HomeMy WebLinkAboutMinutes - 1988.09.22 - 7220LAND COUNTY
Bac /,% Of Commissioners
MEETING
September 22, 1988
Meeting called to order by Chairperson Roy Rewold at 9:37 A.M. in the Courthouse
Auditorium, 1200 N. Telegraph Road, Pontiac, MI 48053.
Roll called.
PRESENT: Aaron, Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, Richard
Kuhn. Susan Kuhn, Lanni, Law, Luxon, McDonald, Angus McPherson, Ruel McPherson, Moffitt, Page,
Pernick, Price, Rewold, Rowland, Skarritt, Wilcox. (75)
ABSENT: McConnell, Oaks. (2)
Quorum present.
Invocation given by Commissioner Robert W. Page.
Pledge of Allegiance to the Flag.
Moved by Pernick supported by Crake the minutes of the September 8, 1988 meeting be
approved as printed.
A sufficient majority having voted therefor, the motion carried.
Moved by Crake supported by Pernick the Rules be suspended and the agenda amended to add
the following to items already on the agenda:
FINANCE
b. Solid Waste - Professional Services Contract for Appraisal of SOCIA Site and Facility,
Review and Evaluation of Retrofit/New Plant Comparison (Waive Rule XI-Procedure to
bring matters before the Board. This Resolution was not reviewed by the liaison com-
mittee, Planning and Building)
PLANNING AND BUILDING
k. Res. #88227, Corporation Counsel, Real Estate - Sale of Vacant Property, Pontiac
(Waive Rule XI-Procedure to bring matters before the Board.)
PUBLIC SERVICES
e, Res. #88174, Public Services - District Court Probation, Garden Project
(Waive Rule XI (c). Out of sequence in Committee process)
HEALTH AND HUMAN SERVICES
,d. Res.—WT.32bl, Community Mental Health - Revenue Enhancement (County-Operated Program
Expansion) (Waive Rule XI - Procedure to bring matters before the Board)
AYES: Caddell, Calandro, Crake, Doyon, Gosling, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon,
A. McPherson, R. McPherson, Moffitt, Page, Pernick, Price, Rewold, Rowland, Skarritt, Aaron, Bishop.
(21)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the rules carried and
the agenda, as amended, was approved.
319
Clerk read letter from Chairperson Roy Rewold announcing the appointment of Thomas Law and
Kenneth McConnell as Board of Commissioners' representatives to the $10,000-$50,000 Review Panel.
320
Commissioners Minutes Continued. September 22, 1988
Also, the appointment of Commissioner Thomas Law and Mr. McConnell, along with Commissioner
Dr. G. William Caddell to sit on the $50,000 and above Review Panel.
A sufficient majority having voted therefor, the appointments were confirmed.
Clerk read letter of thanks from Gail J. McPherson. (Received and Filed)
John King addressed the Board.
Misc. 88236
By Finance Committee
IN RE: Computer Services Department - 1988 SECOND QUARTER DATA PROCESSING DEVELOPMENT APPROPRIATION
TRANSFER
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS all data processing development cost is incorporated as a single appropriation
within the Computer Services Department Budget and then an amount equal to the actual expense is
transferred to the user department on a quarterly basis with a summary report to the Finance
Committee; and
WHEREAS the Oakland County Computer Services Department has determined the 1988 Second
Quarter data processing development charges in the amount of $417,436 for the budgeted County
departments; and
WHEREAS these development charges are for programs which are in conformance with the
guidelines set forth by the Computer User Advisory Committee and the Computer Center master plan
approved by the Finance Committee; and
WHEREAS an appropriation transfer to budgeted County departments is needed to fund these
development charges.
NOW THEREFORE BE IT RESOLVED the Finance Committee has reviewed the 1988 Second Quarter
Data Processing Development for user departments and finds $417,436 from the 1988 Data Processing
Development budget and transfers said funds to the appropriate user departments consistent with the
attached schedule.
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 Susan Kuhn the resolution be adopted.
AYES: Calandra, Crake, Doyen, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon,
A. McPherson, R. McPherson, Moffitt, Page, Rewold, Rowland, Skarritt, Aaron, Bishop, Caddell. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88237
By Finance Committee
IN RE: SOLID WASTE - PROFESSIONAL SERVICES CONTRACT FOR APPRAISAL OF SOCIA SITE AND FACILITY,
REVIEW AND EVALUATION OF THEIR RETROFIT PROGRAM AND NEW PLANT COMPARISON
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners has established a Solid Waste Task Force
and has undertaken a county-wide Solid Waste Disposal Implementation Program; and
WHEREAS the South Oakland County Incinerator Authority Board has indicated an interest in
becoming a part of the county program; and
WHEREAS the SOCIA facility is presently inoperable pending a retrofitting program which
will enable it to meet the current clean air requirements and EPA standards; and
WHEREAS negotiations with SOCIA will require an independent appraisal of the SOCIA site
and facility, an expert evaluation of the effectiveness of their retrofit proposal and a comparative
analysis of a new plant versus the modification of the existing facility; and
WHEREAS the SOCIA Board must make a decision within sixty days and there are relatively
few firms with the required expertise which would be available within the time frame.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the
solicitation of proposals from qualified firms for an appraisal of the SOCIA site and facility, and
evaluation of the effectiveness of their retrofit proposal for the existing SOCIA plant and a
comparative analysis of a new plant versus the existing plant with the proposed modifications.
BE IT FURTHER RESOLVED that the Board authorizes the use of a sum not to exceed $100,0n 1
from the 1988 solid waste professional services line item.
BE IT FURTHER RESOLVED that the Board authorizes the Chairperson of the Board to en),
into a contract with the firm whose proposal is determined to best satisfy these proposal
requirements.
Commissioners Minutes Continued. September 22, 1988 321
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.
Moved by Caddell supported by CrakP that the resolution be amended in the
last "BE IT FURTHER RESOLVED" paragraph to read as follows: "BE IT FURTHER RESOLVED that the Board
authorizes the Chairperson of the Board and the County Executive to enter into a contract with the
firm whose proposal is determined to best satisfy these proposal requirements."
AYES: Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon,
A. McPherson, R. McPherson, Moffitt, Page, Rewold, Rowland, Skarritt, Aaron, Bishop, Caddell. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn,. S. Kuhn, Lanni, Luxon, A. McPherson,
R. McPherson, Moffitt, Rewold„ Rowland, Skarritt, Aaron, Bishop, Caddell, Calandro. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 88238
By Finance Committee
IN RE: Equalization Division - REQUEST FOR ADDITIONAL EQUALIZATION APPRAISER I - CERTIFIED POSITION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS real and personal property assessing has increased in volume and complexity; and
WHEREAS as a result, local jOrisdictions have been unable to attract and retain qualified
appraisers; and
WHEREAS local jurisdictions have been encouraged to contract with the County for
assessing; and
WHEREAS the City of Birmingham has a service contract to assist the assessor in the
preparation of the assessment roll for real property totaling approximately 8,800 parcels; and
WHEREAS the City of Clawson has signed a contract for assessing 5,300 parcels and a
Reappraisal of Commercial Real Property totaling approximately 326 improved parcels; and
WHEREAS this significant workload increase requires the assignment of an additional
Equalization Appraiser I-Certified; and
WHEREAS the additional Equalization Appraiser I-Certified position will increase the 1988
Equalization Division Budget by $10,950 for salary, fringe benefits and operating; and an annual
cost of $31,527;.and
WHEREAS the revenue from the Cities of Birmingham and Clawson assessment contracts will be
recognized in the 1988 and 1989 Budget.
NOW THEREFORE BE IT RESOLVED that one (1) Equalization Appraiser I-Certified position be
created in the Equalization Division of the Management and Budget Department and that continuation
of the position is contingent upon continuation of the current level of assessment contracts.
BE IT FURTHER RESOLVED that the 1988/1989 Budget he amended as follows:
Revenue 1988 1989
3-1010n-125-D1-00-2510 Reimb. Equal. Serv. $37777
$1-0,556 T717527
Expenses
4-10100-125-01-00-1001 Salaries $ 7,648 $22,178
4-10100-125-01-00-2070 Fringe Benefits 3,052 8,849
4-10100-125-01-00-3574 Personal Mileage 250 500
$10,950 $31,527
-0- $ -0-
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
G., William Caddell, Chairperson
Report
By Personnel Committee
To Finance Committee
IN RE: Equalization Division - Request for an Additional Equalization Appraiser I - Certified
Position
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution, reports with the
ATTORNEY CLASSIFICATION
of qualified Research Law Clerk staff has been an
that the
information
322 Commissioners Minutes Continued. September 22, 1988
recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Personnel Committee, I hereby submit the foregoing
report.
PERSONNEL COMMITTEE
John P. Calandra Chairperson
Moved by Caddell supported by Richard Kuhn the Personnel Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Caddell supported by Bishop the resolution be adopted.
AYES: Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, A. McPherson,
R. McPherson, Moffitt, Page, Pernict, Rewold, Rowland, Starritt, Aaron-, Bishop., Caddell, Calandro,
Crake. (21)
NAYS: None. (0)
A sufficient_ majority having voted therefor,. the: resolution was adopted ..
Report
By Finance Committee
IN RE: SETTING OF PUBLIC HEARING ON 1988 TAX RATES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee hereby recommends that the Board of Commissioners set a date for . a
Public hearing on the 1988 tax rates for Thursday, October 13, 1968, at 10:00 am.
Mr. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing
report.
FINANCE COMMITTEE
G, William Caddell, Chairperson
Moved by Caddell supported by Gosling the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
The Chairperson stated a Public Hearing would be held on October 13, 1988 at 10:00 A.M.
There were no objections.
Misc. 88239
By Personnel Committee
IN RE: Circuit Court - ESTABLISHMENT OF RESEARCH
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the retention and attraction
increasing concern of the Circuit Court; and
WHEREAS part of the Salary Administration
request by the Circuit Court to place the Research
plan; and
WHEREAS the Personnel Department has reviewed this request and finds
classification is appropriately placed as an exception to salary grade placement; and
WHEREAS a recent study of Research Law Clerks and review of relevant salary
both show that a new classification at a higher salary range is warranted;
NOW THEREFORE BE IT RESOLVED that a new classification of Research
exception to salary grade placement at the following new salary range:
Base 1 Year 2 Year 3 Year
30-77-n 31,299 33,128 34,966
BE IT FURTHER RESOLVED that current Research Law Clerks who have been admitted to the
State Bar be reclassified to the Research Attorney classification;
BE IT FURTHER RESOLVED that current Research Law Clerks be placed on the salary range
based on an equivalent experience within or outside of the County, but no higher than the two year
step.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resolution.
PERSONNEL COMMITTEE
John P. 'Calandra Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Second Quarterly Report for 1988 contained a
Law Clerk classification on the salary grade
Attorney be established
as an
Commissioners Minutes Continued, September 22, 1988 323
Misc. 8.2.!4::
Coarritee
IN Economic Deve/opmentiEconomic Development - CREATION OF PART-TIME LOAN AND
To tr.c S cd. of Comissioners
Mr. G.a.:ersn, tent!emen
[pan and Finance Officer provides services to qualifying businesses
to assist them :T oUtsginIq leans th;'c, the County's Small Business Administration (SEA) 504 loan
- program; and
WHEREAS an inerai,e ih the volume of loans and an expanding loan portfolio have prevented
effective an:f! efficient del:,fe-y of services; and
8145 2 E45 the lack of available staff time has negatively impacted the ability to close
loans on a ti:.1 :r.ly basis and has resulted in a delay in the collection of fees for services; and
the ability to expand loan marketing efforts would enable the division to capture
greater re's generated 1?:-.om client fees; and
t!2, proposes the creation of a part-time position to balance the workload
and meet_ (iemand aryic vs,
P.4,_rFniE BE IT RESOLVED to create one (1) part-time eligible, 3/5 funded,
governmentaj Leon•;:rd. Finance Officer position in the Economic Development. Division of Community and
Economic Decal ce rise ..
Mc. :_cwirrson, on behalf of the Personnel Committee, I move the adoption of the
foreoirig resolution.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
The Chairperson referred the resolution to the Finance Committee and the Public
Services Committee. There were no objection.
Misc. 882.1
By Peronnr.1 (_ummittee
IN RE Department. - Amendment to Miscellaneous Resolution #88210 - Creation of Sixty-One
.(61) Sheri ...r :'rsitions for Staffing of the •South Jail . Addition
To the OakIa•rri County Beard of Commissioners
Mr. Chairpe-snn. Ladies and Gentlemen:
WhEAS on August 18. 1988, Miscellaneous Resolution #88210 .created a position of
Secretary. II in Division 01-Unit. 433 of the Sheriff's Department, which should Lave read Secretary
NOW THEREFORE BE IT RESOLVED that of the sixty-one positions created in Miscellaneous
Resolution 88210, the position entitled • Secretary II in Division 01-Unit 433 be established as a
Secretary I.
BE IT FURTHER RESOLVED that any resolution, or parts of resolutions, in conflict herewith
are hereby rescinded.
Mr. Chairperson, on behalf of the Personnel Committee, I move adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
John P. Calandra Chairperson
Moved by CaIandro supported by Jensen the resolution be adopted.
AYES: - Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, A. McPherson, R. McPherson,
Moffitt, Paye, Pernick, Ret.mild, Rowland, Skarritt, Aaron, Bishop, Caddell, Calandro, Crake, Doyon,
Gosling. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 68242
By Planning and Building Committee
IN RE Drain Commissioner - RESOLUTION TO APPROVE OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS FOR ROCHESTER HILLS - 1988 EXTENSIONS CONTRACT
To the DakLr t County Board of Commissioners
Mr. Chairperscn, Ladies and Gentlemen:
0:_1EAS the County of Oakland (the "County') has established, constructed and acquired the
Oakland Count' Water Supply and Sewage Disposal Systems for Avon Township pursuant to the provisions
of Act No, Public Acts of Michigan. 1957, as amended ('Act 185"), and pursuant to the Contract
Oakland County Water Supply and Sewage Disposal Systems for Avon Township, dated as of November 1,
1968; and
WHEREAS the Township of Avon has been incorporated as the City of Rochester Hills (the
"City") and the Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now
known as the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the
324
Commissioners Minutes Continued. September 22, 1988
(the °System"); and
WHEREAS it is necessary to improve, enlarge and extend the System by the acquisition and -
construction of the hereinafter described water supply and sewage disposal facilities; and
WHEREAS by the terms of Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"),
the County and the City are authorized to enter into a contract for the acquisition, construction'
and financing of the Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills -
1988 Extensions (the "1988 Extensions") consisting of water supply and sewage disposal facilities to
serve the City and for the payment of the cost thereof by the City, with interest, and the County is
then authorized to issue its bonds to provide the funds necessary therefor; and
WHEREAS there has been submitted to this Board of Commissioners a proposed contract
between the County, by and through the County Drain Commissioner, County Agency, party of the first
part, and the City; party of the second part (the "Contract"), which Contract provides for the
acquisition, construction and financing of the 1988 Extensions and which Contract is hereinafter set
forth in full; and
WHEREAS there also have been submitted for approval and adoption by this Board of
Commissioners, preliminary plans and specifications and estimates of the cost and period of
usefulness of the 1988 Extensions; and
WHEREAS the Contract provides for the issuance of bonds by the County to defray part of
the cost of the 1988 Extensions, said bonds to be secured by the contractual obligations of the City
to pay to the County amounts sufficient to pay the principal of and interest on the bonds and to pay
such paying agent fees and other expenses as may be incurred on account of the bonds; and
WHEREAS the City Council of the City Rochester Hills has requested the County to use
certain surplus bond proceeds to defray part of the cost of the 1988 Extensions; and
WHEREAS this Board of Commissioners desires to proceed with the establishment of 1988
Extensions, the approval and execution of the Contract to acquire, construct and finance the 1988
Extensions as provided in the Contract and the approval of the use of surplus bond proceeds to
defray part of the cost of the 1988 Extensions.
THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners
hereby authorizes and directs that there be established, and there hereby is established, under and
pursuant to Act 342, a system of water supply and sewage disposal facilities to be known as the
'Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - 1988 Extensions" (the
"1988 Extensions"), which shall consist of water supply and sewage disposal facilities, as specified
and to be located as shown in Exhibit A to the Contract; that the 1988 Extensions shall serve the
City; that the Oakland County Drain Commissioner is designated and appointed as the "County Agency:
for the 1988 Extensions; that the County Agency shall have all the powers and duties with respect tt
the 1988 Extensions as are provided by law and especially by Act 342; and that all obligations
incurred by the County Agency with respect to the 1988 Extensions, unless otherwise authorized by
this Board of Commissioners, shall be payable .solely from funds derived from the City as hereinafter
provided.
2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The
preliminary plans and specifications for the 1988 Extensions and the estimates of $1g,100,000 as the
cost thereof and of 40 years and upwards as the period of usefulness thereof, as submitted to this
Board of Commissioners, are approved and adopted.
3. APPROVAL OF CONTRACT. The Oakland County Water Supply and Sewage Disposal Systems for
Rochester Hills 1988 Extensions Contract, dated as of September 1, 1988,. between the County, by and
through the County Drain Commissioner, party of the first part, and the City, party of the second
part, which Contract has been submitted to this Board of Commissioners, is approved and adopted, and
the County Drain Commissioner is authorized and directed to execute and deliver the same for and on
behalf of the County, in as many counterparts as may be deemed advisable, after the Contract has
been executed by the appropriate officials of the City. The Contract reads as follows:
OAKLAND COUNTY WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ROCHESTER HILLS
1988 EXTENSIONS CONTRACT
THIS CONTRACT, made and entered into as of the first day of September, 1988 by and between
the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred
to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part,
and the CITY OF ROCHESTER HILLS, a city located in the County (hereinafter sometimes referred to as
the "City"), party of the second part.
WITNESSET H:
WHEREAS the County heretofore has estF,Elished, constructed and acquired the Oakland County
Water Supply and Sewage Disposal Systems for Avon Township pursuant to the provisions of Act No.
185, Public Acts of Michigan, 1957, as amended, and pursuant to the Contract Oakland County Water
Supply and Sewage Disposal Systems for Avon Township, dated November 1, 1968; and
WHEREAS the Township of Avon has been incorporated as the City of Rochester Hills and the
Oakland County Water Supply and Sewage Disposal Systems for Avon Township are now known as the
Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills (the "System") and it is
necessary to improve, enlarge and extend the System by the acquisition and construction of th
hereinafter described water supply and sewage disposal facilities; and
Commissioners Minutes Continued. September 22, 1988 325
WHEREAS, pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter
sometimes referred to as "Act 342"), the Board of Commissioners of the county, by majority vote of
its members-elect, has authorized and directed that there be established a County system of water
supply and sewage disposal improvements and services to serve the City, said system to be known as
the "Oakland County Water Supply and Sewage Disposal Systems for Rochester Hills - 1988 Extensions'
(hereinafter sometimes referred to as the "1988 Extensions"), and has desicnated the Oakland County
Drain Commissioner as tke County Agency for the system with all powers and duties with respect
thereto as are provided by Act 342 (said Drain Commissioner being hereinafter sometimes referred to
as the "County Agency"); and
WHEREAS, under and subject to the terms of Act 342, the County is authorized, through the
County Agency, to acquire and construct the water supply and sewage disposal facilities hereinafter
described as constituting the 1988 Extensions, the County and the City are authorized to enter into
a contract for the acquisition and construction of the 1988 Extensions by the County and for
financing all or part of the cost thereof by the issuance of bonds by the County secured by the
pledge of the full faith and cnadit of the City to pay such cost with interest to the County in
installments extending over a period not exceeding forty (40) years and the County is authorized to
issue such bones and to pledge its full faith and credit for the payment of such bonds and the
interest thereon; and
WHEREAS there is an urgent need for such water supply and sewage disposal facilities to
provide water supply and sewage disposal services to areas of the City not presently served and thus
to promote the health and welfare of the residents thereof, which facilities would likewise benefit
the County and its residents, and the parties hereto have concluded that such facilities can be
provided and financed most economically and efficiently by the County through the exercise of the
powers conferred by Act 342, and especially Sections 5a, 51 and 5c thereof; and
WHEREAS preliminary plans for the 1988 Extensions and estimates of the cost and the period
of usefulness of the 1588 Extensions have been prepared by Hubbell, Roth & Clark, Inc. (hereinafter
sometimes referred to as the consulting engineers) and have been submitted to end approved by the
Board of Commissioners of the County and the Council of the City and placed on file in the office of
the County Agency, said estimates being set forth in Exhibit B hereunto attached; and
WHEREAS in order to provide for the acquisition and construction of the 1988 Extensions by
the County and the financing of the cost thereof by the issuance of County bonds, and for other
related matters, it is necessary for the parties hereto to enter into this contract.
THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. The parties hereto hereby approve and agree to the establishment, acquisition,
construction and financing of the Oakland County Water Supply and Sewage Disposal Systems for
Rochester Hills - 1988 Extensions, as herein provided, under and pursuant to Act 342. The City, by
way of compliance with Section 25, Article VII, Michigan Constitution of 1963, consents and agrees
to the establishment and location of the 1988 Extensions within its corporate boundaries and to the
use by the County of its streets, highways, alleys, lands, rights-of-way or other public places for
the purpose and facilities of the 1988 Extensions and any improvements, enlargements and extensions
thereof, and the City further agrees that, in order to evidence and effectuate the foregoing
agreement and consent, it will execute and deliver to the County such grants of easements,
right-of-way, license, permit or consent as may be requested by the County.
2. The 1988 Extensions shall consist of the water supply and sewage disposal facilities
shown and described on Exhibit A which is hereunto attached and which is hereby made a part hereof,
and as are more particularly set forth in the preliminary plans which have been prepared and
submitted by the consulting engineers which plans are on file with the County Agency and are hereby
approved and adopted. The 1588 Extensions shall be acquired and constructed substantially in
accordance with the said preliminary plans and in accordance with final plans and specifications to
be prepared and submitted by the consulting engineers, but variations therefrom which do not
materially change the location, capacity or overall design of the 1988 Extensions, and which do not
require an increase in the total estimated cost of the 1988 Extensions, may be permitted on the
authority of the County Agency. Other variations or changes may be made if approved by the County
Agency and by resolution of the City Ccuncil and if provisions required by paragraph 8 hereof are
made for payment or financing of any resulting increase in the total estimated cost. The estimate
of cost of the 1988 Extensions and the estimate of period of usefulness thereof as set forth in
Exhibit B are hereby approved and adopted.
3. The County Agency shall take or cause to be taken all actions required or necessary,
in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more
series, in whatever aggregate principal amount is necessary to defray that part of the total cost of
the 1938 Extensions which is in excess of funds available from other sources. Such bonds shall be
issued in anticipation of, and be payable primarily from, the payments to be made by the City to the
County as provided in this contract and shall be secured secondarily, if so voted by the Board of
Commissioners of the County, by the pledge of the full faith and credit of tie County, and the said
bonds shall be payable in annual maturities the last of which shall be not more than forty years
from the date thereof.
4. The County Agency shall proceed to take construction bids for the 1988 Extensions and,
subject to the sale and delivery of said bonds, enter into construction contracts with the lowest
326 Commissioners Minutes Continued, September 22, 1988
responsive and responsible bidder or bidders, procure from the contractors all necessary and proper
bonds and insurance, cause the 1988 Extensions to be constructed within a reasonable time and do all
other things required by this contract and the laws of the State of Michigan and the United States
of America. All certificates for required payments to contractors shall be approved by the
consulting engineers before presentation to the County Agency and the latter shall be entitled to
rely on such approval in making payment. It is understood that the 1988 Extensions will be
constructed in phases and, therefore, the entire project will not be completed at one time. The
County Agency after consultation with the City shall determine the order of construction of the
facilities constituting the 1988 Extensions.
The County agrees that it will secure, or cause to be secured, and maintained during the
period of construction adequate property damage and public liability insurance covering all
facilities to be constructed pursuant to this contract. All policies and memorandums of insurance
shall provide thEt the County and the City shall be insured parties thereunder and shall contain a
provision requiring that the City be notified at least ten days prior to cancellation thereof. One
copy of each policy and meMorandbm of insurance Shall be filed with the City.
S. It is understood and agreed by the parties hereto that the 1988 Extensions is to serve
the City and not the individual property owners and users thereof, unless by special arrangement
between the County Agency and the City. The responsibility of requiring connection to and use of
the 1988 Extensions and/or providing sUall additional facilities as may be needed shall be that of
the City which shall cause to be constructed and maintained, directly or through the County, any
such necessary additional facilities. The County shall not be obligated to acquire or construct any
facilities other than those designated in paragraph 2 hereof.
6. The City shall pay to the County the total cost of the 1986 Extensions (less such
funds as may become available from other sources), which total cost for this purpose shall include,
in addition to the items of the nature set forth in Exhibit B (represented by the principal amount
of the bonds to be issued by the County plus such funds as may become available from other sources),
all interest payable by the County on said bonds and all paying agent fees and other expenses and
charges (including the County Agency's administrative expenses) which are payable on account of said
bonds (such fees, expenses and charges being herein called "bond service charges"). Such payments
shall be made to the County in annual installments which shall be due and payable at least thirty
days prior to the day of the month specified in the County bonds as the annual principal maturity
date thereof. Such an annual installment shall be so paid in each year if any principal and/or
noncapitalized interest on said bonds falls due during the twelve-month period beginning on such
principal maturity date in said year, and the amount of each installment so due and payable shall be
at least sufficient to pay all such principal and/or interest thus falling due and all bond service
charges then due and payable. The County Agency within thirty days after delivery of the Count,
bonds to the purchaser, shall furnish the City Treasurer with a complete schedule of the principai
and interest maturities thereon, and the County Agency, at least thirty days before each payment is
due to be made by the City, also shall advise the City Treasurer of the amount payable to the County
on such date. If the City fails to make any payment to the County when due, the same shall be
subject to a penalty of it thereof for each month or fraction thereof that such amount remains
unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above
required shall not excuse the City from the obligation to make payment when due. Such payments shall
be made by the City when due whether or not the 1988 Extensions have then been completed or placed
in operation. In-the event that additional Minty bonds shall be issued under the authority of this
contract to defray a part of the cost of the 1988 Extensions, the foregoing obligations shall apply
to such part of the cost and to said additional bonds insofar as appropriate thereto.
7. The City may pay in advance any amount payable to the County pursuant to this contract
and in that event shall be credited therefor on future-due amounts as may be agreed by the parties
hereto. The City also may pay in advance any one or more installments or any part thereof (a) by
surrendering to the County any of said County bonds of like principal amount or (b) by paying to the
County in cash the principal amount of any County bonds which are subject to redemption prior to
maturity plus all interest thereon to the first date upon which such bonds may be called for
redemption and all applicable call premiums and bond service charges, and in such event the County
Agency shall call said bonds for redemption at the earliest possible date. The installments or
parts thereof so prepaid shall be deemed to be the installments or parts thereof falling due in the
same calendar year as the maturity dates of the bonds surrendered or called for redemption and bonds
so surrendered or redeemed shall be cancelled.
8. In the event that it shall become necessary to increase the estimated cost of the 1988
Extensions as hereinbefore stated, or if the actual cost of the 1968 Extensions shall exceed the
estimated cost, whether as the result of variations or changes permitted to be made in the approved
plans or otherwise, then (without execution of any further contract or amendment of this contract)
the City Council, by resolution adopted within fifteen days after the receipt of construction bids,
may direct that a portion of the 1988 Extensions be deleted sufficient to reduce the total cost to
an amount which shall not exceed the total estimated cost as hereinbefore stated by more than
provided that such deletion shall not materially change the general scope, overall design and
purpose of the 1988 Extensions, or in the absence of the adoption of such a resolution the City
shall pay or procure the payment of the increase or excess in cash, or County bonds in an increas•
or additional amount (upon adoption of an authorizing resolution therefor by the Board n.
Commissioners) shall be issued to defray such increased or excess cost to the extent that funds
Commissioners Minutes Continued. September 22, 1988
therefor are not available from other tOurces: Provided, however, that no such increase or excess
shall be approved and no such increased or additional County bonds s'eall be authorized to be issued,
nor shall the County enter into any contract for acquisition or construction of the 1933 Extensions
or any part thereof tr incur any oblieetion for or pay any item of cost therefor, where the effect
thereof would be to cause the total eest of the 1988 Extensions to exceed by more than 5% its total
estimated cost as hereinbefore stated, unless the City Council previously shall have adopted a
resolution approving such increase or excess and agreeing that the same (or such part thereof as is
not available from other sources) shall be paid or its payment procured by the City in cash or be
defrayed by the issuance of increased or additional County bonds in anticipation of increased or
additional payments agreed to be made by the City to the County in the manner hereinbefore provided:
Provided, further, that the adoption of such resolution by the City Council shall not be required
prior to or as a condition precedent to the issuance of additional bonds by the County if the County
has previously issued or contracted to sell bonds to pay all or part of the cost of the 1988
Extensions 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 1988 Extensions
according to the plans as last approved prior to the time when the previous bonds were issued or
contracted to be sold.
9. In the event that the actual cost of the 1988 Extensions is less than the total
estimated cost, then any surplus available to the County from the sale of County bonds, at the
option of t.he City Council, shall be used to improve, enlarge or extend the System, to apply upon
future payments due to the County, to redeem bonds or to purchase bonds on the open market, provided
that such surplus shall be used to improve, enlarge or extend the System only if authorized by the
Board of Commissioners. Any such surplus for the purpose of improving, enlarging or extending the
System, may be supplemented by cash payments to be made by the City, or such improvements,
enlargements or extensions may be financed entirely from such cast payments if authorized by the
City Council. If such surplus is used to redeem or purchase bonds, the same shall be cancelled, and
the payments thereafter required to be made by the City to the County shall be reduced so as to
reflect the resulting saving of interest and the payment required to be made in the calendar year of
the stated maturity of said bonds shall be reduced by the principal amount thereof.
10. Should the City fail for any reason to pay the County at the times specified the
amounts herein required to be paid, the City hereby authorizes the State Treasurer or other official
charged with the disbursement of unrestricted state funds returnable to the City pursuant to the
Michigan constitution to withhold sufficient funds to make up any default or deficiency in funds.
If the full faith and credit of the County is pledged for the prompt payment of the principal of and
interest on the bonds to be issued by the County and if the County is required to advance any money
by reason of such pledge on account of the delinquency of the City, the County Treasurer is hereby
authorized to notify the State Treasurer to deduct the amount of money so advanced by the County
from any unrestricted moneys in the State Treasurer's possession belonging to the City and to pay
such amount to the County.
The foregoing shall not operate to limit the County's right to pursue any other legal
remedies for the reimbursement of moneys advanced on account of the default of the City.
11. The City, pursuant to the authorization of Section 5a of Act No. 342, hereby pledges
its full faith and credit for the prompt and timely payment of its obligations expressed in this
contract and each year shall levy a tax in an amount which, taking into consideration estimated
delinquencies in tax collections, will be sufficient to pay its obligations under this contract
becoming due before the time of the following year's tax collections: Provided, however, that if at
the time of making its annual tax levy the City shall have on hand in cash other funds (including
but not limited to funds from special assessments, user charges or connection fees) which have been
set aside and pledged or are otherwise available for the payment of such contractual obligations
falling due prior to the tine of the next tax collection, then the annual tax levy may be reduced by
such amount. The City Council each year, at least 90 days prior to the final date provided by law
for the eaking of the annual City tax levy, shall submit to the County Agency a b -itten statement
setting forth the amount of its obligations to the County which become due and payable under the
contract prior to the time of the next following year's tax collections, the amount of the funds
which the City has or will have on hand or to its credit in the hands of the County which have been
set aside and pledged for payment of said obligations to the County and the amount of the City taxes
next proposed to be levied for the purpose of raising money to meet such obligations. The County
Agency shall review such stetement eromptly and, if he finds that the proposed City tax levy is
insufficient, he shall so notify the City Council, and the City hereby covenants and agrees that it
thereupon will increase its levy to such extent as may be required by the County Agency.
12. Re change in the jurisdiction over, any territory in the City shall impair in any
manner the obligations of this contract or affect the obligations of the City hereunder. In the
event that all or any part of the territory of the City is incorporated as a new city or village or
is annexed to or becomes a part of the territory of another municipality, the municipality into
which such territory is incorporated or to which such territory is annexed shall assume the proper
proportionate share of the contractual obligations (including the pledge of full faith and credit)
of the City, which proper proportionate share shall be fixed and determined by the County Agency and
shall be binding upon all parties concerned unless, within sixty (60) days after such incorporation
or annexation becomes effective, the governing body of the municipality into which such territory is
327
328
Commissioners Minutes Continued. September 22, 1988
incorporated or to which such territory is annexed and the City Council of the City, by mutual
agreement and with the written approval 'of the County Agency, shall fix and determine such proper
proportionate share. The County Agency prior to making such determination, shall receive a written ,
recommendation as to the proper proportionate share from a committee composed of one representative
designated by the City Council of the City, one designated by the governing body of the lie%
municipality or the municipality annexing such territory and one independent registered engineer
appointed by the County Agency. Each governmental unit shall appoint its representative within
fifteen (15) days after being notified to do so by the County Agency and within a like time the
County Agency shall appoint the engineer third member. If any such representative (other than the
appointee of the County Agency) is not appointed within the time above provided, then the County
Agency may proceed without said recommendation. If the committee shall not make the recommendation
within forty-five (45) days after its appointment or within any extension thereof by the County
Agency, then the County Agency may proceed without such recommendation.
13. This contract is contingent upon the County issuing its bonds to defray such part of
the total estimated cost of the 1988 Extensions as is necessary to be financed by the sale of bonds,
which bonds shall be issued under the authorization provided in Sections 5a, 5b and Sc of Act 342.
Interest on the bonds may be capitalized and paid from the bond proceeds for a period not exceeding
the estimated construction period and one year thereafter. In the event that the bonds are not
issued within five years from the date of this contract, the County Agency may determine, witn
respect to those facilities to be financed by the issuance of bonds, that the contract is terminated
and in that event the City shall pay all engineering, legal and other costs and expenses theretofore
incurred and shall be entitled to all plans, specifications and other engineering data and
materials.
14. Upon completion of the 1988 Extensions the County hereby leases the same to the City
to operate and maintain the same as part of the System in accordance with the requirements of the
Contract Oakland County Water Supply and Sewage Disposal Systems for Avon Township between the
County of Oakland and the Township of Avon, dated as of November 1, 1968.
15. The County shall have no obligation or responsibility for providing water supply or
sewage disposal facilities except as herein expressly provided with respect to the acquisition of
the 1988 Extensions or as otherwise provided by contract. The City shall have the authority and the
responsibility to provide such other facilities and shall have the right to expand the facilities of
the System by constructing or extending water or sewer lines or related facilities, connecting the
same to the System and otherwise improving the System. It is expressly agreed, nevertheless, that
no such connection (other than individual unit connections) shall be made to the System and no
improvements, enlargements or extensions thereof shall be made without first securing a permit
therefor from the County Agency. Any such permit may be made conditional upon inspection ane
approval of new construction by the County Agency.
16. All powers, duties and functions vested by this contract in the County shall bt,
exercised and performed by the County Agency for and on behalf of the County unless otherwise
provided by law or in this contract.
17. The parties hereto recognize that the holders from time to time of the bonds to be
issued by the County under the provisions of Act 342, and secured by the full faith and credit
pledge of the City to the making of its payments as set forth in this contract, will have
contractual rights in this contract, and it is therefore covenanted and agreed that so long as any
of said bonds shall remain outstanding and unpaid, the provisions of this contract shall not be
subject to any alteration or revision which would in any manner adversely affect either the security
of the bonds or the prompt payment of principal or interest thereon. The right to make changes in
this contract, by amendment, supplemental contracts or otherwise, is nevertheless reserved insofar
as the same do not have such adverse effect. The parties hereto further covenant and agree that
they each will comply with their respective duties and obligations under the terms of this contract
promptly, at the times and in the manner herein set forth, and will not suffer to be done any act
which would in any way impair the contract of said bonds, the security therefor or the prompt
payment of principal and interest thereon. It is hereby declared that the terms of this contract and
of any amendatory or supplemental contract and any contract entered into pursuant hereto, insofar as
they pertain to said bonds or to the payment or the security thereof, shall be deemed to be for the
benefit of the holders of said bonds.
18. In the event that any one or more of the provisions of this contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provisions hereof, but this contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
19. This contract shall become effective upon its execution by each party hereto and the
expiration of 45 days after the date of publication of the notice required by Section 5b of Act 342:
Provided, however, that if, within the 45-day period, a proper petition is filed with the City Clerk
of the City in accordance with the provisions of said Section 5b of Act 342 then this contract shall
not become effective until approved by the vote of a majority of the electors of the City qualified
to vote and voting thereon at a general or special election. This contract shall terminate forty
(40) years from the date hereof or on such earlier date as shall be mutually agreed: Provided,
however, that it shall not be terminated at any time prior to the payment in full of the principal
of and interest on the County bonds together with all bond service charges pertaining to said bon
This contract may be executed in several counterparts. The provisions of this contract shall inc .
Commissioners Minutes Continued, September 22, 1988 329
to the benefit of and be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by the undersicned, being duly authorized by the respective governino bodies of such
parties, all as of the day and year first above written.
CITY OF ROCHESTER HILLS COUNTY OF OAKLAND
By:
Mayer
, BY: By:
County DraTiTrommissioner
(Ccunty Agency)
4. APPROVAL OF USE OF SURPLUS BOND PROCEEDS. This Board of Commissioners hereby approves
the use of all o . the surbn4 -iaciu4ing Interest to the date of transfer) remaining in the construction
fund from the sale of the bonds issued to finance the Oakland County Water Supply and Sewage
Disposal Systems for Avon Township and $3,100,000 of the surplus remaining in the construction
fund from the sale of bonds issued to finance the Oakland County Water Supply and Sewage Disposal
Systems for Avon Township Sewer Extensions No. 2 to defray part of the cost of the 1988 Extensions.
Mr. Chairperson, on behalf of the Planning and Building Coiai ttee I mve adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Skarritt the resolution be adopted.
AYES: Jansen, R. Kuhn, S. Kuhn, Lanni, Luxon, A. McPherson, R. McPherson, Moffitt, Page,
Pernick, Rewold, Rowland, Skarritt, Aaron, Bishop, Calandro, Crake, Doyon, Gosling, Hobart. (20)
NAYS: None. (0)-
A sufficient majority having Voted therefor, the resolution was adopted.
Misc. 30243
By Planning and Building Committee
IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF OAKLAND COUNTY WATER SUPPLY
BONDS (WALLED LAKE SYSTEM EXTENSION NO. 1)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS this Board of Commissioners, under and pursuant to the provisions of Act 342,
Public Acts of Michigan, 1939, as amended (Act 342), has approved the Walled Lake Water Supply
System Extension No. I Contract dated as of January 1, 1968 (the "Contract") between the County of
Oakland (the "County"), by and through the ,County Drain Commissioner, and the City of Walled Lake
(the "City"); and
WLER1.AS the Contract provides for the issuance of bonds by the County to defray the cost
of acquiring and constructing the ;al ad Lake Water Supply System Extension No. 1, said bonds to be
secured by the contractual obligation of the City to pay to the County amounts sufficient to pay the
principal of and interest on the hereinafter authorized bonds and to pay such paying agent fees and
other expenses as may he incurred on account of said bonds.
TilEREEOP,E, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as
follows:
1. AUTHORIZATION OF BONDS - PURPOSE. Subsequent to execution of the Contract by the
parties thereto, bonds of theounty aggregating the principal-. sum of Eight Hundred Fifteen Thousand
Dollars ($815,000) shall be issued and sold pursuant to the provisions of Act 342, and other
applicable statutory provisions, for the purpose of defraying the cost of acquiring and constructing
the Walled Lake Water Supply System Extension No. 1.
2. BOND DETAILS. The bonds shall be designated "Oakland County Water Supply Bonds
(Walled Lake S37:T.E5T—T7d—e-iii-on No. I)" shall be dated October 1, 1988; shall be numbered from 1
upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral
multiple thereof not exceeding the aggregate principal_ amount for each maturity at the option of the
purchaser thereof; shall bear interest at a rate or. rates not exceeding In_ per annum to be
determined upon the sale thereof payable on April 1 0 1989 and semiannually thereafter on the first
days of April and October in each year; and shall mature on October 1 in each year as follows:
1989 $25,000 1997 $ 50,060
1990 $23,000 1998 $ 75,000
1991 $25,000 1999 $ 75,000
1992 $30,060 2000 $ 75,000
1993 $30,000 2001 $ 75,000
1994 $30,000 2002 $100,000
1995 $50,000 2003 $100,000
1996 $50,000
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall
be payable in 'aw•u . money o - t e inited tates. Principal shall be payable upon presentation and
330
. Commissioners Minutes Continued. September 22, 1988
surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest
shall be paid to the registered owner of each bond as shown on the registration books at the close
of business on the 15th day of the calendar month preceding the month in which the interest payment
is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond(
registrar and paying agent to the registered owner at the registered address.
4. PRIOR REDEMPTION. Bonds maturing prior to October 1,1998 shall not be subject to
redemption prior to maturity. Bonds maturing on and after October 1, 1998, shall be subject to
redemption prior to maturity upon the terms and conditions set forth in the form of bond contained
in Section 8 hereof.
5. BOND REGISTRAR AND PAYING AGENT. The County Drain Commissioner shall designate, and
may enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a
bank or trust company located in the State of Michigan which is qualified to act in such capacity
under the laws of the United States of America or the State of Michigan. The County Drain
Commissioner may from time to time as required designate a similarly qualified successor bond
registrar and paying agent.
5. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the
Raze of the County by the facsimile signatures of the Chairman of the Board of Commissioners and the
County Clerk and authenticated by the manual signature of an authorized representative of the bond
registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed
or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the
original purchaser thereof, they shall be delivered by the County Treasurer or his Deputy to the
purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of
the Chairman of the Board of Commissioners and the County Clerk and upon which the seal of the
County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and
paying agent for authentication and delivery in connection with the exchange or transfer of bonds.
The bond registrar and paying agent shall indicate on each bond the date of its authentication.
7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond
registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar
and paying agent duly executed by the registered owner or his duly authorized attorney, at the
option of the registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same rate of
interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which shall be kept for
that purpose by the bond registrar and paying agent, upon surrender of such bond together with a
written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent on behat
of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee
a new bond or bonds of any authorized depomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the
bond registrar and paying agent authenticates and delivers a new bond pursuant to this section,
payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse
upon the new bond the following: "Payment of interest on this bond is in default. The last date to
which interest has been paid is
The County and the bond registrar and paying agent may deem and treat the person in whose
name any bond shall be registered upon the books of the County as the absolute owner of such bond,
whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of
and interest on such bond and for all other purposes, and all payments made to any such registered
owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be
valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum
or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by
any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying
agent harmless from and against any and all loss, cost, charge, expense, judgment or liability
incurred by it, acting in good faith and without negligence hereunder, in so treating such
registered owner.
For every exchange or transfer of bonds, the County or the bond registrar and paying agent
may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required
to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person
requesting such exchange or transfer as a condition precedent to the exercise of the privilege of
making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
8. FORM OF BONDS. The bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
OAKLAND COUNTY WATER SUPPLY BOND
(Walled Lake System Extension NO. 1)
Commissioners Minutes Continued. September 22, 1988 331
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
October 1, 1988
Registered Owner
Principal Amount
The County of Oakland. State of Michigan, (the "County"), acknowledges itself indented to,
and for vaiue received, hereby promises to pay to the Registered Owner identified above, or
registered assigns, the Principal Amount set forth above on the Maturity Date specified above,
unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond
at in the City of , Michigan, the bond registrar and paying
agent, and to pay to the Registered Owner, as shown on the registration books at the close of
business on the 15th day of the calendar month preceding the month in which an interest payment is
due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class
mail postage prepaid to the Registered Owner at the registered address, interest on such Principal
Amount from the Date of Original Issue or such later date through which interest shall have been
paid until the County's obligation with respects to the payment of such Principal Amount is
discharged at the rate per annum specified above. Interest is payable on the first days of April
and October in each year, commencing on April 1, 1969. Principal and interest are payable in lawful
money of the United States of America.
This bond is one of a series of bonds aggregating the principal sum of Eight Hundred
Fifteen Thousand Dollars ($815,000) issued by the County under and pursuant to and in full
conformity with the Constitution and Statutes of Michigan (especially Act No 342, Public Acts of
1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the
County (the "Resolution") for the purpose of defraying the cost of acquiring and constructing the
Walled Lake Water Supply System Extension No. 1. The bonds of this series are issued in
anticipation of payments to be made by the City of Walled Lake in the aggregate principal amount of
Eight Hundred Fifteen Thousand Dollars ($615,000) pursuant to a contract between the County and the
City of Walled Lake dated as of January 1, 1988. The full faith and credit of the City of Walled
Lake have been pledged to the prompt payment of the foregoing amount and the interest thereon as the
same become due. As additional security the full faith and credit of the County are hereby pledged
for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied
by the City and the County to pay the principal of and interest on the bonds of this series are
subject to constitutional tax limitations.
This bond is transferable, as provided in the Resolution, only upon the books of the
County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond
together with a written instrument of transfer satisfactory to the bond registrar and paying agent
duly executed by the registered owner or his attorney duly authorized in writing, Upon the exchange
or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate
principal amount and of the same interest rate ,and maturity, shall be authenticated and delivered to
the transferee in exchange therefor as Provided in the resolution and upon payment of the charges,
if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of
$5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each
maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
Bonds maturing prior to October 1,1998, are not subject to redemption prior to maturity.
Bonds maturing on and after October 1, 1998, are subject to redemption prior to maturity at the
option of the County in such order as shall be determined by the County, on any one or more
interest payment dates on and after October 1, 1997. Bonds of a denomination greater than $5,000
may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than
all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be
redeemed shall be selected by lot. The redemption price shall be the par value of the bond or
portion of the bond called to be redeemed plus interest to the date fixed for redemption and a
premium as follows:
2% of the par value if called for redemption on or after October 1, 1997, but prior to
October 1, 2000;
1% of the par value if called for redemption on or after October 1, 2000, but prior to
October 1, 2003.
Not less than thirty days notice of redemption shall be given to the holders of bonds
called to be redeemed by mail to the registered holder at the registered address. Bonds or portions
of bonds called for redemption shall not bear interest after the date fixed for redemption, provided
funds are on hand with the bond registrar and paying agent to redeem the same.
It is hereby certified, recited and declared that all acts, conditions and things required
to exist, happen and be performed precedent to and in the issuance of the bonds of this series,
existed, have happened and have been performed in due time, form and manner as required by law, and
that the total indebtedness of said County, including the series of bonds of which this bond is one,
does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has
caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of
By: By:
-Chairman, oard of Commissioners County Clerk
on ying Agent egistra
332
Commissioners Minutes Continued. September 22, 1988
Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed
or imprinted hereon, This bond shall not be valid unless the Certificate of Authentication has been
manually executed by an authorized representative of the bond registrar and paying agent.
COONEY OF OAKLAND
(SEAL)
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution,
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(please print or type name, address and taxpayer identification number of transferee) the withiT
bond and all rights thereunder and does hereby irrevocably constitute and appoint
attorney to transfer the within bond on the books kept for registration thereof,--OWT571-17,WF76r
substitution in the premises.
Dated:
Signature Guaranteed
The signature must be guaranteed by a commercial bank, a trust company or a brokerage firm which is
a member of a major stock exchange.
9. SECURITY. The bonds shall be issued in anticipation of payments to be made by the
City pursuant to the aforesaid Contract dated as of January 1, 1988. The bonds shall be secured
primarily by the full faith and credit pledge made by the City in the Contract with the County •
pursuant to the authorization contained in Act 342. As additional and secondary security the full
faith and credit of the County are pledged for the prompt payment of the principal of and interest.-- • •
on the bonds as the same shall become due. If the City shall fail to make payments to the County
which are sufficient to pay the principal of and interest on the bonds as the same shall become due, " •
an amount sufficient to pay the deficiency shall be advanced from the general fund of the County.
10. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and
Interest Fund w icn s A '-e ,ept in a separate bank account. From the proceeds of the sale of the
bonds there shall be set aside in the Principal and It•rest Fund any premium and accrued interest
received from the purchaser of the bonds at the time of delivery of the same. All payments received
from the City pursuant to the Contract are pledged for payment of the principal of and interest on
the bonds and expenses incidental thereto and as received shall be placed in the Principal and
Interest Fund.
11. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be
set aside in a constraD9RT—fTihd and used to acquire and construct the Walled Lake Water Supply
System Extension No. 1 in accordance with the provi.lions of the Contract dated January 1, 1988.
12. APPROVAL OF MICHIGAN DEPARTMENT OF .Tf-EAS!JRY - EXCEPTION FROM PRIOR APPROVAL._ The
issuance and sae 0 t.,•e onts s'1517-"Fe—s-ilE)edt tc7 p :,,rT-riTi-iTrT--b—eing granted therefor by the
Department of Treasury of the State. of Michigan or an exception from prior approval being granted by
the Department of Treasury and the County Treasurer is hereby authorized to file with the Department
of Treasury a Notice of Inteht. to issue an Obligation with respect to the bonds and to pay, upon the
filing of said notice, the “7 .'n'7 fee of $400. If an exception from prior approval is not granted
the County Drain Commissioner shaM make application to the Department of Treasury for permission to
issue and sell the bonds as provided by the terms of this resolution and for approval of the form of
Notice of Sale.
13, REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner, after
the receipt -6T-TraT-TOr the construction o• Lake Water Supply System Extension No. 1,
shall determine that it is not necessary to sell bonds in the principal amount of Eight Hundred
Fifteen Thousand Dollars ($815,000), he may by order reduce the principal amount of bonds to be sold
to that amount deemed necessary. In the event the principal amount of the bond issue is reduced
pursuant to this section, the County Drain Comoi:sioner shall reduce the amount of bonds maturing in
any one or more years as necessary.
14. SA.LE, ISSUANCE, DELIVERY, MOSFF±.. AND EXCHANGE OF BONDS. The County Drain
Commissioner is hereby authorripresCrTbe t'a -forM-7-notice of sale for the bonds, to sell the
bonds at not less than 98% of par plus accrued interest in accordance with the laws of this state
and to do all things necessary to effectuate the sale, issuance -, delivery, transfer and exchange
the bonds In accordance with the provisions of this resolution.
15. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Commissioners Minutes Continued. September 22, 1988 333
Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and
will remain excludable from gross income for federal income tax purposes, The County Drain
Commissioner and other appropriate County officials are authorized to do all things necessary
(including the making of covenants of the County) to assure that the interest on the bonds will be
and will remain excludable from gross income for federal income tax purposes.
16. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may
be in conflict-Tirewith are rescinded:
Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing resolution.
Moved by Hobart supported by Crake the resolution be adopted.
AYES; R. Kuhn, S. Kahn, Lanni, Luxon, A. McPherson, R, McPherson, Moffitt, Page,
Pernick, Rewold, Rowland, Skarritt, Wilcox, Aaron, Bishop, Caddell, Crake, Doyon, Gosling, Hobart,
Jensen. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88244
By Planning and Building Committee •
IN RE: Drain Commissioner - BORDEN DRAIN FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS proceedings have been taken by the Statutory Drainage Board for the construction
of the Borden Drain under the provisions of Chapter 20 of Act No. 40 of the Public Acts of 1956, as
amended, pursuant to a petition filed with the Oakland County Drain Commissioner; and
WHEREAS the said Drainage Board, by resolution adopted on August 16, 1988, authorized and
provided for the issuance of bonds in the aggregate principal amount of $345,000 in anticipation of
the collection of an equal amount of a special assessment against the City of Rochester Hills, said
special assessment having been duly confirmed by said Drainage Board; and
WHEREAS said bonds are to be designated Drain Bonds, are to be dated October 1, 1988, will
bear interest at a rate not exceeding 12% and will be subject to redemption prior to maturity in
accordance with the provisions of said resolution; and
WHEREAS said Drainage Board deems it advisable and necessary to obtain from this Board a
resolution consenting to the pledge of the full faith and credit of the County on the aforesaid
bonds; and
WHEREAS the said Drainage project is necessary to protect and preserve the public health,
and, therefore, it is in the best interest of the County of Oakland that said bonds be sold.
NOW THEREFORE BE IT RESOLVED:
1. That in accordance with the provisions of the resolution adopted by the Drainage Board
on August 16, 1988, the Drain Bonds shall be payable primarily from the collection of the several
installments of the special assessment against the City of Rochester Hills.
2. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956,
as amended, the Oakland County Board of Commissioners hereby pledges irrevocably the full faith and
credit Of the County of Oakland for the prompt payment of the principal of and interest on the said
Drain Bonds and agrees that, in the event the City of Rochester Hills shall fail or neglect to
account to the County Treasurer of the County of Oakland for the amount of any special assessment
installment and interest when due, the amount thereof shall be advanced immediately from County
funds, and the County Treasurer is directed to make such advancement to the extent necessary.
3. That in the event that, pursuant to said pledge of full faith and credit, the County
of Oakland advances out of County funds all or any part of an installment and interest, it shall be
the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions
and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such
sums so paid.
4, That all resolutions and parts of resolutions insofar as the same may be in conflict
with the provisions of this resolution be rescinded.
Mr. Chairperson, on behalf of the Planning and Building Committee, I hereby recommend the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Bishop the resolution be adopted.
AYES: S. Kuhn, Lanni, Luxon„ A. McPherson, R. McPherson, Moffitt, Page, Pernick, Rewold,
Rowland, Skarritt, Wilcox, Aaron, Bishop, Caddell, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn.
(21)
NAYS: None, (0)
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
334
Commissioners Minutes Continued. September 22, 1988
A sufficient majority having voted therefor, the resolution was adopted,
Misc. 88245
By Planning and Building Committee
IN RE: Drain Commissioner - KARAS DRAIN FULL FAITH AND CREDIT RESOLUTION
To the Oakland Conn:by Board of Commissioners
Mr, Chairperson, Ladies and Gentlemen:
WHEREAS proceedings have been by the Statutory Drainage Board for the construction of the
Karas Drain under the provisions of Chapter 20 of Act No, 40 of the Public Acts of 1956, as amended,
pursuant to a petition filed with the Oakland County Drain. Commissioner; and
WHEREAS the said Drainage Board, by resolution adopted on August 16, 1988, authorized and
provided for the issuance of bonds in the aggrega ,_e principal amount of $875,000 in anticipation of
the collection of an equal amoan .c of a special assessment against the City of Rochester Hills, said
special assessment having 'ann;i cuiy confirmed by said Drainage Board; and
WHEREAS said bon.Is are to be designated Drain Bonds, are to be dated October 1, 1988, will
bear interest at a rate non naceeding 12% and will be subject to redemption prior to maturity in
accordance with the provisic ;.)f said resolution; used
WHEREAS said Dr.:;iaae Bo3rd deems it au. j: and necessary to obtain from this Board a
resolution oonsentinn to he full faitli anci nrneit County on the aforesaid bonds; and
WHEREAS the said drairage project is nucessany to protect and preserve the public health,
and, therefore, it is in the best interest of the Ccunty of Oakland. that said bonds be sold.
NOW THEREFORE BE IT RESOLVED:
1. That in accordance with the provisions of the resolution adopted by the Drainage Board
on August 16, 1988, the Drain Bonds shall be payable primarily from the collection of the several
installments of the special assessment against the City of Rochester Hills.
2. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956,
as amended, the Oakland County '3oand of Commissioners hereby pledges irrevocably the full faith and
credit of the County of Oakland. for the prompt payment of the principal of and interest on the said
Drain Bonds and agrees that, in the event the City of Rochester Hills shall fail or neglect to
account to the County Treasurer of the County of Oakland for the amount of any special assessment
installment and interest when due, the amount thereof shall be advanced immediately from County
funds, and the County Treasurer is directed to make such advancement to the extent necessary.
3. That in the event that, pursuant to said pledge of full faith and credit, the County -
of Oakland advances out of County funds all or any part of an installment and interest, it shall be
the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions
and proceedings and pursue all remedies- permitted or authorized by law for the reimbursement of such
sums so paid,
4. That all resolutions and parts of resolutions insofar as the same may be in conflict
with the provisions of this resolution be rescindea.
Mr. Chairperson, on behalf of the'Plany!ng and Building Committee, I hereby recommend the
adoption of the foregoing resolution,
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Bishop the resolution be adopted.
AYES; Lanni, Luxor, A. McPherson, R. McPherson, Moffitt, Pernick. Rewolda Rowland,
Skarritt, Wilcox, Aaron, Bishop, Caddell, Crake, DOyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn.
(20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88246
By Planning and Building Committee
IN RE: Drain Commissioner - TH;71 ESTABLISNMENT OF A LAKE LEVEL FOR CRYSTAL LAKE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Act 146 of the Public Acts of 1961, the Inland Lake Level Act, establishes a
procedure for the establishment of a legal lake level for inland lakes in the State of Michigan; and
WHEREAS Crystal Lake, approximately 51 acres in size, located within the City of Pontiac,
is an inland lake; and
WHEREAS the establishment of a lake level of Crystal Lake under the Provisions of Act 146
of 1961 would provide for the protection of the public health, welfare, and safety, and would
conserve the national resources of the state, and would preserve and enhance property values around
Crystal Lake; and
WHEREAS petitions have been received from freeholders owning lands abutting on Crystal
Lake in number equal to two -thirds (213) of the freeholders owning lands abutting Crystal Lake; and
WHEREAS the City of Pontiac by resolution adopted on June 7, 1988 has authorized the(
advance of $200,000 to finance the entire cost of construction of a lake level control structure to
Commissioners Minutes Continued, September 22, 1988 335
establish and maintain the normal height and level of Crystal Lake.
NOW THEREFORE BE IT RESOLVED that this Board of Commissioners, for the protection of
public safety and to preserve the natural resources of the state and to protect the value of
properties around Crystal Lake, deems it expedient to determine, establish, and maintain the normal
lake level of Crystal Lake within the City of Pontiac, Oakland County, Michigan, pursuant to the
provisions of Act 146 of the Public Acts of 1961, as amended.
BE IT FURTHER RESOLVED that the Office of the Prosecuting Attorney institute in thenCircuit
Court for the County of Oakland, by proper Complaint, a proceeding to establish a level for Crystal
Lake.
BE IT FURTHER RESOLVED that the City of Pontiac will benefit and shall bear the entire cost
of the project, that the Drain Commissioner accordingly prepare a Special Assessment District as
prescribed in Act 146, and that the future cost of maintaining the level of said lake shall be borne
by the City of Pontiac.
Mr. Chairperson, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Rowland the resolution be adopted.
AYES: Luxon, A. McPherson, R. McPherson, Moffitt, Page, Pernick, Rewold, Rowland,
Skarritt, Wilcox, Aaron, Caddell, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni.
(20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88247
By Planning and Building Committee
IN RE: Public Works - REORGANIZATION OF WATER AND SEWER OPERATIONS DIVISION
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS during the 1988 budget process the Construction unit and Solid Waste unit were
removed from the Sewer, Water and Solid Waste Division and placed under Department of Public Works
Administration, and the Sewer Water and Solid Waste Division was retitled to Water and Sewer
Operations Division and restructured into three units; and
WHEREAS three existing Civil Engineer III positions were placed over the three areas to
provide technical expertise as well as professional oversight of the day-to-day operations of the
units; and
WHEREAS the new job responsibilities of the Civil Engineers III have been evaluated and a
new classification of Water and Sewer Operations Engineer at salary grade 17 is recommended; and
WHEREAS there is currently no Manager position over the Water and Sewer Operations
Division because the manager position was deleted in 19870 and
WHEREAS the Director of Public Works has found that the day-to-day operations of the
division requires full-time supervision, as in other divisions, which the Director cannot assume
because of other responsibilities within his department such as Facilities Engineering, Facilities
Maintenance and Operations, and Solid Waste; and
WHEREAS the Chief of Water and Sewage Operations has had to assume the daily management
responsibilities of the division that are expected of a manager level position; and
WHEREAS these job responsibilities have been evaluated and a new class of Manager - Water
and Sewer Operations at salary grade 21 is recommended;
NOW THEREFORE BE IT RESOLVED that the following changes be made within the Water and Sewer
Operations Division:
1. Create the classification of Manager - Water and Sewer Operations classification, at a
salary grade 21, no overtime.
2. Reclassify the Chief - Water and Sewer Operations position (number 02260 at salary
grade 18) to the newly created classification of Manager of Water and Sewer Operations,
3, Create a new Water and Sewer Operations Engineer classification, at salary grade 17,
no overtime.
4. Reclassify three Civil Engineers III (position numbers 00071, 00607 0 and 01571, at
salary grade 16) to the newly created classification of Water and Sewer Operations Engineer.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Report By Personnel Committee
To Planning and Building Committee
IN RE: Department of Public Works/Water and Sewer Operations - Reorganization of Water and Sewer
Operations Division
Mr. Chairperson. Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution, reports with the
Anne M. Hobart, Chairperson
336
Commissioners Minutes Continued, September 22, 1988
recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Personnel Committee, I hereby submit the foregoing
report.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
Misc. 88248
By Planning,and Building Committee
IN RE: Oakland/Pontiac Airport - GAS MAIN EASEMENT FOR CONSUMERS POWER COMPANY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland (,.mn property located at 6500 Highland Road, Waterford
TOWliShip,. Michigan, known as Oakland/Pontiac AirTort; and
WHEREAS the Consumers Power (3,)may requesting an easement on County owned property at
the Oaklahd/Rontiac Airport for the instailati, op-i ,!Tation and maintenance of a gas main; and
WHEREAS the Airport Committee has re.Je.,,e-.1 and recommends the granting of this easement
repUest.
NOW THEREFORE BE IT RESOLVED, that the Oakland County board of CoMmisSioners approved the
granting of this easement; and
BE IT FURTHER RESOLVED that the Oakland County Board of CoMMisSioners direct S its
ChairperSbn to: execute the necessary documents to effect the same.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Moved by Hobart supported by Crake the resolution be adopted.
AYES: A. McPherson, R. MOPherson, Moffitt, Page, Pernick, Rewold, Rowland, Skarritt,
Wilcox, Aaron, Caddell., Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn., S. Kuhn, Lanni, Luxon. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88249
By Planning and Building Committee
IN RE: Corporation Counsel - Real Estate SectiOn - SALE OF VACANT PROPERTY ON CAREER ROAD, ORION
TOWNSHIP - TAX SIDWELL NO, 09-35-300-016
To the Oakland County beard of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of vacant parcel of land consisting of 1.38
acres; and
WHEREAS this property Was originally purchased for the Oakland/Orion Airport and related
Serviees; and
WHEREAS Miscellaneous Resolution No. 87104 directed Corporation Counsel - Real Estate
Section to advertise property for sale with a minimum offer of $96,000.00 and to return with offers
on June 16, 1987: and
WHEREAS an offer of $90,170.00 was received from Cunningham-Limp Construction Co. on
October 2, 1987, and withdrawn on November 17, 1987; and
WHEREAS an offer of $82,000.00 has been received from Orion Industrial Park, a Michigan
Co-Partnership; and
WHEREAS tis offer has been reviewed and recomMended by the Airport Committee; and
WHEREAS Department of Corporation Counsel recommends the acceptance of this offer in
the amount of $82,000.00.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of commissioners accepts this
offer in the amount of $82,000.00 from Orion industrial Park, a Michigan CO-Partnership'.
BE IT FURTHER RESOLVED that the Oakland County Board of ComMissioners directs its
Chairperson to execute the necessary documents to effect this sale.
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 Skarritt the resolUtion be adopted.
Commissioners Minutes Continued. September 22, 1938 337
AYES: R. McPherson, Moffitt, Page, Pernick, Rewold, Rowland, Skarritt, Wilcox, Aaron,
Caddell, Calandra, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon,
A. McPh,arson. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88250
By Planning and Building Caisiittee
IN RE: Corporation Counsel - Real Estate Section - QUIT CLAIM OF PERMANENT EASEMENTS, CLINTON OAKLAND
S.D.S. WATERFORD EXT.
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland obtained permanent easements across Lots 14 E, 15 of Lakes
View Subdivision, being pt. of sections 11 & 14 of Waterford Township, for the purpose of constructing
and maintaining a sewage disposal system in Waterford Township; and
WHEREAS Loon Lake Properties Inc., has purchased these lots for development of
Condominiums; and
WHEREAS with the development of this area, the existing sanitary sewer location would not
be consistent with, or suitable for developing Condominiums; and
WHEREAS Loon Lake Properties, Inc., has agreed to relocate this sewer and dedicate a new
permanent easement at its expense in exchange for the quit claim of existing easements; and
WHEREAS Milton Hendorf, Director, Department of Public Works, Oakland County, recommends
the quit claim of easements in exchange for a POW permanent easement and relocation of the sanitary
sewer.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
quit claim of easements in exchange for a new permanent easement and relocation of the sanitary
sewer, and complete removal of tne old sewer pipes; and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its
Chairperson to execute the necessary documents to effect the sane.
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: Moffitt, Page, Pernick, Rewold, Rowland, Skarritt, Wilcox, Aaron, Calandro, Crake,
Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, A. McPherson, R. McPherson. (20)
NAYS: None. (0)
A
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88251
By Planning and Building Committee
IN RE: SOLID WASTE PROGRAM - REQUEST FOR QUALIFICATIONS (RFO) RESOURCE RECOVERY PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution 88212, dated August 18, 1988, approved a contract with
the fim of Bishop, Cook, Purcell and Reynolds for implementing a county-wide solid waste program;
and
WHEREAS in connection with the implementation of this plan, the Planning and Building
Committee has reviewed the attached Request for Qualifications (08O) for prospective vendors
interested in negotiating with the County of Oakland with respect to the construction and operation
of a resource recovery facility (RRF) to be located within the county; and
WHEREAS it is in the best interest of the County to proceed with vendor procurement for
the resource recovery facility at this time and to authorize distribution of the Request for
Qualifications.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND as
1. The Request for Qualifications, as attached to and made part of this resolution, is
hereby approved and authorized to be distributed to prospective vendors for the RRF.
2. All resolutions and parts of resolutions insofar as they conflict with the provisions
of this resolution are hereby rescinded.
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 Wilcox the resolution be adopted.
AYES: Page, Pernick, Rewold, Rowland, Skarritt, Wilcox, Aaron, Caddell, Calandra, Crake,
Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn,Lanni, Luxon,McDonald, A. McPherson, R. McPherson,
Moffitt. (22)
WAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
338
Commissioners Minutes Continued. September 22, 1988
Report (Miscellaneous Resolution #88227)
By Planning and Building Committee
IN RE: Corporation Counsel - Peal Estate Section - Sale of Vacant Property - City of Pontiac -
Sidwell 14-18-226-001
To the Oakland County Board of Commissioners "
Mr. Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above referenced resolution, reports
with the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the
foregoing report.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Misc. 88227
By Planning and Building Committee
IN RE: Corporation Counsel - Real Estate Section - SALE OF VACANT PROPERTY, CITY OF PONTIAC -
SIDWELL 14-18-226-001
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of vacant land located in the City of Pontiac;
and
WHEREAS the property was appraised by Robert H. Scott at $85.000.00 and PontLac Appraisal
Service submitted an appraisal of $74,500.00; and
WHEREAS Corporation Counsel, Real Estate Section has advertised this parcel for sale
pursuant to Miscellaneous Resolution Ho. 87176 and 88068; and
WHEREAS no offers were submitted through advertising of this parcel; and
WHEREAS the Department of Corporation Counsel, Real Estate Section has received an offer of
$50,000.00 from the Hole Family Trust; and
WHEREAS the Department of Corporation Counsel, Real Estate Section recommends the
acceptance of this offer.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts this
offer in the amount of $50,000.00 from the Hole Family Trust.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its
Chairperson to execute the necessary documents to effect the same.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Anne M. Hobart, Chairperson
Fiscal Note
By Finance Committee
IN RE: Corporation Counsel - Real Estate Section - Sale of Vacant Property, City of Pontiac -
Sidwell 14-18-226-001
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 #88227 and finds:
1) The County acquired land located in the City of Pontiac in 1942 by forfeiture due to
unpaid taxes;
2) The County has received an offer of $50,000;
3) The County will realize a gain on sale of land of $50,000;
4) The 1988 revenue budget should be amended to recognize $50,000 as a gain on sale of
property in the.Land Sales Fund (account #3-26000-115-10-00-2162);
5) The 1988 expenditure budget should be amended to increase general fund contingency to
correspon (account #4-10100-909-01-00-9900). •
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Hobart supported by Rowland the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Hobartsupported by Angus McPherson the resolution be adopted.
AYES: Pernick, Rewold, Rowland, Skarritt, Aaron, Caddell, Calandro, Crake, Doyon, Gosling,
Hobart, Jensen, R. Kuhn. S. Kuhn, Lanni, Luxon, McDonald, A. McPherson, R. McPherson, Moffitt, Page.
(21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. September 22, 1988 339
Misc, 88252
By Public Services Committee
IN RE: Public Services Deportment - EMS and Emergency Management Division - OAKLAND COUNTY COUNCIL
FOR EMERGENCY MEDICAL SERVICES (OAKEMS) BYLAWS REVISIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners established the Oakland County Council
for Emergency Medical Services (per Miscellaneous Resolution #6490); and
WHEREAS the Oakland County Council for Emergency Medical Services functions as the Medical
Control Authority; and
WHEREAS Public Law 79 of 1981 requires a Medical Control Authority to be administered by a
"system of hospitals" and that an application be completed for approval;
WHEREAS the "system of hospitals" developed an application for the Medical Control
Authority consistent with state law which was approved by the Michigan Department of Public Health on
May 24, 1988;
WHEREAS OAKEMS will be advisory to the Medical Control Board and will no longer be the
Medical Control Authority; and
WHEREAS it is deemed to be in the best interest of Oakland County that the Oakland County
Council for Emergency Medical Services continues to serve in an advisory capacity to the Oakland
County Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Bylaws of the Oakland County Council for Emergency Medical Services excluding Articles IX, X
and XI.
BE IT FURTHER RESOLVED that Oakland County assumes no responsibility for the Medical
Control Board, its agents, and employees, including the Project Medical Director.
BE IT FURTHER RESOLVED that this Resolution supersedes Miscellaneous Resolution Nos. 81196
and 84236.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Chairperson
Copy of Bylaws Revisions on file in County Clerk's Office.
Moved by Richard Kuhn supported by Luxon the resolution be adopted.
AYES; Rewold, Rowland, Skarritt, Aaron, Caddell, Calandro, Crake, Doyon, Gosling, Hobart,
Jensen, R. Kuhn, S. Kuhr, Lanni, Luxon, McDonald, A. McPherson, R. McPherson, Moffitt, Page, Pernick.
(21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 88253
By Public Service's Committee
IN RE: Economic Development Division - RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA
(A.B. HELLER INC. PROJECT) - MILFORD TOWNSHIP
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there exists in the County of Oakland the need for projects to alleviate and
prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises
in order to strengthen and revitalize the County's economy and to encourage the location and
expansion of such enterprises to provide needed services and facilities to the County and its
residents; and
WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts
of 1974, as amended, (the "Act") 'provides a means for the encouragement of such projects in this
County through the County's Economic Development Corporation (the "EDC"); and
WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project
(A.B. Heller Inc. Project) and has designated to this Board of Commissioners a Project Area and
Project District Area for its approval;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
1. The Project Area, as described in Exhibit A attached hereto, as designated by the EDC
to this Board he and is hereby certified as approved.
2. That, it having been determined that the territory surrounding said designated Project
Area will not be significantly affected by the Project because the surrounding territory is devoted to
commercial/industrial uses, a Project District Area having the same description as and boundaries
coterminous with the Project Area herein certified as approved be hereby established.
3. That, it having been determined that there are less than eighteen (18) residents, real
340
Commissioners Minutes Continued. September 22, 1988
property owners, or representatives of establishments located within the Project District Area, a
Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act.
4, That the County Clerk be, and is hereby, directed to provide four certified copies of
this resolution to the Secretary of the Board of the EDC.
The Public Services Committee, by Richard D. Kuhn, Jr, Chairperson, moves for adoption '
the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Jr., Chairperson
Moved by Richard Kuhn suported by Skarritt the resolution be adopted.
AYES: Rowland, Skarritt, Aarpn, Caddell, Calandro, Crake, Doyon, Gosling, Jensen, R. Kuhn,
S. Kuhn, Lanni, Law, Luxon, McDonald, A. McPherson, R. McPherson, Moffitt, Page, Pernick, Rewole.
(21)
NAYS: None, (0)
Resolution declared adopted.
Misc. 88254
By Public Services Comittee
IN RE: Economic Development Division - RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS
(A.B. HELLER INC. PROJECT) -.MILFORD TOWNSHIP
To the Oakland County Board of C'oirissioners
Mr. Chairperson, Ladies and ,ent:!cmen:
WHEREAS this Board of 0cmAssioners has received a resolution from the Board of Directors
of The Economic Development Corporation of the County of Oakland designating a Project Area and '
Project District Area for a project (A.B. Heller Inc. Project) under the Economic Development
Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the 'Ace); and
WHEREAS it is necessary to confirm the appointment by the County Executive of the County of
Oakland of two additional directors to the Board of said Economic Development Corporation in '
connection with said Project, in accordance with Section 4(2) of the Act;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as
follows:
I. The appointments. of Russell B. Reader and Lucille O. Mosher, who are representative of
neighborhood residents and business interests likely to be affected by said Project, to the Boarctof
Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed '
accordance with Section 4(2) of Act No. 338 of the Michigan Public Acts of 1974, as amended. Russ,. e
B, Reader and Lucille O. Mosher shall cease to serve when the Project for which they are appointed is -
either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor.
2. All resolutions or parts thereof in conflict with this resolution are hereby repealed, (
but only to the extent of such conflict.
3. The County Clerk be and is hereby directed to provide four certified- copies of this
resolution to the Assistant Secretary of the Board of the Economic Development Corporation.
The Public Services Committee, by Richard D. Kuhn, Jr., Chairperson, moves for adoption of '
the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard D.Kuhn, Jr., Chairperson
Moved by Richard Kuhn supported by Skarritt the resolution be adopted.
AYES: Skarritt, Wilcox, Aaron, Caddell, Calandro, Crake, Doyen, Gosling, Hobart, Jensen,
R. Kuhn, S. Kuhn, Law, Luxon, McDonald, A. McPherson, R. McPherson, Moffitt, Page, Pernick, Rewold,
Rowland. (22)
NAYS: None. (0)
Resolution declared adopted.
Misc. 88255
By Public Services Committee
IN RE: Sheriff's Department DIS:e0SITI0N OF PROPERTY HELD BY SHERIFF
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentic-aen:
WHEREAS the Sheriff c Oakland County by letter of August 29, 1988, has requested
authority from this Board to dispose of recovered stolen property which has been unclaimed for six
months or more after recovery, such authority being necessary pursuant to the provisions of Act 54
of the Public Act of 1959, as amended; said recovered property to be disposed of by manner of public
auction to be held on Saturday, October 1, 1988.
NOW THEREFORE BE IT RESOLVED that authority to dispose of such unclaimed property be 'd
the same is hereby granted to the Sheriff of Oakland County, such unclaimed property to be disit d
CoMmissioners Minutes Continued. September 22, 1988 341
of in the manner prescribed in Act 54 of the Public Acts of 1959, as amended.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Jr., Chairperson
Moved by Richard Kuhn supported by Aaron the resolution be adopted.
AYES: Wilcox, Aaron, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn,
S. Kuhn, Law, Luxon, McDonald, A. McPherson, R. McPherson, Moffitt, Page, Pernick, Rewold, Rowland,
Skarritt. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Report (Miscellaneous Resolution N88174)
By Planning and Building Committee
IN RE: Public Services Committee - District Court Probation, Authorization to Implement a
Community Service Garden Project
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above referenced resolution,
reports with the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing
report.
PLANNING AND BUILDING COMMITTEE
.Anne M. Hobart, Chairperson
Report (Miscellaneous Resolution #88174)
By Personnel Committee
IN RE: Public Service Department/District Court Probation- Authorization to Implement a Community
SErvice Garden Project
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution, reports with the
recommendation that said resolution be adopted with the following amendment:
To add two additional paragraphs to the twelfth paragraph to read:
"BE IT FURTHER RESOLVED to establish a new classification titled Community Service
Officer with the salary $10.02/hour, flat rate, and to create one (1) 1,000 hour/year, part-time,•
non-eligible governmental position within this classification in the District Court Probation
Division; and
BE IT FURTHER RESOLVED that future existence of this position will be contingent upon
continuation of the Community Service Garden program."
Mr. 'Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing
report.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
Misc. 88174
By Public Services Committee
IN RE: Public Services Department - DISTRICT COURT PROBATION/AUTHORIZATION TO IMPLEMENT A
COMMUNITY SERVICE GARDEN PROJECT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the 52nd District Court Probation Division is responsible for the probation
activities ordered by the 52nd District Court Judges and administrates all activities relating to
the Community Service Program; and
WHEREAS the Court Community Service Program currently places nonviolent offenders at
nonprofit agencies as ordered by 52nd District Court Judges and Oakland County Circuit Court
Judges; and
WHEREAS the Community Service Program is responsible for interviewing, screening,
monitoring and reporting to the Judges, the progress of those defendants referred to the program;
and
WHEREAS the Community Service Program could provide the Judges with an additional
sentencing tool through the implementation of a Community Service Garden; and
WHEREAS the Judges have indicated a willingness to use the Community Service Garden as an
alternative sentence to incarceration, resulting in an increased number of jail days saved; and
WHEREAS the Division of Cooperative Extension has provided and will continue to provide
technical assistance in the garden project, through the use of their professional staff and their
Master Gardener volunteers; and
WHEREAS the Community Service Garden will result in produce which will be donated to
J4Z
Commissioners Minutes Continued. September 22,, 1988
nonprofit and tax-supported agencies with an estimated value of $13,103.00; and
WHEREAS a suitable two-acre site 'Ec located off Brown Road on County property and
the cost to prepare the garden in 1988 is esiimated at $1,000.00, with an anticipated average
annual cost of $10,797.00; and
WHEREAS this cost will be offset by revenues generated through a $10.00 per day Community ..
Service Fee (per defendant) with an anak nticipe ,-ed revenue of $5,375.00 and by the $25,908.00
estimated savings due to the number of jai Gays .7.avec; and
WHEREAS a part-time, non-eligible (i,00 hours) supervisor position will be required to
oversee and coordinate the Community Service GaAcn project.,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes to
52nd District Court Probation and Court Community Service Division to implement a Community Service
Garden on the Brown Road site.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners appropriates
-$1,000.00 in 1988 for site preparation; tulgets $9,875.00 in 1989 for the Community- Service Garden,
and creates a- 1,000 hour part-time, nop-etigiOle supervisor position.
BE IT FURTHER RESOLVED that the Public Service Committee be provided with biannual reports
regarding the Community. Service Garden by the 52nd District Court Probation and Court Community
Service Division.
Mr. Chairperson, on behalf of the Public Service Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICE COMMITTEE
Richard D. Kuhn, Jr., Chairperson
Fiscal Note
By Finance, Committee
IN RE: Public Services Committee - District Court Probation - Authorization to Implement a
Community Service Garden. Project (Miscellaneous Resolution #38174)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen
Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed Miscellaneous
Resolution #.88174 and finds:
1) The cost to prepac-e the Brown Road site for a• Community Service Garden is $1,000 in
1988, which will be funded by Cogency;
2) The 1989 start-up cost of $6,220 will be in ,Jleded in the 1989 Special Project Budget;
3) Annual program costs for a Community Service Garden are $10,875 in salary and fringes
and $3,800 in operating cost for a total budget of $14,675;
4) .. The program is anticipated to generate revenue in 1989 of $5,375 through probation---
oversite fees;
5) The balance of cost is $9,300 in 1989 and will be funded by contingency;
6) The program offers the potential for jail days not served at an estimated savings of
$25,908;
7) The estimated value of produce is. $13,103 which will be donated to non-profit agencies;
8) Funds are available and it is recommended that funds be transferred as follows:
1988 1989
Revenue BUDGET BUDGET
3-16160-174-05-0072071 Community Oversite Fees $5,375
TOTAL REVENUE $ -0- $5,375
EXPENSES
4-10160-174-05-00-1001 Salaries -0- 10,020
4-10100-174-05-00-2074 Fringes 855
4-10100-174-05-00-3574 Personal Mileage. -0- 500
4-10100-174-05-00-3779 Water Purchases -0- 700
4-10100-174-05-00-4857 Grounds. Supplies -0- 1,000
4-10100-174-05-00-6313 Land and Grounds 1,000 500
4-10100-174-05-00-6735 Insurance 1,100
4-10100-905-01-00-9900 Contingency (1,000) (9,300)
TOTAL EXPENSES. $ -0- $ 5,575
TOTAL $ -0- 1- -0-
9) Further, it is recommended that the eighth WHEkEa—EFTWEended by replacing "$10,797"
with "$14,575;
10) Further it is recommended that the first "Be it Further Resolved" be amended by re-
placing "59,875" with "$14,675".
11) The produce generated from the garden should be used first for meals served at the
Oakland. County jail, with the excess then being donated to charitable agencies
12)• The Community. Service fea of $10.00 per day charged to the: offender with rates to be
reviewed by Public Service Committee six (6) months after the start of. the program.
FINANCE COMMITTEE
C. William.. Caddell, Chairperson
Commissioners Minutes Continued. September 22, 1988 343
Moved by Richard Kuhn supported by Crake the Planning and Building Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Richard Kuhn supported by Gosling the Personnel Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Richard Kuhn supported by McDonald the resolution (with Fiscal Note attached) be
adopted.
Moved by Richard Kuhn supported by McDonald the resolution be amended as recommended in the
Personnel Committee report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution (as amended)
AYES: Aaron, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn,
Lanni, Law, Luxon, McDonald, A. McPherson, R. McPherson, Moffitt, Page, Pernick, RewoId, Skarritt,
Wilcox. (22)
NAYS: Rowland. (1)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 86256
By Health and Human Services Committee
IN RE: Institutional and Human Services-Community Mental Health -QUALITY ASSURANCE MICROCOMPUTERS
To the Oakland County Board of Commissioners
Mra Chairperson, Ladies and Gentlemen: •
WHEREAS Oakland County Community Mental Health provides 250,000 client sessions per year
which must be fully documented in order to comply with CMH clinical standards as well as with
third-party insurance regulations, which also require that documentation meet Joint Commission on
Accreditation of Health Organizations quality assurance standards; and
WHEREAS implementation of quality assurance documentation on the scale of the Community
Mental Health program is only feasible through computerization, which will also help with
accreditation of CMH services, and will prevent the loss of potential third-party, Medicaid and
Medicare revenue; and
WHEREAS computer-based quality assurance record keeping will result in improved care for
all age groups and at-risk populations, and will facilitate cooperation with other human service
providers and organizations around the County'! and
WHEREAS Oakland County Community Mental Health has committed itself to seek the highest
level of accreditation possible, and to assure that its services continually plan and execute
studies of the appropriateness and cost-effectiveness of mental health programming; and
WHEREAS the Community Mental Health Services Board has accordingly authorized a proposal
for the purchase of 12 microcomputers from a County-approved vendor, to be placed in various CMH
service sites; and
WHEREAS this acquisition of microcomputers does not in any way compromise, compete with,
or replace the services provided by the Oakland County Computer Services Division for Community
Mental Health, nor any of its intended applications, and is simply an enhancement of the exiting
CMH Management Information System; and
WHEREAS funds for the purchase of the 12 microcomputers are available within the current
Community Mental Health budget, through redirection of unexpended dollars in the current fiscal
year, and no additional County match is required; and
WHEREAS this proposal is for a one-tine expenditure, and does not obligate the County to
any future connitment;
NOW THEREFORE BE IT RESOLVED that the Oakland ,:cunty Board of Commissioners approve
redirection of $53,856 within the Community Mental Health Division budget for purchase of 12
Quality Assurance microcomputers, as recommended by the Community Mental Health 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
Susan Kuhn, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections.
344
Commissioners Minutes Continued. September 22, 1988
Misc. 88257
By Health and Human Services Committee
IN RE: Institutional & Human Services/Community Mental Health - WOODLAND HEIGHTS COMMUNITY SUPPORT
PROGRAM APPLICATION
To the Oakland- County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS there is a severe shortage of safe, adequate, supervised housing in the city of
Pontiac and throuyhodt Oakland County for mentally ill citizens, a shortage which
results in homelessn•ss for some and a perpetuation of substandard living- arrangements for many
others; and
WHEREAS fci.iel-ally subsidized apartment facilities exist in Pontiac which have vacancies and
which arejntended for chronically ill adults and other low-income groups; and
WHEREAS the City of Pootiac has proposed that the Oakland Community Mental Health Division
provide supervision and programming in the 197-unit Woodland Heights apartment building for its
mentally ill residents which would permit accepting additional clients of Community Mental Health
who are in need of permanent housing; and
WHEREAS a. proposal for such on-site supervision and programming has been developed jointly
by the City, Community Mental Health, and its Pontiac General Hospital CMH Clinic for submission
to the Michigan Department of Mental Health for funding; and
WHEREAS this proposal has been strongly endorsed by the Mayor of the City of Pontiac; and
WHEREAS the proposal envisions a model housing unit for chronically mentally ill adults
offering- furnished, federally subsidized single apartments for 80 citizens, client services
management and psychiatric supervision, a recreation and activities program for the residents, and
both on-site and off-site vocational programming; ad
WHEREAS some existing funding and staff from the CMH Case Management Unit of the Pontiac
General Hospital would be redirected into the new Woodland Heights program, and off-setting
Medicaid revenue is also projected. This results in a net new-dollar cost of $208,868 for the
program for the balance of the current fiscal year (October-December), requiring County match in
the amount of $20,887; and $761,070 on a full-year basis in 1989, requiring County match of
$70,101.
NOW THEREFORE BE IT RESOLVED that the Oakland County. Board of Commissioners approves the
Woodland Heights Community Support Program application as recommended by the Community Mental
Health Services Board.
BE IT FURTHER RESOLVED that Community Mental Health provide .a full repert to the Health
& Human Services Committee after one year.
Mr. Chairperson, on behalf of the Health & Human Services Committee, I move the adoption
of the foregoing resolution.
HEALTH & HUMAN SERVICES COMMITTEE
Susan G. Kuhn, Chairperson
Report to the Health & Human Services Committee
By Finance Committee
IN RE: Institutional and Human Services/Community Mental Health - Wtiodland Heights Community
Support Program Aeplication
In acco•aec2. with Miscellaneous Resolution #86186, Revised Federal and State Grant
application and Reimbursement Contract Procedures, the Finance Committee has reviewed the
application for the Woodland Heights Community Support Program and finds:
1) This is a proposal to the Michigan Department of Mental Health for supervised
apartment housing for chronically mentally ill adults;
2) The proposal has been developed jointly by the City of Pontiac, Community Mental
Health, and the Pontiac General Hospital CMH Clinic;
3) The program is expected to be approved by the State for the fiscal year beginning
October 1, 1988;
4) Full year cost for the program is $969,273 which would be funded by reappropriation of
costs associated with the current CMH Case Management Program at Pontiac General Hospital, Medicaid
revenue, 90% State match, and 107, County match per the attached schedule;
5) The, total program would be contracted with Pontiac General Hospital, therefore, no
additional County personnel are required;
6) Application or acceptance of the contract does not obligate the County to any future
commitment.
Mr. Chairperson, on behalf of the Finance Committee, I move the acceptance of the
foregoing report.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Susan Kuhn supported by Rowland the resolution (with positive Fiscal Note
attached) be adopted.
Commissioners Minutes Continued. September 22 1 1988 345
AYES: Caddell, Calandro s Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni,
Law, Luxon, A. McPherson, R. McPherson, Moffitt, Page, Pernick, Rewoid, Roland, Skarritt, Wilcox,
Aaron. (22)
NAYS: None. (0)
A sufficient majority havinc voted therefor, the resolution was adopted.
Report (Miscellaneous Resolution #88258)
By Personnel Committee
IN RE: Community Mental Health - CREATION OF CMH PLANNING AND EVALUATION ASSISTANT CLASSIFICATION
AND RECLASSIFICATION OF TWO POSITIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution, reports with
the recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing
report.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
Misc. 88258
By Health and Human Services Committee
IN RE; Institutional and Knman Services-Community Mental Health - CREATION OF COMMUNITY MENTAL
HEALTH - PLANNING AND EVALUATION ASSISTANT CLASSIFICATION AND RECLASSIFICATION OF TWO POSITIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Community Mental Health has contracted with Computer Services division for the
eevelopment of a Management Information System to more effectively and efficiently administer
mental health services and programs; and
WHEREAS this system is currently in place and operational in Community Mental Health
programs and a number of contracted agencies; and
WHEREAS implementation of the system has resulted in expansion of the planning and
evaluation function and has impacted the job duties of related positions; and
WHEREAS the Personnel Department has reviewed two positions and recommends their
reclassification at this time.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
following personnel actions related to Community Mental Health's planning and evaluation functions:
1. To create a new classification titled Community Mental Health - Planning and
Evaluation Assistant at salary grade 7, regular overtime.
2. To reclassify a Clerk III position (#05330) in the Administration unit of Community
Mental Health to this new classification.
3. To reclassify a vacant position (#01716) in the same unit from Program Specialist II
to Program Evaluation Analyst.
Mr. Chairperson, on behalf of Health and Human Services Committee, I move the adoption of
the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
Susan G. Kuhn, Chairperson
The Chairperson referred the resolution to the Finance Committee. There were no
objections. ,
Report (Miscellaneous Resolution #88201)
By Personnel Committee
IN RE: Community Mental Health - Revenue Enhancement
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced resolution, reports with the
recommendation that the resolution be adopted with the following amendments:
1) That references to "Revenue Officer" be changed to "Accountant III".
2) That the following be added to the resolution as a last paragraph:
BE IT FURTHER RESOLVED that one (1) governmental position of Account Clerk I be added
to the Counseling and Evaluation Unit of Mental Health Retardation Services, one (1) governmental
position of Account Clerk I be added to. the Case Management Services Unit of Mental Illness Adult
Services,, and one (1) governmental position of Accountant III be added to the Community Mental
Health Operations Unit in Administration.
Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing resport.
PERSONNEL COMMITTEE
John P. Calandro, Chairperson
1988
-0- $: --
1989
$nTOTO
65,843
$85,841
346
Commissioners Minutes Continued. September 22, 1988
Misc. 88201
By Health and Human Services Committee
IN RE: Community Mental Health - Revenue Enhancement (County -Operated Prognat Expansion)
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the increasing demands of County citizens for Community Mental Health Services,
coupled with the constraints of State and local government in providing substantial new funding for
these services, make it imperative that the ComMunity Mental Health Division maximize Federal and
third-party revenues, especially Medicaid; and
WHEREAS recent changes in Medicaid coverage have greatly increased potential
reimbursements for Community Mental Health programs, but in order to realize these revenues the
Division Ust organize and carry out a highly technical, ongoing process of establishing client and
service eligibility, and generating appropriate charges; and
WHEREAS for this purpose tne Cnnzninity Mental Health Services Board has proposed the
addition of a Re-Verne' Officer and: tue Account Clerks I to its staff; and
WHEREAS the Michigan Enpainnitent of Mental Health, though strongly in support of seeing
these positions added to Oakland Cnmintinity Mental Health, has no funds available for this purpose;
and
WHEREAS the Community Mental Health Services Board accordingly proposes that the three new
positions be funded temporarily with 100% County dollars, with the understanding that this funding
is temporary, and the cost of the positions after three months will be offset through the
additional revenue generated; and
WHEREAS this additional revenue to be realized from billable services is estimated at
$300,000 per year, which would more than offset the $85,843 annual cost of the three requested
pbsitions, and the balance can be used to enhance Community Mental Health services to the public;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
addition of a Revenue Officer and two Account Clerks I to the Community Mental Health Division, and
approve funds in the amount of $24,461 in support of the positions for the period October 1 -
December 31, 1988, with the stipulation that the positions will,be supported beyond that time only
through enhanced Federal and third -party revenues to the Division, or they will be eliminated.
Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the adoption
of the foregoing resolution.
HEALTH AND HUMAN SERVICES COMMITTEE
Susan Kuhn, Chairperson
n.
2) The positions will be used to maximize Federal and third-party reimbursement,
particularly Medicaid;
3) Additional revenue resulting from these position's has been estimated by Community
Mental Health to be $300,000 per year;
4) The annual cost of these positions is $85,843;
5) The additional revenue will be used to fund the annual cost of the nOW positions first
and the balance thereafter will be used to fund Community Mental Health services; ,
6) For the period October 1 - December 31,1988, the positions will be funded temporarily
with 100% County dollars, and the cost of the positions after those three months will be fully
funded by the additional revenue generated or the positions will be eliminated;
7) The resolution shcald be amended by adding the following paragraph:
BE IT FURTHER RESOLV:1:, that Community Mental Health report to the Finance Committee by
July 1, 1989, to determine whetAnr the expected level of additional revenue has been realized."
8) The 1988/89 Budget should be amended as follows:
Fiscal Note
By Finance Committee
IN RE: Community Mental Health - Revenue Enhancement (County Operated Program Expans
(Miscellaneous Resolution #88201)
To the Oakland County Board of Commissioners
Mr, Chairperson, Ladies and Gentlemen: ,
Pursuant to Rule XI-G of this Bbard, the Finance Committee has reviewed Miscellaneous
Resolution 4.88201 and finds:
1) The progratti adds three poSitibhS to the COMMUnity Mental Health Division: one (1)
Accountant III and two (2) Account Clerks I;
Revenues
3-22200 -1.66-01700 -2j36 Estimated Fee Income'
3-22200 -166 -01-00-2528 Estimated. Medicaid Acimb,
Expenditures
2 41- ..-01 -00-1001
4-22200 -166 -01-00-2074
4-22200-166 -01-00-5998
4-22200-166 -26-00-1001
4-22200-166 -26-00-2074
4-22200-166 -26-00-5998
Salaries Appropriation
Fringe Benefits Approp,
Capital Outlay Approp.
Salaries Appropriation
Fringe Benefits Approp.
Capital Outlay Approp.
$7,052
2,815
1,000
4,144
1,653
1,000
$28,210
11,257
-0-
16,575
6,613
-0-
22200 -166 2
LYNN D. ALLEN
Clerk
ROY REWOLD
Chairperson
Commissioners Minutes Continued. September 22, 1988 347
Expenditures Continued
4-N00-1;6-5--6417-TICIT Salaries Appropriation $ 4,144 $16,575
4-22200-166-35-00-2074 Fringe Benefits Approp. 1,653 6,613
4-22200-166-35-00-5998 Capital Outlay Approp. 1,000 -0-
$24,46i 1$5,843
4-10100-909-01-00-9900 Contingency Appropration (100%
County Match) $(24,461) $ -0-
S -0- $ -0-
9, As additional revenue is realized beyond the amount required to fund the new
positions, budget amendments will be proposed by Community Mental Health for program services;
10) Additional operating expenses will be absorbed by the existing Community Mental Health
budget.
FINANCE COMMITTEE
G. William Caddell, Chairperson
Moved by Susan Kuhn supported by Crake the Personnel Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Susan Kuhn supported by Jensen the resolution (with positive Fiscal Note
attached) be adopted.
AYES: Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Law,
Luxon, McDonald, A. McPherson, R. McPherson, Moffitt, Page, Pernick, Rewold, Rowland, Skarritt,
Wilcox, Aaron. Caddell. (23)
NAYS°. None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
In accordance with Rule XXII, the following referrals were made by the Chairperson:
FINANCE
a. HCMA-Revised 1988 Huron-Clinton Metropolitan Authority Tax Levy (Form L-4029)
GENERAL GOVERNMENT
a. qtelA - Presentation Request
b. Saginaw County - State Funding Increase to Meet New Juvenile Mandates
HEALTH & HUMAN SERVICES
a. saginaw County-State Funding Increase to Meet New Juvenile Mandates
PLANNING & BUILDING
-------a-77-FITTWaste -Camp, Dresser & McKee Cost Estimate for Phase I-A
b. Department of Natural Resources-Incinerator Ash
PUBLIC SERVICES
a. City of Rochester Hills-Additional Patrol Investigator
b. U.S. Department of Labor-ALJ Case No. 84-CTA-177 Demand for Payment
TRANSPORTATION
a. SEMTA-PPesentation Request
b. Michigan Department of Transportation-Distribution of $25 MUR Fee
OTHERS
Board Chairman & All Committee Chairmen
a. Thomas J. Bulger-Washington Report for the Week of August 26, 1988
Solid Waste Task Force
a. Department of Natural Resources-Incinerator Ash
Management & Budget
a. Michigan Department of Treasury-Equalization-Industrial Facilities Exemption Over 5%
SEV, Automotive Components Inc., City of Auburn Hills
There were no objections to the referrals.
The next meeting of the Board will be October 13, 1988 at 9:30 A.M.
The Board adjourned at 10:40 A.M.