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HomeMy WebLinkAboutMinutes - 1988.02.11 - 7206the appointments of the following July - December Richard Wilcox, Chair Nancy McConnell Richard Skarritt James Doyon Lillian Jaffe Oaks OAKLAND COUNTY Board Of Commissioners MEETING February 11, 1988 Meeting called to order by Chairperson Roy Rewold at 935 A.M. in the Courthouse Auditorium, 1200 North Telegraph Road, Pontiac, Michigan-. Roll called. PRESENT: Aaron, Bishop, Caddell, Calan(ro, Crake, Doyon, Gosling, Hobart, Jensen, Richard Kuhn, Lanni, Lev,- Liv:on• McConnell, McDonald, Angus McPherson, Ruel Mcrierson, Moffitt, Oaks, Page, Pernick, Price, RewoId, Rowland., Skarritt, Wilcox. (26) ABSENT: Susan Kuhn. (1) Quorum present, Invocation given by Commissioner Davie Moffitt. Pledge of Allegiance to the Flag. Moved by Jensen supported by Skarritt the minutes of the January 21, 1988 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Crake supported by Pernick the rules be suspended and the agenda be amended for the following: PUBLIC SERVICES d. Prosecutor's Office - Prosecutor's 1988 Cooperative Reimbursement Contract. (Waive Rule XA9. Out of sequence with grants procedure) AYES: A. McPherson, 2, McPherson, Moffitt, Oaks, Pam Pernick, Price, Rewold, Skarritt, Wilcox, Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell. (23) NAYS: None. (0) A sufficient majority having voted therefor, the nation to suspend the rules carried, and the agenda, as amended, was approved. Clerk read letter from State Senator Jack Faxon acknowledging receipt of resolutions. Clerk read letter from Chairperson Roy Rewold annomoing persons to serve on the Zoning Coordinating Ccmmittee for 1388: January - June Anne Hobart, Chair Larry Crake Richard Skarritt Angus McPherson Lillian Jaffe Oaks Moved by Skarritt supported by Hobart the appointments be confirmed. A sufficient majority having voted therefor, the appointments were confirmed. Clerk read a thank you letter from Commissioner Anne Hobart. 20 Commissioners Minutes Continued. February 11, 1988 Moved by Page supported by Calandra the correspondence be received and filed. A sufficient majority having voted therefor, the motion carried. Misc. 88017 By Finance Committee IN RE: Drain Commissioner Department - REQUEST FOR FOUR (4) ADDITIONAL LEASED VEHICLES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #7393 of December 8,1975, the Oakland County Board of Commissioners adopted a "County Policy on Assignment of County Vehicles"; and WHEREAS the policy for additional vehicles requires the affirmative recommendation of the Finance Committee; and WHEREAS Section G of this policy also states that the Finance Committee shall recommend to the Board of Commissioners an appropriation sufficient to cover the acquisition cost plus monthly charges for the balance of the current year; and WHEREAS Miscellaneous Resolution #87229, adopted October 8, 1987, authorized the creation of three (3) additional Construction Inspector I positions in the Drain Commissioner Department to conduct regular field inspections of soil erosion permit sites in Oakland County to ensure compliance with the Soil Erosion and Sedimentation Act; and WHEREAS the Drain Commissioner Department has requested three (3) additional leased vehicles to conduct these field inspections; and WHEREAS the Drain Commissioner Department was also granted one Cl) additional General Maintenance Mechanic - Drain position in the 1988 - 1989 Biennial Budget to assist in monitoring and maintaining all lake level control structures within Oakland County; and WHEREAS the Drain Commissioner Department has requested one (1) additional pick-up truck to perform this function; and WHEREAS all four vehicles will be acquired through the Drain Commissioner Equipment Fund and monthly lease charges estimated at $1800 are provided in the 1988/1989 Drain Commissioner General Fund Budget; and WHEREAS no additional appropriation is therefore required; and WHEREAS the County Executive recommends this expansion of the County vehicle fleet. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the expansion of the County vehicle fleet by four (4) vehicles as requested by the Drain Commissioner Department. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Calandro the resolution be adopted. AYES: R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, A. McPherson. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 88018 By Finance Committee IN RE: Circuit Court -LEGAL FEES FOR JUDICIAL TENURE GRIEVANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS through Miscellaneous Resolutions #87018 and #87218, the Board of Commissioners authorized the hiring of Robert W. Webster, Esq., in a matter before the Judicial Tenure Commission and appropriated $10,032 to Corporation Counsel - legal expense to cover the cost; and WHEREAS Mr. Webster has submitted invoices for legal services totaling $44,889.52 through November 30, 1987 above the amount of the original allocation; and WHEREAS funds have been accrued in 1987 to cover said cost; and WHEREAS Corporation Counsel has reviewed the invoices and finds that the expenses are reasonable. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves payment in the amount of $44,809.52 to cover the Webster invoice. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. Commissioners Minutes Continued. February 11, 1988 21 Discussion followed. AY -;-5: Moffitt, Oaks, Page, Pernick, Rewold„ Skarritt, Wilco, Aaron, Bishop., Caddell, CalandrO, Crake, Gosling, Hobart, Jensen, ft. Kuhn, Laoni, Low, Luxod, McConnell, A. McPherson, R. McPherson. (22) HAYS: Rowland, Doyon. (2) A sufficient majority having voted therefor, the resolution was adopted. Misc. 88019 By Finance Committee RE: Facilities Engineering Division - CONTRACT AWARD FOR FIRE SPRINKLER EXTENSION AT SOUTH OAKLAND HEALTH CENTER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #87255 the Board - of Commissioners authorized the County Executive's Department of Putiic Works to receive his for the installation of a Fire Sprinkler System Extension at the South Oakland Health Center at an estimated cost of $5,000: and WHEREAS in accordance with bidding proceduras, bids for installation of the above centioned word received and dr.uzoed on January 19, 1988;.end WHEREAS the County Executive's Department of Pu'alic Works has reviewed all bids submitted and 1 .er:on-ends that t lueest responsible bidder, WolvcriAe Fire Protection Co. be awarded a contract for installation in the amount of $4,300; and WHEREAS aeditional costs ar -. estimated to be $1,700; and WHEREAS the ttal cost of the above maotie=led work is estimated to 'de t,6,000 as detailed in t4-2 attar:ied scOedule; and - WHEREAS funding for the above mentioned project is available in the 12013 Capital Improvement Program - Building Section, Miscellaneous Remodeling. NOW THEREFORE BE IT RESOLVED as follows: 1) The contract proposal of Wolverine Fire Protection Co, of Livonia, MI., in the amount of $4,300 be accepted and the contract awarded in concurrence with the Planning and Building Committee recommendations, 2) The funds specified in 11 above and $1,700 to cover remaining project costs be paid -from the 1988 Capital Improvement Program 7 Building Section, Miscellaneous Remodeling, • 3) The Chairperson of the 'Board of Commissioners, is hereby authorized and directed to execute a contract with Wolverine Fire Protection Co. of Livonia, Michigan on behalf of the County of Oakland, 4) The County Executive's Department of Public Works, Facilities Engineerif::: Division, shall notify the awardee of this wvard, in writing no later than 10 days after adoption of this resolution. The award soall n)t be effec:tive until the awardee has been notified. Mr. Chairperson, on behalf of the Finance •Committee,-I move the adoption of the foregoing resolution. FINANCE COMMITTEE C. Chairp2rsc41 Report to Finance Committee By Planning and Building Committee IN RE: Award of Contract for Fire System Sprinkler Extension South Oakland Health Center Mr. Chairperson, Ladies and Gentle fen: The Planning and Building Committee, ha•in ,:! reviewed the above referenced subject, repo r? 'Lhe recomnd:-..tion t.ha .': the • tract be awarded to Wolverine Fire Protection Co., of Livo -ila, Michigan, in the amount of $4,300.00 with total project cost of $6,000.00. Mr. Chairperson, on behalf of the Planning and Ouilding Committee, I hereby submit the foregoing report. PLANNING AND BUILDING COMMITTEE • Anne M. Yobart, Chairperson Moved by Caddell supported by Wilcox the resolution be adopted. AYES: Oak's, Page, Pernicic, Rewold, Skarritt„Wilco, Aaron, Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, A. McPherson, R. McPherson, Moffitt. (23) NAYS: None. (0) A sufficient majority havino voted therefor, the resolution was adopted. 22 Commissioners Minutes Continued, February 11, 1988 Misc. 88020 By Finance Committee IN RE: Circuit Court Probation - GRANT ACCEPTANCE FOR NEW PROBATION ENHANCEMENT DISCRETIONARY GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #86186 requires the Finance Committee to review acceptance of all grants that vary less than fifteen (15) percent from the original grant application; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution 487183 authorized application for the Probation Enchancement Discretionary Grant in the amount of $115,392.80 for the period of October 1, 1987 through September 30, 1988; and WEREAS the Finance Committee has reviewed said grant as approved by the Michigan Department of Corrections and finds the grant award in the same amount as the application; and WHEREAS said program is 100% State funded and does not obligate the County to any further commitment; and , WHEREAS there are no personnel changes required; and WHEREAS the grant award contract has been reviewed and approved as to form by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED as follows: 1) The Oakland County Board of Commissioners accept the 1987 - 88 Probation Enhancement Discretionary Grant in the amount of $115,392.80, 2) The Chairperson of the Oakland County Board of Commissioners is hereby authorized to execute said grant contract, 3) The chairperson is authorized to approve minor changes and grant extensions, not to exceed a fifteen (15) percent variance, which are consistent with the grant as approved, and BE IT FURTHER RESOLVED that the 1988 - 89 Biennial Budget be amended to include this grant as follows: Revenue 1988 1989 3-27361-179-01- 00-2185 Grant Revenue Expenses -27361-179-01-00-1017 Salary - Misc. 4-27361-179-01-00-3128 Professional Serv. 4-27361-179-01-00-3409 indirect Expense 4-27361-179-01-00-3574 Personal Mileage $115,392,80 $ 10,000.00 104,000.00 592.80 800.00 371-5792780 $115,392.80 $ 10,000.00 104,000.00 ... 592.80 800.00 $115,392.80 Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE S. William Caddell, Chairperson Moved by Caddell supported by Angus McPherson the resolution be adopted. AYES: Page, Rewold, Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 88021 By Finance Committee IN RE: Health Division - 1987/88 SUBSTANCE ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #86186 requires the Finance Committee to review acceptance of all grants that vary less than fifteen (15) percent from the original grant application; and WHEREAS the Chairperson of the Board of Commissioners, per Miscellaneous Resolution #86186, authorized application for the Substance Abuse Grant in the amount of $1,863,003 for the period October 1, 1987 through September 30, 1988; and WHEREAS the Finance Committee has reviewed said grant as approved by the Michigan Department of Public Health and finds the grant award in the amount of $1,863,003 the same as the grant application for the same time period; and WHEREAS said program is funded $1,863,003 by the State, $294,349 by local and other sources and $295,500 by fees and collections for a total 1987/88 program of $2,452,852; and WHEREAS this grant contract has been reviewed and approved as to form by the Office of Corporation Counsel; and WHEREAS application or acceptance of the grant does not obligate the County to any future commitment. Commissioners Minutes Continued. February 11, 1988 23 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Substance Abuse Grant award in the amount of $1,863,003 and authorizes the appropriate budget amendments be made. BE IT FURTHER RESOLVED that the Chairperson of the Board is hereby authorized to approve minor changes and grant extensions, not to exceed a fifteen (15) percent variance, which are consistent with the grant as approved. 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 Luxon the resolution be adopted. AYES: Rewold, Rowland, Skarritt, Wilcox, Aaron -, Hishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law,: Luxon, McConnell, McDonald, A, McPherson, R. McPherson, Moffitt, Oaks, Page. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. The Honorable Chief Judge Robert C. Anderson addressed the Board. Misc, 88022 By Health and Human Services Committee IN RE: Probate Court - ACCEPTANCE OF 1988 SKILLMAN FOUNDATION GRANT FUNDS To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS since 1967 The Skillman Foundation has provided grants to the Oakland County Probate Court; and WHEREAS The Skillman Foundation, on November 23,1987, agreed to a new grant to the Oakland County Probate Court in the amount of $126,000 for the 1988 grant year, covering the period of January 1, 1988 through December 31, 1988 consistent with the attached schedule, with a stipulation th'at tre grant be expended solely in support of the programs, purposes, and budget detailed in the Probate Court's proposal submitted July 31, 1987, in accordance with Miscellaneous Resolution #86186i said report having been submitted to the Chairperson of the Board of Commissioners June, 1987; and WHEREAS The SkillMan Foundation has further approved that $17,470 may be carried forward from '!.;rhe unexpended funds of the 1985/87 Skillman Fund for a total 1988 cost of $143,470; and WHEREAS the Probate Court deems it essential to accept these funds to continue the above-named programs; and WHEREAS the grant award has been accounted for in Probate Court's 1988 Budget; and WHEREAS Corporation Counsel has reviewed and approved the grant to form. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby gratefully acknowledge and accept the grant in the amount of $126,000 from the Skillman Foundation to the County of Oakland, through the Probate Court, Field Services Division and approves the carry forward of $17,470 from the 1986/87 Skillman Fund to the 1988 Skillman Fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby authorized to execute said grant contract. BE IT FURTHER RESOLVED that the Chairperson of this Hoard is hereby authorized to approve minor changes and grant extensions, not to exceed a ten percent variance, which are consistent with the grant as approved. BE IT FURTHER RESOLVED that acceptance of the grant does not obligate the county to any future commitment. Mr. Chairperson, on behalf of the Health and Hunan Services Committee, I move the adoption of the foregoing resolution. HEALTH AND HUMAN SERVICES COMMITTEE Donald E. Bishop, Vice Chairperson Moved by Bishop supported by Crake the resolution be adopted. The Chairperson referred the resolution to the Finance Committee. There 'lere no objections. Misc. 88023 By Health and Hunan Services Committee IN RE: Community Mental Health - HOMELESS ASSISTANCE SERVICES - PROGRAM APPLICATION (COUNTY OPERATED) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is estimated that nearly one percent of the population experiences homelessness at some point during the typical year, and between 25% and 40% of these suffer from a chronic mental illness; and 24 Commissioners Minutes Continued. February 11, 1988 WHEREAS the Federal government has established the McKinney Homeless Assistance Act to provide funding to local communities to address the urgent needs of this psychiatric population; and WHEREAS the Oakland County Community Mental Health Services Board wishes to submit a program application to the Michigan Department of Mental Health under this Federal block grant, to deliver outreach services to homeless, mentally ill citizens of the County; and WHEREAS such services would include assistance in finding economical housing, temporary rent subsidies, case management and crisis intervention, as well as consultative support to landlords and general Adult Foster Care home operators; and WHEREAS Federal funding would be requested in the amount of $200,000,over the 18-month term of the grant, requiring no County matching- dollars; and WHEREAS the grant application includes two County positions, a Mental Health Clinician and a Typist 1, who would be hired with the understanding that the program is funded only for 18 months, and any continuation beyond that period -- based on the value of the program demonstrated through a formal evaluation -- would depend an availability of state and matching local funds within the Community Mental Health- Services budget; NOW THEREFORE BE IT RESOLVED that he Oakland County Board of Commissioners approve the Homeless Assistance Services Program Application as recommended by the Community Mental Health Services Board. Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the adoption of the foregoing resolution. HEALTH AND HUMAN SERVICES COMMITTEE Donald E. Bishop, Vice Chairperson Report to the Health and Human Services Committee By Department of Management and Budget IN RE: Community Mental Health - Homeless Assistance Services - Grant Application The Department of Management and Budget has reviewed the application for funds for the Homeless Assistance Services Program and finds: I) Funds are available from the Federal government under the McKinney Homeless Assistance Act. 2) The grant application is for $200,000 to cover an 18-month period, requiring no County matching funds. 3) A-schedule of the anticipated revenues and expenditures for this program is attached. 4) There are County personnel implications. 5) Application or acceptance of the funds does not obligate the County to any future commitment. In accordance with Miscellaneous Resolution #86186, Revised Federal and State Grant Application and Reimbursement Contract Procedures, this report is being submitted to the Health and Human Services Committee. Management and Budget Moved by Bishop supported by Crake the resolution be adopted. AYES: Rowland, Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandra, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 88008 By Personnel Committee IN RE: CIRCUIT COURT/FRIEND OF THE COURT - DELETION OF ONE (I) CIRCUIT COURT SERVICE OFFICER POSITION AND CREATION OF TWO (2) TYPIST I POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Court Service unit in the Friend of the Court division is engaged in locating, arresting and transporting respondents to the County Jail for whom there are outstanding bench warrants for resolution of a child support arrearage; and WHEREAS to increase the efficiency of the Court Service unit, the Friend of the Court has developeda system to dispose of bench warrants by mail combined with follow-up phone calling to encourage voluntary appearance on the bench warrant, and has found this approach to be worthwhile and effective; and WHEREAS the recent retirement of a Court Service Officer has allowed the Friend of the Court to review the operation of the Court Service unit and recommend that funding for the vacant Circuit Court Service Officer position would best be utilized to provide two (2) Typist I positions for bench warrant mailing and follow-up purposes; and Commissioners Minutes Continued. February 11, 1988 25 WHEREAS no additional County funds are required for this proposal; NOW THEREFORE BE IT RESOLVED that one (1) position of Circuit Court Service Officer (#02763) be deleted, and that two (2) Typist I positions be created in the Court Service Unit of the Friend of the Court division. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution, Fiscal Note By Finance Committee IN RE: Circuit Court/Friend of the Court - Deletion of One (1) Circuit Court Service Officer position and Creation of Two (2) Typist I positions (Miscellaneous Resolution #88008) 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 #88008 and finds: 1) The Personnel Committee recommends the deletion of one (1) Circuit Court Service Officer position and the creation of two (2) Typist I positions. 2) The annual cost of one (1) Circuit Court Service Officer position would have been $40,037; $26,270 salaries, $9,720 fringes, $3,480 leased vehicles and $567 radio communications. The cost for the balance of fiscal year 1988 would have been $39,362 and for fiscal year 1989, $40,037 (Attachment A). 3) The annual cost of two (2) Typist I positions will be $39,846; $29,084 salaries and $10,762 fringes. The cost for the balance of fiscal year 1988 will be $35,115 and for fiscal year 1989, $39,846. 4) The net savings will be $4,247 for 1988 and $191 for 1989. 5) The 1988 - 1989 Biennial Budget to be amended as follows: 1988 7750-312-03-00-1001 Salaries 21500-312-03-00-2075 Fringes 21500-312-01-00-6610 Leased Vehicles 21500-312-01-00-6600 Radio Comm 21500-312-08-00-1001 Salaries 21500-312-08-00-2075 Fringes 10100-909-01-00-9900 Contingency 1989 n-7)0-312-03-00-1001 21500-312-03-00-2075 21 500-312-01 -00-6610 21500-312-01-00-6600 21500-312-08-00-1001 21500-312-08-00-2075 10100-909-01-00-9900 FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Calandro supported by Lanni the resolution, with a favorable Fiscal Note attached, be adopted. AYES: Skarritt, Wilcox, Aaron, Bishop, Calandro, Crake, Doyon, Gosling, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Oaks, Page, Pernick, Price, Rewold. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 88009 By Personnel Committee IN RE: CENTRAL SERVICES, PARKS AND RECREATION - SPLITTING OF GATE ATTENDANT POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Parks and Recreation is no longer contracting out the Cross Country Ski Rental Program; and WHEREAS this has resulted in the need for Parks and Recreation staff to handle the rental of ski equipment; and WHEREAS Parks and Recreation proposes to split six (6) existing Gate Attendant positions (2,080 hours each) into twelve (12) part-time non-eligible positions (1,000 hours per position) to assist with the ski rental program; and PERSONNEL COMMITTEE John P. Calandro, Chairperson Salaries Fringes Leased Vehicles Radio Comm Salaries Fringes Contingency $(26,270) (9,720) (2,900) (472) 25,631 9,484 4,247 $ -0- 5(26,270) (9,720) (3,480) (567) 29,084 10,762 191 $ -0- Unit 15 15 25 25 35 25 part-time one other Position 00211 00212 02550 00434 02346 02980 non-eligible Gate Attendant position part-time non-eligible Gate Attendant 26 Commissioners Minutes Continued. February 11, 1988 WHEREAS the funds allotted for the existing six (6) Gate Attendant positions is sufficient to cover the costs of the proposed changes and would result in an additional annual savings of $7,594: NOW THEREFORE BE IT 'RESOLVED that the Oakland County Board of Commissioners approve the splitting of the following six (6) existing Gate Attendant positions (2,080 hours each) into two (2) positions each, at 1,000 hours for each position to assist with the Cross Country Ski Rental program. At Addison Oaks - At Independence Oaks - At Waterford Oaks Activities Center 3E. IT FURTHER RESOLVED to transfer one from Waterford Oaks to Addison Oaks and to transfer position from Waterford Oaks to Independence Oaks. Mr. Chairperson, on behalf of the Personnel foregoing resolution. Committee, I move the adoption of the PERSONNEL COMMITTEE John P. Calandro, Chairperson Fiscal Note By Finance Committee IN RE: Central Services, Parks and Recreation - Splitting of Gate Attendant Position (Miscellaneous Resolution 488009) • 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 #88009 and finds: "IT" -The""1988 Personnel- budget authorized six (6) full-time Gate- Attendant posi-tions. 2) The request to split six (6) 2080 hour Gate Attendant positions ,into twelve (12) 1000 hour positions would save $7,594 per the attached schedule. 3) The splitting of positions was anticipated in the financial portion of the 1988 Adopted Budget, 4) No budget adjustments are necessary. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Calandra supported by McDonald the resolution, with a favorable fiscal note attached, be adopted. Lanni, Price, AYES: Wilcox, Aaron, Bishop, Calandra, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Rewold, Skarritt. (24) MAYS: None. (0) A sufficient majority having voted therefor, the resolution, with a favorable fiscal note attached, was adopted. Misc. 88010 By Personnel Committee IN RE: PUBLIC WORKS/SOLID WASTE - CREATION OF ONE (1) PART-TIME NON-ELIGIBLE CLERICAL TRAINEE POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Solid Waste Unit acts as staff support to the Municipal Solid Waste Board and its four committees, as well as the Solid Waste Planning Committee and Recycling Committee; and WHEREAS these committees meet an average of six times per month; and WHEREAS the staff support responsibility involves assisting the Chairpersons in conducting the meeting and taking minutes of the meeting; and WHEREAS since there is no clerical support assigned to the Solid Waste unit, either the Chief Engineer or Civil Engineer III must take minutes and borrow clerical support from other areas to type the minutes and provide other required clerical duties; and WHEREAS the Personnel Committee recommends that clerical support be funded from the professional services line item of the Solid Waste unit; NOW THEREFORE BE IT RESOLVED that one (1) part-time non-eligible Clerical Trainee position be established for a total of 500 hours per year in the Solid Waste Unit of the Public Commissioners Minutes Continued. February 11, 1988 Works Administration Division. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandra Chairperson Fiscal Note By Finance Committee IN RE: Public Works/Solid Waste - Creation of One (1) Part-Time Non-Eligible Clerical Trainee Position (Miscellaneous Resolution #88019) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #88010 and finds: 1) The annual cost of the Clerical Trainee - part-time non-eligible for 500 hours is: Salary $3,050 Fringes 262 Total !il3,212 2) Funds are available in the operating portion of Solid Waste 'Snit budget, 3) The portion of salary and fringe costs directly related to the Municipal Solid Waste Board Unit are reimburseable under the Solid Waste Intergovernmental Agreement, 4) The allocation of those costs will be calculated from time sheets presented to Accounting. E) The followin; amendments are recommended 1988 Budget 1989 Budget 4-10100-141-15-00-2122 Prcfessioral Services $(3,312) $(3,31 ) 4-10100-141-1E-00-1001 Salary - Regular 3,050 2,050 4-10100-141-15-00-2070 Fringe Benefits 262 262 -0- -0- FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Calandra supported by Law the resolution, with favorable Fiscal Note attached, be adopted. AYES: Aaron, Bishop, Calandra, Crake, Doyon, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, Mcdonnell, McDonald, A. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, with favorable Fiscal Note attached, was adopted. Misc. 88024 By P7anning and Building Colhdttee IN RE; Drain Commissioner - CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM COLEMAN-FRIEDMAN EXTENSION IMPROVEMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS on February 17, 1977, in Resolution No, 7E06 this Board of Commissioners, at the request of the Charter Township of Waterford, established the HURON GARDENS EXTENSION to the CLINTON- OAKLAND SEWAGE DISPOSAL SYS,TEH and designated and appointed the Oakland County Drain Commissioner as the "County ;gency" to act on behalf of the said County and Township in connection with the acquisition and financing of sewage disposal facilities for said System and Extension; and WHEREAS on February 5, 1981, in Resolution No. 81025 this Board of Commissioners, at the request of the Charter Township of Waterford, authorized the iransfer of surplus funds to be used for payment of the cost of acquiring said HURON GARDENS EXTENSION in amounts up to $2,095,000 of which surplus funds there are amounts remaining in excess of $484,000.00; and WHEREAS the Charter Township of Waterford, by resolution adopted by its Township Board on January 11, 1988, a copy of which is attached hereto, has indicated that it is in need of certain improvements to the CLINTON-OAKLAND- SEWAGE DISPOSAL SYSTEM as shown on Exhibit "A", attached hereto, and has proposed that such improvements be acquired and constructed by the County and financed from surplus funds on head; and eEREAS it will be advantageous to the Charter Township of Waterford and the County of Cakland if the use of funds is authorized by this Board of Commissioners in accordance with the request of the Township; and WHEREAS the Oakland County Drain Commissioner has recommended adoption of this resolution. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as I. That this Board of Commissioners does hereby approve and authorize use of surplus funds now on hand as a result of the previous transfer, pursuant to the provisions of the several Contracts, said Contracts and amounts of surplus transferred being as follows: $ 315,000 300,000 600,000 880,000 Phase I Phase III Phase IV Phase V 28 Commissioners Minutes Continued. February 11, 1988 Clinton-Oakland Sewage Disposal System - Waterford Extensions - Phase V, dated as of January 1, 1977; bonds issued $13,475,000. Clinton-Oakland Sewage Disposal System - Waterford Extensions - Phase IV, dated as of September 1, 1976; bonds issued $12,350,000. Clinton-Oakland Sewage Disposal System - Waterford Extensions - Phase III, dated as of September 1, 1976; bonds issued $5,100,000. Clinton-Oakland Sewage Disposal System - Waterford Extensions - Phase I, dated as of April 1, 1969; bonds issued $12,850,000. Clinton-Oakland Sewage Disposal System - Waterford Extensions - Phase I, dated as of April 1, 1969, as supplemented September 3, 1970; bonds issued Second Series $4,150,000. surplus amount transferred: Waterford Extensions - Waterford Extensions - Waterford Extensions - Waterford Extensions - Total $2,095,000 2. That the cost of the COLEMAN-FRJEDMAN EXTENSION IMPROVEMENTS (the "project") dnd the location thereof are hereby approved as set forth on said Exhibit "A" and an Exhibit "B" Estimate of Cost, each attached hereto, and the use of up to $484,000.00 for payment of the cost of project is hereby authorized from said surplus funds. 3. That the surplus funds herein authorized to be used shall be used by the County of Oakland through its Oakland County Drain Commissioner as its County Agency for payment of the cost of the project in accordance with the provisions of and for the purposes described in said Contracts. 4. That the County Agency is hereby authorized to procure detailed plans and specifications, obtain soil borings, take construction bids and enter into contracts, and take any other actions necessary and incidental to acquisition and construction of the COLEMAN-FRIEDMAN EXTENSION IMPROVEMENTS project. 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 Crake the resolution be adopted, AYES: Bishop, Caddell, Calandra, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Aaron. (26) NAYS: None, (0) A sufficient majority having voted therefor, the resolution was adapted. Misc. 88025 By Planning and Building Committee IN RE: Department of Public Works and Drain Commissioner (Sewer, Water and Solid Waste Division) HURON-ROUGE SEWAGE DISPOSAL SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS there is an existing need to acquire ddditional sanitary interceptor capdr.ity in Wayne County systems and additional transportation and treatment capacity in the City of Detroit to serve the City of Novi; and WHEREAS said improvements can be provided and financed by the County of Oakland by the County Drain Commissioner acting as County Agency through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended; and WHEREAS the County of Oakland can, by acting in cooperation with the County of Wayne and the local units of government in the Wayne County Rouge Valley Sewage Disposal System, acquire capacity in the Rouge Valley System existing facilities and in additions thereto to he constructed by Wayne County under the Wayne County-Oakland County, Construction, Finance, and Service Agreement (herein the "AGREEMENT") to be dated February 1, 1988, and submitted herewith; and WHEREAS the City of Novi (the "OAKLAND LOCAL UNIT") has approved the AGREEMENT and has authorized the County of Oakland to execute the same on its behalf and to provide documentation in the form of a contract between the County of Oakland and OAKLAND LOCAL UNIT as related to the PROJECT described in the AGREEMENT, which AGREEMENT provides for the acquisition of capacity in Wayne County and City of Detroit sewage transportation and treatment facilities, provides for the construction in Wayne County of additions to the Rouge Valley System, and allocate capacity and shares of cost of the additional facilities (herein the "PROJECT"); and WHEREAS it appears both necessary and desirable for Oakland County to contract with the OAKLAND LOCAL UNIT and enter into the AGREEMENT representing the City of Novi, and in said AGREEMENT, with the County of Wayne, agree to acquire the PROJECT using to the extent available federal grants and other funds as described in the AGREEMENT: and Commissioners Minutes Continued, February 11, 1988 29a .- WHEREAS the acquisition of capacity In and construction of additional sewage disposal - . facilities in Wayne CoiLity and the City of Detroit will orateet the public health and welfare of the citizens to be served VweOy. NOW THEREFORE BE .T• RESOLVED by the Board of Comedssioners of Oakland County, Michigan, as follows: 1. The Board of Commissioners of the County of Oakland, Michigan, by a majority vote of its members elect, does hereby authorize and direct that the Hurcn-Rouge Sewage Disposal sysi:.em heretofore established, be enlarged, continued, maintained, and operated as a sewage disposal system consisting of capacity in existing -end new Wayne County and City of Detroit sewage disposal • facilities necessary to supply additional sewage disposal services to the City of Novi. 2. The Board of Commissioners does hereby appoint tho Oakland County Drain Commissioner as County Agency to implement said improvements under Act 342, Public Acts of Michigan, 1939, as amended, with all obligations incurred by the County Agency 4ith respect to said improvements unless otherwise authorized by the Board, to be payable from funds derived from federal grants or payments to be made by the OAKLAND LOCAL UNIT, 3. The 3oard of Commissioners does hereby approve the acquisition of additional capacity by the City of Novi in accordance with the provisions of the CONTRACT between Oakland County and the City of Novi and the provisions of the AGREEMENT between Wayne County and Oakland County attached hereto. 4. The Wayne County - Oakland County Construction, Finance, and Service Agreement to be dated as of February 1, 1988, and the North Huron Valley/Rouge Valley Wastewater Control System - Oakland Bounty Contract to be dated February 1, 1988, are hereby approved and the Oakland County Drain Commissioner as County Agency is hereby authorized and directed to execute said CONTRACT AND AGREEMENT, as attached to this resolution, on behalf of the County of Oakland. 5. In the attaaaad CONTRACT between Oakland County and the OAKLAND LOCAL UNIT, the reference- to the "County" in paragraph 14 thereof shall be interpreted as a reference to the "County Agency" as explained in the language of paragraph 16 of the CONTRACT. 6. The Oakland County Board of Commissioners does hereby designate the County Drain Comr.lissoher acting as County Agency as the appointee from OAKLAND to the Rate RevieL Committee established under the provisions of Paragraph 15 of the AGREEMENT between Wayne Bounty and Oakland County attached hereto. Mr, Chairperson, on behalf of the Planning and Suilding Committee, I move the adoption of the foregoing resolution, PLANNING AND BUILOING COMMITTEE Anne M. Hobart, Chairperson NORTH HURON VALLEY/ROUGE VALLEY WASTEWATER CONTROL SYSTEM - OAKLAND COUNTY CONTRACT MIS CONTRACT, made as of the by and between the COUNTY OF OAXLAND, a Michigan County Corporation (hereinafter ciMT-75T(T-7-6diTiy") by and through its County Drain Commissioner as county agency, party of the first part, and the City of Novi, a Michigan city (hereinafter called the gmunicipality"), party of the second part. WITNESSET H: WHEREAS the Board of Commissioners of the County et Oakland has heretofore established the Nuron-Rouge Sewage Disposal System to provide sewage disposal services to areas in the County pursuant to Act 185, Public Acts of Michigan. 1957, as amended (hereinafter sometimes referred to as "Act :85 System'). and WHEREAS the Oakland County Drain Commissioner (hereinafter sometimes referred to as the "county agency") has been designated as the county agency in connection with the construction and financing, of county sewage disposal systems pursuant to Act 342, Public Acts of Michigan, 1939, as amended (hereinafter sometimes referred to as "Act 342"); and. WHEREAS it is necessary for the public health to acquire capacity in interceptor sewers and other facilities to be located in keyne County, all as shown on Exhibit "A", hereunto attached and by this reference made a part hereof (herein called the "Project"): and WHEREAS by the terms of Act 342, the county and the municipality are authorized to enter into a contract for the acquisition, construction and financing of the aforementioned Project and for the payment of the cost thereof by the municipality, with interest, over a period of not exceeding forty (40) years, and the county is then authorized, pursuant to appropriate action of its Board of Commissioners, to issue its bonds to provide the funds therefore, secured primarily by the full faith and credit of the county; and WHEREAS Act 342 provides, in the opiaion of the municipality and the county, the fairest and most equitable means of acquiring the Project, necessary for the public health and welfare of the residents of the county within the municipality at the most reasonable cast; and WHEREAS preliminary plans and estimates of the cost and the period of usefulness of the Project to be acquired, financed and constructed have been prepared; and WHEREAS in order to issue such bonds, it is necessary that the county and the municipality enter into this contract. NOW THEREFORE in Consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The county and the municipality hereby approve and agree to the acquisition, construction and financing of the Project to serve areas in the municipality under and pursuant to 30 Commissioners Minutes Continued. February 11, 1938 Act 342, and approve the designation of "Korth Huron Valley/Rouge Valley Wastewater Control System-Oakland County" as the name of said Oakland County contract and Project. 2 The acquisition by Oakland County of capacity in the existing Act 185 System located in Wayne County invol-ves the use of the interceptor and related facilities of the Act 185 System in Wayne County. The acquisition by Oakland County of capacity in the North Huron Valley/Rouge Valley Wastewater Control System (herein called the Wayne County System"), and in particular in the interceptors and related facilities to be located in Wayne County as components of the Wayne County System is governed by the terms and provisions, of the Wayne County-Oakland. County Construction, Finance and Service Agreement for the North Huron Valley/Rouge Valley Wastewater Control System, dated as of , to which Oakland County is a party and the form of which has been approved by the municipalities party hereto. A copy of said Contract is attached hereto and it is sometimes referred to herein as the "Wayne Contract. The county and municipality acknowledge that they will be a part of the entire °system" and "Project" described in and governed by the Wayne Contract and recognize that the terms "Local Unit" or "Local Units" as used in said Wayne Contract include, and made the terms thereof applicable to the municipality, especially as said terms apply to Federal and/or State grants and other aspects of the acquisition and financing of the Wayne System and the Oakland County contract. 3, The county agency shall take or cause to ho taken all actions required or necessary, in accordance with Act 342, to procure the issuance and sale of bonds by the county, in one or more series, in whatever aggregate principal amount is necessary to be so financed to defray the total cost under this contract. Such bonds shall be issued in anticipation of, and be payable from, the payments to be made by the municipality to the county as provided in this contract, and the said bonds shall be payable in annual maturities the last of which shall he not more than forty years from the date thereof, 4. In the event that it shall become necessary to increase the estimated cost of the Project for any reason, including application of any provisions of the Wayne Contract, or if the actual cost of the said Project shall exceed the estimated cost whether as the result of variations or changes made in the approved plans or otherwise, then (without execution of any further contract or amendment of this contract) county bonds (upon the adoption of an authorizing resolution therefor by the Board of Commissioners) shall be issued to defray such increased or excess cost, to the extent that funds therefor are not available from other sources: Provided, however, that no such increase or excess shall be approved and no such increased or additional county bonds shall be •authorized to be -issued,- ••nor -shall the county..--enter••.into••any • contract • • for- aacquisition•-•••or construction of the Project or any part thereof or incur any obligation for or pay any item of cost therefor, where the effect thereof would be to cause the total cost of the Project to exceed by more than 10% the total estimated cast as hereinbefore approved, unless the governing body of the municipality shall have previously adopted resolutions approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be defrayed by the issuance of increased or additional county bonds in anticipation of increased or additional payments agreed to be made by the municipality to the county in the manner hereinafter provided: Provided, further, that the adoption of such resolution by the governing body of the municipality shall not be required prior to or as a condition precedent to the issuance of additional bonds by the county, if the county has previously issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of the additional bonds is necessary (as determined by the county) to pay such increased, additional or excess costs as are essential to completion of the said Project according to the plans as last approved prior to the time when the previous bonds were issued or contracted to be sold. The provisions of this paragraph are intended to be parallel to and coordinated with similar provisions in the Wayne Contract which pertain in the entire System and Project.. As stated in the Wayne Contract, it is understood that the ()Hers ol and the agreements for Federal and/or State grants to provide funds for the planning, design and/or construction of the facilities of the entire system and Project as described in the Wayne Contract, will place upon Wayne County and thereby upon Oakland County an obligation to complete as follows: "It is anticipated by the parties hereto that the PROJECT to be constructed will qualify for a segmented Federal grant in accordance with the Code of Federal Regulations, Part 40 35.2108 (40 CFR735.2108). For purposes of financing the PROJECT, it is anticipated that the PROJECT will be eligible for Federal grants with respect to segment 1, segment 2 and segment 3 in the amounts as noted on Exhibit 'E 'and all parties hereby agree that the PROJECT shall be completed as required by the provisions of said 40 0FR735.2108, as now or hereafter in effect.' 5. The municipality agrees to pay to the county its respective shares of the cost of the Project as hereinafter provided based upon their respective rights to capacity in the facilities of their system and Project. The shares of the cost pursuant to this contract to be paid by the municipality is as follows: Total Community Cost Percentage Capacity . Share Cost Share City of Novi 20.50 cfs $8,354,000 100.00 6. The costs under this contract will be defrayed by the issuance of county bonds as provided in paragraphs 3 and 4 hereof. The municipality hereby covenants and agrees to pay its respective share'of the principal of and interest on such bonds and all paying agency and transfer Commissioners Minutes Continued, February 11, l.(aM 31 feas dnd oth;,r expensos and charges (includinr the county agency's administrative expenses) which are, pe,yable on account of said eonds fees, expenses :rd charges_ being herein called "bond service charges'1, Such payments shall be made to the county in arnL.a.i insitC:Imert3 which shall be dua and payable at least thirty days„ brier to the day of the ,iionth su.acitied in '..he county bonds as the anrcel principal maturity data thereof. Such annual installments shall he so paid in each year if any brincipal or non-capitalize ,a interest on said bonds falls due during the twelve-month period begihnirg ch such principal maturity date in said year, and the aggregate amount of the instailments so as and payable sh:,711 ho at least sufficient to pay all principal and interest thus falling due and rfl bond aervice cinarces then dae and payable. The cont..1 agency shall, within thirty days after c'elivery of the county bonds to the purchaser, f -Jrnish the treasurer of the municipality with a com,aleta schedule of the principal of and interest on the bonds, and the county agency shall also, at least thirty days before each parient is due to be made by the municipality, advise the treasurer of the municialitv of the sea art payablr to the oeurty on such date, ft the municipality faits to sake any tayaert to the count/ whor due, the same shall be subject tra o. pe,alty of . 1% thereof for each Tonth or fraction thereof tht such amount remains unpaid after slf.!e. Failure of the county agency to furnish the schedule or give th,a notice as above required • shall not excuse the iaunicipality from tiPe. pOioat.jon to make payments when disc. Payme n ts snarl be made by the muhloipality dsrrn dne whether or nct the Pro.:lect has than been completed, or placed in operation. Tie foreouing obligations shall apply to all bonds issued by the county to defray the cost of the Project. 7. If any wuricipaiity shall pay its share of the cost of the Project or any portion thereof, prior to the issuance of bonds, then the obligations of the municioality shall he adjusted accordingly, Tha municipclity may pay in advance of maturity all or any part of an annual installment duo iche county an the bonds by surrendering to the county bonds issued hereunder of a li"te principal amount maturing in the same calendar year, with all future due interest coupons attached thereto. 8. The proceeds of sale of the bonds shall be used solely and only to pay the cost of the Pdc.;hIct, and after completion thereof and payment_ of all costs in connection therewith, any surplus remaining fror the salsof the bonds shall be (1) used to purchase the bonds on the open market or (2) retained by the cunnty agency as a reserve for the payment of the bond principal and interest maturities next fail far, due, axci in such event the contract obligations of the municipality in respect to such bonds or such maturities shF11 be reduced by the principal ...amount of bonds .so r.,urehased or of said resarvo,- said_ reduction -in -case—of the Ourchase of bonds, to be applied as to year, in aso)r-,"ance with the year of the maturity of the bonds so purchased. Any bonds so purchased '')se canceled, In the alternative, such surplus may he used, on request of the municipalities ard. app-ravel of the Board of Commissioners of the county, to extend, enlarge or improve the Project. 9, The municipality, pursuant to the authorization of Section 5s. of Act 342, does hereby pledge its full faith and credit for the prompt and timely 7:3ayment of its obligations expresser in this coo -treat and shall each year levy a tax in an amount which, taking into consideration estimated cclincuoncies in tax collections, will be sufficient to pay its obligations under this contract becoming duo befora the tigc of the following year's tax collections: Provided, however, that the annral tax levy mai/ 1z)- reduced by the amount of special assessment installments, principal and interest, to be collected and available for the payment of such obligations end by the amount of cash or other fonds which the municipality has on hand (or to its credit in the hands of the county) and available for -the payment of such obligations. The governing body of the municipality shall each year, at least 9C days prior to the final date provided by law or charter for the making of the annual tar: levy, submit to the county a written statement setting forth the amount of its obligations to the county 4'hich become due and payable under this contract prior to the time of the next followine year's tax collections, the amount of the funds which the municipality has or will have on hand (or to its credit in the hands of the county) which are or will be available for paylient cr suid obligations to the county, and the amount. of the taxes next proposed to he levied for tfe Furpose of raising money to meet such oblis ,ations. The county shall promptly review such statement smd, if it finds. that the proposer tax levy is Insufficient, after taking into account such other available funds, it shall so notify the governing body, and each municipality hereby covenarts and agrees that it will thereupon increase its levy to such extent as may be required by the county. Taxes levied by the municipality for the payment of their obligations to the county pursuant to this contract shall be subject to limitation as to rate or amount as required by law in effect at the tidie each lovy is to he made. 10. In the event that the municipality shall fail for any reason to pay to the county at the tmer.: herein specified, the amounts herein required to be paid, the state treasurer or other official charged with the disbursdment of unrestricted state funds returnable to the defaulting ruricipslity pursuant to the Michigan constitution is her authorized to withhold sufficient funds tc mskc up cry default or deficiency in funds. In addition to the foregoing„ the county shall have all other rights and remedies proyidei by law to enforce the obligations of the municipality to make oavmcnts in the manner and e..t the times required by this contract. It is specifically recogril2ed by the municipality tnat the payments required to he made by it pursuant to the terms of this contract are to ho plodsjed for the payment of the principal of and interest on bonds to be Issued by the ocunty, and the municipality covenants and agrees that it will make its required payments to the county promptly and at the tmes herein specified, without regard as to whether the Project herein contemplated is actually completed or placed in operation; provided, only that nothing herein Commissioners Minutes Continued, February 11, 1988 onligatien of the county to perform in accore!ares:etoo 0?...he covenants in the Wayne Contract. 'encjele a -,tve as jurisdiction over territory in the n-11_:rE' nsony rHdoner In the o.,.en ic all •iaa: !•'• G.1 the or t(..)ny of s•ceei:r con • • !IS o. or Upon mat< a n •sion ''F, --ler to o body of the :11..!F •••: $: tory of the new muni orr, J,3 y Cor' ; op neer a. po di ir."rd OH icys at Of:: t ▪ •h": the • Soft] appo -i nt. the -• •: ▪ f thdr oesentative within U-i•••••• than the , If the committc , • :n .'-..ment or wthio ohs ccuntY recommendation, '.0ntract, ,-ovided procechire•. h:red to accoM re or 0:'! uc oinc.n- than iniat he responsibi ty sr I....cc ...riding i• Holes thaoz, of thi; rminicipality which He: r i..o;" re haelsv to be ei ther di rectly or' through the county ... adds to onal the clperatior and maintenance of the Fv(h.h,ei no -In aocordance z ,i,,en the parties and in accordarce with 'Or',: e ahroc that 1k. costs and oxperee of .ino . d rect y ;:ract or th.n cm -• tr:Jci:on or finae.Onn co" ,e too extent •e. against the county, a part H ho paid by Ohs' muoiciiJa Or er herein..•''odor this contract. In tne. sde; • the ipality and shall retain legal c ,n,os,-.! a...Jhacable • the ....;unty the county; provided that if tid, rmnicipality rer,--e .sea''Atior within a reasonable time, tic: roi;:e:y hall exerci re its counsel, hp._;-: so ; d to finance the acquisition end • coh:•i:hJotihn ot the Project or -it -he frofi thn of this contract through no ilhe .,c•n •'-..y or if toe Pr,Jject Ci pal ty shall pay all ong -!:irsrls n:, e ...her costs and ',o::,ufee6 by- the c-.H.Aoty in connection with the Projci, ine the. :h!.J.hr cipal itv shall be I pi an s speci f' ea to ons and other engineering data and an powers, duties and functions vesteci by this c:,dtr -ri—t. [n county shall be ierformed by the county agency, for and on he s' ! unless otherwise '.aw or in This contract. The parties expressly rhaiherv ,. cd ht. to amend this subsecuertly to agree, as provided in paragraph 14, iei another public or a9ency in place of the county or the count::' arc! .JC,on.at- thereto oll ju l es atid functions of either or both created pursuant L,,,!„ , In the event that any one or more of the provisions of °,,ntract or of the wayne sioC1 for any reason be hold to be invalid, illegal do- un...ulf„-„,—,4 or in any respect, such ty or unenforceability shall not affect any other provison, F.e'tc., but these contracts construed as if such invalid, illegal or unenforceable !...d.1 never been contained The county and the municipality each recognize that the from time to time of bcrds issued by the county under the provisions of said Act 342, Publlc f,ths of Michigan, 1939,. as amende6, anoi secured by the full faith and credit pledges of the munitiplity to be payment of the princil. I of and interest on the bonds as set forth in this iontract, will have contractual nis contract and in the Wayne Contract and it is thereic:re onvenaillA and agreed by each ! that so long as any of said bonds shall remain outstanO'n•ahd unp,d, the provisions of r contract shall not be subject to any alteration or whn in any manner -r.s.Dly affect either the security of the bonds or the prompt rjf hr;oeinal or interest i:.W.cc.n. The right to make changos in either contract, by alehnt, snelhmehl ontract or othrwise, is nevertheless reserved insofar as the same do not hoe affect and as prvvided in paragraph 16 hereof. Pie municipalities and the ce':ht , Ourther ccini. and ayed that they will each comply with their respective duties and obligaiors• under the terns of this contract and the Wayne Contract promptly, at the times and in the ma Sorer herein set iorth, cod will rot 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. It is hereby declared that the terms of this contract and the Wayne Contract insofar as they pertain to the security of any such bonds, shall be the 33 Commissioners Minutes- Contimied. February 11, 198E deemed to be for the benefit of the holder's cf 19. This contract sh.el pursuant to the resolutions siall terminate forty WI) • in default. hereunder and rbe herethE7ove described are fu1iy henefit of the parties hereto edd • aonds. utile after its execution by each 2arty hereto and approvho, Ste tohtraht, cont,-act el such eErlier Ia1.e mupi(loality is not nond on the bores issued as it snail t)ie bie -fig upon and Inure to the ,s-ors and assipsi Notnin herein contained. oecome by tr- mor • ; interest red discts r respective howover, shall require the county to acquire or co.istrurt the Froct is unable to sell bonds to nanc(.. the srre fbi coutedol: mo ih noy nimirerctto:,:nteiparts. IN WITNESS NHERFOF, tha parties horete have catsed this contract to be executed end delivered by their- resgeutive duly authorized officers, all as cf tha day a•rtt year first aeove written. CITY OF Nriv: COLNiTY OF OAKLAND By: By: Mayor _ — Is-E-7).7.177—Drei-hr BY:Com missioher as County • , . . rty :er Ai,jenty WAYNE COUNTY-OAKLAND COUNTY Constnuciion ; Firance ard Servics 'r,)reenk.ert. THIS CONTQACT, ifinde and into as of ca; ref , 198 , by and among the COUNTY OF WAYNE, A Michijiao char :de tcnrty corporation O•lei•e:rhtf -:,,::F reFe-rred to as ), the CITY OF DEAREICRN HEIGHTS, the. CITY beRetS CITY, the CITY OF :N'STER, the CITY OF LrvoND, the CITY OF NORTHVIL: El, the CITY OF ROMUL:1, tue CITY OF NAM:, the CITY OF WEE LAND, ti'- TUNS)lIP OF REDFORD, and the TOWNSN1P OF /AN F:D,N, all Michigan public corprrations located in the County of Wayne, State of Michigan, (hereinaftem sometimes referred to as the "WAYNE LOCAL UNITS"), and ...tie COUNTY OF OMLAO, a Michigan_ co,inty corporation (hercinzsr.-„er refeeired to as "OAXLAF"), representing the CITY OF NOViI, a Michigar public corporation located in the Coanty of Oakland, State of Michigan,(hereinafter sometimes referred to as the "OAKLAND LOCAL UNIT"). All local units in Wayne and Oakland are sometimes bereibarter r ,aferred to as tho "LOCAL (WITS", or individuallly as a 1l1OCAL...UNIT", • - - WITNESSETN: WNEREAS the Countr of Wayne p: ---cant to the provisions of PiA, 185 of 11.:1.57, as amended, has heretofore established the Eiouge Disosal System (herein. the "ROUGE VALLEY SYSTEM") to provide interceptor sewers in servo uhi. district defined in the resolution creating the systev. WAYNE, acting by and tlirough its Goard cf Public Works, entered into a contract dated August 10, 1961, establishing the Rouge Valley System (hereinafter the "RAEJC CONTRACT"), The BEIC CONTt'ACT provides for The noquisition of cert ,ir sxisting facilities and the cohstruction of certain new interceptor sewers for said ROUGE VALLEY WSTEM to provide facilit i es for 1,'ahsportin,„i specified porticos of the sanitary newage emar:allug from the WAYNE LOC:N., UNITS and otiv:vs althifl the district for disposal through the treater;- faoilliins of the City of Detroll. Said contract further nrovidesi for the alircatiou of the of cost thereof ti be horse by oa.0 -1 of the WAY IF LOCAL UNITS and others and by YAY:)°E, anN provides. -for the issuance of bonds by WAYNE, to provide funds to cover the cost of the i:OUDE VALLEY SYSTEM., said bones beiq secured by the full faith and credit sledge of each of the WAYNE LOCAL UNITS end others and for the payment of its allocated share oayahle as provided in the contract, and further, provides limitations as to rate of flow allowed each, for rates to he paid for cperation arid maintenance, arid crther details and matters in relation thereto, said contract being fully executed by all parties as of August 10, 19O1, and approved as required tea law; and WHEREAS WAYNE and the CITY or DETROIT Metropolitan Watsu- and Sewer System (herein "DETROIT") entered into a cortract dated August 14,7961, as amendee Jane 13, 1983, providing for the transportation of sewage for treatment and disposal through the DETROIT facilities, and WAYNE and the DETROIT entered into al ;,.groetant dated, August 15, 1961, providing for the acceptance of sanitary sewage from the RGUGE VALLEY SYSTEM, and providir for WAYNE to pay DETROIT for services rendered; and WHEREAS pursuant to the provisions of the aforementioned enabling act, the County may merge, combine, improve, enlarge, entend, operate and maintain the existing system; and WHEREAS the County of Oahland has heretofore established the Huron-Rouge Sewage Disposal System (herein the "HURON-ROUGE. SYSTEM") to provide sewage disposal services to areas in OAKLAND and has suisequeutly enlarged sale System, as evidenced by a Board of Commissioner's Resolution datae.;: jure 23, 1983, to include) in the NUR:A-ROUGE SYSTEM service area all of the OAKLAND LOCAL UNIT; and TIDEAS WAYNE and MLAND nsiie heretofore contracted for acceptance by wmr. of sanitary setiaoe from the HURON-ROUGE SYSTEM to be transported through the ROUGE VALLEY SYSTEM and the sewer facilities of DETROIT to the Introit Treatment Plant pursuart tc the contract with WAYNE; and WHEREAS WAYNE is the lead applicant ond ril I make applisaticn for Federal and State grants and municipal bend autIlorly .7inano.inigi fur the construction of facilities to enlarge and e)i,tert the ROUGE VALLEY SYSTEM and the HURON-RCUGE SYSTEM end to make an enlarged connection to the DETRCIT and to shall ••tment rapacity and services. It 1. (iii•nts to tc. eria tnat FIETROIT ne ROME VALLEY IJNO LOCAL UNIT and treetmert dh *...YIS of sdia ra: of the: facilities. hc.a.-a;n VI: is -atari2.2. ehlanoc-: :tewer tne r and a rative trit public heal di, sa'? sty and red 1.....thips that air.. Sir. and p roper Io serve said cila es and tovaiships resb weltaFc Or P COt:i csented that they have s.:ticient it tr as(:itionel flows wh n xi i be ) •y qt !introit ha, to accept and id ..td the ca.e. :ac 1.1...:AL UNITS and wi tLevisfons of Act its County Drain ,imended, each have cacii other to exterd, and cperatc thd sptnion of WAvijT, ring the project sn df the c2unties. and •Rapartment of Public Works, has uHderinal V. prepare of capacitaos and service rights and ises fen the y to adequately serve the LOCAL UNIT:. de p.drions thereof L UNITS are fully air. sod as to the description of the rvice :..nd I gi'cts ,sifJ: to I:Jahce cn:u.t:eet the PROjFCT and to 8 it is neo!-.ssary that WAYNE, 'Ai.:Lits."; and the LOCAL UNITS the •tai health, to be descrip prop a . Fb •• a of the premises and the coveitat of each other, the LAG/IL ',MPS r the public wiishin the area parties t 34 Commissioners Minutes Continued. February 11, 1988 P the constguction of the PROJECT and the providing of servIcLs. of :zd,ht. nd OAKLD, The PROOEI,T sen.va an area ir WAYNE. a"' i e, hy cenetr.dtia:oe.J e desorihed as the FROjiar c:1 ' ii 1 usnd h..:ireJLen, shall consist c..E all of th ,..• -:cs cY:.11•"P, as shown on Exhibit "Er hrWei,. as )\.el aia the ,dai tH al' the MJECT within WAYNE CORiNTY, as idnwr herb, The t•••, a-5:1.Z.W Ls a ,cci hereisafter, shall consist (if all MI:: edst.;)- Tacilit'es allocated c.,,Lacitias of the NiRO).,7.-R0'„F as shown on F.;ihilt "B" r:s-vro, as ;.,Ls the addit i onal iacilities and allocate() c:h the project within Oakland C(L)nty as on Exhibit "C hereto, lhe combined WAYNE aid i,ATLAET SYSTEMS are sometime'. hereinafter :,olle:.tively refer red. to as the SYSTEMS, The term Keni.F !'brem Volley-Rouge Valley Ilastemater Ccintre Sy -tee when used hereinafter shall refer to the SYi'.);sMS plus the Detroit The PROJECT is proposed Sc be constructed as hereinafter provided in three . segments, Such seements and the facilities to !se constructed within each segment are described in IL,ihibit "F" attacheut 3. The parties hereto approve the total estimated cost of the entire PROJECT -, the cost of each segment set out abqe and the allocation of the costs of the PROOECT by percentages and in the estimated dollar amounts, all set -forth in Exhibit "E" hereto. Said estimated costs include or exclude the items desf•-i said Exhibits. 4, It is antcipated by the arties hereto that the PROJE8T to be constructed will qualify for a segmented Fisderal grart in a...c:rdance with the Codi o Feecral 1 .:egulations, Part 40 35,2108 (40 CFR 35,2108). For purposes of financing the PROJECT, it is anticipatj that the PROJECT will he eligible for Federal grants with respect segment 1, .HgEt:nt 2 an:j segment 3 in the amounts as noted on Exhibit ”E..' and all p'. ties horehi agree PROJECT shall be completed as required by the provisions of said 40 CFR 35,2108, as now ot Tera4'.:y In effect. 5. WAYNE and OETR011. will acquire and construct th' Ytions of the PROJECT within their respective jurisdictions, and will cause bids to be tken for such acquisition and construction and will cause contracts to be executed, resolutions adopted and other actions taken noe sorry to finance the PROJECT, The LOCAL UNITS agree to adopt resclutioos and take other actions n.oi.essary to 35 Commissioners Minutes Continued. February 11, 1983 finance tho PRCJECT. 'WAYNE and OAKLAND, with tbe eonsont of all LI -CAL U' 13 ray :;(2reafter ashee, 5y amerment to this Agreement, to substittr •rother public coraor„,.te cht.lto or ;ejency in place of :ounty and to de,egate therete all aJwcrs, duties, and flsniticls oci 01;;ity incated pursuant hereto ec por3uant eo low, no event will any constructiou tents,:t oe cdterec into for 'dye s.cquisition cf any s;.e_,Iecat of the P'lnW:l:f erior tt the sale of aonds eecssarey for the financing of nat seioent of tho PRDJEDT, 6. The P:IlJEOT snel Facilities Plans fihair ooprv• and the Unitod States Eovirormett epolicatiens fcr slrancs and in acquired and- constructed suhsteni. cost estimates to be prepared during construction ,!aich do no PRCJECT, and which do not reoeirs an the final ceti;;:ated cost tne PROJECT, Tay he on the aethivity of WAY NE, Other variations or changes may be mode as approved by k.MNE and by resolutions of the gosero e u 1f LA[} e 2 the LOCAL UNITS etiiected, as nrovidee in penagaph SO hereof. All letters relating to engineering plans and snecificletiors, togetnah with tm maAing and letting' of final cast -arts for acquisition sni, co;sr -ructon of tho PRnjECT, Inc Lsilrovill of the work and :Lateriels tnarefoe, ard ponstructie.a s*arv'sion, shall be under the exclusive control of PAYNE Es to facilities in the WANNE ard under the exclusive cottrcl of DETROIT es to those facilities in DETROIT, 7. The JJC$L JWI 13. . ay of compliance with Section 29, Article VII, Mogan Constitution of l962, acnseri. na6 agree to the ::staYlishilwht ar.d location of the RPOJECT and any extension, improvcmert or enlanjoiint tnereof, witlAn their c,)rperat boundaries and to the iso by WAUE of their streets, high'ib,ys, at lands, rights-of-way or other public places for the purpose end facilities of the 0 0037IC1 aod any imorovement, enlargoment or extension thereof, and. the LOCAL UNITS further ogres that in order to eeidenre end effectuate the foregoin2 agreemcot and consent, they will execute end eeliver to such grants of aEsonent, cight-Df-wey, liornse, permit or consent as may be rewested by :,.stwithstanjing ire'thing herein to the contrary, the parties acknowledge thFetthe. cost th enrchass any one ell intsstis. in land necessary foh this PROJECT are tc- be paid for, as. ;q0JECT coste, from the local share es set forth in Exhibit .E". For the rte r--c • -,.s•AJ--.E::enT,•••oachhi;AYNE and CillOsf,,hD LOCAL UNIT hereby agroos to transmit to the WAYNE ond OAKLAND SYSTEMS respectively, all wastewater collected ;Atkin its respective boundary up to its maio!m amount of contracted: flow, as set forth in Exhibit "C", except as provided in paragrapen 10, at reception points in the SYSTEM designated by WAYNE or OAKLAND, and WAYNE and OAKLAND agree that the SYSTEMS shall accept end dispose- of such wastewater, fer theatient Et DETROIT, After a LOCAL UNIT rcashes its. "Total ''.omtrunity Capacity', said LOCAL UNT.T shall have the riOt. to contract for any additional needeA capacity outside. the service. district. Soie LOCAL UNIT shall retain its obligation to deliver its 'Total COmmtoify Capacity', as cat forth in Exhibit "C', to its respective system (WWF. or OAKLAND). WOE a.rid OAKUM a7eu that all LCUL UPI 15 shall retain- the right to deliver ;;astewater in amounts, as set forth on Exhibit ''C", to the SYSTEMS for tie term of this Agreement, including any extension thereof, so 100!,1 F4' OAKLAND and said LOCAL MITS shall continue to pay amounts specified herein for such service. Neither OAKLAND nor any LOCAL UNIT shall have the right unilaterally to terminate or reduce sho payualts, but if such parties hereto shall breach such oblivatiol, WAYNErshall be authorized to terminate or reduce such delivery rights or to transfer such delivery rights to other public corporations, whether a party hareto or not, su)ject to the provisions of paragraphs 11 and 34. 9. The parties horeto aree that WAYNE will own and be responsible to operate, maintain and admioister the facilities located with the WAYNE SYSTEM, and OAKLAND will own and be responsible to operate, maintain and administer the facilities located Nithin OAKLAND, and DETROIT will own and be respensible to operate, alait.tain and advinister the faciltires within the City of Detroit. OAKLAND and the WAYNE LOCAL OMITS will pay WAYNE the costs of the operation, maintenance and adAnistretion of facilities within WAYNE end the costs charged to WAYNE by DETROIT for the Operation, vaintcnance and administration of facilities located within the City of Detroit. VAYNE and OAKLAND will cause their respective SYSTEMS to be operated, maintained and administored on the 'oasis of sound public utility operational procedure and in comliance with contractual legal obligations applicable thereto. WAYNE and OAKLAND will use their best efforts to ke-m all facilities of their respective SYSTEMS in proper repair and working order. However, NAM'. shall not be ii able to any LOCAL HIT or to (1AKLAHD, or any ibdividual user therein, for ally interrupt.ler in service. WAYNE and OAKLAND will comply with all applicable federal, state and local regulations rcilative to the SYSTEMS' construction, operation and maintenance, 1C., The parties hereto aryee ti”,tr the PROJECT is icpeCiately necessary to preserve and protect the public hod to, The parties further agree., hmever, that the ?ROJECT, is intended to serve the LOCAL UNITS is the Service Area ord not individual users therein, unless hispecial agreement between WAYNE or DAKLAZ and a LOCAL LAT wherein a nser is located. MINE and OAK L AND shall place upon the LOCAL :SNITS the obligation to require conoacition to availalale sewer facilities and, to the extent permitted by Ia'J, to prohibit the acquisition or maintenance within the Service Area of any public sanitary sewe'r or public or private sewage disposal facilities which do not connect to the facilities of their SY5TEMS, except by specific critter; approval of WAYNE and ad;ditTens te the SYSTEM- in accordance with tment of Natural ee:diurces nersin the "MDNR") Inera;n the 'USUA"; end as iescribed in the flehObits aopnived by this Aeipretqt..t. The ',,:l.OJECT shall be in acceirdRnce 0th the finial plans are::d ,::;rOs -oatonc cud sainfttoc Sy the ca.,,tiltinc engineers, tot ehriadons therefrom ;lni.g(jo the 1,cathan, :rapacity: or ol.hErel de sin of the +ewater nip:. delivering ,M11 be responible to operate 36 Commissioners Minutes Continued. February il, 1988 fe the WAYNE SYSTEM cause to be eilltles, and •spOations st T. NATOd. Araa, ,c sorvIce hny-ip OAKLAKfl The reseiirsILThtm shat to t6 coltrary, ro otw - ot L t ;:.oh '-XL.D es well. It, shall do sent to (4 0 ) day: ni:t•• LOCAL UNIT wris.T.en •ai :tten otfer ,o ONII may make- iced, then in a -sigi -TT• party, toe e'IectsT to take up LOCAL sr electing. dyed by WAYNE (and OAKLAND WHe.9 iflVG:V6, as Ali dir respective SYsif.M., oa a i-of ii r a• tHc:- and 0 unds to arce, operate and maii.d,in •,••a-• rureIT from uranss or from the brnie7::-ciat users of the inI - td hTTS. in no eve ht sh-s WAYNE, and isi1ND or their t ti co: cicssei with rd too cos tHring and aomiri.ieria . L'h±, TIT YA'-.iE LOCAL (INITS ino A.L]/, an f the OAKLAND C 0 such ,Taar.Ti !or use ef WAYKE .(STEM all be suffcc-ont 1,:.; • Th; Im•ymont ui "..•' •ci ,ss••cf 0(=..-ca .. • • a&H -y 7 ,:".:.,c the. wAyNE ••s,.. • net oni„, cost ey,periince, au sH -1 ssorwhiy Tost cdri•Te any periou fen which such Rates are andiIed, and Try (karr.:es pale ::Zhsv systams sod provided or such other systems. Putas roa. bc adjusliaT from tie e IT, isMile to msei!: Jr foregoing ccsi-s. Operation and aa.iritisr. d ,. shch nmounts as in the Td.dginT:i.7 of WA/NE. are Kefe..ssary to pay for any losss Is -Erg from the operation auC nai.•:-..anance of tia SYSILM, including repa i r 'asTYNE SYSTEM equirmcf. aciassor ss, or a7TaJrten.n.c.cs nccosary to maintain the c.apis. end lienli:s‘zanc.• for which the i;ere orig nally nesis,nee consiTucted. In thretc.. ij P:Aes shall inclue such amoTnts as etc rbecossarT .0 ay simUar exPenses with rcspe(..I. ta construction of improvements made to the SYSTE.A. The funds obtained by from Rate: only be used for purpose's necessary to the operation, maintenance, adrehistration and repair or replacement of the facilities as originally designed and constructed, 13. OAKLAND and WAYNE L()CAL UNITS shall pay WAY NE monthly in accordance with the Schedule of Rates established by WAYNE. The monthly payments shall be accompanied by a report on forms provided by WAYNE, The payment and the report are due within forty-five (45) days after the month of service. The WAYNE LOCAL UNITS and OAKLAND agree to pay Rates promptly, without reduction, without regard to whether or not charges for the use of the SYSTEMS have been collected from individual users within their respective units, and without re:iacd to any failures of the SYSTEMS. Any such Rates unpaid after forty five days following the monT:. of service shall be subject to a late charge of 1 and i percent for each month or traction 'aereof for which such Rates remain unpaid. The payment of such Rates by the WAYNE LOCAL UNI'-:1 and OAKLAND shall be a. general obligation ct such parties, and WAYNE shall have the right to any method permitted by law for collection of such Rates. 14, Each LOCAL UNIT shall adopt a User Charge system with respect to individual users which complies with the rules and regulations promulgated by WAYNE and the EPA. The User Charge system of each LOCAL UNIT will be based upon the quality of wastewater delivered to the SYSTEMS for Veafmeit, together with surcharges to be applied to individual users whose discharges of specified polio:',ants exceed a specified strength as provided in paragraph 19 hereof, WAYNE shall prepare schedules specifying pollutants and discharges to be subject to surcharge and defining normal loadings with respect to specified pollutants. The LOCAL UNITS recognize that their individual User Charge- system shall be subject to applicable EPA User Charge rules and regulations and shall establish charges to be collected from individual users in amounts sufficient to pay its Rate to WAYNE when due. There is reserved to all LOCAL UNITS the right to fix charges to their individual .users in such amounts as will produce additional moneys which may be used by the LOCAL UNITS for any lawful purpose relating to sewage disposal services rendered by them on behalf of their own( individual sewage disposal systems, OAKLAND shall contract with the OAKLAND LOCAL UNITS to insure s that such OAKLAND LOCAL UNITS abides by the provisions of this paragraph. Commissioners Minutes Continued. February 11, 1:?83 37 1. aeee Oat he sha.11 establie,:,ed e Corisittee C'Cemmitteo" for the eurnos.e oi VI,YNE in effic and aderinirie4 tie HetYl4E Or be.;.',ef--0. of The pert.i..,,s )1-e:-neeo of 8n appeIn•,,, from each LOCAL UNIT, WAYNE and OAKOD 4nd sHetil e, fle 1:ersonne] ed oter funds aF. nev rcr,sonaely e,ei.;; ce,e„ -ts functjers, The Rate Revew L:omirittee t 14-;theut comseton, may be prgiduL Thos ,e Lots nelud.ed in the as.t 0S the administraton of *.= 4,r,yrE ;:e-i a Olole, The Comittee sb!! he ,e tfie boes, records and financial reports ()! if:2 WAYNE SYSTEM, WAYNE shal -.,e .eov31 to the Committee the projecd b-udget fur une iUqNE SYSTEM, seV,:in;; ;n CGmurittee shall request, projected costs of deraeing, maintaIning, ;rld ,JF,v:,.ej of the SYSTC,e Sh6Od a dispute arise. between WAYNE an::: :he Committee to either as o velole or I;, pt, sube shall be submi t':-.ed foe fo -.-oluton to whatever le WNE shall he :-,i/Lhorizeo yy le te deterioaions ze SYSTE WAY:AE shall, p3rt of the cr:ut..ftn 5rd adrie=.streetion et. the an outside eT.ditor to cowluct es: ar,r!ual res,Jlts O Hhe trani-,.iLLe.] to each LUAL UT±T, ane Cttec. Thr orts - elect.; n he :elos=n or ef eel. lc,ss than three f3) conscutve vars, nor 'x.ere . than W co .eseeutv(-. Prior u thi -Uetng se'lectior ere:cess, the Committee will • notified by WAN E and reeestecH to submit Oth'•n thIrty di.10 the names el' a min1•um tfte firms of eutsidc ;'A.Jtrs ere:epteble to and 7.he LOCAL LIAtlSe euditcrs reei,:ii,need. by the Coraitt,ee "Nr: -Heluecd by WAYNE. wit:i °thee- outiCe Eletree's in th to the -.am-4_1 of tbe ok;te:ihe auditoe. !MCI develoe score of ,,.ork :rith re:ect, i-,c) the annual aud;t :/nd shell •Hclue Jy n ai ,! sco'ee of werl', the reasonable reqL!est subs;:tt!ee b ,1 the Committc. WAYN• wi11 then rei.let the qualified outside auditers named by WAYNE and the Committee to srbmit proposals to perform the annuol WAYNE wi/l select a minium cif three (3) oronosa(s from oute auditors whusa names will he submittee to the Committee, and the Committee dill have thirt (30 ) d:vo to rce,ister any abjection to WAYNE with respect to those auditors selected prior to final selection by WNE, 'C. PAYNE shall estadelih eneral rules and regulatie:no to the SYSTEMS consistent with 33 USS 12E1, etc., (the Pceerl Clean later 1,ct) and the UShPA rules eel. regulations . cantrol I ry the cuantity and c,unli tho eiscleer7,e ef tht uncr b th I u .heroifl MAYNE from establiFb;a:j rOes re-gule..eom Moro .:-.;frin;Tent tat twea required by the aferesaid Act, if, in the JuCgmert of WAYNE, stricter dries and regueteons F;sceszary to protect the irter2rity of the SYSTEM-S, Furtnor, OAKLAND and each LOCAL UNIT iQCO to enforce such rules and relilat ccc as WAYNE snull from time to time adopt. 17. Exceiitth esa.lest to those areas within the Servce Area being served et tEe time of the e;cecutior at this Agreement by co.nbined soweTs, which ereas shall be allowed by WAYNE and CAKLA2 to continue. to be revel by oxistih:3 comhined sewage familities, WAYNE and OAKLAND shall prohibit tLi: connection eithor directly or indirectly of storm wa ,Fr sewers to their respective SYSTEMS and shall further probitit and prevent ae nearly as is procti-a .i.le the introduction of storm water into their rssuect.ive SYSTEMS. It shell I:I?. WAYNE'S and OAY.1 .:NJS responsibility to monitor their respec•Cva SYSTEMS to carry out the pronibitier and prevention of the entry of stem waters irtc their respective SYSTEMS. Each LOCAL OUT, by the adoption of the required ordinance, shall demply with WAYNS'S regulations in this reNgard. OAKLAND ‘:4111 .impose similar requirements vlith respect to the OAKLAND LOCAL UNIT. 18. WAY:4E stall have the right to Cony to any LOCAL UNIT or OAKLAND the use of the WAYNE SYSTEM, should such LOCAL UNIT or OAKLARO be delinquent for a period of 90 aavs in payment of 'ray of the charges wher due from it to NAYNE hereunder, such denial to continue until such delinquency ceases. The foreoing shall be accomplished. by WAYNE by any lawful means. 19. Each LOCAL UNIT, and OAKLAND for the OAKLAND LOCAL UNIT, shall be responsible for the character of the wastewater originating within its boundaries, and shall comply with the standards, rifles and regulations controlling discharge of wastowuter to the SYSTEMS, specifically industrial andier cemmercial wastes, as adopted and imposed. b'j DF:10IT and WAYNE. Each LOCAL LIMIT and OAKLAND, by contract or by the adoption of appropriate ordinances, shall enforce such rules and regulations tnd shell provide for and collect appropriate Furcharges. If the character of wastewater transmitted from any LOCAL UNIT or OAKLAND Fnall be such that it imposes an unreasonable additional burden upon the WAYNE SYSTEM, a surcharge over and above the regular Rates shall be established by DETROIT for the receipt of such eischartic or if such discharge cannot be received by the WAYNE SYSTEM, WAYNE may pass en such surcharge or require that such discharge he pretreated before trFrsmissihn to the WAYNE. SYSTEM. It necessary. WAYNE and DETROIT shall have the right for the protection of the WAYNE SYSTEM and the public health or safety, to deny discharge of wastewater to the WAYNE SYSTEM, ant! PAYNE and DETROIT may take all steps necessary to accomplish such denial. 20. WAYNE' and OAKLAND each agree to finance the PROJECT in accordance with any lawful means available to it WAYNE aid OAKLAND each till take the following genera/ stnps: (a) WAYNE will submit to its Commission and OAKLAND will submt to its Board of Commissioners at appropriate times, resclutiors or ordinances providing for thn issuance of bonds necessary to finance the various phases of the PROJECT, and will request th, limited tax full faith and credit of each county be pledged as secondary security for all such financings by each county. After due adoption of the appropriate resolutions or ordinances, WAYNE and OAKLAND each end steps Sc: offecina ahd Nako , ird OAKL,• ••nd .o t C : • ft•:•s •nds 'art this t. app!itbhe regu bc: " ivi this the Me sties furthcr agree lo retain Federal end 'tare it tor acri„'ue ONMS sraII a the Federal ,..:.1 a manner as to r:ce: „a:..ci the applicable 2f1rts to take all actions ons an the bonds and the , ai• here , c: t ;:r 38 Comissioners Minutes Continued, February 11, 1988 uNI.7: hcrhy agre 1 with al state ts Sc be 5110: re.:. •••• a • the cost of the sf in u• , ct.L7lata. ics • • 1 the e,slepticr of I: prssrihci ra -as to finance. its a-eec. to. c: I:.:: •Y:: as are necessary manner. This iu -•ics.d by OAKLAND to ref- by WAYNE in with construction YNE sha"- Lc invfas•L-d.L WAYNE to the extent the accent st ObALi l s I PE will not enter 1 uatil f i nancing is is:i aneieei by OAKLAND and the tions to WAYNE, and the WOE IOCAL will timely use any PROJECT lot.:Let In p:AYNE n,STEM and the ebs•ts ahd expehses accrue to tO or from other sc,t_ons taker ih UNITS of the amount. of sub fees within thirty (30 1 days fri. sh,!. inaneing fees end otter costs end ex/Li 3, credit drhancciteht charges and ot: S costs and other :0: 0505 ir connect: payments. TIAL. UNIT, pursuant to authorization of. Michigan Itw, hereby irrevocably and credit for the prompt a pi timely payment of all of its obligations as reement, Pursuant to such ;:!., if otber tunes are n vailable, ire UAYNE, required to pay such amounts 1 cm any of as a first. budget each year levy- an ad valorem tax on all ths. oebs.s:-, in the W:iYth LOCAL collastiors, will tax s:ter, itt:':ery and ttent of ..,•e) PYNE • met oic,s:'acaual e reful::d to is UNIT from using funds to meet its levy there shall be 'igataions due prior .Pch amount, - LAKLAND i,,.AYVE in ti Sr as are availabe th •• i:',"2„ It is und ,...r .aior ,.tgi:ans to to tr, DETROIT., Asi. '-..,AYNE LOCAL UPI . -ty si 1 WAYL: Li° AL is-ord 1 oehi: e. SAY of its oh ag•.ere.cl that nortion o= of the payments iirencing, WAYNE and expenses, and .rerlit to WAYNE WAYNF may, at its exens ,ea . This percentage with fi.••,ncing, shall be in ii iF fui . in this :MY.T shift he i (Ad sisal 1 amount which, taking into consideration estimated d ient to pay such obligations coming due before t an su(n annual levy, home ,:fl. to be subject to oh•-,• arrati„ SOY. any obligatiohc other func:f. to the ne.;:t fa linfitati,ns„ The .s.2 ,ivice portion of ah -. essly sate end cc ha: re for the purpose bf :n in apf,ci:,ation of which the rmne rintaisee S1::5; 11 constraed to prove: , means and ehods fntbe pus!.loso s agFe ',feat, and if at the t i :ne of mak' Sat aside for the i:.yment llection !--riod, then such annual Lax levy maj ta WAYNE LrCids UNIT may pay in advance any or the v ?morts required to be made by this Agreenii„ ,L which event WAYNE shall credit the appropriate WAYNE LOCAL UNIT ,Aith such advance payment in future -due obligations to the extent of such advanced payment. onal e commissioner's Minutes Continued. February- 11, 1988 39 25. In the event any WAYNE LOCAL UNIT party hereto shall fail for any reason to pay to WAYNE at the times specified herein the amounts required to be paid by the provisions of this Agreement, for Rates or for its share of the costs of the PROJECT, WAYNE shall immediately give notice of such default and the amount thereof, in writing, to the LOCAL UNIT Treasurer, the Wayne County Treasurer, the Treasurer of the State of Michigan and such other officials charged with disbursement to such party of funds returned by the State and now or hereafter under Michigan law available for pledge as provided in this paragraph, and if such default is not corrected within ten (10) days after such notification, the State Treasurer, or other appropriate official charged with disbursements to the party of the aforesaid funds, is, by these presents, specifically authorized' by the party, to the extent permitted by law, to withhold from the aforesaid funds the maximum amount necessary to cure said deficit and to paysaid sums so withheld to WAYNE, to apply on the obligations of the party as herein set forth. - Any such moneys so withheld and paid shall be considered to have been paid to the party within the meaning of the Michigan Constitution and statutes, the purpose of this provision being voluntarily to pledge and authorized the use of said funds owing to the party to meet any past-due obligations of the party due under the provision of Agreement. In addition to the foregoing, ';'AYNE shall have all other rights and remedies provided by law to enforce the obligations of the party to make its payments in the manner and at the times required by this contract, including the right of WAYNE to direct the party to make a tax levy or rate increase to reimburse WAYNE for any funds advanced. No party shall take any action to reduce the right to WAYNE to receive the aforesaid state-returned moneys in the event of default. OAKLAND shall include this same paragraph in its contracts for financing and/or service with the OAKLAND LOCAL UNIT, and OAKLAND hereby guarantees timely payment by the OAKLAND LOCAL UNIT of Rates payable by it to WAYNE through OAKLAND. 26. It is specifically recognized by all WAYNE LOCAL UNITS that any payments required to be made by them pursuant to the terms of paragraph 22 and paragraph 23 of this Agreement may be pledged for and used to pay the principal and interest on bonds or other financing by WAYNE as provided by this Agreement and authorized by law, and said WAYNE LOCAL UNITS covenant and agree that they will make all required payment to WAYNE promptly and at the times specified herein without regard to whether the PROJECT is actually completed or placed in operation. 27. The parties hereto acknowledge that the PROJECT is being designed, the interceptors are being sized and costs and capacities are being allocated pursuant to uniform criteria based on assumptions made and agreed to by all the parties prior to final design. Concurrently wi:tia . construction, local Sever System Evaluation Surveys (SSES) shall be made by each local community as indicated in Exhibit "G" to determine actual cost-effective removal of infiltration/inflow. The LOCAL UNITS shall perform all necessary local system improvements and rehabilitation. Such local system improvements and rehabilitation shall be sufficient to remove infiltration/inflow in conformance with the uniform criteria or that which is cost effective to remove, whichever rate of removal is greater. A preliminary estimate of the cost of local improvements is contained in Exhibit "H". 28. SSES must be prepared for certain additional wastewater improvements not a part of the PROJECT, described herein as Rehabilitation Improvements and set out in Exhibits 'V and and the Rehabilitation Improvements must be constructed in order that the PROJECT be eligible for federal grants. The parties hereto whose wastewater systems are so affected shall prepare such SSES and construct such Rehabilitation Improvements as a part of their own wastewater systems independently of the PROJECT, and the full cost of such work, whether federal grants are available therefore or not, shall be paid by such parties or contractees with such parties, each of its own facilities only. LOCAL UNITS so obligated shall furnish to WAYNE such assurances of SSE$ preparation, necessary construction and payment therefore as may be required to preserve federal grant funds for the Project W,YNE LOCAL UNITS may contract with WAYNE, by agreements separate berefrom or supplementary hereto, for assistance by WAYNE in such construction and the financing thereof, and the financing of such construction may by such other agreements be made a part of Seel:ent 2 or Segment 3 of the PROJECT. All Rehabilitation improvements shall be constructed in ac- cc,rdanee with requirements of the MDNR and USEPA. 2..;. The Allocation of PROJECT Costs Based on Estimated Dollars attached as Exhibit "E" is based upon an estimate of design construction, legal, administration, engineering, right-of-way, pay-back of all Interim Financing (F.I.F.A.) costs and contingency costs (herein BASE COSTS) and said estimate does not include other elements of costs involved in issuing bonds (herein FINANCE COSTS). Also the estimate is based upon a 193 projection of construction costs as the inflation factor. Individual allocations of cost in dollars among the LOCAL UNITS, or to any one of the LOCAL UNITS, may also be affected by cash payments or by capitalized interest requirements of suCh LOCAL UNIT. By this Agreement each LCCAL UNIT has obligated itself to pay its percentage share of the EASE COSTS of the PROJECT as actually determined by construction contract bids, (herein FINAL ESTIMATED COSTS). The addition of the FINANCE COSTS, as applicable and when determined, will be affected by cash payments, capitalized interest and other elections and options available to each LOCAL UNIT, as finally chosen by it. The FINAL ESTNATED COSTS are the amounts each LOCAL UNIT has obigated itself by this Agreement to pay in its allocated percentage as set forth in Exhibit "D". The actua method of financing by both WAYNE and OAKLAND, and the LOCAL UNITS, will be hereafter determined as permittec by law and aa sat forth in contracts or agreements supplementary hereto, vhieh contacts or agreements each LOCAL UNIT and WAYNE and .OAKLAND hereby irrevocably agree to execute, deliver anc carry out hereafter, when necessary, to evidence the obligation of each LOCAL UNIT 40 Commissioners Minutes Continued. February 11, 1988 An 01-.Y.LAND to pet its share sf FINAL. ESTIMATED COSTS and when applira.bTi.:, of FINANCE COSTS. The t'es hereto acifrowledge fint the 11 a..:i i ;r 1 i r. stab sh.Or. ri!Dria shall apply to the fiNinoing and r.xh.st.r.ur.iliet PROjE•. a] .(i,:eLh in this crthtnac. In the event any aAitional capitf2I or cembi'ned seotd improvemen(,s are made in the future, financing of thoie w'll or to wh•ver allocaticn plan the parties may then establish, of amp of the PROJECT Icrated in the WAYNE SYSTEM exceeds contract whether as the result of s o- otherwise, 1-h7.r (without execution of any any supplement agreement) additenal WAYNE of d.n .uthoriz°1 resolution therefore by the ).'J'A AND sorb paymers shall be made to defray such ailaIe from other sources: no such increase or woo.E aoy further construction .The PROJECI or c thereof or incur- dny o the effect ta,“ef,!r weuld be to cause any WNE. SYSTEM t eed by mere than 101- lf, approved, inisss the governing b,:Hy cv rest a rel.:01.04.0n 4proving such in:.('a,,! is not av:_Thhle from other sources) or additional WAYNE financing, both in to be rode by the affected LOCAL UNIT to :r.irfner, that the adoption of such OAKLAND and LOCAL UNIT approving resolon shall not he prior to or as a condition precedent to the additional financing by W!:.YNE, if WAYNE pi;Aous)y authorized or contracted to authorize financing to pay ail or part of the cost of POJTtT in the WAYNE SYSTEM or has let construction bids in accordance with plans for the PROJECT approved, and the additional 'financing is necessary (as determined by WAYNE)tu pay such incres.:d, additional or excess costs as are essential to completion of the PROIECI in the WAYNE SYSTTM or any part tiere::f according to the plans therefore as last approved. The parties obligate) to participate in :1:ch additional financing agree to an increase in the amount of the total payments required in t*is Agreement such as will be sufficient to pay the additipii:...fireng, 31, Any surplus remaining in a PROJECT construction fund during the course of construction of the PROjECT used 'Lc pay costs otter portions of the PROJECT, in the sole discretion of WAYNE but with ..-,,',ciopriate credit to the parties hereto producing such surplus, After completion of the PPECT ens: payment of all costs thereof, apy such surplus furies remaininy, after cash refund to OAKLD, or any LOCAL. UNITS which paid cash, shall be used by WAYNE in its sole discretion for a[y oi th!• hoflowing purposes, to wit: (a) for additional improvements in the WAYNE SYSTEM as requested by a LOCAL UNIT end approved ey WAYNE, or (b) credited toward the next debt service payments due under coy financing arnngement, or (c) purchase of financing instruments on the open market and appropriate credit made on the obligation of each LOCAL UNIT, 32. The obligations and undertakin of each of the parties to this Agreement shall be conditioned on the successful completion cf iThni,ciiig of Segment 1 of the PROJECT within three (3) years from the date of this Agreement, otherwise Agreement shall be considered void and of no force and effect, except that OAKIAND ano the LOCAL . UNITS shall be responsible for all costs incurred related to the PROJECT. Tile parties hereto agree that bonds to finance Segment 1 of the PROJECT shall not be issued until a firm commitment has been received for a federal grant anticipated to pay the eligible costs of Segment I uf the PkOjECT. 33. The parties hereto each recognize th.:t. the holders from time to time of financing instruments issued by WAYNE and OAKL.AND to finance c,..ts of the PROJECT will have contractual rights in this Agreement, and it is, therefore, convenante ,,, and agreed to each of them that so long ,:t5 any of said financinc, instruments shall remain outstanding and unpaid, the provisions of this Agreement sha11 not be subject to any alteration or revision which would tn any manner materially affect either the security thereof or the prompt payment of principal or interest. The right to make changes in this Agreement, by amendment, supplemental contract, or otherwise, is nevertheless reserved insofar as the same do not have such adverse effect and as provided in paragraphs 11 and 29 hereof. The parties hereto further covenant and agree that they will each comply with their respective duties and obligations under the tar/ms of this Agreement 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 duties or obligations or any financing . based thereon. It is hereby declared that the terms of this Agreement, insofar as they pertain to the security of any financing, shall be deemed to be for the benefit of the holders of and financing instruments. 34. No chance in the jurisdiction over territory in any WAYNE LOCAL UNIT shall in any manner impair the obligations of this Agreement. Jr. the event all or any part of the territory of a WAYNE LOCAL UNIT is incorporated as a new city or is annexed to or becomes a part of the territory of another WAYNE LOCAT HUTT tr annther public corporation, the WAYNE LOCAL UNIT or public corporation, into which such Territory is incorporated or to which such territory is annexed, shall assume the proper proportionate share of the contractual obligations and rights in the WAYNE SYSTEM of the WAYNE LOCAL UNIT from such territory 30, if the the FINAL. ESTIMATED FLITS variations c further agree::ent or financing of the same Wayne County Commission) s increased or excess costs, to -idod, however, that no ,t antiunal WAYNE financin cent 1- changes for aeqty ohliptien fs.r or py LOCAL ,.;:41I 'S cost of- en,: pc ,d total FINAL ESTIMATED COSTS t.n OAKLAND and of the affected LOU, or excess and af„;:reeing that roe shall be der:iy2 ,:i by OAKLAND anticipation o( increased Gr aHc• WAYNE or OAKLAW.) in the m;:.r-rr Provieed. Commissioners Minutes Continued. February Ti, 1988 41 is taken and such apublic csrporation shall become a NAYN7 LOCAL UNIT in this Agreement, based upon. . a division determined by wAYNE which shall make such letaiiiination after taking into consideration - all factors necessary- to make the division enuitable, and in addition shall, prior to such determination, receive a. or recommendation as to proper division from a. committee composed of one representative designated by the governing body of the WAYNE LOCAL UNIT from which the territory is taken, one designated by the governing body of the new public corporation or the WAYNE LOCAL UNIT or public corporation annexing such territory, and one appointed by WAYNE. Each WAYNE LOCAL UNIT or public corporation shall appoint its representative within fifteen (15) days after being notified to do so by WAYNE and within a like time WAYNE shall a!:.poi,it the third member. If either WAYNE LOCAL UNIT or corporation shall fail to appoint its representative within the time above provided, then WAYNE may proceed without such recommendation. If the comrdttee shall not make its recommendation within forty-five (45) days after its appointment or within any extension whereof by WAYNE, then WAYNE may proceed without such recommendation. OAKLAND shall make similar provisions with respect to the OAKLAND LOCAL UNIT, 35, This Agreement shall remain in full force and effect for a period of forty (40) years from the date hereof, and may he extended by furtfier agreement of all or sw,e of the parties hereto. In any event, the obligations of the WAYNE LOCAL UNITS to male payments required by any financing pursuant to this Agreement shall be terminated at such time as all the financing is bald in full, together with any deficiency or penalty thereon, but obligations to pay for service pursuant to this Agreement shall continue for the full term hereof or as extended. 36. WAYNE and OAKLAND will require or procure from the contractors undertaking the actual construction of the PROJECT insurance protecting all parties hereto from liability in connection with such construction. The cost of such insurance shall be considered to be a part of the cost - of the PROJECT. 37, This Agreement shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns, 38. Nothing herein shall affect the existing rights or obligations of any other party or municipality already acquired or established by reason of any pre-existing contract. 39. This Agreement shall become effective upon approval by the legslative body of WAYNE, OAKLAND and each WAYNE LOCAL UNIT and when duly executed by the appropriate officer or officers of each WAYNE LOCAL UNIT, WAYNE and OAKLAND. This Agreement may he executed in several counterparts. It is the _understanding of all ..parties. hereto coatall exhibits hereto may be charged to the extent necessary, and as changed attached hereto to carry out the provisions hereof. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date and year first above written. By Its And Its Copy of Exhibits A, B, C, D. E-1, E-2, F, 0, and 1-1 on file in County Clerk's Office. Moved by Hobart supported by Caiandro the resolution be adopted. AYES: Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Aaron, Bishop. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc, 88013 • By Public Services Committee IN RE: CIRCUIT COURT - FUNDING FOR DOMESTIC VIOLENCE SHELTER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Public Act 16 of the Public Acts of 1980, being MCLA 551,331 et seq., and known as the Family Counseling Services Act, was enacted to establish family counseling services; and WHEREAS the Sixth Judicial Circuit Court has established by a Judicial resolution dated February 8, 1980, that the Circuit Court is involved in providing family counseling services to families undergoing the divorce process; and WHEREAS MCLA 651.331 et seq. details the services to be provided by Circuit Court pursuant to the Act; and WHEREAS MCLA 551.332(1) provides that "family counseling services ... shall include domestic violence and child abuse ..,; and WHEREAS the HAVEN, 92 Whittemore Street, Pontiac, Michigan 48053 (hereinafter referred to as the "Shelter') offers unique and necessary services in compliance with the mandate of the Act; and of the Public Counseli and reccAnlien authorized to carry out th foregoing rei:1 Resolution 1) Counseling 'Ad beginning Jan 3) revenues fia. _amounts. of $'3,.( 4) revenues from ic Fiscal Note By Firian(;, Cm IN RE: Cir To the 0:1 - Mr, Chai* rt - Funding for Domestic Violence Shelter (Miscellaneous Resolution #88013) boa rd of Commissioners bdies and Gentlemen: t n Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous ahd finds: nOr the amount of $10,000 are available from the 1987 Circuit Court - Family Doiirstic Violence Shelter. rupriated for operational expenses for the Shelter for the period eeemher 31, 1988. iennial Budget be amended to reflect the anticipated increase in . and evaluation, n S 002 in 1.989, at the! '-5 nnial Budget be amended to reflect the anticipated decrease in ifny counselifT services, Circuit Court - Family Counseling Unit, in the amounts of $10,000 in 1988 and $10,000 ik 5) That the 19E8-1989 Biennial Budget be amended to reflect the anticipated decrease in expenditures for family counseling services, Circuit Court - Family Counseling Unit, in the amounts of $7,000 in snd $7,000 in 1989. 6) "Te 188-1989 Biennial Budget adjustments are to be made as follows: Circuit Court - Family Counseling Unit, in the 0100-311-09-00-2434 Psy. Ch. Test- & Eval. I-2.-10100-311-09-00-2131 Family Counseling Expenditures 4-10100-311-09-00-3352 Family Counseling - Family Counseling Unit is to be reviewed by he Court for the 1989 42 Commissioners Minutes Continued. February 11, 1988 , the Shelter has requested that the Circuit Court provide funding for the ler the Shelter for a period beginning January 1, 1988, and ending December juocal Circuit Court has reviewed the Shelter's request and has fnd ,: in the amount of $10,000; and cent funds available in the 1987 Professional Services line item .se funds having been collected pursuant to Public Act 4 of the 103; and nq funds must be spent for the purposes set forth in the Family to above; and Services Committee has reviewed the proposal submitted by the Shelter of $10,000. Ir RESOLVED that the Chairperson of the Board of Commissioners is hereby contract with the Shelter on behalf of the County of Oakland in order to •this resolution. on behalf of the Public Services Committee, I move the adoption oi the PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson 3-101 $.0-11-09-00-2434 3-10100-311-09-00-2131 Expenditures 4-10100-311-09-00-3362 Psy. Ch. Test & Eval. Family Counseling Family Counseling $ 3,000 (10,000) $(7,000 $ 3,000 (10,000) $(7,000) -0- fiscal year, shortfall in The Circuit Court to propose further amendments which will be necessary in order to avoid the anticipated this unit. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Oaks the resolution, with favorable Fiscal Note attached, be adopted. AYES: Calandra, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A, McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Caddell. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, with favorable Fiscal Note attached, was adopted, Commissioners Minutes Continued, February 11, 1988 8011 By Public :Sedv .:e=ts Ccamibte IN RE: Aniaal Control - ESTASLISH :988 PATES - MD9ICIRALITIE3 MARC) AND CARE CONTRACTS To the Oakland County Board of Commissioners aairerson, Ladies and Gehtleiren -IERE!,'S the Oakland C.,..nty Aniair,1 Control Dilisicm :,dmiiHisters the provisions of P.A. 939 l91 9, as a,ikned (the Doc Law); and WHEREAS tie Contrcl Division renders services to local jurisdictions on Purchase of Service Contracts; and WHEREAS. the Oaklahd County Ptard of CoHmissioers by Misbelltnk-..cos R.:„;o1,2titg, #86347, d2tac: December 11, 1989, established a on t price of $7.18 per day tc be charged for board and care; and NEFWEAS the :IlLklac;d lounty Animal control Division the Department of Management and Bud,c ,st have determined throoc,h a cost analysis that 1:n is fee sou 'd be increased to a unit price Hot to exceed $8.56 per day to be charged for herd and care; and AREAS the government of Did lend Coorty could recover lOn of its costs for such board and care. NOW THEREFORE RE IT RESOLliEU that: the Oakland County Board of Commissioners does hereby establish a unit ;rice not to exceed $8.5E - per day for board and care to be charged to municipalities purchasing service contracts with Oakland County Animal Control Division. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the fornoinc, resolOicn. PUBLIC SERVICES COMMITTEE Richard, D. 1n 11n., Jr., Chairprsen Fiscal Note By Finance Committee IN RE: Animal Control Division - Establish 1988 Rates - Municipalities Board and Care Contracts .(Miscellaneous Resolution #88011) To the Oakland County Board of Commissioners Mr. Chairerson, Ladies Gentlemen: Pursuant to Rule .X1-G. of this Board, the Finance Committee has reviewed Miscellaneous Resolution #88011 and finds: I) A cost analysis has determined that this fee increase would continue to recover 100% of the cost for contracted board and care, consistent with County policy relative to municipality board and care contracts. 2) Current Rate Proposed Rate Salary --TS:MT-- Fringe Benefits 1.13 1.41 Operating 3.03 3.E9 TOTAL CHARGE 17j-T $77.7. (3) The requested contract price has been incordorated in the 1988 revenue budget, therefore the request contains no further finalic.11 implicebtlons to the 1988 budget. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Xuhn supported by Doyon the eaF,solotio, with positive Fiscal Note attached, be adopted. AYES: Crake, Doyen, Gosling, Hobart, Jensen, R. Xuen, Lanni, Law, Lt ,xon, McConnell, A. McPherson, P. McPherson, Mbffin, Oaks, Page, Pernick, Price, Raweld, Skarritt, Aaron, Bishop, Caddell, Calandro. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, with positive Fiscal Note attached, was adopted. Misc. 88012 By Public Services Committee IN RE: ANIMAL CONTROL - 1,.smusd 1988 RATES - MUlICIPALITIES DISPOSAL CONTRACTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of P,A. 339 of 1910 as aoended (the Dog Um); a nd WHEREAS the Animal Control Division renders services to local jurisdictions on Purchase of Se -rice Contracts; and 44 Commissioners Minutes Continued. February 11, 1988 WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution 86348 dated December 11, 1986, established a unit price of $5.73 for disposal of small dead animals and a unit price of $6.94 for live small animals and a unit price of $2.02 for disposal of hoarded animals; and WHEREAS the Oakland County Animal Control Division and the Department of Management and Budget have determined through a cost analysis that these fees should be increased to a unit price not to exceed $6.86 for disposal of small dead animals and a unit price not to exceed $7,84 for live small animals be charged and decrease the unit price not to exceed $1,90 for disposal of boarded animals be charged: and WHEREAS the government of Oakland County would recover 100% of its costs for disposal. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby establish a unit price not to exceed $6.86 for disposal of dead small animals he charged, and a unit price not to exceed $7.84 for disposal of live small animals be charged, and a unit price not to exceed $1.90 for disposal of boarded animals be charged to municipalities purchasing service contracts with the Oakland County Animal Control Division. 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 Fiscal Note By Finance Committee IN RE: Animal Control - Establish 1988 Rates - Municipalities Disposal Contracts (Miscellaneous Resolution #88012) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-O of this Board, the Finance Committee has reviewed Miscellaneous Resolution #88012 and finds: 1)t cost analysis has determined that the rev sod rates would continue to recover 100% of the cost for contracted disposal, consistent with County policy relative to municipality disposal contracts. 2) Dis osal-Live-Not Boarded Current Rate Proposed rate Ca ary $3.02 $3.56 Fringe Benefits 1,13 1.41 Operating 2.79 2.87 TOTAL CHARGE T-674. T7781 _ Disposal-Live-Boarded Operating $2.02 $1.90 TOTAL CHARGE 12.0. 37737 Diposal-Dead Sal a ry $3.02 $3.56 Fringe Benefits 1.13 1.41 Operating 1.58 1.89 TOTAL CHARGE $5.73 17786 3) The requested contract prices have been incorporated in the 1988 revenue budget, therefore the request contains no further implicatons to the 1988 Budget. FINANCE COMMITTEE G. William Cadde11, Chairperson Moved by Richard Kuhn supported by Jensen the resolution, with positive Fiscal Note attached, be adopted. AYES: Doyon, Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Skarritt„ Aaron, Bishop, Calandro, Crake. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, with positive Fiscal Note attached, was adopted. Misc. 88026 By Public Services Committee IN RE: Prosecuting Attorney - APPLICATION FOR 1988 COOPERATIVE REIMBURSEMENT PROGRAM CONTRACT - PROGRAM EXPANSION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, through the Department of Social Services has offered to contract with the County to continue the Prosecutor's Cooperative Reimbursement Agreement for the period January 1, 1988 through December 31, 1988 at the 1987 level of $668,861, of which $515,023 (77%) is State reimbursement and $153,838 (23%) is County match; and WHEREAS under new state guidelines, any additions to the previous year's award is con- sidered a "program expansion" that requires a separate application and changes the match require- ments to 68% State, 32% County; and Commissioners Minutes Continued. February 11, 198E _ • 45 • WHEREAS the Prosecutor's Office desires to apply for a program expansion to cover: • a) Anticipated annual salary and fringe benefits increases for the current 18 full-time em,-.Iloyes, b) Request for one (1) additional Pern-1e9a1 Clerk position, c) Certain operating cost increases; and WHEREAS this application does not obligate the County to any future commitments, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Cor.imissioners author -:zes the 88 Cooperative Reimbursement Program (Title IV-0) Con'xEct Prosecuting Attorrey Program Ex- pansion Application in the amount of $58,144 as specified ir Schedule A. Mr, Chairperson, on behalf of the Public Services Coredtlee, move the adoption of the foregoi:ig res)lution. PURL :t. SERVICES COMMITTEE RiulErd D. K'Ain, Jr., Chairperson Report to Public services Gimmittee By Finance Committee 2'rc,secuting Attorney - Applicat.lor for 1988 Cooperative Reimbursement Program Contract - Program 7.xpansion In acce-dence with Miscellaneous Kasolntion PT61E6, Revi:T,,, Federal and State 4liction and Reimbursement Contract Procedures, the Finance CGOIAi.ee has revieued the zhove refererced pro- gram aplication aid fin,fs: 1) The current 198F Proscutor Cooperative Reimbursenent Contract, located on pace 11 -ir of the 1988 - 1989 Biennial Budget is for $668,861, of which 23% or $153,838 is County match. .2 The propo;ed eApnnsior, for the 19:"iS calender .is $58,144 which will increase the total 15E8 Prosecctor CooperEive Reimbursersent Contract to f727,005. :=) Of the exonsion amount, 32%, or $18,601 a Is County match, this amonnt has been in- cluded in the 1988 - 1989 Biennial Budget. C The expansio - r,:.quests fundig for one (1) additional Para-legal position which was approved by the Board of Commissioners ii. the 1988 - 1989 Biennial fludt,et. 5) Application pr acceptance of these funds Coes not obligate the County to any future commitment. . Mr. Chairperson, on behalf of the _Finance Committee, I move the acceptance of the fore- going . report. Moved by Richard win supported by Aaron the resointion be adopted. AYES: Gosling, Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, A. McPhersun, R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Skarritt, Wilcox, Aaron, Bishop, Caddell Calandro, Crake, Doyon. (24) NAYS: 1451,Q; (('• A sufficient majority having voted therefor, the resolution was adopted. Misc. 88027 By Public Services Committee IN RE: Sheriff's Department - ONE (1) DEPUTY POSITION LAW ErFORCEMENT PATROL SERVICES - VILLAGE OF CLARKSTT1 To the Oakland Cointj f --,oriAssioners Mr. C)airp-arson, L:t!ies and Gentle:Jen: klEREAS it is thE policy cf the Oakland County hoard of Commissioners to per:Tjt_ the Sheriff's Department to enter into contract agreements with townships for the')urpose of Law Enforcement Patrol Services; and WHEREAS the Village 3f Clavtston wishe3 to ,:ter into such an agreement Far one (1) full-time dep.r.,!ty for the .,=.:2rpose of Law Enforcement Patrol Services for fre period March l a 1988 ttrou,h ikrch 31, 1S:83, and - renewable annually thereafter at rates established by this Board. NA THEFORE 1E IT RESOLVU that the Oakland Count y 8oart2 of Commissioners E.cthorizes the Chairparsor of the Eoard and the Cokland Cry.:nty Sheriff to t-nter into an aveement with the iliago 3f Clarkston for one (1) deputy for the purpose of Law Enforcement Patrol Services at the rate of $59,722 for the year ending March 31, 1988, as established by this Board for the period 1, 15C17, thr(egh Mar=h 31 a 198S, in accordance with Miscellaneous Resolution - V86038, adopted F.:(3rnary 27, 198C, consistent. with the tern,s of the ii';."hcd agr-,otrient. Mr. Chairperson, 09 benalf of the PuThc Service ComOttee, I rove the adoption of the foregoir9 resolutior.- PUBLIC SDv10ES COMWTTEE Richard r. Kuhn, J^., Chairperson FINANCE COMMITTEE G. yliliaw Ca6Cell, Chairperson Moved by RicharC Kiln suppoP -::eti ty Skarritt the rolut .:on he a.dai?ted. Moved by R. Kuhn supported by Skarritt the resolution be referred back to the Public 46 Commissioners Minutes Continued. February 11, 1988 Services Committee. A sufficient majority having voted therefor, the motion carried and the resolution was referred back to the Public Services Committee. Misc, 88028 By General Government Committee IN RE: HOUSE BILL 5006 (SUPPORT) ESTABLISHING A PRE-EMPLOYMENT AND DRUG TESTING REGULATION ACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS three bills, proposing an employee drug/chemical testing regulation act, have been introduced to date in the 1987/88 session of the State Legislature; and WHEREAS while some subcommittee work has been done on this proposed legislative concept, mne of the three bills has moved from its original committee; and WHEREAS the County Executive's Office was asked to review and evaluate House Bills 4815 and 5006 and Senate Bill 407 and to make a recommendation; and WHEREAS the County Executive's study concluded that House Bill 4815 had several shortcomings including elimination of pre-employment testing and the requirement that the county would be liable for all costs - testing, confirmation, second confirmation if requested, counseling, rehabilitation and even travel costs; and WHEREAS while Senate Bill 407 was found to be better than House Bill 4815, the Senate bill also had its shortcomings, mainly because of vague language on testing in four sections of the bill; and WHEREAS House Bill 5006 was found to conform almost entirely with the county's-present drug testing policy and the County Executive recommends support of this bill in its current form. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports House Bill 5006 as introduced. BE IT FURTHER RESOLVED that copies of this resolution he sent to all State Legislators from Oakland County and to the county's Legislative Agent. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Gosling the resolution be adopted. AYES: Hobart, Jensen, R. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandro, Crake, Doyon, Gosling. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 88029 By Commissioners Marilynn E. Gosling, and Lawrence R. Pernick IN RE: SEMCOG 20th ANNIVERSARY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS recollection of the 1960's brings to mind the many changes which were taking place in our Nation; some were lively protests to bre ties with past practices, others cr quiet, studied undertakings to plan for the future; aid or local government the time mv separatism was past - individual communities could no longer eXit in isolation - technology and urbanization had arrived; and WHEREAS the Oakland County Board of Commissioners, recognizing the need for a broad planning process and a unified regional voice with which to speak to the Federal Government, joined in the Metropolitan Fund, Inc. study to determine how best to create such a forum; and WHEREAS Oakland County is proud of its participation from the inception of the Metropolitan Fund Study, through the Committee of One Hundred, to the formation of the Southeast Michigan Council of Governments, and is prouder still of having one of its Supervisors, William "Larry" Mainland, elected to lead the original 103 local units of government, as the first Chairperson of SEMCOG; and WHEREAS the accomplishments of SEMCOG, through the dedication of its members and staff over the past twenty years gives us further reason to be proud of our initial support in the formation of this Council and our continuing commitment to its future. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby proclaim commendation to the Southeast Michigan Council of Governments and its staff, on the occasion of its 20th Anniversary, for its outstanding efforts on behalf of the entire seven-county region it represents. Mr. Chairperson, we move the adoption of the forecoing resolution. Marilynn E. Gosling, Commissioner Dist. #14 Lawrence P. Pernick, Commissioner Dist. #20 Commissioners Minutes Continued. February 11, 1988 Moved by Gosling supported by Moffitt the riles be suser,':oded for ilmacte consideration of the resolution. AYES: Jensen, R. 6.ihn, Lanni, Law, Luxon, McConnell, McDonald, A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Price, Rewold, Skarritt, Wilcox, Aaron, Bishop, Caddell, Calandra, Crake, Doyon, Gosling, Hobart. (25) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carrie6. Moved by Moffitt supported by Gosling a unanimous ballot be cast for the resolution, A sufficient majority having voted therefor, the resolution was unanimously adopted. Misc. 88030 By Commissioner David L. Moflitt IN RE: COST ANALYSIS STUDY OF INCREASED WET WELL CAPACITY - WALNUT LAKE PUMPING STATION NO, 2 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Natural Resources has made public a study it has completed on the Walnut Lake Pumping Station No. 4 and WHEREAS the Michigan Department of Natural Resources' report indicates that this facility's storage capacity of 6,000 gallons should be increased to 50,000 - 75,000 gallons; and WHEREAS the Oakland County Department of Public Works has responded to the Michigan Department of Natural Resources report recommending against such increase in capacity, maintaining that the enhancements made to the pumping station obviates any need for additional storage capacity, and estimates that the cost for the additional 50,000 - 75,000 gallon capacity would be $225,000 - $300,000; and WHEREAS the divergence of opinion of these two credible sources requires additional study and analysis. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby directs its Director of Program Evaluation & Operations Analysis to conduct an in-depth review of the costs, benefits and needs contained in these two reports, and present his finding and recommendations to the Oakland County Board of Commissioners Planning and Building Committee. Mr. Chairperson, I move the adoption of the foregoing resolution. David L. Moffitt, Commissioner Dist. #15 Thomas A. Law, Commissioner Dist. #26 The Chairperson referred the resolution to the Planning and Building Committee and the Health and Human Services Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: . GENERAL GOVERNMENT a. Birmingham-Legislation to Eliminate the Alleged Liability of Local Units - To Pay to a School District Interest Which May Have Been Earned by Local Units of Government on Taxes Collected for School Districts Prior to June b. AAA-1-B Senior Appointment c. Arenac County - Federal Funding - Right to Know d, Branch - Support Capital Punishment Referendw e. Lake County-(Support) Four Year Commissioner Terms to Alleviate Threat to County Stability f. Iron County-(Support) SB581, Lottery Surtax g. Iron County-(Support) 581840, Targeted Revenue Assistance h. Iron County-(Support) Equity in Financial Aid to All Counties i. Iron County-(Support) 8612-622, User Fees j, Tuscola County-State Guarantee of Health and Safety Fund Levels k. Lake County-(Oppose) S(1612-622, User Fees PLANNING AND BUILDING a. Iron County-State Plan for Solid Waste PUBLIC SERVICES a, Birmingham -Opposition to Emergency Room Closing at William Beaumont Hospital-Royal Oak b. Ceta-83 CTA-22, Extension to 1/22/88 c. CETA Audit Report No. 05-3-209-03-345 TRANSPORTATION a. Infrastructure Workshop for Local Officials b. Semta - US Dot-Grant Funds OTHERS Management & Budget a. Southfield-REDICO, Inc. - Transfer a Commercial Exemption Certificate b. Equalization-Industrial Facilities Exemption-Ellen Road-Lake Orion LYNN D. ALLEN Clerk ROY REWOLD Chairperson 48 Commissioners Minutes Continued. February 11, 1988 There were no objections to the referrals. The Chairperson announced the next meeting of the Board will be February 25, 1988 at 9:30 A.M. The Board adjourned at 10:28 A.M.