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HomeMy WebLinkAboutMinutes - 1983.02.03 - 7306OAMAND COUNTY Board Of Commissioners MEETING February 3, 1383 Meeting called to order by Chairperson Richard R. Wilcox at 9:44 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Invocation given by William J. Foley. Pledge of Allegiance to the Flag. Roil called. PRESENT: Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart. Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Rewold, Wilcox. (2h) ABSENT: Geary, Page, Price, (3) Quorum present. Moved by Perinoff supported by Nelson the minutes of the previous meeting be approved as printed. AYES: McConnell, McPherson. Moffitt, Moore, Nelson, Perinoff, Pernick, Rewold, Wilcox, Caddell, Calandra Doyen, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Law. (20) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. Moved by Olsen supported by Pernick the agenda be approved. A sufficient majority having voted therefor, the motion carried. Clerk read a thank you from John and Peggy Calandro. (Placed on file) Clerk read letter from Chairperson Richard R. Wilcox announcing the appointment of the following individuals to the Oakland County Emergency Medical Services Council HOSPITAL REPRESENTATION - Edward Barter, Bernard W. Bigley, M.D., Alan Sar, D.O., Joseph L. Schlrle, Jr., M.D., David Malicke, D.O., Jody W. Schottenfeis, Karen Payne, Kenneth H. Fish, Jr., Pharm. D., Rosetta Nicalse, R.N. FIRE DEPARTMENT REPRESENTATION - Donald Hoskins POLICE DEPARTMENT REPRESENTATION - Lewis M. Doyle PUBLIC SAFETY REPRESENTATION - Charles Tice COMMUNICATIONS REPRESENTATION- William S. Nelson BOARD OF COMMISSIONERS - Susan Kuhn (Nancy McConnell, Alternate), Betty Fortino (Walter Moore, Alternate) EMERGENCY DEPARTMENT NURSES ASSOCIATION - Greg Webb, R.N. CONSUMER REPRESENTATION - Charlotte DeRoven, Arthur Molnar, Richard H. Frye MUNICIPAL ALS SERVICES - Gary V. Whitener, Charles Lindeberg, Rollin G. Tobin, Wendall Trager, Donald Richardson PRIVATE AMBULANCE SERVICES - Gregory Beauchenin, Floyd Miles, Jr., John T. Early, James M. Shortt, F. Richard Rudlaff BASIC LIFE SUPPORT SERVICES - Robert Gillespie Moved by Moore supported by Nelson the appointments be confirmed. 10 11 Commissioners Minutes Continued. February 3, 1983 AYES: McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Perrick, Rewold, Wilcox, Caddell, Calandra, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law McConnell. (22) NAYS: None- (0) A sufficient majority having voted therefor, the appointments were confirmed. Clerk read letter from Chairperson Richard R. Wilcox announcing the appointments of Marilynn E. Gosling, Marilyn Mazeli, John Peterson, Betty. Schnelz and Edward Wallon, Ph.D., to serve on the Care Facility Advisory Council for terms ending January I, 1985. Moved by Nelson supported by Foley the appointments be confirmed. A sufficient majority having voted therefor, the appointments were confirmed. Clerk read letter from Chairperson Richard R. Wilcox announcing the reappointments of Betty Fortino and G. William Caddell, D.C. to two-year terms on the Computer User Advisory Council. Moved by Rewold supported by Doyon the appointments be confirmed. A sufficient majority having voted therefor, the appointments were confirmed. Clerk read resolution from Eaton County regarding the state takeover of the courts. (Referred to General Government Committee) Clerk read letter from Schoolcraft College regarding summer school taxes. (Referred to General Government Committee) Jim Daw of Waterford Township requested to dress the Boa Misc. 83003 By Dr. Caddell IN RE: AWARD OF CONTRACT - LAW LIKRARY EXPANSION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution 1182195 of July 22, 1982, the Board of Commissioners authorized the County Executive's Department of Central Services to receive bids for the General Construction Trades, Mechanical Trades and Electrical Trades for the Law Library Expansion: and WHEREAS in accordance with bidding procedures established by this Board, bids were re- ceived and opened on January 25, 1983 for Construction, Mechanical and Electrical Trades; and WHEREAS the County Executive's Department of Central Services has reviewed all bids sub- mitted and recommends the lowest bidder, General-Electrical-Mechanical, Incorporated, of Milford, Michigan, the construction, mechanical and electrical work in the amount of $9,785; and WHEREAS administrative expenses are estimated at $465 and a $1,150 contingency should be provided; and WHEREAS total construction, mechanical and electrical work is estimated to be $11,400; and WHEREAS Miscellaneous Resolution #82195 appropriated $21,690 for carpeting and miscellaneous costs for said project; and WHEREAS total project cost is estimated to be $33,090; and WHEREAS funding for the Law Library Expansion is provided in the 1383 Capital Improvement Program. NOW THEREFORE BE IT RESOLVED as follows: 1) That the contract proposal of General-Electrical-Mechanical, Incorporated, of Milford, Michigan, in the amount of $9,785, be accepted and the contract awarded in concurrence with the Planning and Building Committee recommendations. 2) That funds be provided in the amount of $11,400 to cover the remaining project cost. 3) That the Chairperson of the Board of Commissioners be and hereby is authorized and directed to execute a contract with General-Electrical-Mechanical, Incorporated, of Milford, Michigan on behalf of the County of Oakland. 4) That this award shall not be effective until the awardee has been notified in writing by the County Executive's Department of Central Services, Facilities Engineering Division. 5) That pursuant to Rule XI-C of this Board, the Finance Committee finds $11,400 available in the 1983 Capital Improvement Program - Miscellaneous Remodeling. ' 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 Perinoff the resolution be adopted. Commissioners Minutes Continued. February 3, 1983 12 AYES: Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Remold, Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson. (21) NAYS: None. (.0) A sufficient majority having voted therefor, the resolut(on was adopted. Misc. 83004 By Dr. Caddell IN RE: ACCEPTANCE OF THE 1983 COOPERATIVE REIMBURSEMENT GRANT - FillFHD OF THE COURT To the Oakland County Board ot Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution OW requires the Einance Committee ti) review acceptance of all grants that vary less than ten (10) percent from the grant application; .••id WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #82380 authorized the application for the continuation of the Cooperative Reimbursement Program - Friend of the Court; and WHEREAS the Finance. Committee has reviewed said program as approved by the State. of Michigan, Department of Social Services, and finds the grant program award for 51,528,689 varies less than ten 001 percent from the Si,608,926 in the grant application and covers the period of January 1, 1983 through December 31, 1983; and WHEREAS the total funding for the grant is $1,528,689, of which $1,115,924, or seventy- three (73) percent is State funded and $412,765, or twenty-seven (27) percent is County funded, consisting of $287,772 in salaries and fringe benefits, $104,922 in soft match contribution to the program, and $20,071 in operating costs representing the County cash contribution; and WHEREAS the County cash contribution is available as follows: 312-01-00-33130 F.O.C. 1983 Grant Match $10,006 998-02-00-9998 Federal Project Match 10,065 $2'6,67d- NOW THEREFORE BE IT RESOLVED that the Oakland County- Board of Commissioners accept the 1983 Cooperative Reimbursement Program Grant - Friend of the Court as awarded, in the amount of $1,28,689 and that the Chairperson of the Board of Commissioners be and is hereby authorized to execute said grant contract. BE IT FURTHER RESOLVED that pursuant to Rule XI-C of this Board, that the Finance Committee finds it is necessary to appropriate $10,065 from the Non-Departmental Federal Project Match Account. BE IT FURTHER RESOLVED that the Board of Commissioners appropriates $10,065 from the 1983 Federal Project Match Account and transfers said amount to the 1983 Friend of the Court Grant Match line item as follows: 990-02-00-9998 Federal Project Match $(10,065) 312-01-00-3380 F.O.C. - Grant Match 10,065 22 - 0 BE IT FURTHER RESOLVED that the future level of service shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE C, William Caddell, Chairperson Copy of Agreement on file in County Clerk's Office. Moved by Caddell supported by Perinoff the resolution be adopted. AYES: Moore, Nelson, Olsen, Perinoff, Pernick, Wilcox, Aaron, Caddell, Calandra, Doyon, Foley, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83005 By Dr. Caddell IN RE: ACCEPTANCE OF 1983 COOPERATIVE REIMBURSEMENT GRANT - PROSECUTOR'S OFFICE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #8I45, revised Federal and State Grant Procedures, requires the Finance Committee to review all grant acceptances that vary less than 10% from the original Grant Application; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution 82356 authorized the application for the Cooperative Reimbursement Grant Renewal - Prosecutor's Office; and WHEREAS funds for continuation of the Cooperative Reimbursement Grant - Prosecutor's Office for the period January i, 1983 through December 31, 1983, is in the amount of $542,178 which 13 Commissioners Minutes Continued. February 3, 198; varies less than IV, from the S581,654 grant application: and WHEREAS of the $542,178, $464,582 (85.72) is State of Michigan funded and $77,596 (14.3* is County funded, consistent with the attached schedule; and WHEREAS the Prosecutor's Office requests continuation of the Cooperative Reimbrusement Program for the period January !, 1983 through December 31, 1983. NOW THEREFORE BE ET RESOLVED that the Oakland County Board of Commissioners accept the Cooperative Reimbursement Grant - Prosecutor's Office for the period January 1, 1983 through December 31, 1983, in the amount of 5542,178. BE IT FURTHER RESOLVED that pursuant to Rule. XI-C of this Beard, the Finance Committee finds the County share for this grant award is $77,596, of which $8,550 is soft match contributions, $27,485 Salary and Fringe Benefit costs provided in the 1983 Prosecutor's Budget and $41,557 is cash contribution provided for in the 1983 Budget as follows: 998-02-00-9598 Federal Project Match $14,607 411-01-00-3230 Paternity Blood Test 21,750 411-01-00-3380 Grant Match 5,200 Total Fi iE7 BE IT FURTHER RESOLVED that the Board of Commissioner's appropriates S14,607 from the 1983 Federal Project Match and transfers said funds to the 1983 Prosecutor's Grant Match line-item. BE It FURTHER RESOLVED that the future level of service shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. Wiliam Caddell, Chairperson Copy of Agreement on file in County Clerk's Office. Moved by Caddell supported by McPherson the resolution be adopted. AYES: Nelson, Olsen, Perinoff, Pernick, Rewold, Wilcox, Aaron, Caddell, Calandro, Eloyon, Foley, Jackson, R. Kuhn, S. Kuhn, Lanni, McConnell, McDonald, McPherson, Moffitt. (19) NAYS: Moore. (1) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83006 By Dr. Caddell IN RE: SUBSTANCE ABUSE GRANT ACCEPTANCE - OCTOBER 1, 1582 THROUGH SEPTEMBER 30, 1983 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution 78145 requires the Finance Committee to review acceptance of all grants that vary less than ten (10) percent from the original grant application; and WHEREAS Miscellaneous Resolution 782322 approved the grant application to the Michigan Department of Public Health, Office of Substance Abuse Services in the amount of $1,516,382 for the period October 1, 1982 through September 30, 1983; and WHEREAS the grant award is in the amount of $1,516,382, which is 100% funded from the Michigan Department of Public Health, Office of Substance Abuse Services; and WHEREAS acceptance of this grant does not obligate the County to any further commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize and accept the Substance Abuse Grant in the amount of $1,516,382. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby authorized to execute said grant contract. BE IT FURTHER RESOLVED that the Chairperson of this Board is hereby authorized to approve minor changes and grant extensions, not to exceed a ten percent variance, which are consistent with the grant as approved. BE IT FURTHER RESOLVED that this grant contract has been reviewed and approved as to form by the Office of Corporation Counsel. Mr. Chairperson, on behalf of the Finance Committee, 1 move the adoption of the foregoing resolution, FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Agreement on file in County Clerk's Office. Moved by Caddell supported by Per inoff the resolution be adopted. AYES: Olsen, Perinoff, Pernick, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, McPherson, Moffitt, Moore. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. February 3, 1983 Misc. 83007 By Dr. Caddell IN RE: ACCEPTANCE. OF HYPERTENSION GRANT - OCTOBER 1, l982 THROUGH SEPTEMBH 30, T983 To the Oakland County Board of Comissioners Mr. Chairperson, Ladles and Gentlemen: WHEREAS Miscellaneous Besot t. ion 118145 require ,. the Fiaanco Committee to review acceptance of all grants that vary less than ten 00) percent from the original grant application; and WHEREAS the Oakland County board of Commissioners by Miscellaneous Resolution 1182303 authorized the application for Hypertension Control Grant Program in the amount of $59,604 for the time period October I, 1982 through September 30, 1983; and WHEREAS the Finance Committee has reviewed Sr id grant as approved by the Michigan Depart- ment of Public Health and finds the grant award in the amount of $59,364 or $240 (.4%..) less than the original grant application for the period October 1, - September 30, 1983; and WHEREAS said program is 100% funded by the St. .e. and application or acceptance of the grant does not obligate the County to any future commitimiont. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the Hypertension Grant in the amount of 5597364. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby authoriz.d to execute said grant contract. BE IT FURTHER RESOLVED that the Chairperson of this Board is hereby authorized to approve minor changes and grant extensions, not to exceed a ten percent variance, which are consistent with the grant as approved. BE IT FURTHER RESOLVED that this grant contract has been reviewed and approved as to form by the Office of Corporation Counsel. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson -Cepy.of Agreement on .fife in County Clerk's Giffice. Moved by Caddell supported by Rewold the resolution be adopted. AYES: Perinoff, Pernick, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83008 By Dr. Caddell IN RE: VENEREAL DISEASE CONTROL GRANT ACCEPTANCE - OCTOBER 1, 1982 THROUGH JUNE 30, 1983 To the Oakland County board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution 118145 requires the Finance Committee to review acceptance of all grants that vary less than ten (10) percent from the original grant application; and WHEREAS Miscellaneous Resolution #82337 authorized the grant application to the Michigan Department of Public Health, Venereal Disease Division in the amount of $36,000 for the period October 1, 1982 through June 30, 1983; and WHEREAS the grant award is in the amount of $36,000, which is 100% funded from the State; and WHEREAS the grant award is for the period October 1, 1982 through September 30, 1983; and WHEREAS the Michigan Department of Public Health, Venereal Disease Division has indicated in the attached letter to anticipate an additional appropriation of $12,000 for the period July 1, 1983 through September 30, 1983; and WHEREAS application or acceptance of this grant does not obligate the County to any further commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize and accept the Venereal Disease Control Grant in the amount of $36,000. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby authorized to execute said grant contract. BE IT FURTHER RESOLVED that the Chairperson of this Board is hereby authorized to approve minor changes and grant extensions, not to exceed a ten percent variance, which are consistent with the grant as approved. BE IT FURTHER RESOLVED that this grant contract has been reviewed and approved as to form by the Office of Corporation Counsel. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson 111 15 Commissioners Minutes Continued. February 3, 1983 Copy of Agreement on file in County Clerk's Office. Roved by Caddell supported by Nelson the resolution be adopted,. AYES: PernicE, Rewold, Wilcox, Aaron, Caddeil, Calandro, Doyon, Foley, Fortino, Gosling, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olen, Perinoff. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83009 By Dr. Caddell IN RE: ACCEPTANCE OF E.P.S.D,T. (EARLY PERIODIC SCREENING, DIAGNOSIS AND TREATMENT) GRANT OCTOBER 1, 1982 - SEPTEMBER 30, 1983 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Ge,ntiemen: WHEREAS Miscellaneous Resolution #8145 requires the Finance Committee to review acceptance of all grants that vary less than ten (13) percent t'rom the .original grant application; and WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #82275 authorized the application of the F.P.S.D.T. Grant Program in the amount of $605,236 for the time period October 1, 1982 through September 30, 1983; and WHEREAS the Finance Committee has reviewed said grant as approved by the Michigan Depart- ment of Public Health and finds the grant award in the amount of $565,358 or $39,878 (6.82) less than the original application for the same time period; and WHEREAS said program is lOn funded by the State, and .application or acceptance of the grant does not obligate the County to any further commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the E.P.S.D.T. Grant in the amount of $565,358, BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby authorized to execute said grant contract. BE IT FURTHER RESOLVED that the Chairperson of this Beard is hereby authorized to approve minor changes and grant extensions, not to exceed a ten percent variance, which are consistent with the grant as approved. BE IT FURTHER RESOLVED that this grant contract has been reviewed and approved as to form by the Office of Corporation Counsel. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Agreement on file in County Clerk's Office. Moved by Caddell supported by Fortino the resolution be adopted. AYES: Rewold, Wilcox, Aaron, Caddell, Calandra, Doyon, Foley, Fortino, Gosling, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Moved by Gosling supported by Perinoff the rules be suspended for immediate consideration of the resolution on INFANT HEALTH PROMOTION GRANT APPLICATION AND ACCEPTANCE AYES: Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Rewold. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. REPORT TO THE HEALTH AND HUMAN RESOURCES COMMITTEE By Finance Committee, G. William Caddell, Chairperson IN RE: INFANT HEALTH PROMOTION GRANT APPLICATION AND ACCEPTANCE The Finance Committee has reviewed the proposed grant and finds: 1) This is a new grant and program and is for the application and acceptance due to the time constraints, 2) The grant covers a twenty-one (21) month period from January 1, 1983 through September 30, 1984, Comfaissioners Minutes Continued. February 3, 1983 lb 3) Funding is in the amount of ..,1i7.00(: : 1' which 100% is State funded, 4) Thu grant application and award de •ile:me :102„:743 as rlare, S44,501 as Fringe Benefits, $22,667 as operating eotens.s arid .ndirect Costs. A complete cost breakdown and comparison is provide-In the attdched sehed 5) Application or acoopterh_e of the giant not obligate the County to any further commitments. Mr. Chairperson, on behall of the Finance. Committee, I recommend acceptance of the foregoing report: and referral of the information contained therein to he Health and Human Resources Committee in accordance with Miscellaneous Resolution #8145 - Revised Federal and State Grant Application Procedures. FINANCE COMMITTEE G. William Caddell, Chairperson REPORT By Personnel Committee - John J, McDonald, Chairperson IN RE: INFANT HEALTH PROMOTION GRANT APPLICATION AND ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the Health and Human Resources Committee Resolution entitled, Infant Health Promotion Grant Proposal, reports with the recommendation that the resolution he adopted with the following amendments: 1) that the second WHEREAS read, "WHEREAS the Michigan Department of Public Health has identified Pontiac. City in Oakland County as one of the ten cities in Michigan with the highest infant mortality rate; and" and 2) that the resolution include the language,"the positions will terminate at the conclusion of the grant." Mr. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report, • PERSONNEL .COMM1T1'EE John J. McDonald, Chairperson Mist, 33010 By Mrs, Gosling IN RE: INFANT HEALTH PROMOTION GRANT PROPOSAL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Public Health has been awarded funding by the legislature as a part of redistribution of Maternal and Child Health Block Grant funds because Michigan is one of the states which contributes excessively to the incidence of infant mortality in the United States; and WHEREAS the Michigan Department of Public Health has selected ten (10) areas in the state based on a three (3) year average of infant death rates that identified those with the highest rates of which one is the City of Pontiac: and WHEREAS the Michigan Deportment of Public Health has requested that the lead agency for implementing a demonstration project in Pontiac be the Oakland County Health Division; and WHEREAS the grant period is January 1, 1983 through September 30, 1984: and WHEREAS due to the short-lead time required to begin this program, the Health Division is requesting authorization to both apply for and accept subject grant. NOW THEREFORE BE IT RESOLVED that the Oakland County . Board of Commissioners authorizes the application and acceptance of the Infant Health Promotion Grant in the amount of S177,000 for the period January I, 1983 through September 30, 1984. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby authorized to execute said grant contract. BE IT FURTHER RESOLVED that in accordance with the grant procedures, the Chairperson of this Board is hereby authorized to approve minor changes and grant extensions, not to exceed a ten percent variance, which are consistent with the grant as approved. Mr, Chairperson, on behalf of the Health and Human Resources Committee, I move the adoption of the foregoing resolution. HEALTH AND HUMAN RESOURCES COMMITTEE Marilynn E. Gosling, Chairperson Moved by Gosling supported by Perinoff the reports be accepted. A sufficient majority having voted therefor, the motion carried. Moved by Gosling supported by Moore the resolution be amended to include the amendments recommended in the Personnel Committee Report. A sufficient majority having voted therefor, the motion carried. 17 Commissioners Minutes Continued. February 3, 1983 Moved by Gosling supported by Per/inert' the resolution, as amended, be adopted. AYES. Caddeli, Calandra, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Rernick, Rewold ; Wilcox, (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 83011 By Mrs. Gosling IN RE: COMMUNITY MENTAL HEALTH GERIATRIC OUTPAIJENT SERVICE PROPOSAL To the Oak/and County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Community Mental Health Services Board has been invited by the Michigan Deportment of Mental Health to submit a proposal for a comprehensive geriatric outpatient. service to meet the mental health needs of our growing population of elderly eIti2ens in the County; and WHEREAS the Community Mental Health- Services Board has prepared a detailed program and budget proposal for this "Oakland County Geriatric Mental Health Service" which has been reviewed by your Committee; and WHEREAS such a program could be effectively integrated with other Community Mental Health services to provide a continuum of public mental health treatment for older parsons with psychiatric problems; and WHEREAS creation of an Oakland County Geriatric Mental Health Service would demonstrate. the strong commitment of the County and Community Mental Health Board to the specific. needs of elderly citizens, who are at present very much underserved by the Community Mental Health system; and WHEREAS approval of five and cne-half additional FTE positions proposed for the Geriatric Mental..Health..Service..would allow. the Community . Mentl Health Services. Board tc.recall...some staff . who have been laid off due to State budget cuts in other areas and/or forestall additional layoffs which may otherwise. be necessary. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize creation of an "Oakland County Geriatric Mental Health Service" as proposed by the Community Mental Health Services Board, including the requisite County- matching funds and five, and one-half additional FTC positions, effective April 1, 1983 and subject to final approval of 90 State of Michigan funding for the program. BE IT FURTHER RESOLVED that this program is contingent upon the availability of existing budgeted County match for Community Mental Health programming, Mr. Chairperson, on behalf of the Health and Human Resources Committee, I move the adoption of the foregoing resolution. HEALTH AND HUMAN RESOURCES COMMITTEE Marilynn F. Gosling, Chairperson Moved by Gosling supported by Perinoff the resolution he adopted. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 83012 By Mrs. Gosling IN RE: AMENDMENT TO SANITARY CODE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sanitary Code Appeal Board was established pursuant to Article V, Section I, of the Oakland County Sanitary Code; and WHEREAS said Appeal Board consists of five (5) members, one of whom is required to be a person licensed to practice medicine as an M.D. (237 PA 1899) or as a D.O. (162 PA 1903); and WHEREAS there is no statutory requirement or direction as to how the Board of Appeals is created nor the make-up of said Board; and WHEREAS the Board of Commissioners is desirous of eiimrnating the requirement that one member of the Board of Appeals be a person licensed to practice medicine; and WHEREAS the present time requirement of thirty (30) days for scheduling a meeting on a Sanitary Code Appeal has proven difficult in many instances, NOW THEREFORE BE IT RESOLVED that Article V, Section 1, of the Oakland County Sanitary Code is amended to read as Follows; "ARTICLE V - APPEAL BEFORE THE SANITARY CODE APPEAL BOARD Section 1 - The Oakland County Sanitary Code Appeal Board shall consist of five M-members -- not more than three (3) members shall be of the Oakland County Board of Commissioners' committee assigned the liaison with the Health Division, with no more than two (2) of those members from any one political party; the remaining members shall be non-governmental citizens. All Commissioners Winutes, Continued. February 3, 1983 IS members are to be appointed by th(.,. Chairperson of to L5.lJi '.:..,.-qiistioners with approval of the Board of 501MIS',i0flP•. in he shail be appointed or a torIendinq tkvo aku::.irted fir a term en(“1,9 ?I, 11:16, and Jwi.3 ors.iiistrs appointed for la -m ending December 3, 1977. ThEstaftsr.. each member shtll lm, appointed (Jrf a tem of three (3) years. Each term shall expire. at midnigb . December 31, but each aleinber shall held office until his successor is appoirm BE. IT FURTHER RESOLVED that Article V. Section 2, of U3klan,J County Sanitaf.y Code is amended to read as follows: "ARTICLE V - APPEAL BEFORE THE CODE APPEA tfBKE.O .Seetion_2 . - The Sanitary Code Appeal Board shall mddt within form.i-Lve T4Tidast rde filino of an appeal. The Board of Appeals shall decide all •pieHls filed to this Article. and may (1) issue the permit without conditions, (.l) issue the permit with conditions; or (3) up- hold the denial of the permit.' Mr. Chairperson, on Celia if of the Heel ft and Human Resoarces CommEttae, I noire the adoption of the foregoing resolution. Moved by Gosling supported by McPherson the resolution he adopted, AYES; Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Rewold, Wilcox, Aaron, Caddell, Calandro. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was Acpted. The Chairperson stated he had received a letter of resignaton from Joseph R. Montarte, M.D. as a member of the Sanitary Code Appeal Hoard. He further stated he NOS appointing Ronald H. Cooley and harry Howet . as members of the Sanitary Code. Appeal -Board for terms ending December 31,-1985- E • and Marilynn U. Gosling to replace Joseph R. Mcintante, M.D., whose term ends December 31, 1983. Moved by McConnell supported by Nelson the resignation of Dr. Montante be accepted and the appointments of Ronald H. Cooley, Harry Howes and Marilynn F. Gosling be confirmed. • A sufficient majority havind voted therefor, the resignation of Dr. Montante was accepted and the appointments of Ronald H. Cooley, Harry Howes and Marilynn E. Gosling were confirmed. Misc. 83013 By Mrs, Gosling IN RE; 1983 SANCTUARY FUNDING - 198$ DISBURSEMENT AGREEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Sanctuary provides shelter, counseling and crisis intervention services for runaway youths and is the only such program in Oakland County; and WHEREAS the Health and Human Resources Committee recommends that the work of the Sanctuary continue to be supported in part by Oakland County; and WHEREAS the Oakland County Board of Comissioners has previously approved inclusion of $7,500 in the 1983 budget for support of the Sanctuary's programs.. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commiss;Dners authorize disbursement of up to S7,500 to the Sanctuary in accordance with the attached agreement between the Sanctuary and the Oakland County Juvenile Division with the understanding that the rate may be changed to reflect increased costs. Mr. Chairperson, on behalf of the Health and Human Resources Committee, 1 move the adoption of the foregoing resolution. HEALTH AND HUMAN RESOURCES COMMITTEE Marilynn E. Gosling. Chairperson HEALTH AND HUMAN RESOURCES COMMITTEE Marilynn E. Gosling, Chairperson Copy of Agreement on file in County Clerk's Office, Moved by Gosling supported by Jackson the resolution be adopted. AYES: Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Perinoff, Pernick, Rewold, Wilcox, Aaron, Caddell, Calandra), Doyon. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 19 Commissioners Minutes Continued. February 1983 Misc. 83014 By Ms. Hobart IN RE SOUTHEASTERN OAKLAND COUNTY SEWAGE. DISPOSAL. SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by agreements dared November I, 1962 and December 1, 1962, the City of Detroit, by its Board of Water Conmlssioners and the County of Oakland, by its Drain Commissioner entered into the Wastewater Disposal Agreement far the Southeastern Oakland County Sewage Disposal District; and WHEREAS the Ciry of Detroit, ..ssibe .trough its Board of Water Comrdssioners, filed with the U. S. District Court a Motion for Dr ,lui to Show Cause why all suburban contract customers of the Board of Water Commissioners of the City of Detroit should not be required TO enter into contract amendments containing provisions mandatee by rho Settlement Anzecaient, dated July 19. 1978; the Amended Consent Judgment, dated August 26, 1980; and by tha rTov1sions of Public Law 92-500 and Public taw 95-217, applicable to user charge systems and sewer use ordinances, and a proposed amended contract having been attached to said Petition; and WHEREAS on April 15, 1982 the it. S. District Court ordered the City of Detroit, acting through its Board of Water Commissioners ts!)- draft contract amendments for each suburban customer of the system consistent With the exhibit attached to the aforesaid Motion; and WHEREAS the U. S. District Court also ordered that the duly authorized legislative body or agency of each suburban customer of the City of Detroit shall implement the requirements of the Amended Judgment and Rate Settlement Agreements by adopting And approving such amendments as binding and lawful contractual obligations of each suburban customer, and that such action shall be taken so that the amendments shall be in full force and effect on or before July 1, 1932. NOW THEREFORE EC IT RESOLVED that the "Amendment No. 2", "Amendment No. 3", and "Amendment No. 14' "to sewage agreement, City of Detroit - County of Oakland (Southeastern Dls(rict)" are hereby approved and the Oakland County Drain Gomiissioner be and he is hereby authorized and directed to sign said amendments on behalf of the County of Oakland. Mr. Chairperson, on behalf of the Planning and Building Committee, I nave the adoption of the foregoing resolution. FLAHNiNG AND BUILDING COMMITTEE Anne M. Hobart, GhaTroerson AMENDMENT HO. 2 TO SEWAGE SERV(CE AGREEMENT CITY OF DETROIT - COUNTY OF OAKLAND (SOUTHEASTERN DISTRICT) THIS AMENDATORY AGREEMENT is made this day of , 1982, between the CITY OF DETROIT, a municipal corporation organized under the laws of the StaTTC-it Michigan, by its Board of Water Com- missioners (hereinafter referred to as the "BOARD"), party of the first part, and the COUNTY OF OAKLAND, a public body corporate under the laws of the State of Michigan (hereinafter referred to as the "COUNTY"), party of the second part. WiTNESSETH: WHEREAS, the BOARD operates a wastewater treatment works which is composed of a sewage treatment plant, located in the City of Detroit at 9300 West Jefferson Avenue, along with certain appurtenant interceptors and pumping stations, located principally at various places within the City of Detroit, but some of which are located outside the City of Detroit, which are necessary to transport the sewage to the treatment plant; and WHEREAS the BOARD has at various times entered into contracts with a number of suburban communities whereby the BOARD has agreed to make available its treatment works to provide sewage treatment and disposal service to the suburban communities, and the suburban communities have agreed to pay rates established by the BOARD for providing such service; and WHEREAS these sewage service contracts are for the protection of the public health, safety and welfare of the people in the community, in the county, in the state, in the nation and neighboring nations; and WHEREAS the calculation and allocation of costs of providing sewage treatment and disposal service, including transportation of the sewage, have been the subject of some disagreement between the BOARD and the suburban communities, and the rates and charges resulting from the calculation and allocation of costs have been the subject of litigation; and WHEREAS in an effort to avoid further litigation about rates and charges for sewage treat- ment and disposal service, including transportation of the sewage, the BOARD and all of the suburban communities then under contract for such service, entered into a Settlement Agreement which was filed in the United States District Court for the Eastern District of Michigan on July 19, 1578, (herein- after referred to as the 1978 Settlement Agreement); and WHEREAS the 1978 Settlement Agreement contains rate making principles which shall govern the methods of calculating and allocating costs and the resultant rates and charges, and the Settle- ment Agreement also requires that all service contracts shall be amended to incorporate these rate making principles therein; and WHEREAS an Amended Consent Judgment was entered in United States District Court Civil Action Numbers 77-71100 and 80-71613 which required all communities and agencies under contract with the City of Detroit for sewage treatment services to enact and diligently enforce sewer use and industrial waste control ordinances consistent with and at least as stringent as those of the City of Detroit; and Comnissioners Mdnutes Continued. February 3, /983 20 WHEREAS a Settlement Agreement file-d with the Unis.a.: ',.etas District Court for the Eastern District of Michigan on At t....u..t 26, #980 resniv,cl matters of rats ,. .2rtiOfl of the costs of the• interceptor collapse at the intersection nas.cs and 15 Miln Charge SYsdem, Cast recovery and other matters reialed to effective. ,hi.sr.„. i980, (hereinafter referred to as the 1•80 Settlement Agreement); and WHEREAS a Settlement Ag-ecrr..dit. filed with the. United S...,et District Court for the Eastern District of Michigan in May, f982. resolved matters of rates, ile_asion of the. eosts of the inter- ceptor collapse in the Edison Corridor, Sterling Heights, Michigatm amended in part, paragraph Sfl of the i978 Rate Settlement Agreement dealin..-; with the principle of maximum debt financing in con- nection with application of the additional fohd test icquired by Section l0 of Ordinance 517-E of the City of Detroit, and other matters ,ciatcc fa metes offecl.ive during the fiscal year iuy 1, 19B1 through June 30, 1982 (hereinafter reMe-ree ...c Ps the 1982 Settlement Agreement); and WHEREAS the United States Environmental Protection Agent.: has given the Board approval under the Step 3 grants provisions of Public taw '..72-500 and Public law 217 conditioned upon the signing of the service agreements between the Board and each contract cua -pmee providing tor implementation of satisfactory user charge systems, sewer use ordinances or and the Board's lndustriP1 Cot Recovery System by each coarrnity served by the BOARD; pact WHEREAS the Court in Civil Action No 77-71100 itdhaad an Order Re Service Contract Aneoid- cents dated April 15, i982 requiring the parties re amend thdair contracts as aforesaid, HOW THEREFORE, in consIderation of the promises- and covenants herein mode, the parties hereto agree that the existing contracts between them dated November 1, 1962 aria December 1, P367 shall be amended as follows, hut except a', provided herein the existing r>r>r:t ri-c 0110 0 1 full force and effect: 1, The COUNTY shall pay the BOARD for sewage treatment. and disposal service at such rates as the BOARD may establish from time to tine. The BOARD shell review the rates an and shall adjust them as may be necessary Lcd maintain a promoi -ionate distriLution of costs among user classes, and to generate sufficient revenue to r2, the to -1 costs of the sewage system. Rote adjustments shall be determined according to the hollowing principles: A. Revenue Requirements. Revenue. requirements shall be based upon the finances required OD Wet all operating, maintenance, capital .requiremerts including debt ... financing and coverage, and any obligations imposed by iaw, and shall reflect not. only recent cost experience hut also a to of the reasonably estimated future cost levels during the period for which th(t. r .1.e, are being established. (1) Operathing and maintenance expenses of the system. (a) Operating and maintbnancc expenses shall include replacement of process equipment, accessories, or appurtenance which are rit0n:070ry to madntain the capacity and performonce for which the treatment works is designed and cotbstrecind. (h) The rate for operation Ind maintenance expebses, including replacement, shall inclode a factor to he applied to the volume of sewage. delivered by the COUNTY, and shall also in surcharges to be applied to the discharges of individual Users whose loadings of specified pollutants exceed normal loadings. The BOARD shall specify the pollutants to be surcharged, and shall define normal loadings of these. pollutants, The rate shall conform to Section 204(b) (1) (A) of Public Law 92 -500, as amended, and regulations of the United States Evninonmenta) Protection Agency (hereinafter referred to as the U.S, EPA), being 40 CFR, 35,929 through 35.925 -3. (2) Maximum Debt Financing. The BOARD shall obtain capital funds for the expansion, renewal and reconstruction of common usa or solely suburban use. major capital assets or hmorovemebts from the issuance of revenue bonds, to the maximum extent ra:ssible together with maximum use of coverage monies generated thereby. "Coverage" means the La ,flas of revenues required to meet the coverage test over reverne requirements determined without to the coverage test. "Coverage Test" means the requirement imposed by Section 10 of Ordinance 517-E of the City of Detroit which provides that in the year of issuance of revenue bonds of standing equal to those presently out- standing, estimated net revenues shall be equal to at least one and one-half (1 1/2) times the largest: amount of combined principal and interest to fail due in any future operating year on any bonds then payable out of the net revenues of the system, Including such additional bonds then being issued, Detroit shall apply the principle of maximum debt financing set forth herein consistent with an interpretation of the additional bonds test which incorporates the following principles: (a) Estimated investment income of the Dti60 will not be included irderermining revenues, (b) Future operating and maintenance expenses estimated to result from the addition of capital facilities for which bonds are issued, shall be included as au expense in determining net revenues only with respect to the periods in which it is reasonably estimated that they wili be in- curred, The parties acknowledge that Detroit can comply with the additional ELnds test by setting future rates sufficient to defray estimated future operation and maintenance expenses in the periods in which they will be incurred, (3) Depreciation. User charges shall not reflect a charne for the depreciation of physical assets, which together with a rate of return and provision for operation and maintenance expense would generate revenues inn excess of system revenue requirements including coverage. B. Uniform Allocations of Costs Incurred. The recovery of costs incurred by the system shall be accomplished through the institution of rates which assign, allocate ard apportion such costs to a#1 ratepayers on the basis of principles uniformly applicable to al#, it being the in- tention of the parties that such rates (whether designed on the utility or cash basis) will, as 21 Commissioners Minutes Continued. February 3, 1983 nearly as s practical, recover from each customer class the ro•s—live costs of providing service regardless of the ratepayer's location. in partichiar (1) lf cares ame based upon a system of charging 6 percentage rate of return on net asset or capital structure rate base, (through the use of tie. so called utty b6Si$ of to making) • there shail be no diffehantial in the rate. of return chard to customers residing or located within the City of Detroit and customers residing or located without the City of Detroit. Not herein contained shall prohibit. the BOARD from designing its rates on the so-called cash basis. (2) lf rates For the transportation chareg io customers served by the Oakiand-Macomb interceptor are based upon the utility basis with a pertrbrage rate of return, such rate of return shall he the same as the rate. of return charged to hrher acy:omers of he system. Nothing contained herein shall prohibit the. BOARD from employing easo basis sf ratemakIng, including ratemaking for customers served by the Oakland-Macomb interre i i'or. "Transpnrtation Charge" means the aggregate of all costs was or allocated to contracting parti-s •erved by the Macomb-Oakland interceptor which are not costs incurred for service in common with other customers, including all costs of operation and maintenance, depreciation, and, to the extent rates are based on a rare of return or other charge based on plant value, the cost resultilhg from application of such charge or rate to the inceptor and related equipment. (3) Shouid the cash basis he used in any- l'ottire rate study, the allocation of debt service costs to all customers or facilities shall be based upon the system weighted average interest rate at the time. (4) Surcharges shall be utilized to recover incremental operating, raiatenance and replacement costs incurred in treating sewage which, at the point of dischafle, donta1ns specified pollutants in concentrations exceeding those of normal domestic sewage, as defined by the BOARD. (5) All costds other than those costs recovered by surcharges as nerebefora set forth, ' may be recovered by volume atone, or by volume and surcharges, or by any method which provides a dis- tribution of costs reasonably related to the service provided. • C. Following the computation of rates for customers residing or located within the City of Detroit and customers residing or located without the City of Detroit pursuant to the principles set forth in this contract, such rates shall be further adjusted by deducting from the revenues to be charged customers within the city of Detroit and adding to the revenues to he charged' customers"--- without the City of Detroit, and making appropriate adjustments of the rates for sewage service to be charged to such customers, an amount determined as follows: (I) For the fiscal year 1981 (duly 1, 1980 through June 33, 198i), such amounts shall be the sum of $1,102,500. For each fiscal year thereafter, such amount shall be increased by • 9%, determined upon a compounded basis. For example, rhe amount for fiscal 1982 shall he the sum of ..1.152,625. For fiscal 1983, this amount shall be the sum or $1,215,506, and similarly for succeeding fiscal years. • (2) This payment shall be made- and rates so adjusted as a payment to reflect the cost of indirect benefits or services provided by the City of Detroit to the BOARD for common use • facilities within the City of Detroit, such as police and Ure protection, the risk of tort lia- bility, the loss of tax base that the City loses as is result of the ROARD's tax exemption, and the fact that the suburbs receive sewage treatment without having to devote any of their land to a tax free utility. (3) In the event that the City of Detroit shal/- at any time hereafter render billings or accounting statements for indirect services to the BOARD such as police and fire protection, risk of tort liability, loss of tax base or any other type of contribution in lieu of taxes with the. effect that such billings or statements become part of the BOARD budget for ratemahlng purposes, then the amount of such charges allocated or apportioned to the contracling customers shalt be deducted from the amount determined pursuant to subsection 5.C.(1) above, and shall in no event exceed the amount determined pursuant to subsection 5.C.(1) above. D. The amount charged to the suburbs for payment for indirect benefits and services set forth in paragraph 5.(c) above shall be nllocated among suburban customers in the same manner in which treatment costs are allocated. E. The BOARD may continue to include in its rates chaflov for direct services which the City currently renders and bills to the BOARD. Such "direct sersices" shall be limited to the kind • of services historically provided by offices, department or agencies of the City of Detroit such as various kinds of licenses and permits, electricity, steam, water, paving, vehicIe, and rubbage pickup; the Ombudsman, the. cost of which will be allccv. lietween the ckstomers with the City of Detroit and the customers without the City of Detroit based upon the proportionate number of com- plaints or inquiries by each such class of customers; and those which were. included in the BOARD's • budget for fiscal 1918. No additional charges may be made for "direct services" provided by other or additional City offices, departments and/or agencies without the orior agreement of the contracting parties. Such agreediert shall not he unreasonably denied or delayed shouid it appear that the particular service or services result in a legitimate, direct benefit to the systetn and its customers, . F, Whenever the BOARD sic ii undertake any study which rear result in the revision of rates, including any study relating to industrial cost recovery charges, user charges, or other matters relating to the requirements of P.L. 92-500, 33 U.S.C.A. 1251 et seq: as amended, it shall notify the appropriate agents of Oakland, Wayne and Macomb Counties, and its other contract customers - Commissioners Minutes Continued. February 1983 22 • such study, and shall, during Nis• cctrtv of •..och study, mak a,!ailabie, upon request, to ,iech contract custow,rs, their agents, ar,torney:.;, any inteThm or preliminary reports dol final reports prepared in the course. nr such crtcy, In conjunction with i_irnishing 1 resaid ceperti,, the City of Detroit and its consultants at the request of the contracting parties wiil have a conference with the contracting parties and representatives in order to explain .,qid discuss the reports being provided. The re- questing party shall reimburse the BOARD for any ota-of-pocket cosIs incurree in meeting such re- quest. lothing contained herein shall require the. City of Detroit to undert:d,-. any activity which may impede it in complying with the regoimginrs of the couent judytent dataa neptembet 14, )977 Or other orders of the Court evtered pursuant. to F, t. 92-D00, 33 O.S.C.A. 1251, et sel, as amended, In addition, such presentation wili he done in a manner, place, and time. mutuaily convenient so all of the parties involved including the City of Detrnit's con .ultants. 2. the COUNTY dgiCe that it shall adopt and on;:cice, and shall caus each of the local governmental units within its jurisdiction for selvage tred ,roett aro disposal s•arvice as provided by the BOARD to adopt and enforce., rules and regulations to i ,pflement and maintin a revenue system whereby, as a M/117MUM, the operation, roirtenance and replaconnt portion of thc BOARD' ates are distributed proportionately to each user or user class that is tributary to rhe BOARD 's treatment works. in particuar, these rules and regulations shall provide that surcharges established by the BOARD for the recovery of incremental operation, maintenance and replacement costs of treating extraordinary concentrations of sewage, shall be billed to and collected from individuai firms as identified by the BOARD in its billings, These rules and regulations shall conform to Section 204(b) . (I)(A) of Public Law 92-500, as amended, and regulations of the United States Environmental Pro- tection Agency (hereinafter referred to as the U.S. EPA), being 4C CFR, 35.929 through 35,929-3, and shall achieve a proportionate User Charge System which is effective throughout the BOARD 's service area. The rules and regulations shall provide for monitoring of commeroTal, governmental and Industrial users and shall be consistent with the monitoring roles and regulations of the City of Detroit. The Board thoU have the right under said rules and regulations to audit all monitoring activities including the right to pea iorm monitoring tests itself to verify the accuracy of monitoring , results. 3. The COUNTY agrees that it shall adopt and enforce, and shall cause each of th ,i governmental dUits Within its jitrisdictiorfifOr ceWatiectrealment iand -disposai service as pistivrij by the BOARD to adopt and enforce, rules and regulations pertaining to the use design and constrjctien of sewers, and the discharge of industrial or commercial wastes into sewers, where such sewers are tributary to the BOARD's treatment works. Such rules and regulations shall be consistent with and at least as stringent as ail applicable provisions of the pertinent ordinances adopted by the City • of Detroit, these being the 1979 amendments to Chapter 56, Article 1, and Chapter 56, Article 6, of the Municipal Cods of the City of Detroit as theY may be adopted and amended from time to time. In the event any municipality or other governmental unit shall fail to adopt an ordinance as re- quired herein, or shall fail to diligently enforce the same, the. BOARD shall take appropriate action which may include suit in an appropriate court of general jurisdiction alleging sued municipality's failure to adopt or enforce. an ordinance, and following a hearing or the merits, should the court find that the allegations ri the BOARDis petition are true, It is agreed that such court may, in such instance, grant appropriate injunctivcr relief against said municipality or any individual discharger there; terminate the municipality's contractual right to discharge. waste waters into the BOARD's system and/or to grant the BOARD such other relief as may be appropriate under the circumstances. These actions shall enable the BOARD to: A. Deny or condition new or increased contributions of pollutants or changes in the nature of pollutants, to the waste collection system by industrial and Commercial Users. The terms • "Industrial and Commercial" user shall mean those users defined in Section 56-6-3(H) and (P) of Detroit Ordinance No. 353-H of Chapter 56 of Article 6 passed on November 7, 1375 and as may be wended from time to time. B. Require compliance with applicable current and future National Pretreatment Standards and other more restrictive requirements as may be imposed by the BOARD promulgated by the U.S. EPA under the Federal Water Pollution Control Act, 33 U.S.C. 1251 eq . seg. C. Control, through permit, contract order, or similar means, the contribution to the waste collection system by Industrial and Commercial Users to ensure compliance with paragraph B above. D. Require the development of compliance schedules by Industrial and Commercial Users for the installation and facilities required to meet applicable National Pretreatment Standards . and other more restrictive requirements as may be imposed by the BOARD. F. Require the submission of notices and self-monitoring reports from Industrial and Commercial Users to assess and assure compliance with National Pretreatment Standards and other more restrictive requirements as may be imposed by the BOARD. F. Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by Industrial and Commercial Users, compliance or non- compliance with applicable National Pretreatment Standards and other mere restrictive requirements as may be imposed by the BOARD. It being further understood that the Board may contract with quali- fied parties to carry out the inspection, surveillance and monitoring procedures of this paragraph. G. Seek injunctive relief for noncompliance with National Pretreatment Standards and other more restrictive requirements as may he imposed by the BOARD. Witness (Oakland County) By (signed) (typed) (signed) typed Title Address Witness (Oakland County) (signed) (typed). By Witness (Board of Water Commissioners) (signed) (tYPA ddd (signed) _(typed) Witness (Board of Water Commissioners) (signed) (typed) Title__ Address Corporation Council Purchasing Department for the City of Detroit Purchasing Director 23 Commissioners Minutes Continued, February 3, 1983 H. Require industrial anti Comrercial (Tie- • install containment facilities to protect the treatment works from accidental spills of critical or hazardca• materials. 4. This amndment shali inure to the benefit St and be binding imaiii the respective parties hereto, their successors and assigns. 5, This amendment shall take effect- upon its adoption ana execution by the• respective parties hereto, its approval by the City Council Of the City of Detroit, add its aupcdval by the. appropriate authorities of the County of Oakland. OAKLAND COUNTY (So•tnaa:sr-en District.) A Mich, can Municipal Corporation Telephone Number THE CiTY OF DETROIT A Michigan Municipal Corporation-, by its Board of Water Commissioners Teiephont Number FINANCE DEPARTMENT LAW DEPARTMENT -No. Date hereby certify Adprov ,ie as to form and execution - •-- -• - • that an appropriation has been made to subject to approval by the Purchasing cover the expense to be incurred under Director and the City Council this contract. Chief Accounting Officer The original and copies of this contract have been duly exe7EUted. This contract was confirmed by the Detroit City Council Date Page AMENDMENT NO, 3 SEWAGE AUEEMENT CITY OF DETROIT - COUNTY OF CAI:LARD qii.IiTWASTEilii (tISTRICT) This amendatory agreement is made this day ol !95', between the City of Detro i t, a municipal corporation organlited under- the laws of the State of Michigan, by its Board of Water Commissioners (hereinafter referred to as the "Mare), party of the first part, and the County of Oakland, a public body incorporated under the laws of the State of Michigan (hereinafter re- ferred to as the "County"), party of the second part WITNESSETH: WHEREAS on November 1, 1962, the Board and County entered into a written agreement pro- viding for the torte conditions under which the Board would accept and treat sewage from the Southeastern Oakland County Sewage Disposal District; and WHEREAS on December 1, 1962, the hoard and the County entered into Amendment number 1 to the written agreement. of November 1, 1962, and WHEREAS the Board and County have agreed to enter into a written amendment, amendment number 2, to the November 1, 1962, agreement to comply with an order of the United States District Court for the Eastern District of Michigan dated April 15, 1982, issued in Civil Action Number 77-71100, which amendment number 2 will be exeeuted by the parties contemporaneous with the extition of the present document, and WHEREAS the Board and County have further agreed to enter into an amendment, to be known as amendment number 3, to the November i, 1967. agreement, which amendment number 3 shall identify the terms and conditions of the November 1, 1962, agreement which are rendered ineffective by virtue of amendment number 2, and which amendment number 3 shall further serve to- revise certain paragraphs of amendment number 2 which have been identified by the parties to require clarification, NOW THEREFORE, IN CONSiDERAT1ON OF PROM/SES AAD COVENANTS HEREIN MADE, IT IS HERETO AGREED that the existing contracts between them dated November 1, 1962, and December I, 1962, and 1982 shall be amended as follows, but except as provided herein the existing contracts remain in full force and effect: 1. By virtue of amendment number 2 to the November 1, 1962, agreement, paragraphs 3, 4, and 5 of the November 1, 1962, agreement are deleted and rendered ineffective. 24 Commissioners Minutes Continued. February 3, 1983 2. Amendment number 2 to the November 1962, agreat•ent 1s hereby revised in the lollowing particulars: A, Paragraph 1. A. (I) (b) ls hereby revised fn as follows: (b) The rate for operation and maintonan,' ..:peoscs, including replacement, shall be applied to the yotume of sewage delivered by the County, and shall ;,t1so include surcharges to be appiied to the discharges of individual users whose loadings of spocified pollutants exceed normal loadings. The Board shall specify the pollutants to be sdrchargod, and shall define normal loadings of these pollutants. The r a t e shall conform to Section 204(b)(1) (A) Df Public Low 92-500, as amended, and regulations of the United States. Environmental Protection Agency (hereinafter- referred to as the "U.S. EPA"), being 40 CFR. 35.929 through 35.929-3. B. Paragraph 1.0.(5) of amendment number 2 to the November t, 1962, agreement l5 hereby revised to read as follows: (5) Ail costs other than those costs recovered by surcharges as herebefore set forth, may he recovered by volume alone, or by volume. and surcharges, or by any mutually agreeable method which provides a distribution cif costs reasonably related to the service provided. 3. This amendment and amendment number 2 to the November I, 1962, agreement shall be construed as complimentary to one another and not as being in confilct except as expressly stated herein. 4. This amendment shall inure to the benefit and be bindino upon the respect ye parties hereto, their successors and assigns. 5. This amendment shall take effect upon its adoption and execution by the respective parties hereto, its approval by the City Council of the City of Detroit and its approval by the appropriate authorities of the County of Oakland. AMENDMENT NO. 4 !AV/AGE SERVICE AGEEMEATi CITY OF DETROIT - COUNTY- Or OAKLAND (SOUTHEASTERN DISTRICT) This amendatory agreement is made this Jay of 1982, between the City of Detroit, a municipal corporation organized under the laws DT i7i7J-Kilte of Michigan, by its Board of Water Commissionert, (hereinafter referred to as the "Board"), par Es of the first part, and the County of Oakland, a public body incorporated under the laws of the State of Michigan (hereinafter referred to as the "County"), party of the second part. WiTNESSETH: WHEREAS, on November 1, 1962, the Board and County entered into a written agreement pro- viding for the terms and conditions under which the Board would accept and treat sewage from the Southeastern Oakland County Sewage Disposal District; and WHEREAS on December i, 1962, the Board and the County entered into Amendment Humber 1 to the written agreement of November I, 1962; and WHEREAS the Board and County have agreed to enter into a. written amedment, Amendment Number 2, to the November 1962, agreement to comply with an order taC the United States District Court for the Eastern District of Michigan dated April 15, 1982, issued in Civil Action Number 77-71100, which Awendment Number 2 will be executed by the parties contemporaneous with the exe- cution of the. present document; and WHEREAS the Board and County have further agreed to enter into an amendment, to be known as Amendment Number 3, to the November I, 1962, Agreement, whlch Amendment Number 3 shall clarify the terms and conditions of the November 1, 1962, agreement which are rendered ineffective by virtue of Amendment Number 2 and which revises certain provisions of Amendment Number 2. NOW THEREFORE, IN CONSIDERATION OF PROMISES AND COVENANTS- HEREIN MADE, IT IS HERETO AGREED that the existing contract between them dated November 1, 1962, and December 1, 1962, shall be aoended as follows, but except as provided herein rhe existing contracts remain in fall force and effect: I. Paragraph 2 of the November i, 1962 agreement Is hereby deleted and replaced by the following new paragraph number 2: 2. The County shall pay the DINISD for any and all sewage accepted by the DWSD for dis- posal hereunder in the manner set forth below: A. The artrwa1 charge for sewage dispose] shall be composed of two element.s (a) Sanitary flow - The actual reported water sales fur the 14 municTpalities within the district. (b) Estimated non-sanitary or residual flow - A figure determined by the simple arithmetic- average of the annual residual flow for each of the most recent 10 years. The annual residual flow results from subtracting the. anoual reported water sa!es from the onnual octunl sewage volume as measured by the master sewage meter serving the district. B. The charge for sewage disposal services shall be formulated in the following manner; (a) The sanitary slow element - This district will report water sales within the district for the 14 municipalities each quarter, The reported water sales multiplied by the metered suburban sewage rate, as determined by the rate model, will be the quarterly charge. The total of the four quarTerly charges will represent the total amount due from the district fur sanitary flow for the rate. year. Remittance and report of quarterly water sales would be submitted to the DWSD 45 days after the end of each quarter. (b) Estimated non-sanitary or residual flow - The simple arithmetic average of the ten year non-sanitary or residual flow multiplied by the metered suburban sewage rate as determined by the rate model will be the annual amount due from the district for the estimated non-sanitary or residual flow. Remittance of one-fourth of the annual amount will be submitted to the city 45 days after the end of each quarter. 25 Commissioners Minutes Continued. Febrw I, 1963 C. The DWS0 shall determine the rat o for sewage disposal .ervic.es utilizing pro- jections of sanitary and estimated non-sanitary or residual flow in are. rii-del for cost allo- cation. The projections for sanitary flow and estimated non-sanitary or residual flow will be based upon the foiiowing; (a) Sanitary flow - DWSD will project sanitary flow based upon a projection of the volume of water sales within the district determined in a manner consistent with that employed for all unmetered suburban customiars. (b) Estimated non-sanitary or residual flow - DWS0 will pro1ect the estil -riated non- sanitary or residual flow based upon the simple or average of the annual non-sanitary or residual flow for the most recent ten year period. D. Adjustments - The County and the City agree- that they will cooperate and work to- gether in attempting to agree upon an appropriate adjustment, if any, to the County's estimated non- sanitary or residual flow representing an estimate of the volume cf such flow which, when during storm events flow exceeds the capacity of the system, is discharged into the Detroit RI car as storm- water overflow, and, therefore, does not receive treatment al. tee DOSD treatment plant. Such adjust- ment, if any and if reasonable and agreeable to the County and the City, shall be implemented com- mencing with the fiscal year 1989 - 1584," 2. This Amendment, Number A, Amendment Number 3, and Amendment. Number 2, to the November 1, 1962, Agreement shall be construed as complimentary to one another and not as being in conflict. 3. This amendment shall inure to the benefit. and be binding upon the. respective parties hereto, their successors and assigns. A. This amendment shall take effect upon its: adoption and execution by the respective parties hereto, its approvai by the City Council of the City of Detroit and ifs approval by the appropriate authorities of the County of Oakland. Moved by Hobart suopccted by Fortino the resolution be adopted. Discussion followed. Vote on resoitifi.on: AYES: Fortino, Gosling, Hohart, Jackson, P. Kuhn, S. Kuhn, McDonald, Moffitt, Moore, Nelson, Olsen, Perinoff, Bernick, Remold, Wilcox, Caddell, Doyon. Foley. (18) NAYS: Lanni, Law, McConnell, McPherson, Calandro, (5) A sufficiet majority raving voted therefor, the resolution was adopted. Misc. 89015 By Ms, Hobart IN RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM To the Oakland County Board of Comrdssioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by agreement dated February 5 ,, 1968, as amended on January 29, 1973, the City of Detroit, by its Board of Water Commissioners and the County of Oakland, by its Board of Public Works entered into the Wastewater . Disposal Agreement for the Clinton-Oakland district; and WHEREAS. the City of Detroit, acting through lts Board of Water Commissionersm filed with the U.S. District Court a Motion for Order to Show Cause why all suburban contract customers of the Board of Water Commissioners of the City of Detoft should not be required to enter into contract amendments containing provisions mandated by the Settlement Agreement, dated July 19, 1978; the Amended Consent Judgment, dated August 26, 1980; and by the provisions of Public Law 92-500 and Public Law 95-217, applicable to user charge- systems and sewer use ordinances, and a proposed amended contract having been attached to said Petition; and WHEREAS on April 15, 1982 the U.S. Dtstrict Court ordered the City of Detroit, acting through its Board of. Water Commissioner to draft contract amendments for each suburban customer of the system consistent with the exhibit attached to the aforesaid Motion; and WHEREAS the U.S. District Court also ordered that the duly authorized legislative body or agency of each suburban customer of the City of Detroit shall implement the regurements of the Amended Judgment and Rate Settlement Agreements by adopting and approving such amendments as binding and lawful contractual obligations of each such suburban customer, arid that such action shall be taken so that the amendaenrs shall be in full force and effect on or before July I, 1982, NOW THEREFORE BE IT RESOLVED that the 'Amendment Mo. 2 and Amendment No 3 to Wastewater Disposal Agreement, City of Detroit - County of Oakland (Clintorn-Oakland District)" are hereby approved and the Chairperson of the Oakland County. Board of Commis'sioners is hereby authorized and directed to sign said amendments. Mr, Chairperson, on behalf of the Planning and Buildfng Committee, 1 move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Anne No Hobart, Chairperson a6 1983 Commissioners Minutes Continued. February AMENDMENT NO 2 TO WASTEWATER DISPOSAL AGREEMENT CITY OF DETROIT - COUNTY Or OAEIAND (CLINTON - OAKLAND DISTRICT) THIS AMENDATORY ACREEMEN1 is made this _nay of , 1982, between the CITY OF DE1R01"1„ a municipal corporation organized under the taws of the State of Michigan, hy its Board . of Water Commissioners (hereinafter referred to as the "BOARD'), party of the. first part, and the COUNTY OF OAKLAND, a public. body corporate. undk the taws of the State of Michigan (hereinafter referred to as the "COUNTY"), party of the second part. WITHESSETHi WHEREAS, the BOARD operatos a wastem.fater treatment 'works ohich is composed of a sewage treatment plant, located in the City of Detroit at 9300 West Jefferson Avenue, aiong with certain appurteriant interceptors and pumping stations, located principally at various places' within the City of Detroit, but some of which are located outside the City of Detroit, which are. necessary to transport the sewagc. to the treatment planii and WHEREAS the BOARD has at various timos entered into contracts with a number of suburban communities whereby the BOARD has agreed to make availabie its L ,catr ,nt works to provide sewage treatment and disposal service to the suburban communities. and the. sanuchan communities have agreed to pay rates established by the BOARD for providing such service; and WHEREAS these sewage service contracts are for the protection of the public health, safety and welfare of the people in the community, in the county, lu the state, in the nation and neighboring nations; and WHEREAS the calculation and allccattpn of costs of providing sewage treatment and disposal service, inciuding transportation of the sewage, have been the subject of some disagreement between the BOARD and the suburban communities, and the rates and charges resulting from the calculation and allocation of costs have been the subject of litigation; and WHEREAS in an effort to avoid further litigation about rates and charges for sewage treat- ment and disposal senvice, including transportation of the toe BOARD and all of the suburban communities then under contract for such seevico. entered intc a Tiettlement Agreement which was filed in the United States District Court for the Eastern Dlstrict of Michigan on July 19, 1978, (herein- after referred to as the 1978 Settlement Agreement), and WHEREAS the 1978 Settlement Agreement contains rate making principles i.vhich shall govern - the methods of calculating and allocating COSIS and the resultant rates and charges, and the Settle- ment Agreement also requires that all service contracts shall be amended to incorporate these rate making principles therein; and WHEREAS an Amended Consent Judgment was entered in United States District Court Civil AcEion Numbers 77-71100 and 80-71613 which required all communities and agencies tinder contract with the City of Detroit for sewage treatment services to enact and diligently enforce sewer use and industrial waste control ordinances consistent with and at least as stringent as those of the City of Detroit; and WHEREAS a Settlement Agreement filed with the United States District Court for the Eastern District of Michigan on August 26, 1980 resolved matters of rates, allocation of the costs of the interceptor collapse at the intersection of Hayes and 15 Mile Road, User Charge System, Industrial Cost recovery and other matters related to rates effective. January 17, 1980, (hereinafter referred to as the 1980 Settlement Agreement); and WHEREAS a Settlement Agreement filed with the United States District Court for the Eastern District of Michigan in May, 1982 resolved matters of rates, al'Iocation of the costs of the ihter- Ceptor collapse in the Edison Corridor, Sterling Heights, Michigan; amended in part, paragraph 59 of the 1978 Rate Settlement Agreement dealing with the principle of MaXiMUM debt financing in con- nection with application of the additional bend Lest required by Section ]O of Ordinance. 517-E of the City of Detroit, and other matters related to rates effective during the fiscal year July 1, 1981 through June 30, 1982 {hereinafter referred to as the 1982 Settlement Agreement); and WHEREAS the UniLod :tates Environmental PrOtectiOr Agency has given the Board approval under the Step 3 grant;, 1.,:soos of Public. Law 92-500 and Public law 95-217 conditioned upon the signing of the service atireemt-tnts between the Board and each contract customer providing for imple- mentation of satisfactory user charge systems, sewer use ordinances or regulations and the Board's Industrial Cost Recovery System by each community served by the BOARD; and WHEREAS the Court in Civil Action No. 77-71100 issued an Order Re' Service Contract Amend- ments dated April 15, 1982 requiring the parties to amend their contracts as aforesaid, NOW THEREFORE, in consideration of the promisos and the co,enanis here in made, the parties hereto agree that the existing contracts between thom dated February 5, 156i3 and January 29, 1973 shall be amended as follows, but except as provided herein the existing contracts remain in full force and effect.; 1. The COUNTY shall pay the BOARD for sewage treatment and disposal service at such rates as the BOARD may establish from time to time. The BOARD shall review the rates annually and shall adjust them as may he necessary to maintain a proportionate. distribution of costs among user classes, and to generate sufficient revenue to pay the. total costs of the sewage. system. Rate ad- jUstMentS shall be determined according to the fnllowing principles: A. Revenue Requirements. Revenue requirements shalt be. based upon the finances required to meet all operating, maintanance. cmpital requirements including debt financing and coverage, and any obligations impos,d by law, and shall reflect not only recent cost experience but 21 Commissioners Minutes Continued. Fehruasy 3, 1583 also a recognition of the reasonably ..-rimao—i future cost losels during the period For which the rates are being estahlishGd. (1) Operating and maintenanc ,ovensess of the te,stent. (a) Operating ehd maintsnance io,•ei.'st, shalt include repiacoment of process equip - ment, aDcessoresT or aO l,urfr.onn-- wainh .s .- neadet .,,,y to maihtaie the capacity and performance for which the treatment wor',, ;, de xi D,, d ,fld (b) ThE rai,, r;::r -rsee,i•eaT• •rd muintentee asefe.-n.a. including replacement, shall include a Factor to .,,, .f.iyift,d tie ,:te, ,,i,re: A.. ,n,n.:.,:w. e.i irLd [.. th,,. mokiTY, and shall also in - clude surcharges to be applied re the t -st.he lues of individual hs.ms whose loadings of specified. pollutants exceed normal loadines. iht hcAR0 shall specify Ehe pollutants to be surcharged, and shall define normat loadirgs of those pol lietarns. The rate shall conform rot Section 20 14(b)(l)(A) of Public Law 52 -500, as amended, wic rti;:uigtic ,e, of rbia. Nei, .:if stetes Environmental Protection Agency (herebnafter reFerred to as l'o 0 . H.:,), l.---1 40 cFr T. ,929 through 35.929 -3, (2) Maximum Debt Financirip Tue itunP;) oem; se ,.:Eir, capit,;,,) f un d, f or fbe expar,,Jon, renewal and reconstruction of compun use or saitly ceotirt:ami esia major capital assets or improverieuts from the issuance- of revenue bonds, to Li- bie:I fum t• -ent eoesiLle together with maxlmem use. of coverage monies generated thereby, "Coverage nie.sie. the tote.s of revenues reluired to meet the coverage test over revenue requirements thetermihro without rew:,eed to the coverage test. "Coverage Test" means the requiromont imposed by Section 10 of Ordinance 5':-IE of the. City of Detroit which provides that in the year of Issuance of revenue honds of standing ;aerial to those. presently o ,ut - standing, estimaled net revenues shall be equal to at least one anii oco -half (I I/2) times the i largest amount of combined principai and interest to fall due in any future operatinr: iu.ear or any , bonds then payable out of the net revenues of the system, including such additional heads ;tee being . issued. Detroit shall apply the principle of maxlmum debt financing set forth herein consistent an interpretation of the additional bonds test which incorporates the following principles: ; (a) Estimated i•vesomant income of the. DWSD will not be insluded in deforming revenues. - (b) Future operat i ng and maintenance expenses estimateal to reult fret t the addition of capital facilities for which hotes are issued, shall be included a5 an e.g.ieisse in determining net revenues only with respect to the periods in which it is reasonabiy. estimaed Meat they will he. scurred. The parties acknowdedge. that Detroit can comply with the additighal oaods test by setting future rates stifficient to defray estimated future operation and maintenance e•Tentos in the periods . in which they will he incurred. (3) Depreciai•ion. User Lhdrues shall not reflect a charge for the cepreciatior , of physical assets, which together with a rate of return and provision for aeeration a cad maintenance expense would generate revenues in excess :1 system revenue requirements including coverage. B. Uniform Allocations of Costs Incurred; The recovery of :oast:, incurred by the system shall he accomplished through the institution of rates which assign, allocate and apportion such • costs to ail ratepayers on tlie. basis of principles uniformly applicable to all, it being the intention of the parries that such rates (whether designed on the utility or cash basis) will, as nearly as is practical, recover from each customer class the respective costs of providing service regardless of the ratepayer's location. In particular: (1) If rates are hosed upon a system of charging a percentage rate of return on net asset or capital structure rate base, (through the use or the soecailed utility. basis of rate making) there shall be no differential in the rate of return charged to customers residing or located within i the City of Detroit and customers residing or located without the City of Detroit_ Nothing herein contained shall prohibit. the BOARD from designing its rates on the so -called cash basis- (2) if rates for the transportation charge to customers served by the Oakland -Macomb interceptor are based upon the utility basis with a percentage rate of return, sushi rate of return shall be the. sane as the rate. of return charged to other customers of the system, Nothing contained herein shall prohibit the BOARD from employing the cash Oasis of ratemaking, including ratemeking for customers served by the Oaktandellacomb interceptor. "Transportation Charge" means the aggregate . of all costs assigned or allocated to contracting parties served by the Macomb -Oakland interceptor which are not costs incurred for service in common with other customers, including ail costs of . operation and maintenance, depreciation, and, to the extent rates - are based on a rate of return or . other charge based on plant value, the cost resulti .ng from application of such charge or rate to l the. inceptor and related equipment. (3) Should the cash basis be used in any future rate study, the allocation of debt service, costs tech costoimmos or facilities shall be based upon the system weighted average interest rate at the time, . (4) Surcharges shall be urilired to recover incremental operating, maintenance and replacement cGsts incurred in treating sewage which, at the point of discharge, contains specified : pollutants in concentrations exceeding those of normal domestic sewage, as defined by the BOARD. (5) All costs other than those costs recovered by surcharges as herebefore set forth, may be recovered by volume alone, or by volume and surcharges, or by any method which prnvides a distribution of costs reasonably related to the servico provided; C. Following the computation of rates for customers residing or located within the City of Detroit and customers residing or located without the City of Detroit pursuant to the principles .set forth in this contract, such rates shall be further adjusted by deducting from the revenues to i be charged customers within the City of Dr -troll arid adding to the revenues to be charged cestenwrs without the City of Detroit, and making appropriate adjustments of the rates for sewage service to . Commissioners Minutes Continued. February 3, 1983 28 he charged to such customers, an amount determined as follows: (1) For the fiscal year 1981 (July I, l980 through June 30, 1921), such amounts shall be the son of 51,102,500, For each fiscal year thereafter, such amount shall be increased by 5%, determined upon a compounded basis. For example, the amount for fiscal 1982 shall be the sum of $1,J57,625. For fiscal 1983, this amount shall be the sum of $1,215.506, and similarly for succeeding fiscal years. (2) This payment shall be aede, and rates 50 ad1itsred as a payment: to reflect the cost of indirect benefits or services provided by the City of Detroit to the BOARD for common use facilities within the City of Detroit, such as police and fire protection, the risk. of tort bility, the loss of tax base that the City los s s esult of the BOARD's tax exemption, and the fact that the suburbs receive sewage treatment without having to devote any of their land to a tax free utility. (3) In the event that the City of Detroit shall at any time hereafter render billings or accounting statements for indirect services to the BOARD such as police and fire protection, risk of tort liability, loss of tax base or any other type of contribution in Heti of taxes with the effect that such billings or statements become part of the BOARD budget for ratemaking purposes, then the amount of such charges allocated or apportioned to the contracting customers shall be de- ducted from the amount determined purstiaht to subsection 5.C.(1) above, and shall in no event exceed the amount determined pursuant to subsection 5.C.(1) above, D. The aitiount charged to the suburbs for payment for indirect benefits and services set forth in Paragraph 5.(c) above shall be allocated among suburban customers in the same manner in which treatment costs are allocated. E. The BOARD may continue to include in its rates charges for direct services which the City currently renders and bills to the BOARD. Such "direct services" shall he limited to the kind of services historically provided by offices, departments or agencies of the City of Detroit such as various kinds of licenses and permits, electricity, steam, water, paving, vehicles, and rubbage pick- up; the Ombudsman, the cost of which will be allocated betoeen the customers within the City of Detroit and the customers without: the City of Detroit based upon the proportionate number of com- plaints or inquiries by each such class of customers; and those which werer included in the BOARD's budget for fiscal 1978. No additional charges may he made for "direct services" provided . by other or additional • City offices, departments and/or agencies without the prior agreement of the contracting parties. Such agreement shall not be unreasonably denied or delayed should it appear that the particular service or services result in a legitimate, direct benefit to the system and its customers. F. Whenever the BOARD shall undertake any study which may result in the revision of rates, including any study relating to industrial cost recovery charges, user charges, or other matters relating to the requirements of P.C. 33 U.S,C.A. i251 at seq. as amended, it shall notify the appropriate agents of Oakland, Wayne and Macomb Counties, and its other contract customers of such study, and shall, during the course of any such study, make available, upon request, to such contract customers, their agents, consultants and attorneys, any interim or preliminary reports and Final reports prepared in the course of such study. In conjunction with furnishing the aforesaid reports, the City of Detroit and its consultants at the request of the contracting parties will have a conference with the contracting parties and representatives in order to explain and discuss the reports being provided. The requesting party shall reimburse the BOARD for any out-of-pocket costs incurred in meeting such request. Nothing contained herein shall require the City Gt Detroit to undertake any activity which may impede it in complying with the requirements of the consent judgment dated September 14, 1977 or other orders of the Court entered pursuant to P.C. 92.-500, 33 O.S.C.A. 1251, et son, as amended. In addition, such presentation will be done in a manner, place, and time mutually convenient to all of the parties in- volved including the City of Detroit's consultants. 2, The COUNTY agrees that it shall adopt and enforce, and shall cause each of the local governmental units within its jurisdiction for sewage treatment and disposal service as pro- vided by the BOARD to adopt and enforce, rules and regulations to implement and maintain a revenue system whereby, as a minimum, the operation, maintenance and replacement portion of the BOA/this rates are distributed proportionately to each user or user class that is tributary to the BOARD's treatment works. in particular, these rules and regulations stall provide that surcharges estab- lished by the BOARD for the recovery of incremental operation, maintenance and replacement costs of treating extraordinary concentrations of sewage, shall be billed to and collected from Individual firms as identified by the. BOARD in its billings. These rules and regulations shall conform to Section 204(b)ii ll(A) of Public. Law 92-500, as amended, and regulations of the. United States Environ- mental Protection Agency (hereinafter referred to as the U.S. EPA), being 40 CFR, 35.929 through 35,929-3, and shall achieve a proportionate User Charge System which is effective throughout the BOARD 's service area The rules and regulations shall provide for monitorinn of commercial, governmental and industrial users and shall be consistent with the monitoring rules and regulations of the City of Detroit, The Board shall have the right under said rules and regulations to audit all monitoring activities including the right to perform monitoring tests itself to verify the accuracy of monitoring results. 3. The COUNTY agrees that it shall adopt and enforce, and shall cause each of the local governmental units within its jurisdiction for sewage treatment and disposal service as provided by the BOARD to adopt and enforce, rules and regulations pertainlng to the use, design and con- struction of sewers, and the discharge of industrial or commercial wastes into sewers, where such Witness (Board of Water Commissioners) (signed) (typed) _- Witness (Board of Water Commissioners) (signed) - (typed) 29 Commlasioners Minutes Continued, February 3, 1983 sewers are tributary to the BDARD's treatment ,,Prks; tiuch rules and regulations snail be consistent ttith and at least as t:,.tringent as all applicad adovisions of the pertinent ordinances adopted by the City of Detroit, these being the 19/9 mmerioredts to Chapter 56, Article 1, and Chapter 56, Article 6, of the Municipal Code of the City of Detroit. as they may be adopted and amended from time to time in the event any municipality or otn•r governmental unit shall fail to adopt an ordinance as reeti;red herein, or shall Fail to diligently enforce the same, the BOARD shall take appropriate action which mav include suit in an .4.)proprlate court of generat jurisdiction alle9ing such munici- pality' failure. to adopt or enforce an ordinance, and following a hearing on the merits, should the court find that the allegations, in the WARD's petition are true, it is agreed that such court may, in such instance, grant appropriate- injunctive relief against said municipality or any Individual discharger there, terminate the municipal 'ye contractual right to discharge waste waters into the BOARD 's system and/or to grant the BOARD such other relief as may be appropriate under the circum- stances; These actions shall enable the BOARD to, A; Deny or condition new or increased contributiors of pollutants or charges in the nature of pollutants, Le the, waste collection system by induatriali and Commercial Users. The terms "industrial and Commercial" user shall mean those users d-?t .intd in Section 56-6-3(H) and (1') of Detroit OrdirOnce Noi 353 -H of Chapter 56 of Article 6 tosed 00 November 7, i979 and as may he emended from time to time. B. Require compliance with applicable current and future National Pretreatment Stan- dards and other more restrictive. requirements as may be imposed by the BOARD promulgated by the U.S. EPA under the. Federal Water Poltotion Control Act, 33 U,S.C. t251 et seq. C. Control, through permit, contracb order, or similar means, the contribution to the waste collection system by Industrial and Cowercial Users to ensure compliance with paragraph B above. D. Require the development of compliance schedules by Indus-trial and Commercial Users for the installation and facilities required to meet applicable National Pr e treatment Standards and other more restrictive requirements as may he imposed hy the BOARD. E. Require the aubmission of rot ices and self-monitoring reports from Industrial and Commercial Users to assess and assure compliance with National Pretreatment Standards and other more restrictive requirements ,ac, may Sc'. imposed by the BOARD. F. Carry out ail inspection, surveitlance and monitoring procedures necessary to deter- mine, independent of information supplied by industrial and Commercial Users, compliance or non- compliance with applIcable National Pretreatment Standards and other more restrictive requireaents as trey be imposed by the BOARD. It being further understood that the BOARD may contract witilgualified parties to carry out the inspection, surveillance and monitoring procedures of this paragraph, C. Seek injunctive relief for noncompliance with National Pretreatment Standards and at her more restrictive requirements as may be imposed by the BOARD. H. Require industrial and Commercia) Users to instalt containment facilities to pro- tect the, treatment works fiom accidental spills of critical or hazardous materials. This amendment shall inure ro the benefit of and he binding upon the respective parties hereto, their successors and assigns. 9. This amendment shall take effect upon its adopt or' and execution by the respective partie hereto, its approval by the City Council of the City of Detrdft, and its approvai by the appropriate authorities of the County of Oakland. Witness (Oakland County) (signed) (typed) Witness (Oakland County) (signed) (typed) OAKLAND COUNTY (Clinton-Oakland) A Michigan Municipal Corporation (alved) (typed) Ti tie Address Telephone Nunber THE CITY OF OE.IROIT A Michigan Municipal Corporation, by its Board of Water Commisioners (signed) (typed) By Title' Address Te 1 epho'li e -Numb e r7- -----___ PVNANCE DEPARTMENT LAW- DEPARTMENT - No. Date J hereby certify. Approved as to form and execution subject that an apprapraion has been made to to approvai by the Purchasing Director cover the expense to be incurred under and the City Council this contract. Corporation Council Chief Accounting Officer Commissioners Minutes Continued. February 3, 1983 Purchasing Department for the City Of Detroit The original and copies of this contract have been duly executed, Purchasing Director This contract was confirmed by the Detroit City Council Date Page AMENDMENT NO, 3 WASTEWATER DISPOSAL AGREEMENT CITY OF DETROIT - COUNTY OF OAKLAND (CUNTON-OAKLAND DISTRICT) This amendatory agreement is made this day of 1982, between the City of Detroit, a municipal corporation organised under the laws of the State of Michigan, by its Board of Water Commissioners. (hereinafter referred to as the "Board"), party of the first part, and the County of Oakland, a public body incorperared under the laws of the State of Michigan (hereinafter re- ferred to as the "County"), party of the second part. WITNESSETH: WHEREAS on the 5th day of February, 1968, the Board and County entered into a. as agreement providing for the terms and conditions under which the Board would accept and treat sewage from the Clinton-Oakland Sewage Disposal District; and WHEREAS on January 29, 1973, the Board and County entered into amendment number 1 to the written agreement of February 5, 968; and WHEREAS the Board and County have agreed to enter into an amendment, amendment number 2, to the February 5, i968 agreement to comply with an order of the United States District Court for the Eastern District. of Michigan dated April 15, 192, issued in civil action number 77-71100, which amendment number 2 will be executed by the partfes contemporaneous with the execution of the present document; and WHEREAS the Board and County have further agreed to enter into an amendment, to be known as amendment do. 3, to the February. 5, 1968 agreement, which amendment No. 3 shall serve to revise certain paragraphs of amendment No. 2 which have been identified by the parties to require clarifi- cation. NOW THEREFORE IN CONSIDERATION OF PROMISES AND COVENANTS HEREIN MADE, IT IS HEREBY AGREED that the existing contracts between them dated February 5, 1968 ., and JanearY 29, i973, arid 1982, shall be amended as follows, hut except as provided herein the existing contracts remain in full force and effect: I. Amendment No. 2 to the February 5, 1968 agreement is hereby revised in the following particulars: A. Paragraph 1.A(1)(b) is hereby revised to read as follows, (b) The rate for operation and maintenance expenses, including replacement, shall be applied to the volume of sewage delivered by the County, and shall also include surcharges to be applied to the discharges of individual users whose loadings of specified pollutants exceed normal loadings. The Board shall specify the pollutants to be surcharged, and shall define normal loadings of these. pollutants. The rate shall conform to section 204 (b)(1)(A) of public. law 92-500, as amended, and regulations of the United States Environmental Protection Agency (hereinafter referred to as the "U.S. EPA"), being 40 CFR, 35.929 through 35.929 -3. B. Paragraph 1.11.(5) is hereby revised to read as follows: (5) All costs other than those costs recovered by surcharges as herebefore set forth, may be recovered by volume alone, or by volume and surcharges, or by any mutually agreeable method which provides a distribution of cost reasonably related to the service provided. 2. This amendment shall inure to the benefit and be binding upon the respective parties hereto, their successors and assigns. L This amendment shall take effect upon its adoption and execution by the respective parties hereto, its approval by the City Council of the City of Detroit and its approval by the appropriate authorities of the County of Oakland, retroactive to July i, 1982. OAKLAND COUNTY (Clinton-Oakland) Witness (Oakland County) A Michigan Municipal Corporation (signed) By (signed) (typed) (typed) Tftie Witness (Oakland County) Address (signed) (typed) Telephone dumber THE CITY OF DETROIT A Michigan Municipal Corporation, by Witness (Board of Water Commissioners) its Board of Water Commissioners (signed) By (signed) (typed) (typed) Title Witness (Board of Water Commissioners Address (signed) (typed) Telephone Number 30 -51 Commissioners Minutes Continued, February 3, 1983 fINANCE DEPARTMFHT No Date_ hereby sort), an appropriatior;--bas been made to rceier thc expense t.,a he incurred under this contract. Chief Acco Of The origdnal andnopies of this contract Suer. . been duly cue tot This contract was confirmed by the Detroit to Council Date. TAW BEFARTMENT dpr av-3 .ss to form and execution subject to sTprofral by the Purchasing Director ard the City Council Corporatfon Council Purshasing Department for the City of Detroit Page Pu rcto Moved by Hobart supported by Perinoff the resointlor be adopted. AYES Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, taw -, McConnell, McDonald, McPherson, Moffitt, Moore, We Icon Olson, Ferinoff, Fernick, Rewold, Wilcox, Aaron, Caddell, Doyon, Foley, Fortino. (22) MAYS; Lanni, Calandra. (2) A sufficient majority having voted therefor, the resolution was adopted. Misc. 830)6 By Ms. Hobart IN RE: EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM To the Oakland County Board et1 Commissionors Mr,. Chairperson, Ladies and Gentlemen, WHEREAS by agreement dated December 30, Ii 1 es amendRd oa sinlY 1 2 , 1 96 1; June 1 ?,, 1963; and March I. 1975, the City of Detroit, by its I1:::•.:ard •fater Cemmisioners and the County of Oak- land, by its Board of Public Works entered inle the Soaeee Disposal Agreement for the Evergreen- Farmington district; and WHEREAS the City of Detroit, acting through its Board of Water Commissioners, filed with the U.S. District Court a Motion for Order to Show Cause why all suburban contract customers of the Board of Water Commissioners of the City of Detroit should not be redulred to enter into contract amendments containing provisions mandated by the Settlement. Agreement, dared July 19, 1978; the Amended Consent Judgment, dated Auuust 26, 1980; and by• the per'' is of Public Law 92-500 and Public Lou 95-217, applicaLle to user charge systems and • ,r,••••v tr.,c ordtrances, curd a proposed amended contract having beer attached to said petition; WHEREAS on Apr) 15, 1982, rhe U. S. District Court ordered the City of Detroit. acting through its Board of Water Commissioners to draft contract amendments for each suburban customer of the system consistent with the exhibit attached to the aforesaid Motion, and WHEREAS the U.S. District Court also ordered that the duty authorized legislative body or agency of each suburban customer of the City of Detroit shall implement the requirements of the Amended Judgment and Date Suttlemort Agreements by adopting and approving such amendments as binding and lawful contractual alTivaflans of each such suburban customer, and that such action shall be taken so that the. amendmeni.u shall be in full force and effect on or before. July. 1962. NOW THEREFORE BE IT RESOLVED that the "Amendment No. it and Ae.ndblent No 5 to Sewage Disposal Agreement, City of Detroit - County of Oakland (Evergreen Farmington)" are hereby- approved and the Chairperson of the Oakland County Board of Commissioners is hereby authorized and directed to sign said amendments. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resoiuton. PLANNING AND BUILDMG COMMITTEE Anne M. Hobart, Chairperson AMENDMENT NO. 4 TO SEWAGE DiSPOSAL AGREEMENT CITY OF DETROIT - COUNTY OF OAKLAND (EVERGREEN - FARM)NGTON) THIS AMENDATORY AGREEMENT is made this day of , 1982, between the CITY OF DETROIT, a municipal corporation organized under the laws of the State of Michigan, by its Board of Water Commissioners (hereinafter referred to as the "BOARD"), party of the first part, and the COUNTY OF OAKLAND, a public body corporate under the laws of the 5/ate of Michigan (hereinafter referred to as the "COUNT("), party of the second part. WITNESSETH. WHEREAS, the BOARD operates a wastewater treatment works which is composed of a sewage treatment plant, located lo the City of Detroit at 9300 West Jefferson Avenue, along with certain appurtenant interceptors and pumping stations, located principally at various places within the. City of Detroit, but some of which ore located outside the City of Detroit, which are necessary to Comrdssioners Minutes Continued. February 3, 1983 32 transport the sewage to the treatment plant; and WHEREAS the BOARD has at vac-ious times entered into contracts with a number of suburban communities whereby the BOARD has agreed to make available. its treatment works to provide sewage treatment and disposai service to the suburban communities, and the suburban commmnities have agreed to pay rates established by the BOARD for providing such service; and WHEREAS these- sewage. service contracts are for the protection of the public health, safety and welfare of the people in the community, in the county, in the state, in the nation and neigh- boring nations; and WHEREAS the calculation and allocation of costs of providing sewage treatment and disposal service, inciuding transportation of the sewage, have been the subject of some disagreement between the BOARD and the suburban communities, and the rates and charges resulting from he calculation and allocation of costs have been the subject of litigation; and WHEREAS in an effort to avoid further litigation about rates and charges for sewage treat- ment and disposal service, including transportation of the. sewage, the BOARD and all of the suburban communities then under contract for such service, entered into a Settlement Agreement which was filed in the United States District Court for the Eastern District of Michigan on July 19, 1978, (hereln- after referred to as the 1978 Settlement Agreement); and WHEREAS the 1978 Settlement Agreement contains rate making principles which shall govern the methods of calculating and allocating costs and the resultant rates and charges, and the Settle- ment Agreement also requires that all service contracts shall be amended to incorporate these rate making principles therein; and WHEREAS an Amended Consent Judgment was entered in United States District Court Civil Action Numbers 77-71100 and 80-71613 which required all communities and agencies under contract with the City of Oct rot for sewage treatment services to enact diligently and enforce sewer use and industrial waste control ordinances consistent with and at least as stringent as those of the City of Detroit; and WHEREAS a Settlement Agreement filed with the United States District Court for the Eastern District of Michigan on August 26, 1980 resolved matters of rates, allocation of the costs of the interceptor collapse at the intersection of Hayes and 15 Milo Road, User Charge. System, industrial Cost recovery and. other matters related to rates effective January- 17, 1980, (hereinafter referred to as the 1980 Settlement Agreement); and WHEREAS a Settlement Agreement filed with the United States District Court for the Eastern District of Michigan in May, 1982 resolved matters of rates, allocation of the costs of the inter- ceptor collapse in the Edison Corridor, Sterling Heights, Michi .gan; amended in part, paragraph 55 of the 1978 Rate Settlement Agreement dealing with the principle of maximum debt financing in con- nection with application of the additional bond test required by Section 10 of Ordinance 517-E. of the City of Detroit, and other matters related to rates effective during the fiscal year July 1, 1981 through June 30, 1982 (hereinafter referred to as the 1982 Settlement Agreement); and WHEREAS the United States Environmental Protection Agency has given the Board approval under the Step 3 grants provisions of Public Law 92-500 and Public LAW 95-217 conditioned upon the signing of the service agreements between the Board and each contract customer providing for imple- mentation of satisfactory user charge systems, sewer use ordinances or regulations and the Board's Industrial Cost Recovery System by each community served by the BOARD; and WHEREAS the Court in Civil Action Mo. 77-71100 issued an Order Re Service Contract Amend- ments dated April 15, 1982 requiring the parties to amend their contracts as aforesaid, NOW THEREFORE, in consideration of the pros sirs and the covenants herein made, the parties hereto agree that the existing contracts between them dated December 30, 1958 and June 13, 1963 shall be amended as follows, but except as provided herein the existing contracts remain in full force and effect: 1. The COUNTY shall pay the BOARD for sewage treatment and disposal service at such rates as the BOARD may establish from rime to time The BOARD shall review the rates annually and shall adjust them as may be necessary to maintain a proportionate distribution of costs among user classes, and to generate sufficient revenue to pay the total costs of the sewage system. Rate adjustments shall be determined according to the following principles: A. Revenue Requirements. Revenue requirements shall be based upon the finances re' pored to meet all operating, maintenance, capital requirements including debt financing and coverage, and any obligations imposed by law, and shall reflect not only recent cost experience but also a recognition of the reasonably estimated future cost levels during the period for which the rates are being established, (1) Operating and maintenance expenses of the system, (a) Operating and maintenance expenses shall include replacement of process equip- ment, accessories, or appurtenances which are necessary to maintain the capacity and performance for which the treatment works is designed and constructed. (h) The. rate for operation and maintenance expenses, including replacement, shall include a factor to be applied to the volume of sewage delivered by the COUNTY, and shall also include surcharges to he applied to the discharges of individual users whose loadings of specified pollutants exceed normal loadings. The BOARD shall specify the pollutants to be surcharged, and shall define normal loadings of these pollutants. The rate shall conform to Section 204(b)(I)(A) of Public Law 92-500, as amended, and regulations of the United States Environmental Protection Agency (hereinafter referred to as the U.S. EPA), being 40 CFR, 35.929 through 35.929-3. 33 Commissioners Minutes Continued. February 3, 1983 (2) Maximum Debt Financing, The BOARD shall obta.n capital funds for the expaneion, renewal and reconstruction of common use or seleiv suburban use major capital assets or improvements from the issuance- of revent•.: bonds, to the mwm extent possible together with maximum use of coverage monies generated thiereby, "Coverago mo,irs the excess of revenues required to meet the coverage test over revenue tequiremehts determined without respect to the coverage test. "Coverage Test" means the requirement imposed by Section ID of Ordinance 517-E of the City of Detroit which provides that in the year of Wssuance of revenue bonds of standing equal to those presently out- standing, estimated net revenue, shall he ianual to ar least one and one-hall (I 1/2.) times the largest arount or combined principal and interest to fali due in any future operating year on any bonds then payable out of the new revenues of the system, including such additional bonds then being issued. Detroit shall apply the ptinciple of noximpm delt financing set forth herein consistent with an interpretation of the additional bonds zest which incorporates the following principles: (a) Estimated investment income of the DWSD wtil not be included in determining revenues. (b) future operating and maintenance expenses estimated to result from the addition of capital facilities for which bonds are issued, shall be included as an expense in determining net revenues only with respect to the periods in which it is reasonably- esti -mated that they will be in- curred. The parties acknowledge that Detroit can comply with the additional bonds test by setting future rates sufficient to defray estimated future operation and maintenance expenses in the periods in which they will be incurred. (3) Depreciation. User charges shall not reflect a charge for tho depreciation of physical assets, which together with a rate. of return and provision for operation and maintenance expense would generate revenues in one c-, of system revenue requirements including coverage, B, UrilCH13 Allocations of Costs Incurred, The recovery of C3St$ incurred by the system shall be accompli ,hed through the instirution of rates which assign, allocate and apportion such costs to ail ratepayers on the. basis of principles uniformly applicable to ali, it being the in- tention of the parties that such rates (whether designed on the at or cash basis) will, as nearly as is practical, recover from each customer class the respective cots of providing service regardless of the ratepayer's location. IP particular: (1) If rates are kdsed upon a system of charging a percentage rate of return on net -Thsset or capital structure rote ta ,.n, (through thc use of the so-called wiIity basis of rate making) there shall he no differential in the rate of return charged to customers residing or kx,ated within the City of Detroit and customers residing or located without the. City of Detroit. Nothing hereln contained shall prohibit the BOARD froM designing its rates on the so-cal ed cash basis, (2) if rates for the transportation charge to customers served by the Oakland-Macomb interceptor are based upon the utility basis with a percentage ratti of return, such rate of return shall be the same as the rale of return charged to other customers of the system m Nothing contained herein shalt prohibit the BOARD from employing the cash basis of ratemaking, inn hiding ratemaking for customers served by the Dakiand-Mucomh interceptor. 'Transportation Charge" means the aggregate of all costs assigned or allocated to contracting parties served by the. Macomb-Oakland interceptor which are net costs incurred for service in common with other customers, including all costs of operation and maintenance, depreciation, and, to the extent rates are based on a rate of return or other charge based on plant value, the cost resulting from application of such change or rate to the inceptor and related equipment. (3) Should the cash basis he used in any future rate study, the allocation of debt service costs to all customers or facilities shall he based upon the system we average interest rate at the time, (4) Surcharges shall be utilized to recover incremental operating, maintenance and re- placement costs incurred in trearing sewage whicii, at the point of discharge, contains specified pollutants in concentrations exceeding those of normal domestic sewage, as defined by the BOARD. (5) Alt costs other than those costs recovered by surcharges as herebefore set forth, may he. recovered by volume alone, or by volume and surcharges, or by any method which provides a distribution of costs reasonably related to the service provided. C. following the computation of rates for customers residing or located within the City of Detroit and customers residing or located without the City of Detroit pursuant to the princinies net forth in this contract, such rates shall be further adjusted by deducting- from the revenues to be charged customers within the City of Detroit and adding to the revenues to be charged customers without the City of Detroit, and making appropriate adjustments of the rates for sewage service to be charged to such customers, an amount determined as f'ollows: (I) for the fiscal year 1981 (July 1, 1980 through June 30, 1980, such amounts shall be the sum of $1,102,500. For each fiscal year thereafter, such amunt shall he increased by '"5, determined upon a compounded basis. for example, the amount for fiscal 1982 shall be the sum of $1,157,625. For fiscal 1983, this amount shall be the sum of $1 ,2l5,506, and similarly for succeeding fiscal years. (2) This payment shall be made, and rates so adjusted as- a payment to reflect the cost of indirect beneflts or services provided by the City of Detroit to the BOARD for common use facili- ties within the City of Detroit, smell as police and fire protection, the risk of tort liability, the loss of tax base that the City loses as a result of the BOARD's tax exemption, and the fact that the suburbs receive sewage treatment without having to devote any of their land to a tax free utility. Commissioners Minutes Continued. February 3, 1983 (3) In the event that the City of Detroit shall at any time hereafter render billings or accounting statements for indirect services to the BOARD such as police and fire protection, risk of tort liability, loss al tax base or any other type of cohtrthution in lieu of taxes with the effect that such billings or statenlents become part of the BOARD budget for ratemaking purposes, then the amount of such charges allocated or apportioned to the contracting customers shall be de- ducted from the amount determined pursuant to subsection 5.C(1) above, and shall in no event exceed the amount determined pursuant to subsection 5.C.(1) above. D. The amount charged to the suburbs for payment for indirect benefits and services set forth in Paragraph 5.(c) above shall he allocated among suburban customers in the same manner in which treatment costs are allocated. E. The BOARD may continue to include in its rates charges for direct services which the City currently renders and bills to the BOARD. Such "direct services" shall be limited to the kind Dl: service& historically provided by offices, departments or agencies of the City of Detroit such as various kinds of ticenses and permits, electricity, steam, water, paving, vehicles, and rubbage pickup; the Ombudsman, the cost of which will be allocated between the customers within the City of Detroit and the customers without the City of Detroit based upon the proportionate number of com- plaints or inquiries by each such class of customers; and those which were included in the BOARD's budget for fiscal 1978. No additional charges may be made for 'direct services" provided by other or additional City offices, departments and/or agencies without the prior agreement of the contracting parties, Such agreement shall not be unreasonably denied or delayed should it appear that the particular service or services result in a legitimate, direct benefit to the system and its customers, F. Whenever the BOARD shall undertake any study which may result in the revision of rates, including any study relating to industrial cost recovery charges, user charges, or other matters relating to the requirements of P.t. 92-500, 33 U.S.C.A. 1251 et seq. as arended, it shall notify the appropriate agents of Oakland, Wayne and Macomb Counties, and its other contract customers of such study, and shall, during the course of any such study, make available, upon request, to such contract customers, their agents, consultants and attorneys, any interim or preliminary reports and final reports prepared in the course of such study. In conjunction with furnishing the aforesaid reports. the City of Detroit and its consul-_ tants at the request of the contracting parties will have a conference with the contracting parties and representatives in order to explain and discuss the reports being provided. The requestin g party shall reimburse the BOARD for any out-of—pocket costs incurred in meeting such request. Nothing contained herein shall require the City of Detroit to undertake any activity which may im- pede it in complying with the requirements of the consent judgment dated September 14, 1977 or other orders of the Court entered pursuant to P.L. 92-500, 33 U.S,C.A. 1251, et seq, as amended. In addition, such presentation will be done in a manner, place, and time mutually convenient to all of the parties involved including the City of Detroit's consultants. 2. The COUNTY agrees that it shall adopt and enforce, and shall cause each of the local governmental units within its jurisdiction for sewage treatment and disposal service as provided by the BOARD to adopt and enforce, rules and regulations to implement and maintain a revenue system whereby, as a minimum, the operation, maintenance and replacement portion of the BOARD's rates are distributed proportionately to each user or user class that is tributary to the BOARD's treatment works. In particular, these. rules and regulations shalt provide that surcharges established by the BOARD for the recovery of incremental operation, maintenance and replacement costs cf treating extraordinary concentrations of sewage, shall he billed to and collected from individual firms as identified by the BOARD in its billings. These rules and regulations shall conform to Section 204 (b)(l)(A) of Public Taw 92-500, as amended, and regulations of the United States Environmental Protection Agency (hereinafter referred to as the U.S. EPA), being 40 ('FR, 35.929 through 35,929 -3, and shall achieve a proportionate User Charge System which is effective throughout the BOARD's service area. The rules and regulations shall provide for moral:bring of commercial, governmental and industrial users and shall be consistent with the monitoring rules and regulations of the City of Detroit. The Board shall have the right under said rules and regulations to audit all monitoring activities including the right Co perform nor itoring tests itself to verify the accuracy of moni- toring results. 3. The COUNTY agrees that it shall adopt and enforce, and shall cause each of the local governmental units within its jurisdiction for sewage treatment and disposal service as provided by the BOARD to adopt and enforce, rules and regulations pertaining to the use, design and construc- tion of sewers, and the discharge ot industrial or commercial wastes into sewers, where such sewers are tributary to the BOARD'.: treatment works. Such rules and regulations shall be consistent w i th and at least as stringent as all applicable provisions of the pertinent ordinances adopted by the City of Detroit, these being the 1979 amendments to Chapter 56, Article I, and Chapter 56, Article. 6, of the Municipal Code of the City of Detroit as they may be adopted and amended from time to time. In the event any municipality or other governmental unit shall fail to adopt an ordinance as re- quired herein, or shall fail to diligently enforce the same, the BOARD shall take appropriate action which may include suit in an appropriate court of general jurisdiction alleging such municipality's failure to adopt or enforce an ordinance, and lot lowing a hearing on the merits, should the court find that the allegations in the BOARD's petition are true, it is agreed that such court say, in such instance, grant appropriate injunctive relief against said municipality or any individual dis- charger there; terminate the municipality's contractual right to discharge waste waters into the I-TT-IT-- Address 35 Commissioners Minutes Continued. Februa 3, 1'383 BOARD's system and/or to grant the WARD such other relief as may be appropriate under the circum- StanCeS. These actiolui, shall enable the BOARD to: A. Deny or condition new or incrednd contributions of pollutants or changes in the nature of pollutants, to the waste collection sy .nYsm by Industrial and Comnerciai Users. The terms "Industrial and Cmnercial" user shall mean tnse . defined in SectiOn 514-3(11) and (P) of Detroit Ordinance No. 353-H of Chapter 56 of Article 6 passed an November 7, 079 and as may be amended From time to time. R. Require compliance with applicable current and future. National Pretreatment Standards and other more restrictive requirements as nay be imposed by the BOARD promulgat.d by the U.S. EPA under the Federal Water Pollution Control Aet, 33 U.S.C. 1251 et seq. C. Control, through permit, contract order, or similai he contribution to the waste collection system by Industrial and Commercial Users to ensure csm -apiinnce. with parnraph R above. D. Require the development of coriipi lance sehaduins by Indussrial and Commercial Users for the installation and facilities required to meet applicable National Pretreatoent Stan- Herds and other more restrictive requirements as may be imposed by the BOARD. E. Require the submission of notices and sm.-if--monitoring rolwrts From industrial and Commercial Users to assess and asf,cre compliance iinth National Pretreatment Standards and - other more restrictive requirements as may be imposed by the BOARD. F. Carry not all inspection, surveillance and irionitoring procedures necessary to de- termine, independent of information suppHed by Industrial and Commercial Users, compliance or non- compliance oith applicable. National Pretreatment Standards and other more restrictive. requirements as may be imposed by the BOARD. It being further understood that. the BOARD may contract with qualified parties to carry out the inspection, surveillance. and monitoring procedures of this para- graph. G. Seek injunctive relief for noncompliance with National Pretreatment Standards and other more restrictive requirements as may be imposed by the BOARD, H. Require industrial and Commercial Users to install containment facilities to pro- tect the treatment works from accidental spills of critical or nastardous materials, 11. This amendment shall inure to the benefit of and be binding upon the respective i-Parties hereto, their successors and assigns. 5, This amendment shall take effect upon its adoption and execution by the respective. parties hereto, its approval by the City Councdi ef the City of Detroit, and its approval be the appropriate- authoritiei., of the County of Oakland. OAKLAND COUNTY (Evergreen-Farmington Witness (Oakland County) A Michigan Municipal Corporation (signed) By . (signed) (tiPed) (typed) Address (signed) (typed) Witness (Oakland County) Witness (Board of Water Commissioners) (signed) (typed) Telephone. Number_________ THE C41Y OF DETROIT A Mictiqan Municipal Corporation, by its Board of Water Commissioners By (signed) (typed) Witness (Board of Wa or CommissioncLi.) (type FINANCE. DEPARTMENT No, Date L hereby certify that an appropriation has been made to cover the expense to be incurred under this contract. Chief Accounting Officer The original and copies of this contract have been duly executed. This contract was confirmed by the Detroit City Council Date Page Telephone Humber — — LAW DEPARTMENT Approved as to form and execution subject to approval by the Purchasing Director and the City Council Corporation Council Purchasing Department for the City of DetroEt Purchasing Director AMENDMENT NO. 5 SEWAGE SERVICE AGREEMENT CITY or DETROiT - COUNTY OF OAKLAND CIVERGREEN-FARMINGION DISTRICT) This amendatory agreement is made. this . day of_____, 1982, between the City of Detroit, a municipal Commissioners Minutes Continued. February 3, 1983 corporation organi7ed under the Jaws of the State of Michigan, by its Beard of Water Commissioners (hereinafter referred to as the. "Board') , party of he first part, und the County of Out<lund, a public. body incorporated under the laws of the State of Michigan (hereinafter referred to as the "County"), party of the second part. W1TNESSETH: WHEREAS on the 30th day of December, 1958, the board and County entered into a written agreement providing fur the terms and conditions under which the Board would accapt and treat sewage from the Evergreen-Farmington Sewage Disposal District; and WHEREAS on July 12, 1961, the Board and County entered into agendment number 1 to the written agreement of December. 30, 1958; and WHEREAS on Jur ,. 13, 1963, the Board and County entered inte amendment number 2 to the written agreement of Decodr 30, i958; and WHEREAS on March 1, 1975, the. Board and County entered into amendment number 3 to the written agreement. of December 30, 1958; and WHEREAS the Board and County have agreed to enter into an amendment, amendment number 4, to the December 30, 1958, agreement to comply with an order of the United States District Court for the Eastern District of Michigan dated 0nr-11 15, 1982, issued in civil action number 77-71100, which amendment number 4 wi1i be executed by the parties contemporaneous with the execution of the present document; and WHEREAS the Board and County have further agreed to enter into Cr amendment, to be known as amendment number 5, to the December 30, 1958, agreement, which amendment number 5 shall clarify the terms and conditions of the December 30, 1958, agreement which are rendered ineffective by virtue_ of amendment number 4, NOW THEREFORE IN CONSIDERATION OF PROMIES AND COVENANit KEREIN MADE, IT IS HERETO AGREED that the existing contract between them dated December 30, 1958, shall be amended as, Fe] tows, but except as provided heroin the existing contracts shall remain in full force and effect: i. By virtue of aiwndment number 4 to aw December 30, 1958, agreement, paragraphs 2. and 3 and the second sentence of paragraph 4 of the December 30, 1958, agreement are deleted and rendered into 2. Amendment number 4 to the December 30, 1958, agreement Fe hereby revised in the -folloWing particulars A. Paragraph 1.A.(1)(b) is hereby revised to read as follows: (b) The rate for operation and maintenance expenses, including replacement, shall be applied to the volume of sewage delivered by the County, and shall also include surcharges to be applied to the discharges of individual users whose loadings of specified pollutants- exceed normal loadings. The Board shall specify the pollutants 10 be surcharged, and shall define normal loadings of these. aoIlut.ants. The tate shall conform to section 204 (ti (1 of public law 92-500, as amended, and regulations of the United States Environmental Protection Agency (hereinafter referred to as the "U.S. EPA"), being 40 crR, 35.929 through 35.929-3 FL Paragraph 1.B.(5) of amendment number 4 to the December 30, 1958, agreement is hereby revised to read as follows: (5) All costs other than those costs recovered by surcharges as herebefore set forth, may be recovered by volume alone, or by volume and surcharges, or by any mutually agreeable method which provides a distribution of cost reasonably related to the service provided. 3. This amendment and amendment number 4 to the December 30, 1958, agreement shall be construed as complimentary to one another and not as being in conflict except as expressly stated herein. A. This amendment shall inure to the benefit and be bincli.ng upon the. respective parties hereto, their successors and assigns. 5. This amendment shall take effect upon its adoption and execution by the respective parties hereto, its approval by the City Council of the City of Detroit and its approval by the appropriate authorities of the County of Oakland, retroactive to July 1, 1982. OAXLAND COUNTY (Evergreen-Farmitlgton A Michigan Municipal Corporation By (signed) (typed) Title Witness (Oakland County) Address (signed) (typed) 36 Witness (Oakland County) (signed) (typed) Witness- (Board of Water Commissioners) (signed) (typed) Witness(Board of Commissioners) (signed) (typed) Telephone Number ----- THE CITY OF DETROIT A Michigan Municipal Corporation, by its Board of Water Commissioners By _ (signed) (typed) Title Address Telephre Number no iregtor 37 Commissioners Minutes Continued. February 3, 1983 FINANCE DEPARTMENT LAW DEPARTMENT No. Date I hereby certify that Approved as to form and execution subject an appropriation has beer made to cover the to approval by the Purchasing Director and expense to be incurred under this contract. the City Council Chief Accounting Officer The or andcopies of this contract have been duly executed. This contract was confirmed by the Detroit City Council Date Page Corporation Leone Purchasing Department for the City of Detroit Pu-rch-as Moved by Hobart supported by Perineff the resolution be adopted. AYES: Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Lau, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Periboff, Pernick, Rood d, Wilcox, Caddell, Doyon, Foley, Fortino, Gosling. (21) NAYS: Calandro. (1) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83017 By Ms. Hobart IN RE: 401i1 CLAIM DEED, WATERFORD TOWNSHIP, PART OF SIDWEEL NUMBERS 13-6-427-001 THRU 13-6-427-016, COUNTY OF OAKLAND TO BOARD OF COUNTY ROAD COMMISSIONERS, ROAD RtGHT OF WAY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies end Gentlemen: WHEREAS on December 9, 1950, a group of property owners quit iaired a strip of land 40 feet in width to the County of Oakland for road purposes, said land being described as follows: A strip of land 40 feet wide in Plan's Addition to Mountain View Park, Section 6, Town 3 North, Range 9 East, Waterford Township, Oakland County, - Michigan, described as follows: Beginning at the point of intersection of the North line of Whitfield Drive in Supervisor's Plat No 33 of part of the Southwest I/4 of Section 5, town 3 North, Range 9 East, Michigan, with the East line of Section 6 of said township, thence Northwesterly in a direct line to the East line of Lot 4 of said Blain's Addition to Mountain View Park at a point 20 feet North of the Southeast corner thereof; thence West parallel to and 20 feet North of the South line of Lots 4 to 15, inclusive, of said Blain's Addition to Mountain View Park and continuing on said line across Lot 16 of said Blain's Addition to Mountain View Park to the Northeasterly line of Dorothy Lane as now established; thence Southeasterly along the Northeasterly line of said Dorothy Lane to a point 20 feet South of the South line of Lots 14 and 15, thence East 20 feet South of and parallel to the South line of Lots 4 to 15, inclusive; thence Southeasterly 40 feet South of and parallel to the first course of this description to the East line of Section 6; thence North along the Section line 41.92 feet to the point of beginning, for roadway purposes. Recorded in Libor 3529, Page 601, Oakland County Records; and WHEREAS the Oakland County Road Commission and adjoining property owners wish to make improvements on Torre! Drive, such as paying, shoulder construction and road drainage; and WHEREAS in order to accomplish said construction and related work, the right of way should be in the name of the Board of County Road Commissioners. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commis- sioners be and is hereby authorised to execute a quit claim deed on behalf of the County of Oakland. 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 Copy of Quit Claim Deed on file in County Clerk's Office. Moved by Hobart supported by Foley the resolution be adopted, AYES: Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Pcrinoff, Pernick, Reword, Wilcox, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83018 By Ms. Hobart IN RE: LEASE RENEWAL FOR ANTI -ORGANIZED CRIME OFFICE SPACE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution 82026, Commissioners Minutes Contihoed. I:.hrri 3 1983 38 adopted February 18, 1382, authori7ed a iease for office space tiiiith Empire Properties, a Eilchigan co-partner ship, to house the Anti-Organized Crime; and WHEREAS. said lease was for a period of twelve (12) months ending January 31, 1983; and WHEREAS the County ot Oakland recommend<, iii' leering 2000 square feet of office space located at 31 Oakland Avenue, Pontiac, Michigan, for a period of twelve (12) months beginning February 1, 1983 and ending January 31, 1934 at a coat of $l4,000.00 per year, payable in monthly installments in advance upon the first day of ':very month, as follows: 21/66.74 on February 1, 1983 and 51166,66 for the be of the lease term (I months). NOW THEREFORE BE IT RESOLVED that the Chairperson of rhe Oakland County hoard of Coririis- sioners is hereby authorised to enter into a lease for office space with Austin, Collett, Reilly, Trute and Todd, p,o. Box 37/9, Pontiac, Michigan to howso the. Anti-Organized Crime at a cost of $14,000.00 per year, which amount is to include all custodial, custodial appal cc heat, electric, water and maintenance. BE IT FURTHER RESOLVED alai on page 2 of the lease agrectm:?nt, Tenant to Indemnify, that the language he changed to read, "The Tenant agrees to indemnify and hold harmless the Landlord from any liability for damages to any per ;x)n or property in, on, Or about. said .1e.asd premises arising out of acts or deeds of the County and Tenant procure and keep in effect during the term ivi..reof public iiahility and property damage irysurauce for the benefit of the Landlord in the sum of ..." Mr. Chairperson, on behalf of the Planning and '3tiMding Committee, I move the adoption of the foregoing resolution. PLANNING. AND BUILDING COMMITTEE Arne M. Hobart, Chairperson Copy of Lease on fiie in County Clerk's Office, Moved by Hobart supported by Richard Kuhn the resolution be adopted, AYES: R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Mcore, Nelson, Olsen, Pernick, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyen, Foley, Fortino, Gosling, Hobart, Jackson, (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution we a adopted. MIS.0 83019 By Ms, Hobart IN RE: DEPARTMENT Of TRANSPOPTATON, STATE OF MtCH1CiAN, EXCESS PROPERTY (N ORION TOWNSHIP To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Department of Transportation, State of Michigan, owns excess property, Control 63172, Parcels 43 and 84, in the Township of Orion, described as: That part. of Lots 124, 128 and 127 of Supervisor's Plat No, 5 of part of the East Half (E 1/2) of the Southwest Quarter (SW 1/4) of Section 32, TON, R1OF, Orion Township, Oakland County, Michigan, as recorded in Liber 546 of Hats, page 93, Oakland County Records, which lies Northerly of a line 33 feel Northerly of (measured at right angles) and parallel to a line. described as: Commencing at the Northwest corner of Section 5, T3N, R1 0E, Pontiac Township, Oakland County, Michigan; thence South 01 deg, 43' 08" tart, 569.17 feet; thence North 89 deg, 22' 42" East, 1329.73 feet; thence. North 01 deg. 09 48" West, 670 feet to the point of beginning; thence North 89 deg. 2.2' 42" East, 178 feet to the point of curvature of a 318.31 foot radius curve to the right (chord bearing South 80 deg. 07' 18" East); thence Easterly along the arc of said curve a distance of 116.67 to the point of taw)ency; thence. South 69 deg. 37' 18" East, 32.64 feet to the point of curvature of a 318.31 foot radius curve to the left (chord bearing South 81 deg. 07' 18" East); thence Easterly along the arc of said curve a distance of 127.78 feet to the point of tangency of said curve; thence South 87 deg. 22' 42" fast, 200 feet to A point of ending. Excepting there- from the Westerly 90 feet of sa1d Lot 127. Contains 19,300 square feet, more or less. WHEREAS the Department of Trarn4iortation, State of Mich i gan has determined that the afore- described property is excos to highway needs, and WHEREAS. Department of Transportation's property procedure. provides that local governmental units be given a chance to indicate their interest in the purchase of the property at current market value prior to offer rip Srt. property for sale to the general public: and WHEREAS Department of Transportation's procedure further provides that the conveyances for land sold under these conditions carry a ten (10) year reverter covenant tying the use of the property to specific public uses; and WHEREAS your Planning and Building Committee has reviewed the described property and finds no need for the property. NOW THEREFORE HE IT RESOLVED that the Oakland County- Board of Commissioners not respond to the Department of Transportation's correspondence whereby failure to respond will be taken as an indication that the County of Oakland is not interested in the purctbase of these. parcels, 39 Ct.u.r.ii; ri:, r 111 nil 1- hoed . ...tory 3., 193.3 Mr. Chairper:ion, on Ir,e.half of he Pianoin9 ad rwildihq Ccymmitte, I move the adoprion of the foregoing resolutjora FLANNINC AND RUItDiNG COMMiTTEL Ahne M, Hobart, Chairperson Moved by Hobart supported by Jackor fte elution adopted. ,WCSi S. Kohn, Lanni, Law, McConnell, McDonald, McPherson, hoMLt, Moore, ('Lien, Perinoff, Pargick, Wilcox, AArc.-,q, Caddell, Calandro, Doyon, Folay, Fortino, Gosling, Hobart, Jasekson, R, Kuhn. NAYS; Non,J. (0) A sufficdant majority having volell therefor, tha rc.ioft, :on wris ndoprer.L RETORT By Ms. Hobart IN Pt-: 1982 ANNUAL. REPORT OF THE FlitaliNG AND BUILDING COMMIT1t1. To the Oakland County Hoard of CommHsionors Mr. Chairperson, Ladies I;nntiemen: IH ,itn Secion "E" of 'liii it of the Board Rules, your Planning and anildlnq Corwilttee has made. an inapecrian of county-owned buildings and ground'.,,.. Se.voral t.ours were wade throughout the year and, in general, Tof.nty fneilifies were found to be and, ait,h few exceptions, aught Y.-.) the ttention if stfU for the approprate re- pair ..r.-:t- ind these are be.a. Th..: on, norable exception L , tha. i,anotnfield- Youth Activiti.*s Cnnter where proripm rLcm.dina siding, liqhtine systeins The neac.;sari c.!:)ul is listed e a item io the. 1982. C,.:pL.al improvement Flan and a raoigx...nt'athan oill bc prca,ntPd to tha Pl.:aining and Bi4ItUnq ComnjtMs:.c. early In 1983, 198.2 has been a productive year. The l'el,rinistrative Annex ii remodeling tea: completed 1n March thereoy allowing the Friend of the Court norration to expand. The second phase of the Court- hors Complex remodeUina. in Afch vacat , wgi:s Fade available for the Probate-Juvenile• Digt,:Jon, was also com;aLo:a..1. In May, the 1„ it D.strict Court Building war; completed in Walled Lake and occupied by the First Division. During the summer, the model i:,0 of the ireasarer's Office was completed by the Maintenance Division. This remOdeling was initiata.d hy a propex,a1 for a more efficient. operation by the Treasurer and resulted in a reduction of spacc. Three jai1-relate.(1 proicJs welts awi)rded in September. 'Inc of these was ihe conversion of the Cnort Tower detention cells int.c. on nverniqhf holding facility for the excess 1 population in the guiding dre::'. This wort was tiompleted hy the Maihtenance Divkion in Oetaber and approved by the Miahigno II, .artmenr ri Cca-rectIon. The other two projects are In the jail iteIf and were awarded N. outside contractors. One wri ,.; for the installation of improve.:1 liThting, two-way core' munication, and a. smoke detector sysrem. The. othr war', For converting an c:o-n-air courtyard into an enciofc -a cygrcise area. The formet is expected to be completed in February and the latter in April of In November, the Employment and Training Division was relocated from offices In downtown Pontiac to other quarters within rhe cicy. The major airport related projects include the in9taliation of ly T-Hangars at Oakland/ Troy and a new service. entrance road at Dekland/Portiac. In related activities, the Facilitie5 Engineering Division f'uraished environmental assess- ments for 61 Community Development- projects in 35 Oakland County common F's-' Construction manage- ment services wete also provided to the Parks and Recreation Comnit,sTon for projects in Groveland- Oaks and Addison Oaks. Continued progress is belng made in energy conservation. Since 1977, energy conciumption has been reduced by in the. facilitis located on the. r,eryice center. At the end of 1582, this reduction in consumption has resulted in a cumulative savings of river S2,839,000. The Department of Central Services was the recipient of an award for thei development and continuing operation of the Service Center. The award was presented by the American Institute of Plant trigineers at the November- 16, 1982, Board meeting and marked the first. time the award was made to a government agency. Mr. Chairperson, on behalf of the Planning and building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Anne M. Hobart, Chairperson Moved by Hobart supported by Susan Kuhn the report be accnpted. A sufficient majority having voted therefor, the motion carried. in ..4oeil repa Minor deft rei.. Commissioners Minutes Contin, red. February T, 1983 40 Misc. 83020 By Ms. Hobart IN RE: EIRE DISPATCH SERVICES - SAFETY DIVISION Cc the Oakland County Board of Commissioners Mr, Chairperson, Ladies- and Gentlemen: WHEREAS at the request of the township of Croveldnd, the County- Safety Division has been dispatching fire calls for the Township Fire Oupartmuut since. October 1980: and WHEREAS the Township of Croveland has requested that toe Safety Division continue to provide fire dispatch services for 1983; and WHEREAS the Township of Cr .veland has agreed to continue to reimhursc the County for each fire call at the rata of 56.00 ra€ e-'1€ and WHEREAS the projected nca€her of fire sails for 1983 is approximately two hundred fifty (250) which will produce or income s' $1,500,00 offsetting the recital cost of $1,253,00. NOW THEREFORE BE IT FESCLVED that the Odkland County. Safety Division is hereby authorized to continue providing fire dispatch services for the Township of Greveland for the 1983 calendar year at a rate of 36.00 per tail. 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 Jackson the resolution be adopted. Discussion followed. Vote on resolution: AYES: Lanni, Law, McConnell, McDonald, Moffitt, Moore, Nelson, Olsen, Rewold, Wilcox, Caddell, Calandro, Gosling, Hobart, Jackson, R. Kuhr, S. Kuhn. (17) NAYS: McPherson, Perinoff, Pernick, Aaron, Doyon, Foley, Fortino. (7) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83021 By Mr. Aaron IN RE: RESOLUTION SUPPORTING THE BANNING OF ARMOR-PIERCING BULLETS To the Oakland County Beard of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the National Association of Counties Law Enforcement Sub-Committeti of the Criminal Justice and Public Safety Steering Committee did on January 24, 1983 pass the attached resolution asking the United State Congress to ban the manufacture, importation, possession or sale of armor-piercing bullets; and WHEREAS the attached resolution will be brought before the National Association of Counties Annual Conference for adoption; and WHEREAS such armor-piercing bullets have no legitimate use for sportsmen and are not advocated for use by local law enforcement agencies except in rare circumstances; and WHEREAS the Oakland County Board of Commissioners, by Resolution 1182320, adopted October 21, 1982, did take the position of supporting a ban on armor-piercing and exploding bullets in the State of Michigan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does support the concept of the banning of armor -piercing bullets and does urge the Congress of the United States to pass such legislation. Mr, Chairperson, I move the adoption of the foregoing resolution. Dennis M. Aaron, Commissioner, District 1119 Copy of resolution on file in County Clerk's Office. The Chairperson referred the resolution to the General Government Committee. There were no objections. Moved by Olsen supported by Nelson the Board adjourn until February 24, 1983 at 9:30 a.m.; and also set the time for future meetings of the Board for 9:30 a.m. on March 17th, March 31st and April 21, 1983. A sufficient majority having voted therefor, the motion carried. The Board adjourned at 11:10 a.m. Lynn D. Allen Clerk Richard R. Wilcox Chairperson