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HomeMy WebLinkAboutMinutes - 1983.11.17 - 7324369 November 17, 1983 Meeting called to order by Chairperson Richard R. Wilcox at 10:03 a.m. In the Courthouse Auditorium, i200 N. Telegraph Road, Pontiac, Michigan, Invocation given by James A. Doyon. Pladye of Allegiance to the Flag. Roli PWENT: Aaron, .folardro, Doyon, Foley, Foi-fino, Gosling, Hobart, Jackson, Richard Kuhn, Susan Kuhn, Lanni, Law, MGCtlifil, McDonald, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Price, Wiicox. ABSENT: G -Addeli, henry, fltifnea-son, Perniek, RcwoIni (5) Opornm present, Moved by More stirim'ii—;.(i.d by roicy the minutes of the previous meetinc be approved as printed A sufficient mniori)y raving vefed therefor, the motion car b ed. Moved by Olsen support ad by Guar Kuhn the agenda be approved as printed, A sufficient majority having voted therefor, the motion carried. Clerk read two letters from Pontiac Township announcing public hearings on "Ai Supplemental Development Plan and Tax increment Financing Plan for Auburn Mills Downtown District are Pedeveiopment Area". (Placed on file) Clerk read letter from Chairperson Richard R. Wilcox annourcTrel the appointment of Audlov Bailey, Albert Ascher, Robert Williams, Roger McArvilie, Marilynn Gosling, Mrs, Dick Seer. Mrs. Jane Weber, Paul Thomas, Jr., Hareld Braun, John Todd and She Warbler so the. "50A" Technical Assistance Advisory Council for a term ending Deceriber 31, ISM. Mrs, Gosling was appointed as Chairperson. Moved by Nelson supported by Susan Kuhn the appointments be confirmed. A sufficient majority having voted therefor, the appointments were confirmed. Clerk read letter from Chairperson Richard Wilcox advising the Board of the appointment of Robert W. Page to the Southeast Michigan Travel and Tourist Association Board of Directors for a term ending December 31, 1304. Clerk read letter from Chnirperi,on Richord R. Wilcox advising the Board of the appointment of Hubert Price (Chairpersen), Lillian Maria (Alternate), William Spine/ ii, Joan Young, Michael Izzo and Sherift Spreen to the Jail Depepelation Plan Committee. Misc. 8331b By Mrs. McConnell IN RE: COMMENDATION TO OFFICER CLINTON D. TURBIIl To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Officer Clinton D. Turbin, an eight-year veteran of the Oakland County Sheriff's Department, has been awarded a citation for his heroic efforts to protect a wounded officer from 3%0 Commissioners Minutes Continued. Hocc:.iifc 1 ,)98:3 further harni clarify, ao avestigatien in '2n-rile-cc- oriffhip, and WhIERIAS Oi: ,cef frucOto hot daly ..'r id rhe wnooded officer from an cieer yard, but continued to leopardi:te hi- „-,m) itfa sheicLrud his etarrirado with his own body vfhile first aid was administered; and WHEREAS - n.h selfless ashn - and heroic actoo serves as an example of the dedication and de- votion to defy ot law e.'10r,irWIL personnel. NOW IHY'F....RH hR il PES0tVriD that the Oakland County Board of Commissioners does hereby express deep appreciation and the highest commendation to Officer Clinton D. Turbin of the Oakland County Sheriff's Department. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Many McConnell, Vice Chairperson Moved by McConnell supported by Jackson the resolution be adopted. The resolution was unanimously adopted. Misc. 8331'› By Mrs. McConnell IN RE: COMMENDATiON TO MICHIGAN STATE TROOPER HARRY NORMAN To the Oakland County hoard of Comm: sloners Mr. Chairperson, I, se' and t: ntinmeh: WHI.PEAS aFri at: uary 2, Michtgan State irooper.; harry Norman and Mike Oliver of the Northville State Polh :srs rose -I a family from a burning automobile; and WHEREAS, wh,le Trooper tivar caght the driver as he ran from the car with her hair and clothing aflame and rolled her on the pavement f.t. douse the flame, Trooper Norman freed a nine-year- old boy from t: seat of the flam ng car and cariied his Irree-year-old sister to safety; and WHERLAS the quick response and selfless heroic action of these two officers saved a family from certain ti -oonfy. NOW TNE.7.iFFORE BE IT RESOLVED that the Oaklanie County Board of Commissioners does hereby express to Trooper Harry Norman its deepesi appree:ation and its highest commendation. Mr. Chaiirperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Nancy McConnell, Vice Chairperson Moved by McConnell supported by Nelson the resolution be adopted. The resolution was unanimously adopted. Misc. 83316 By Mrs. McConnell IN RE: COMMENDATION TO MICHIGAN f.TATE TROOPER MIKE OLIVER To the Oakland County Beare of Commissioners Mr. Chairperson, Lad cc and Gentle Fr. WHEREAS on February 2, 1980, Michigan State Troopers Harry Norman and Mike Oliver of the Northville State Poiice Post rescued a family from a burning automobile; and WHEREAS while Trooper Oliver caught the driver as she ran from the car with her hair and clothing aflame and rolled her on the pavement to douse the flame, Trooper Norman freed a nine- year-old boy from the back seat or the flaming car and carried his three-year-old sister to safety; and WHEREAS the quick response and selfless heroic action of these two officers saved a family Iron certain tragedy. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby express to Trooper hike Oliver its deepest appreciation and its highest comnendation. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Nancy McConnell, Vice Chairperson Moved by McConnell supported by Price the resolution be adopted. The resolution was unanimously adopted. Commissioners Minutes Continued. November 17, i983' REPORT By Mrs. McConnell IN RE: TEMPORARY COMMITTEE ASIGNMTVIS TO PUBLIC SERVICES COMMITTEE AND HEALTH AND HUMAN RESOURCES COMMITTEE To the Oakland County Board ot Commissioners Mr. Chairperson, Ladies and Gentieren, The General Government Committee, having received Commissioner Donald R. Ovary's request to be temporarily relieved of committee assignments, recommends the following interim assignments: James A. Doyon - Public Services Committee Nil] am J. Haley- Health and Humzm Pasources Committee Mr. Chairperson, or behalf of the General bovernmcr: Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Nancy McConnell, Vice Chairperson Moved by McConnell supported by Price the report be accepted. A sufficient majority haying voted therefor, the motion carried. Moved by McConnell supported by Susan Kuhn the appointments be confirmed. AYES: Price, Wilcox, Aaron, Galandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson, Page, Perinoff. (20) NAYS: None. (0) A sufficient majority having voted therefor, the appointments were confirmed. • • • • -REPORT By Mrs. McConnell IN RE: APPOINTMENT TO PERSONNEL APPEAL BOARD - JOHN J. McDONALD To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee hereby recommends the appointment of John J. McDonald to the Personnel Appeal Board to fill the unexpired term of Anne M. Hobart for a term ending December 31, 1983. •Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing 'report. GENERAL GOVERNMENT COMMITTEE Nancy McConnell, Vice Chairperson Moved by McConnell supported by Calandra the report he accepted. A sufficient majority having voted therefor, the motion carried. Moved by Nelson supported by Jackson the appointment be confirmed. Mr. Price nominated .James Doyon. Discussion followed. The vote was as follows: Wilcox - McDonald Lanni - McDonald Aaron - Doyen Law - McDonald Calandro - McDonald McConnell - McDonald Doyon - Abstain Moffitt - McDonald Foley Doyon Moore - Doyon Fortino - Doyon Nelson - McDonald Gosling - McDonald Olsen - McDonald Hobart - McDonald Page - McDonald Jackson - McDonald Perinoff - Doyon R. Kuhn - McDonald Price Doyon S. Kuhn - McDonald John McDonald - lb James Doyon - 6 Abstain -. 1 John J. McDonald declared elected to the Personnel Appeal Board to fill the unexpired term of Anne M. Hobart for a term ending December 31, 1983. 372 Commissioncrs Minutes Continued. November 17, 1983 Misc. 33317 By Mrs. NicCpnne.11 IN RE! :APPORC OF SENA -Cc: BILL 307 - ESTABLASHINC AN INTERSTATE COMPACT FOR PLACING CHILDREN FOR ADOPT ON To the Mr. Chairp. , ... PH R:Senatc. RIII prcofide for an inteastamt- areact, or aareement, on the placement 0, children in persedds or 1:,,,jEutio.ns saving apvopr:ate ;(1 faciiitie; awi 4h, . adi.iiLor to vo ,.?idinq f0iaqrent ,., bet4een Michigan and its subdivisions and other stdtes SErnale Bill 307 also prescribes powors and duties of the Departmeni of Social Services, and prescribes jurisdirfricn or the Probate Courts; and wHErrAs in the posE it ha ,,, dirncuit to get other states to accept re sponibl1Hv for rho return E:7) their state or youngsters placed in Michican, but with a compact in place these difficulties wouid be minidaHr.J. NOW THEREFORE BE IT WlOLVED that the Oakland County Board of Commissioners takes a position supporting Senate Bill 30/. BE IT FURTHER RESOLVED that copies of this resolution be sent to all state legislators representing Oakland County and to the county's legislative agent. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Nancy McConnell, Vice Chairperson Moved by McConnell supported by Gosling the resolution be adopted. AYES: Aaron, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Price, Wilcox. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83318 By-Mrs. McConnell IN RE: SUPPORT OF HOUSE BILL. 4723, EXCLUDES STATE RULE MAKING ON LOCAL TEMPORARY DETENTION FACILITIES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Ee.ntft..mer: WHEREAS House Bill 4723 excludes temporary detention facilities operated by local units of government from the jurisdiction oF the Department of Corrections for rule making purposes; and WHEREAS this exclusion provided in House Bill 4723 specifies that the detention period in local facilities be seventy-two hours or less'; and WHEREAS removing the rule promulgation authority from the Department of Corrections Director over local temporary detention facilities could result in considerable cost saving as the prison" oriented state official would likely be less cost conscious than those who must adhere to a local budget; and WHEREAS this proposed legislation avoids any possible conflict with the Headlee Amendment by removing the rule promulgation authority From the state level. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners takes a position supporting House Bill 4723. BE IT FURTHER RESOLVED that copies of this resolution be sent to legislators representing Oakland County and to the county's legislative agent. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Nancy McConnell, Vice Chairperson Moved by McConnell supported by Gosling the resolution be adopted. AYES: Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson, Page, Ferinoff, Wilcox, Aaron. (19) NAYS: None. (C) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. November 17, 1983 3 73 Misc. 8331'3 BY Mrs. McConnell IN Pi::: ,wm 'TO L1cl1H.,AT€ON M11 10I01: AMENDMENTS IMPLEMENT NO THE WAYNE COUNTY CHARTER WITH AMENDMENTS T:.. 41 ill PuR, of: 1973 To the 0J1k1,th: Cf. 0.-MM •.s:.'ners Mr. Cha i,•!. the stat <-' two largest: ccwnt Les, both having the County E. xec,.._ WNE.a..AS I Lod her the fetiney E: dElve form nE b.--arim.mt in 196 under the provisions of tne r aed ',frown as Act ei.9 of the iineblic of 1973 and has re - gue,fed and had eg,.• 1..0 -mndrAm..F CO ACE. 09 EiS regdiied over the 7aars, while: Wayne County voters adopted rheir •: •' which provides for the Countv F.,.(dIJVC form of government on November 3, 1981, and it is ' hills lifplomeating thL ebcifeer hove been and aLl be needed to affect the chart! f; WHEREAt loland Couney having exis -eb 1.1P ,AC' ire nearly ten vents : has its County Executive form C. :io,e ,•Inleril 1 plcitcs ond wilt see', the law cnly when inere is it need: and WHL10EAf: r.. ccnifind the discinct differences ia tGe operating formars, :t zitNs, and population growth 1..:Irerns haeween Oakland Count ./ and wayne County may create unne:aa any aH rAaculties. NOW THEREtORE. BE IT RESOLVED that the Oakland C.-:-Lnty Board of Cor:Imissionens. takes a position opposing any legislative atior :dint %.,UL3id coirlire Df11,2-:::f;flr: io Act 13E act: legislat_ive. acts to im - plement the Wayne County charter without adequate isvrflu the Oakland County Board ot Commissioners. BE IT fUEINER Rft,OLVED that nopie , of this reso:ntion be sent to all members of the state legislature from Oakland County and the County 's legislative. agent. Mr. Chairperson, I move the adoption of the forogoing resolution. GENERAL GOVERNMENT COMMITTEE Nancy McConnell, Vice Chairperson Moved by McConnell supported by Nelson the resolution be adopted. AYES; Doyon, Foley, Fortino, Gosling, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson, Page, Perinoff, Price, Wilcox, Aaron, Cal andro. (13) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 33320 By Mrs. McConnell IN RE: SUPPORT OF PACKAGE OF BIDS LEGALIZING DELAYS IN STATE REVENUE SHARING PAYMENTS UNDER CERTAIN CONDITIONS AND REOIRINC PAYMENT OF INTEREST ON ANY BEI AYED PAYMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS in order to meet emergency fiscal obligations during recessionary periods in Michigan, covecnors on several occdsions have had to delay paying local governments their shares of state tax revenues without specific statutory authority; and WHEREAS this withholding of revenue sharing reached a peak of severity during the 1982 -83 fiscal year when the state held back. 9400 million An revenue sharing payments to local units of government; and WHEREAS these delays in revenue sharing have forced local governments to make eleventh hour changes in their spending to adjust both for the delayed revenue sharing payments and also for the loss of projected interest income on these expected payments; and WHEREAS a package of bills (House Bills 4570, 4572 and 4627) has been introduced to remedy the existing problem by amending the Revenue Sharing Act to statutorily authorize the governor to de - lay revenue sharing payments under certain circumstances and to provide that interest owed by the state on the delayed payments would accrue from the date the payments were dun; and WHEREAS rlter.nt payable Lc the local governmental units would equal the average rate earned by the state 's common cash fund for the quarter preceding the delay; and WHEREAS this package of bills has passed the House and is awaiting action in the Senate. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners goes on record as supporting House Bills 4570, 4572 and 4627. BE IT FURTHER RESOLVED that copies of this resolution be sent to the four State Senators Crate Oakland County and to the county 's legislative anent. Mr. Chairperson, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Nancy McConnell, Vice Chairperson Moved by McConnell supported by Gosling the resolution be: adopted. AYES: Foley, Fortino, Gosling, Hobart, Jackson, R. Kohn, S. Kuhn, Lanni, Law, McConnell, Moffitt, Moore, Nelson, Page, Ferinaff, Price, Wilcox, 1.iron, Calandra Doyon. (20) NAYS: None, (0) A sufficient majority having voted therefor, the resolution was adopted. 3V4 Commisioners Minute:. Continued. November 17, 198'3 1 Sy hi',I..ling 19 kr.: 'I lk. E'ilY IN: :UP CiMIMI EOR IkE lAKLkAD COU91 HCALIH iliVisIDN'S rE:ANTER DLUCHOH .., .i !CID Sint To i he i. , -01 Mr. Choi .ad ilomeni i.CrT, Divi n, . -..: in 1 .ducat ion fir,"er provide.s u vice 1 ''Y'P r 12-1 ,-f gen:tin stare- f t /-'ay ecuipmen , Okti '.urreot i,. Cancer• M Lduont iTr, WilEi rtent '..,.'ro' 1,,,. ( 1 :j:.: ITImr:-rtm, which would ca e aaink,' and rdu:.Ji::,11 in WHEREAS n he IDricha.:e !drapvc, ii,yare, u Itonditional . ndial warranii pr,-•-,,) 10.A, -.d the v lif,,, ,..) r ,-.i_ E.C:1-ViC.e ca hty, prov: i pmer I np and Hall the sstatu Z. -:1 L ie future; WHEREAS Onk,and Coun , on ,,o vice a. ...,_e:..,t N rscu : approxi- mately $9.i00 :o Sli.000 over I tesi :.y- , and WMFREii.S tlie .xeroradiagra . i 2i, rd with xtii.rnded enconetional warranty for S!.',9,900 plus a $450 dc. 1 r nclort.t. up Tile training) tor a totn1 amount of $6.0,350. NOW THEREFORE BE IT RE COLmJ1Hn, Ole T And County Picard of Commissioners hereby autho- rize the acquisition 01 a replacemen: x, rum, adionipj.v System 126 with unconditional extended warranty to be used in the Health Division'; Breast Gancor Delection Center. Mr. Chairperson, on behalf or the Heaitf and Human Recur rues Committee, I move the adoption of the forewing resolution. HEALTH AND HUMAN RESOURCES COMMITTEE Marilynn E. Gosliryi., Chairperson FISCAL NOTE By Dr. Caddell IN RE: XEROPAD/OGRAPHY EQUIPMENT REPLACEMENT FOR THE OAKLAND COUNTY HEALTH DIVISION'S BREAST CANCER DETECTION AAD EDUCATION CEN1ER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Mic.olianeous Resolution 1183308 and finds the necessary funds available in the Equipment Fund to purchase the requested xerorddiography equipment: Further, effective January 1, 1984, the Health Division will be charged a monthiy rental fee of 91,201 to the Equipment Fund for five (5) years to cover maintenance and replDcement of this equipment. Further, the 1984 Fund Budget (account 162-13-0D-6640) be increased by $14,412 to cover the annual rental cost. FINANCE COMMITTEE - G. William Caddell, Chairperson Moved by Gosling supported by Susan Kuhn the resolution, with Fiscal Note attached, be adopted. AYES: Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, Moffitt, Moore, Nelson, Page, Perinoff, Price, Wilcox, Aaron, Calandro, Doyon, Foley. (19) NAYS: None. (0) A sufficient majority having voted therefor, the resolution with Fiscal Note attached, was adopted. REPORT By Finance Committee IN RE: MISCELLANEOUS RESOLUTION #83I109 - OAKLAND L1VLNGSTON HUMAN SERVICES AGENCY AND OAKLAND COUNTY MEDICAL CARE FACILITY AGREEMENT - HOMEBOUND MEALS PROGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Contlemen: • - The Finance Committee has reviewed Miscellaneous Resolution 1183309 and recommends that in accordance with Miscellaneous Resolution 1182176 - Signator Authorization Procedure, the NOW THERE- FORE BE IT RESOLVED ' be amended as follows: "NOW THEUFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes its Chairperson to execute said agreement on behalf of the County of Oakland Commissioners Minutes Continued. November 17, 1983 with the Oakland Livingston Human Services Agency for the purpose of providing apprd,ximately twenty (20) homebound individuals with meals, prepared at the Medical c -ra Facility, at a cost of $3.18 per meal, funded by Title III-C in the amount of $1.83 and by the Oakland County Medical Care Facility in the amount of 3I.39 -." Mr. Chairperson, on behalf of the Finance Committee, I move the acceptance of the fore- going report. FINANCE COMMITTEE G. William Caddell, Chairperson Misc. 83309 By Mrs. Gosling IN RE: OAKLAND UVINGSTON HUMAN -SERVICE AGENCY AND OAKLAND COUNTY MEDICAL CARE FACILITY AGREEMENT- HOMEBOUND MEALS PROGRAM To the Oakland • County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a seventh year Agreement between the Oakland Livingston Homan Service Agency (OLHSA) and the Oakland County Medical Care Facility has been proposed for the purpose. of catering federal therapeutic home-delivered meals in Oakland County; and WHEREAS the Agreement (attached) shall be effective subject to the availability of funding and shall be in force during the period commencing October 1, 1983 and ending September 30, 1984; and WHEREAS it shall be the Medical Care Facility's responsibility to prepare the meals at their location at 2200 N. Telegraph, Pontiac, Michigan 48053 in accordance with Food Specifications provided and furnish said meals for the OLHSA Homebound Meals Program, for approximately twenty (20) elderly persons living in the City of Pontiac and surrounding areas; and WHEREAS authorized officials shall have the right to conduct on-site reviews of the. food service, trall.SPP.11Ij.0.0.....aPd harldEna OpeTations; and. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WHEREAS -such -howebound—pexsond-slaall. aconsist o ndivcdugls .aged sixty (CO) years and older and who have been declared by a physician to be in need of home-delivered meals; and WHEREAS OLHSA shall present the Medical Care Facility with a list of recipients of home- - delivered meals and shall notify same of additions or deletions immediately and WHEREAS OLHSA's employees Or volunteers shall pick up meals prepared by the Medical Care Facility and deliver these meals to homebound persons; and WHEREAS the Medical Care Facility shall provide OLHSA with a monthly invoice staring the number of meals ordered by OLHSA and prepared by the Medical Care Facility during the previous month; and WHEREAS the meal cost breakdown shall reflect a total price per meal of $3.13 of which Title III-C will pay only $1.83 per meal with the Medical Care Facility offering the remaining $1.33 per meal as an in-kind contribution to the program; and WHEREAS both parties shall comply with all other federal, state and local laws, regulations and standards and any amendments thereto as they may apply to the performance of the Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby autho- rize the execution oF said Agreement between the Oakland Livingston Human Service Agency and the Oakland County Medical Care facility for the period October 1, 1983 through September 30, 1984 for the purpose of providing approximately twenty (20) homebound individuals with meals at a cost of $3.18 per meal, funded by Title 111-C in the amount of $1.83 and by the Oakland County Medical Care Facility in the amount of $1.35. Mr. Chairperson, on behalf of the Health and Human Resources Committee, I move the adoptior of the foregoing resolution. HEALTH AND HUMAN RESOURCES COMMITTEE Marilynn E. Gosling, Chairperson Copy of Agreement between Oakland Livingston Human Service Agency 8nd Oakland County Medical Care Facility on file in County Clerk's Office. FISCAL NOTE By Dr. Caddell IN RE; MISCELLANEOUS RESOLUTION 383309 - OAKLAND LIVINGSTON HUMAN SERVICE AGENCY AND OAKLAND COUNTY MEDICAL CARE FACILITY AGREEMENT - HOMEBOUND MEALS PROGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule Xi-C, of this Board, the Finance Committee has reviewed His Resolution 383309 and Finds that this in a continuation of an ongoing program and that no further action is necessary. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Gosling supported by Nelson the report be accepted. 375 376 Commissioners Minutes Continued. November 17, 1983 A sufficient majority having voted therefor, the motion carried. Moved by Gosling adworted by Noisbn• the resolution teiadopted. Moved by Gosling supported . by Moore the resolution be amended as follows: The NOW THEREFORE BE IT RESOLVED paragraph be amended to read "NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes its Chairperson to execute said agreement or behalf of the County of Oakland with the Oakland Livingston Human Services Agency for the purpose of providing approximately twenty (20) homebound individuals with meals, prepared at the Medical Care Facility, at a cost of $3.18 per meal, funded by Title ill-C in the amount of $1.83 and by the Oakland County Medical Care Facility in the amount of $1.35." A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, Moffitt, Moore, Nelson, Page, Perinoff, Price, Wilcox, Aaron, -Calandra Doyon, Foley, Fortino. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution as amended was adopted: Misc. 83310 By Kr. McDonald IN RE: SAFETY SHIFT LEADER SALARY INCREASE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Safety Shift Leader 1 and II classifications involve supervision of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officer and Building Safety At,undafil eripio 7 ee7 .; and • -II -11/1•• - • -7 •• WHEREAS prior to 1983 the Shift Leader classifications have been paid at a rate greater than the Safety Officer classification, the differential for the Shift Leader 1 ranging from 2.47 to 7.4% over the Safety Officer classification with the differential at or over 6% for most of the last seven years; and WHEREAS the combination of scheduled labor contract increases in January, 1983 for Safety • • . . • • Officers with no increase for the Shift Leader classes in January resulted in the Safety Officer classification actually being at a rate .greater than the Safety Shift Leader 1 classification; and WHEREAS the general increase effective July i, 1583 resulted in the reestablishment of the differential of Safety Shift Leader I over Safety Officer but only at 0.8%. NOW THEREFORE BE IT RESOLVED that the classifications of Safety Shift Leader 1 and II each be increased by five percent. (5%) over the current rate, effective July 1, 1983, thereby increasing the differential of Safety Shift Leader 1 to 5.9% over the Safety Officer classification. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John J. McDonald, Chairperson FISCAL NOTE By Dr. Caddell IN RE: MISCELLANEOUS RESOLUTION §83310 - SAFETY SHIFT LEADER SALARY INCREASE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule X/-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #83310 and finds that: 1) The current differential in salary between the Safety Shift Leader and Safety Officer classifications Is 0.8%, 2) Miscellaneous Resolution 1183310 would increase the classifications of Safety Shift Leader 1 and 11 by five percent (5%) over the current rate, effective July 1, 1983, thereby in- creasing the differential to 5 ,9%, 3) The cost of increasing the classifications by five percent (5%) effective July 1, 1983, is $3,316 for the remainder of 1983, per the attached schedule; said funds available in the 1983 Contingency Account, 4) The Board of Commissioners appropriates $3,816 from the 1583 Contingency Account and transfers said amount to the 1983 Safety Division as follows: 950-02-00-9990 Contingency $(3,81 6 ) i 32 -02-00 -1001 Salaries 2,694 132-02-00-2070 Fringe. Benefits 1,162 - 0 - -- FINANCE COMMITTEE G. William Caddell, Chairperson Commissioners Minutes Continued. November 17, 1983 377 Moved by McDonald Rupported by Moore the resolution be adopted. AYERH Hobart, R. 5. Kuhn, Lanol, Law, McConnell, McDonald, Moffitt, Moore, Nelson, Page, Perinoff, Pr He, Aarrui, Calandro, Doyon, Foley, Fortino, Gosling. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT By General Government (,Rimitttio IN RE: MiSCIILANECills It iOLLITIOd APPOINTMENT OF DEPUTY DRAIN COMMISSIONER To the Oakland Counf.R aodrd of Foi-oinliioners Mr. Chairperson, and Gentle:mg: The GeneJui Govdrnment Corititee, having reviewed Miscellaneous Resolution #83225, reports with the recommendation that the resolution be ntopted, Mr. Chairperson, on behaif of the. General Government Committee, I move the adoption of the foregoing report. GENERAL GOVERNMENT COMMITTEE John E. Olson, Chairperson Misc. 83225 By Ms. Hobart IN RE i APPOINTMENT OF ITERUT\' DRAIN COMMISSIONER To the OakLind CoW'y Mr. ChairperRan: LeUics I'd : WFBREAS peri,navt ie ihe : of Act 40 of the Public Acts of )956, es amended, the Oakland County Drain Commi- inner L.:-j appoint ore or more Depity Drain Commissioners and such appoint- ments must be approved hy he County Board WHEREAS Cdorge W. ruhn, Oakland County Drain Coniaiissioner, has appointed H. James Lueders as a Deputy Drain Coeissiorier; and WHEREAS Ceorne W Kuhn, DakJand County Drain Commissioner, has requested the approval of the appointment of k, JJ.ir ,es LudHers as a Deputy Drain Commissioner. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the appointment. of H. James. Tue.da.R vs a Deputy Drain Commissioner. 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 Nelson the report be accepted. A sufficient majority having voted therefor, the motion carried. Moved by Hobart supported by Richard Kuhn the resolution be adopted, AYES: Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt, Moore, Nelson, Page, Perinoff, Price, Wilcox, Aaron, Calandro, Doyon, Foley, Gosling, Hobart. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution Was adopted. Misc. 83321 By Ms. Hobart IN RE: INDEFINDENCF OAK.S NATURE INTERPPITIVE CENTER, PHASE ill GRANT ACCEPTANCE To the Oakland County Poard of Commissioners Mr. Chairperson, Ladies and Gentieffieri: WHEREAS the Oakland County Parks and Recreation Commission recommended the filing of an application tor a matching grant from the Federal Land and Water Conservation Fund to develop Phase III Nature Interpretive Center at Independence Oaks County Park on July 13, 1983; and WHEREAS the Rlanniea and Building Committee recommended the filing of the above appli- cation on August 4, • WHEREAS the. Oakl•irii... Cainty Parks and Recreation Commission received not from the Department of Natural R.R.ources of approval of said grant; and WHEREAS the 0a:Idiv. f..iuntv Parks and Recreation Commission recommended acceptance of said grant with the appropciate matenin9 fands to he designated from the ono-ouarter mill. NOW THEREFORE BE il RESOLVED that the Chairperson of the Board of Commissioners autho- rize the proper authority to sign the appropriate. agreements with the Department of Natural Resources Co receive said grant. The Planning and Building Committee, by Anne M. Hobart, Chairperson, moves the adoption of 378 . . Commissioners Minutes Continued. November 17, 1983 the foregoing resolution. PLANNING AND ENJITDINC COMWTTEE Anne M. Hobart, [Lie person Moved by Hobart supported by Jackson the resolution be adopted. AYES,: R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt, Moore, Nelson, Page, Perinoff, Price, Wilcox, Aaron, Calandro, Doyon, Foley, Gosling, Hobart, Jackson. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83322 By Ms. Hobart. IN RE: LEASE RENEWAL FOR ANTI-ORGANIZED CRIME OFFICE SPACE - PROPERTY MANAGEMENT DIVISION To the Oakland County Board of Commisioners Mr. Chairperson, Ladies and Centlemen: WHEREAS the Oakland County Beard of Commissioners by Miscellaneous Resolution #83018, adopted February 3, 1983, authorized a lease for office space with Austin, Collett, Reilly, Trute and Todd, P. 0. Box 3779, Pontiac, hichigao,to house the Anti-Organized Crime Unit at a cost of $14,000.00 per year; and WHEREAS said lease is for a period of twelve (12) montld. in ,ding January 3.1 , 1D86; and WHEREAS the Property Management Division recommends rdse.,a1 of 2000 squar..: of office space designated as Suite A, located at 31 Oakland Avenue, Fontla ,•, Michigan, for a or ,.d of twelve (12) months fteginning February I, 1984, an,3 erdinct January 31. 1985, at a cost of 714,000.00 per year, payable in monthly installments in odvance upon th is fIrsr day of every mon06 as follows: $1166.74 on February I, 1984, and $1i66.61: for .'mi. i3Aance. or thE r.Eso NOW THEREFORE. BE IT RESOLVED that.. I.J.d ,rperson (-)F' County Mpard of-Commis- sioners is hereby authorized to enter into a ledse or cdfice spare with Au:; in, Collett, Reilly, Trute and Todd, P. 0. Box 3775, Pontiac, Michigan, to house the Anti-Organized Crime. Unit at a cost of $14,000.00 per year, which amount Is to include all custodial, custodial :erpplics, heat, electric, water, maintenance and available parking space to accomodate a minimum of twelve (12) cars in close proximity to the leased premises. 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 Lease on file in County Clerk's Office. Moved by Hobart supported by Jackson the resolution be adopted. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 83323 By Ms. Hobart IN RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM, PONTIAC TOWNSHIP EXTENSION NO. 3 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is enlarging the Trusty Camp which is located in the NW 1/4 of Section 3, Pontiac Township; and WHEREAS the County deems it advisable to construct a sanitary sewer to serve said property in lieu of constructing and/or enlarging an on-site sewage treatment facility; and WHEREAS the Township of Pontiac is considering a contract with the County entitled "Pontiac Township Extension No. 3, Clinton-Oakland Sewage Disposal System, Contract for Services" which provides for the acquisition of the facilities and payments to the County to defray part of the costs [hares NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize as follows: 1. The "Pontiac Township Extension No. 3, Clinton-Oakland Contract for Services" date is hereby approved and the County Executive is hareby authorized and directed to execute said Contract on behalf of the County of Oakland upon approval of said Contract by the Township. Said Contract reads as attached. 2. Approves and authorizes the advance of funds in the arn .r.regate principal amount of $66$,000 or such increased or decreased amount as the case may be Jac use of revisions in the es- timated cost of the project, to the County Executive and Department of Public Works, which will be used to acquire the facilities in accordance with the Contract dote. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of Commissioners Minutes Continued. November 17, 1983 379 the foregoing resolution. PLANNTMC AND PUILOINO COf!tMITTEE Anne Ni . Hobart, fhairparson PeNi!Afl TW!!...!!!!% rdx-!-Tviod CI 1 IlTON-Ciliti! !,[1.41J.p,[. f•••`Sff f-,CattP.AIT FOR day of hy and between the COUNTY OF OAKtfl.ht, , Mich fc,nstjs iel, ..hetintj by -a7,:f th"roi,g11 its count,/ Executive and Departmant of Pu! it 5 . rty of tis... 1,, .teat, souict!mes eeterrad to as fne "County" and h ni).F...::r i:.ff Jid! °) L. •iii TOWNSH IP tie PONTIAC., a M eh gain ton- sh p raora t ion Inca .cd In ft, of EN) c."1c the "downs h p") party Of the. a. ttrt.l part, dli in fi•i• WHERE(. S !tie Ciriant!.., c: v i no out rat,eedrra s purrr Lrrrnt. t AC: t f)24 of the Michi.t-n Pdtile Act -. a "• dr. adal.11.-,. a !iinance, ceesfruct nnd operate a sanitary sewer as an ext•nsic.n of the (lini -n-;:t-d •::•e! tdisfoo (herein sometimes called the "System"), a sewage I i -al sys.ten hi 1:i:eery :iursliont Na Act No. 135 of the Michiqan Public Acts of airendad, aaa WHIPIAS the contrLats and aqr. , .tae the Citilft., did the Towrship and other units of cjovern mcnt it thG cc.,urty pINOflin o th, tlin.ot-OAland 5Hiooel Sysza,1 permit the County and th,s Township to a,..Cldir-r; •,.A• I i. es :o(tensions and connections to said System ithin the desinnaded se i s.::••.ss and oistrjet-- thereof; and WHEREAS the County Ly ordinan..t. kdadvad by its Board of Commissioners and by resolutions duly adopted. pursuant to the powers vest. Ji under the provisions of Act No, 91i, Pubiic Acts of l''HC.i!litnijn or 1 933, 7;',; oil! und finance the acquisition of the "Pontiac hownship . Extension Ho- 3 - (nere!natiar refer ,•! tdi Lension System") for the purpose of collecting, transport:no and dIspsiriD )! sanit•aiv from the areas and ir the facilitif.7ts soh- stantiaily as shovtri on Exhibit 'A" fisrL cn acl,e and by flik refererce mode a part and 1.4Hrru,s in said ..arejoance. urd/: r , oldriehs 1.he Codnty ExectitTve and the De.,dar:,.-1•i_ of Public VorTs under the EXC-AA be appointed the an!ency of the. County to sjperv!.,e and control on behaJf 01 it,. County !bs. c ..Tsrraisfion and financing of all improvements, facTlitles and servi,es he denoired and :.!rovided L. part 01 said Falansion Systetfi, aria the County shall continue the er.LraLon and radna:!!!osni cif the Ciintor -naidand Sewacje Disposal System for the transportation to and tre.dtment of cewajw b7 tie City of Detroifj ahd WHEttEAS the County will obtain mops, pars, designs, specifications and an estiNate of cost for said Extens.00 z.eis (hereinalrer scomAimes referred to as the "project") to he prepared by Orchard, Riitt 6 McCliro -d I Inc., roosult.ing engineers of Livonia, Michigan, (herdinaftem some- times referred to it triqineairs"), which estimate of cost is set forth herein as Exhibit "B" altached hareto and hy this rc'erenee !made a part hereof! and WHEREAS indei the ta ovisioss of Act 94, Public. Acts of hOchiqan of l933, as amended, and as authoried by Act No. 1?9 of thc. Acts of Michigan of 1943, as amended; Act No 35 of the Public Acts of Michigan of iP11 as amended. and Act No. 7 of the Public Acts of Michigan of 1967 (Extra Session), the aforesaid Township is authorized to contract as a custcmief and wholesale user of the Extension System for the payment by the Township to the County for the services provided by the Extension System, inciddiri!-J the cot of construction and maintenance of said project and of any other improvoments and facilit!es to he acquired by ,said Extension System, from funds coIlected as rates and charges from the users and beneficiaries of said Exterson System! and WHEREAS for the purpose of the public health, safety and welfare of the residents of the said Township and for the gereral health, safety and welf -are of the 'County of Oakland, there exists an imperative need for the sewage disposal facilities herein described to collect and transport and to treat and disport of sanitary seoaqe emanating from the areas in the Township shown on Exhibit "A". NOW THEREFORE in consideration of the premises and the covenants of each, the. parties here- to agree as follows: I. The County and the Township approve and confirm the acquisition of said sewage dis- posal facilities of and for the Extension ..A.,sten. and coy other iwprovemenrs and extensions of the • System, as reT forth in the preambles to- this contract, and agree that the Same shall he acquired and constructed in the manner provided by and pursuant to this contract and the maps, plans, designs and speifications therefore. The County and the Township further hereby approve and adopt the maps, for the project prepared by the Consulting Engineers and the estimated cost of construction thereof, • as idoscribed in the preamble hereto, which said maps and ertimate are flied with the Oakland County Board of Commssioners as attachments to this Contract, The Township hereby expressly agrees to and permits, by the approval and execution cf this Contract, the use of al; streets, alleys, public places and public rights-of-oay required for the location, construction and maintenance of the facilities of the Extension System substantially as shown en the maps, plans and designs therefore, including such temporary use thereof as may be reasonably necessary or desirable for the construction activities, which permit shaTi endure for the useful life of the said facilities. 2. The County agrees to collect sewage emanating in the areas of the Extension System as shown on Exhibit "A" and to deliver it for sewage treatment by means of the. Ciinton-Oakland Sewage Svstem to the City of Detroit, within the heretofore established capacity limitations for the System. 380 • Commissioners Minutes Continued. November 17, 1983 3. After execution of thi f•rfroet. by :110 Township, the County Executive and Department of Public Works shall toko the a. Fild the -• is, . , •pd iltecic'es•ti-..m.-; for the projs.ct as obtainod from the Consulting Enginc,..r with the OfAi.s.d ioa•... of b. •Ihmit co fl. -.it h.o..rT nisslone•s r ,.. so EtTon for thc .:telvance of funds fn.'', ta '.,(00. DC (us met •si :if the pmts. jecf.), thte pc.ns et fhe Town-hip • o ).24-) funds sn • She be pa,,st.t.e :do-A : .!••• r; • • V;.: • i or "":•• ; ' •U1.1 r ; "::[..E ; • ; ; ;;; nt•;•.; in •••.•• t t Ton. The of e • , • p r ftt• F 11;;• k,'; 7 ncreased or :, After Li, b• ci g ht , :et,oi a fl eh, the• County Executive ..ad heparedeof or rAi.;L: AD' the State of hid-Ili-0n, pepart ,Ps of Natdrol ltesonc..-s ehd th. eois ..,:„..fer Department the approval for the project, fe ofdein .onstruction hies for the pmf:..ust, and to enter into construorich tor.tract, with the louost Ft-Tors:hie bidders. ,• -- d. Co:;:slate chit project and opef:te ahd C ..t-intein the sewage disposal facilities of the I nton-OaKlan- Disposal System tor transpor tat ion and treatment of sew:lg..... col looted in the Extension System snd render - services herein doscvited to the County and the Township for the term of this Cont:esi. herein shell he. construed to Include the cost of all physical structures, iske ef labor and materiels .necessery so acquire end constrtct the Lxtens ion fys ., slant, err: nest: ann •'dial fees, edininistrot or end inspect ion, ible amount for couttri.c.on nhd ler rese.rves, and any other costs incidental to tIst quisition and fin .ncitis lie prcte"t. . ..... ............. - -4, ;-t- dneers'aed ancc if.) the pareTes hereSo -that. the Extension System Ts ...1c.•sterve••••••••••••••••••-•••••••••••••••••••—•-• the designated area lit th-7 To'..vrl5h4) ftudx..gh the Township to serve its re..ieents dno citizens as individual customers and users. ihi: County shall not be ohtigatod by this contract to serve any area of the Extension Systamshowocn Exhibit or to construct any iapra -ia:e-c,-tt--rct facilities other than those described in the maps, plans, designs and specifications approved and riclopted by the parties hereto. 5. This Contract is contingent upon the County advancing funds as net forth in subdivision (b) of paragraph 3 of this Contract, to defray the estimated or, if known, the -actual cost of the project. 6. The Township shall pay to the County, as a customer and wholesale user of the Extension System, a wholesale rate and charges in amounts as set forth in pora.groph 10-C, on account of the funds advanced by the County tc finance and acquire said System follows: a. Payments from connection fees of IOR of princ.ipai of and interest at the rate of 89 per annum on the unpaid balance of the funds advanced by the County, exclusive of the County's por- tion of the cost of the project. 7, The Township shall also pay to the County, from time to time, as requested in writing the following: a. Any increases in the amounts shown in paragraph 10-C made necessary by reason of increased costs of the Extension Sysnem. L. Payments required for emergency repairs to or replacement of facilitiesof the Ex- tension System. c. Sewage disposal and operation and maintenance costs of the Clinton-Oakland Sewage Disposal System as established from time to thte by the Ccunty. In additon, the Township has agreed herein, as lessee, to pay or to provide for payment of general expenses of maintenance of the Extension System and of its operation and use to provide sewage. disposal servi.'f.s in the TownslOp. The Township hereby pledges its full faith and credit, supported by the pled-: of limited taxes only, in support of its general obligation hereby created to make payments to th: County its provided in this Contract, 8, I the Township does not make the payments here in provided within 30 days after the -due date spa:At:ad, then there tshaIl he added to such charges e penalty of one per cent (ih) for each month or fraction thereof for which the. same renaiiro unpaid. It is specifically recognized by the Township th.At the payments required to be wade by It pursuant to Exhibit "C" of this Contract are to he pledged for the payment of the principal of and interest on funds to be advanced by the County, and the Township convenants and agrees that it will make the required payments to said County promptly upon receipt of said connection fees. The County shall have the right to utilize any method permitted by idw for the collection of such rates and charges duo said County under this Contract. 9. In the evert that said Township shall fail for any reason to pay the County at the times specified, she erx...loto herein required to be paid, the County shall immediately netify, in writing, both -the Treasurer of the State of Michigan and the governing body of the Township of such default and the amount thereof, and ii such default is not corrected within ten 00) days after such notification, the State Treasurer or other official charged with the disbursement of funds to said ; ••• t: . •. •••!n•• . i ;'•. 1":- :.. • •• : ••• F • • •-.:!": " ..• ••••".i.t.ac E and agrees ni• pi ov : i•. •• •••:": Jar! 95 ,2t7, ; • q. :.)••!!•': ! : • ! .!!! !' • C: •, • : • • r: :•••! ::“:!!"! fri• i•itu taro 1 Sir-nal:N., • ••:i a, The •• ... . . i or.• . • ight: iaciiit:cs at. any LI, , tfcmao tan. not io a state 0:- :era: condition arid rtg-p-Hr, then te iS.nn...ths in wricTup . r • aria! ;• Tcwn- spi•f : • t ; : • ,, on add in a raa sena.' thr ,8 • -, , lav •• riy :,si ::.•••ry .!!1,7! rUrrilSil the, heces- s„r.iry itno dimJdi .-:/ iaca T:: shaii made by the TOWnShip to the County : , ..0 t. lPa• .whshin id•i•-:.• 'n• ce•"-••:••••nr.r: :'!"-", shall onforao an ordinance or ordinana.-••• cougernirg t i-ie connections • - ...ne s.ohon will nrovide foi i•. ft a C:411: • .!, Huit rrom nry : within the servlcd. alY:A •••.:-,•:!.:!, a F..ibibir •he • 6- teiï' it connection i....n the first 2,090 units sold, ic rtir tho funds in onragrnph 6, P . , orovidea' in 10(e) which appli•ees tor-Cour:T. 01.0-i- • • : • • " : - COL: r, I:. • • •i ecr test, e. The shai; loKo ind , :1 such c rgas for iaew.arre iaprin.tico f f ;c11t- y : r • t the. .t ie•.; r nt-ht e.s 5L1 re oh and I n ,L -t, 3:= arcunt determined hy JotTish,p t - used to meat the °bile...A.:Yr-h.. i the. under this Contrapt nnd other CCIlti.h.t-: with tne County ici ;:cifc:•!c iscilitigs. The Township sholi criforite preima: nrepti:nt of all such cher . shall dr.susr H The township shall taaurre and maiutain adegpa -e ip-olaility damaq ,- su-d• liability insurance coverine all farTiitier hereLy leased co it by the County. ,,e1 polioies •i insurance shall provide that the Township and the County shall be insured parties thereunder and shall contain a provision rdu;rilap that the County be notified at least ten days prior to cancellation thereof. One copy of each policy of insurance shnli be filed with the County. The Township aoreer to lrrase the project from the County upon the for,g ,-Ir..-4 ond conditions and mat. the periog this Contract and durees to pay the sum nf .1par year on January of eatn year commencing Jnntiery 1, I.')S4, anti in addition to perform its covenants and agroneurs set forth in this Contract as a rental for said project_ 11. The Township reserves the right to estunlish tares ad charges to lre. .:ilected from its - individual users in an amount sufficient to pay its obligations hereunder and itt of opera - . tion and maintenance of the L4tension System, as lessee thereof, Such rates and ch.-ii-os may be fixed and established, from time. to time, in such amount as will pit-Puce additional moneys nar such Town - ship to be used for any lawful purposes, 12. It shall be the obiigation of the County to provide the. Clinton -Ohblane Sewage Dis - posal System to transport. sewage to the troatmont source but only to the extent or the capacity limits and other provisions of its agreements pertaining thereto. All direct cunnections of pri - vate property to said Extension System shall be only by permit obtained from the Townsh:p, as pro - vided by ordinance or resolution of saidd i Township and upon payment of a fee or charge -is provided in said Township ordinance. The Township hal 1 not construed or permit the construction of any sewage treatment plant or lacIlity within the. area of the Extension System, without the approval of the County, which apricovel shall not be granted: unless the same will have no efect upon the security and repayment cf Cifi..• ii uhris to be advanced by tha teinty. 13. The County a. L have the right to deny the wse of the Extension Ey ,:tem to the. Town - ship if it shall he del ingil-ct for a period of ninety (90) days in the payment of any rates and charges due from it or if s:od Township anal: in any other manner be in cieJinult under this contract. The foregoing may be accomplished by any lawful means,. whila such delirguudicy et' default continues. 14. The Township shall be responsible tor the character of the sewage originating there - - in and shall comply with the County's standards and regulations controlling the discha ,ge of lndus- trial and/or commercial type wastes into the Exteuision System or the System or the DeLcuit Treatment facilities, if the character of sewahe contributed from the. Township shall be such that it imposes an unreasonable additional burden upcir any paxt ol said disposal systems, then an additionat charge shall be made over and above the regular service chat.:-:, or it may be required such sewage be 3E2. Commissioners Minutes Conrinued. November 17, I383 t eated bcjorL being empri I into i e iv;:e-.lvstor lie. r.qht to empty sal ewan . taro id d spdsal systems may ft. r for 0-0, po Lion u the public health surety. 15. Ihe ii i _ fur venant • • r they t...dtl each ena 1 with their respective dui. les and a!: lions rind the en.ds ot ift:ract promptly, at the rno in the imenner h.:: e in set fon . 16, in the et': t LI-i in. Owe 'e 5 1tie t enionic status or chdense its boundal .7 , i d t. , clan- ti rerwise, it is understood and a:Jr . dart i ji such Township to hartil cit. d for the area in the. Ex- ten5ion System and rite ebl I f such towh• ironic-re pursuart to this Contract, shalt be assets and Habil ..ively, it.H la•rshi- to ' - divided and assumed ln accor- dance with fhe law then in ft i raining that: 17. This Contract sh..ril petome effectIrn upon prnpE, tion by the ,uthorized officers of tfmi. Township and by the County :it- dutive on hnaidif of the ttur• and ahail be binding upon the. sucwistisors and ass igtts of encl.; it. This: Contract silt:it i terrain.. fifty (50) years from the date her--..:. . or upon reaiitty, of thu. -tor... i.,.. tug pi, ,-, uarl t r,o Exhibit C. .t....ihichever.. tthai l 0 C C. This Contract may la tt i ed in srveral counterparts. The, charges and rates h--rein provided sh 11 become and be etif•intivd or , _ , . ...........„ IN WITNESS WHEREOF , the p. -ties honeto have caused this (mint marl to he executed and de- livered by their rd.pective duly autrorized pit-leers, ail as of the day and year fir5t nhove written. --..... COUNTY OF OAKLAND on heitalf of the Pontiac Township Extension No. 3 Sewage Disposal System County Executive CAA-FIICTOWNCI-fiP OF PONTI.AC Byt,._ Supervisor .._._ And: township Clerk Copy of Attachments "A", "B' and "C" on Bile in County Clerk's Office. Moved by Hobart supported by Richard Kuhn the resolution he adopted. Moved by Hobart supported by Moffitt the resolution be amended in the NOW THEREFORE BE IT RESOLVED parmgraph 1 and 2 by deleting "date_ "; also on page 8 of the Contract, paragraph 17, delete the words "Exhibit "C" and insert Hparaoraph 10-C". A sufficient majority having voted therefor, the amendment carried. The Chairperson referred the resolution, as amended, to the Finance Committee. There were no objections. • Misc. 83324 By Ms. Hobart IN RE: OPTION AGREEMENT FOR MONTCALM ROAD EXTENSION; BETWEEN THE COUNTY OF OAKLAND AND BERNICE GERSHENSON AND iRA JAFFE, TRUSTEES, AND AARON H. CERSHENSON, GRANTOR, AND W1NEMAN INVESTMENT COMPANY- • PROPERTY MANAGEMENT DIVISION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Property Management Division has negotiated an Option Agreement for 16.76151 Acres to be used for the extension of Montcafm Road; and WHEREAS the life of this option is Ten (10) years at the option price of One Dollar ($1.00) per year; and WHEREAS the 16.76151 Acres is to be used solely for the extension of Montcalm Road Right-of- Way and for no other purpose. NOW THEREFORE BE IT RESOLVED that the future purchase price shall be established by appraisal of said property at the time the County exercises its option to purchase; the option is attached and made a part of this resolution. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorize its Chairperson to execute said option on behalf of the County of Oakland. Mr. Chairperson, on behalf of the Planning and Building Committee I hereby move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Anne M. Hobart, Chairperson Copy of Option Agreement on File in County Clerk's Office. Moved by Hobart supported by Perinoff the resolution be adopted. The Chairperson referred the resolution to the Finance Committee, There were no objections. CommiSi-...-J,CTS Minutes Contfnued. Novediben 17, 1923 383 By Ms. Hobart IN Rt.': wt.• total .d .r .:ttte PC CONTROL SYSPEP Mr CL a ...a.it Ad. •••• iviHEFA-Ps Ire hu• on Cdutw.... e: Control System in tho procces of uvnTdating alter - WHEREAS as otc t "vet h-och rreuire the diversion of Evergreen-Farmington Wastewater to tnr. !ir •-00r - trf. NO0 tFf•Ii: tTF•d- :" .Aat cho Courfv time ....PVC through the r)npartment of Public Works 'is with the loilotiTt:t.. 1, o m•eo- of Darr., •t: County. DPI Jnd other parties concerning the podstract.on t tfow fic-fui tiP temporary cednAct ion at Souft fioid petidaseti- s md: ne t-or ints the First-Hamilton sewer. C.tlegotiare. the apportionment or the "iocem soor"'" costs between rhe Evergreen-Farmington district and tie Huron-Budge Wastewater Contra , System. 3.OIL. with Ake Fverereen ltd • un mui-Hc:pa'it 1.es and ndvcie them as to bow the County int0r:dr to to odroly with tbn %.,re....mont, and also co discusa possible C inancing are ::;roe: n 4 the appte.: iaha time, suguest OWSD to end nonttrufetion of the "transfer 'nf/iti"na' and ef.g.,:copriate rovisions to the: contract BecerA :0 3.195:3. Said contract revTaions CC <.1::..: ,ct aouia (a) ... remmeto paragraNh the 1-tit,',Ftti,, 30 , Agreement-, (b) permit rhn .tdbui slarmiu.oton ia .rech-rge 170 c.C.s. iato thr First .hamilton sewer; it (c) provide for o.• no County Irt !cae 1,s apportiLaed ahard of the "transfer OCPrt!C5° C: Submit' to the Oak;end County Board of i]ommisioners the appropriate contracts Or COn - tract revisions for theAr Mr. Chairnereen, lb. of the Planning and Eitifidcf Comnittee, I move the adoption of - the forego inn resoidtien. rd..ANNiNG AND aulLoNc COMMITTEE Anne- H. Hobarl, ChaTcperson Moved by Hobart supported by Nelson the resolution ,-)n shop .:::d AYES: S. Kdnh, Lanei, Low, McConnell, MoDonald, Moffitt, Vcere, Nelson, Page, Perinoff, Wilcox, Aaron, Calandro, Doyen, Foley, Fortino, Gosling, Hobart, Jackreg, R. Kuhn, (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83326 By P,15.. Hod.,rf IN 13.E. WASINA-BR CONTROL SYSTEM To the Cal.; vet :eurdy Flontd rc Commis ,joners Mr. Chairpnron, Ladies add Gentlemen: WdEPLAS there is ao exittir:c need to acquin addi:ional sewer interceptor capacity in Wayne County Act 185 Aystema co the C;tv ot nt this time and as future capacty to serve the City cf Ws.om and Cl-Alor imfinehip CrtucAra: and YHIRFAS tic: CourFY AT,TY, d7 0. r s :n cooperation with the County cYF Wayne and the City .ur Nevi. acNoire :Ii end c ,m1 c.'n.:itv in Cc North Arm Rellef Interceptor to be constructed by Wayne Cncei, nr-;er o 1.: U: the 7ownehib of Northville and Oakland County herein called the Worfh Aim -.lief Agfonmen, and fdaiffiTttae herewith- .e,hd WHERCAS by r,;'10 ter*, of At No 342 PtbMc Arts of Michigan, as emend -Id (here;n called "Act 342") OelAar ,- .1dtilwirred tp• acquire, through 115< cOunt.ii iviency i -apacty in sewage disposal swstems and ,o arrdng- paynrrt tCdreier and the use r-d: the tame, 0:fiiard County and one or more uniie ol governmnh are adtlicta fo enter into codtratt or cortreete for such acquisition and use of civacity ia such sewote dipcs,1 systems and tor the payment of the cost thereof by the unit er uuitt o' WHEREAS Idn C'ty of '1Avl hat: appro, a concract smith the Courvr of Oakland, dated as of October 18, 15.1 ph HiiT:ON ValulfY WAGiE0ATFR CMTROI. SYSTEM CONTRACT - OAKLAND COUNT' which providrs ieir edcalisition o( (opacity in Wdyne County setwige disposal facilities to ser/e the City and for pymeris to the County by the City to dnfrny the cost thereof (therein calied the "Oakland Project"): and sne taid contrnct dated as of Oc!odor 198:3, the plans and spet,ifications, and an vstimate of ?` as the rdnr, of the CakInne Project, and the North Arm Relief Agreement attachee to and inaof:oraree in said couttAct bnve subnitted to this board by the Oakland County Dr:-:in Comemtaioner 35 the counfy agdncy pur-uodt to Act 3j-12; and WI-IF:REA:- it appears both necessary and deimable for Oakland County to enter into said contract with the City of Novi and into said Areement with 'file County o' Wayne and the Township 384. Commissioners Minute .ortnud.Novartikaiir 1 . I 3 of Nor rhy e• so as: 70 T1 i S h isys tom of sawace. •posa fait/lit' es in lif:ayne • I k Er. ' and :or siind rl CC,i11,1-n ! j COu nty aq t7,11Cy pu ip• „ ••:i: orb:semi' 1.v.3 ••• r n • optic n d no-AL/add, s led I protect the pub c.health aria we.lare ei to served therobL THEEFRORE, BC ii RESOLVED TA. BOARD OE COMMIS'LlOilidii. 1. 0Al<LAND COUNTY, MICHIGAN, as follows: 1. The Eofir d F irrarritt i E he. Curity :if ; era . ' , a FK: )0. -6" I ty VC) t f i t: member s t at. HbjaUt. h() r i and d ret tth . here- tofore es frik shod, a :dor at- it 1 rifl, c Arts. of hi oh: aair : : be cont. ; n ta ned and 0 r tor:: as a a i• j CONTRDL T Fri -• 0A10....ANO COUNTY coins o n:: rid nH L totii• • a id -Oak'ir County sewage in the. future to the C I f w•i r L • 2. The. Court. 'y le i ono r lie • nes: cu 't y ge.ncy connect on wi th the con t dot. For and • ifiLincish of this-. and Et-Pp:Lot [2;,C.1 bed H t he. 1- a- et here into attached. 3. T- City Dra Cowl' s ionor sha I have such powers and duties.; in ris.s.:ert to the forement ioned DS a upon him by law and establ ; shed by the prov misis of Act No, •42, Pub .! :•• A. : o an:end:ail , prHoitldsid that. he sha have•ty to . create any labi i ty of any I n.I psia the CO Unt Y f aid uri etss author zed by this loard of Commissioners. A. The ford of -iikirami :Ls indicts ha raby ..:rove the it :7.,,:::pacity in the North Are Rai ;ell Interceptor rind re 1 d ilit ies IC Iii• •artio i ma!, by Wayne. County in accordance with the prov i ions cri' he ti• 55ASTEWATiSR CONTROL SY ; ..t) CONTRACT - OAKLAND COUNTY here icial ter sot forth i.r uI drd is:- ohs a the "Lary-id:, Eliecinir p--cement For The Construr t 1 or :arm Oper -it Pa Of I North Errs ief nterceptor icy Sewage. Disposal Syst vre County Coo:, - Toviart Din Nor lav ;1 t......ic cid :the re L 0, .......... ........ . . 5. ale HURON • ROL, Li (ST EM CONTRACT - AND fitilINTY to bci dated as of October 18, 1983, drid i Agreement as Exhibit A thereto, are each hereby approved and the Oakland County Dr Carta si•ii ono , as county agency pursuant to Act 342, is hereby author i zee and d rected sa id contract and Agreement on be.haif of the County of Oakland, Se Ad Contract and Am follows: HURON VALLEY WASTL.Wiiiii.R CONTFLOL LiNSTEM CONTi:ACT •• OAKLAND COUNTY MIS CONTRACT, made as or the 18th day cif Oc .. lb , by insid between the COUNTY OF OAKLAND, a Michigan i..aunty corporation (here. i ter cal led "Oai: I and County") by and through i ts County Drain Commissioner as county agency, party of the tirst p-art, arid the C TY OF NOVI, a Michigan city, (hereinafter called the "municipal ity"),. party of the second part. WITNESSETH: WHEREAS the Board of Commi s loners of the County of Oakland has heretofore iiistabl i shed the Huron -Rouge Sewage Disposa 1 Systesa to prov ide sewage dispose' 1 so -y icce to a r1.?, is the County pursuant to Act 185, Public Acts of llichigan, 1957, as amended (beet, irafter sonic t Hes: referred to as "Act 18:5 Oakland System") in which System is included 4.00 cf .y in an exil,rFnq interceptor arid fac of the Rouge Val ley Sewage Disposal System (hereinafter referred to iii '-Act 185 Wayne System') ; and WHEREAS the Oakland County Ora in Comm ;as:loner (he ,araftr sometimes referred to as the "county agency") has been dire; gnated the eounty isigency in connect ion with the establ irdlrment, financing, ma inte.nance and or.. -at ion of county sowage d i sposa pursuant to Act Public; Acts of Mich igan, irtiet;ded (ha nef ter sometime-. re le tred to as "Act 342 1 I) ; and WHEREAS it is nous. y for the pub I it: heal th of the r •Lf mon c ; nal ; ty and elsewhere in Oakland County to acitaii re end con-tract an interceptor rel of Lester in Wayne County (herein cal led the "Wayric 'act") and to connect the same to in the es i st :rig Act 185 Wayne.' System in Wayne County and to acitiu 1 re des ii),1 capacity and cont rnqenr. eapecity in said i rater . ceptor relief ifower and other facilities to be located in Wayne County (he re Ln cal led the ''Oakland Pro ject") , al I as shown on Exhibit "A"„ t aeunto attached by this reference made a per hereof which cons i sts of a contract entitled SERVICE AND El NANC 1 NG AGREEMENT FOR THE CONSTRUCT ON AND OPERATION OF THE NORTH ARM RE L Er INTERCEPTOR ROUGE VALLEY SEWAGE DiSFOSAL SYSTEM - WAYNE. COUNTY - OAKLAND COUNTY - TOWNSHIP OF NORTHV LIE (hero in cal led the ''North Are Relief Agreement") ; and WHEREAS by the terms of Act 342, 3alitland County and the mun cito 1 ty are imithor iced to enter into a contract for the acquisition of capacity in the North Aria Fel iti.f interceptor pursuant to the North Arm Rr;i et Ag ret:mon and for the payment of the cost thereon by the irolic ij.ril ity in cash payments as provided in said Agr cemen t. and the county is the.n author i 7ed , tAt to appro- priate action of its Board of Commisia ioners, t.n execute said North Are Re i An a:timer I and to carry out its obi gat ions and to stLic.:Jre on beha 1 1 of the man to pa 1 ity the ativan tar: ••• tr -roof ; and • WHEREAS Act .342 provides in the opinion of the mun ic pal i ty and Oak d Cc-Linty, the fairest and most equi table means of ficqui rind the Oakland Project, necessary fi r the robi heal th and welfare of the residents of tho bounty arid of the municipality, at the most cost; and WHEREAS plans and estimates of the: I: and the period of usefulness of ti,.- faci 1 i ties in Wayne County to be acquired, f inanced and con•:•. -Toted pursuant to the North Arm Re 1 i Agreement Commissioners Minutes Continued, Ncvember 17, MI.)H have been vopared Iv eokspirinq ios (et W...vgs ..trity to tAtich the county ministeativr r1 air.o legal Losi ikr toe Oai - 1: To pf-t in j Arm s.! i ,i-ancinit, it. is n• Oakland County a- - • a.. monis .••ilty ent ,r into LIM 'DB:: tat: ir ntincieeral pic.wHe. atm th. co.. .-dionts cJi: each etlina, parties hereto acii.c. as followis, Oaklahd County And tha raanclikality y approve and agree La the Oakiend to acquire. crinaCty in u r:oril, Arm i:mtik. in ,o_e p e ... ro a ,p,,r,t j n th• wir th p,],e r to cer arp.pt, ip th,:t siuntr,ipoimy arei --Ian, :it n,aroim rha kiararton "Huron Valley 'Wastewater Control '.ty •ren • r...k arc: s trie rime sa • .• Osj ana lhe flokland Pro iac i'adi i T '10P al and socH sv capacity right!, and relatea dirseritsm.i :e k ,isihi'• ara a: :hha s 0,, tictiliorly set forth in the. ia l dr, id hy the. cor,kit.n,:, ,ngneers for Wayne County, which pigas oil filo. isOth t !rn. he. nsga. The North Arm Relief Interceptor shall i,;,; ... • ,•J accor-darce with the said pions and in accordance. wiih rInel la min: in! rdPci,i ra... g. and suhm:tted by the consulting enoineerr. for ikor., Couo'v hat .ahn. r.it aloily change •ho location, capacity or overril eh a. • -th Inirresistor, ane m•keh ho rot re- quire an increase- in the tom•i o. i . d iI d .vfrc FrOACt, may he parte d on the authority of the. county ayienty„ Othervnr r chanDks be made if approv —I rhe county agency and by resolution ot the novorninn body ok the nunmaloaIity and provisigns •vd by the North Arm Relief. Artrooment wIll be mode. for rayment er finantirg of aoy resuitine :no .. .a.mo in the total estimated cost, ihe. estimate of cost oh the Dakiond Ptojecr and the estimate ot .-iainioo of usefulness thereof as forth on Exhibit "l?". nehous -o attached and by this reference made a part hereof, ore I ikewisu hi rob. approved and aleor 2.B. The ocquisitior oy Oakianil I. • ./ in the now North Armt.cl Inter- ceptor to be connectnd to thci existing Act lo• -:led in idayne Count , involves also the use .of„. the ...existing. iriterceptoy „the related . oir -rd.. Act lI Wayne .n Wayne• county in which the miinicipolity through Ooklae6 Ct...org,r kr , existint, oi"Pa — hereby continued ard will he, used as part of this Oakhaud hmoji efr as provided in tna. North Arm Relief Agreement a cony of which setrtochqd hereto, Conty end the municipality ackrow- ledge that the. Oakland Prniciel ig n part o tha eetiro prnirch .o he finaohed desaribed in aca governed by the Norrh Agm kelleC Acreeaent und tiirconivo thi. the eprois 31(1 orovitions there-.-f are applicable to Oakland Cegat.,, and Ale municipality, espaciativ as said terms r.q.iply to Feiiaaal and Stare crants and other a,iiecrsi of the. .t.clilisihion and financirg of rho L!ayne Project and tha Oakland Project. 3. The county agony shall tekci 07 to bE haken all ait.t.ions requirce or necessary, in accordance with Act 342, to comply with end ea --: out the AI:potions are in oecitre the benefits provided in the North Arm Relief Agrearkant for Clekland County and the iminicipality. 4. Acquisition eji the Oakland FT-eject shall Ha deemed to include reimbursement to Oak- land County or the municipality for funds whirlii have beer expended hy thil county or the munici- pality in connection with this acquIsition and colortrucAion ot Inc. said Oakland Procat.t and to in - clude payments in cash to Wayne County as provided iii thn North Arm Relief acreLment. 5. In the event that it shall become n.agassany to increase trio cost of the Oakland Project for any raison, including appliGation ol any provisions of ba Aim Relief Agreement, or if the actual cost of the said Oakland Project- shall exceed ties cs - ima-ed cost, whether as the result or variations or changes made in the approved plans gr ..nnaraissa, than (without execution of any Curiher con'.------t ci icceitoseni. of this contract) addition61 cash payment shall be made by the municipality to Oakland County and as provided in the North Arr. Relief Agree- ment paid to the Wayne DPW, to the exreht that funds thernfor are not available from othersource The provisions of this paragraph ore intended to be paraIlal to and coordinated with similar pro - . visions in the North Arm Relief Agreement which pertain to the entire Wayne Syritea and Wayne Pro- ject of which this Oakland Project is a part. 6. The municipality agreec. to lhav to Oakland County the at of the Oakland Project as hereinafter provided based upon its righris to capacity in tn'c. faciliries of the entire Wayne Sytem and Wayne Project. the cost of the Oakiand Projett to be paid by the muniainality is is ser forth in Exhibit B hereto. If the municiaolity fails to makc in, payment required to enable Oakland County to make payment to Wayne County when due under the terms of the. Nor: t Arm Relief Oreement, the same shall he subject to a penalty of I% thereof for each month or fraction thereat that such amount remains unpaid after due. Payments shall he made by the municipality li.Then due whether or nor the Oakland Project has than been completed or placed in operation. The Foregoing obligations shall apply to all payments to delsay ti: cost or the Oakland County Project. 7. No change in the jurisdiction over territory in the City of WIxan andCharter Township of Commerce named in the North Arm Ref of Agreement as future users cif contingency capacity snail in any manner impair the obligaticns of this contract or that Agreement. In the event all or any part of the territory of such city or township is incorporated as a now city or annexed to or becomes a part of the territcry of another municipality, the municipality into which such territory is incorporated or to which such territory is annexed, shall assume the proper proportionate share of the contractual obligations and right to capacity in the Oakland Project of the city or town - ship from which such territory is taken, based upon a division determined by the county agencyvitilch 386 Comm i e Fie r NI nu t es Ltdri nried. Nov • r 1 1/, 1 shH make hch a • .: • • •: :•H • t r ke • -std. iscti• digt,();Ii g/ ,• ty :•:•h-.1 1 • .. • ra-pcesentat w I r•••:•'. • a .:.... b..• • :ea counts. aria •th ,•••!. Ike r ..pitency n i • ri•.ii• abet . t r ITiL; C 1 - Ly •H int its ritgo- :di:.' :Toy dcd , then a ey may r cr. , : i”:•• ::•; :) IL., re...on:rm. n1(..r:i ion wehir • • ricp.-; .zef [:! L. .......ei ar. :Men thereof by t he Count y Tiency, then .:onro:y .3•.,•••n • pdipti-a-ct - dist ...kr., • , la., coid: • 1 hy: odd; cd tirt aark.-::. cue._ any capac ty or 11Iti CS at her t han those de r 1 t:s.d : • . , ii..• fc:r I"; rnv id ng such arld ona• ca•ac i ty or 1.a• as y i••••••• 1••0 , • 1 let thro- - he. aa i or the c. ..y or townshi named n ...gratin 7 above wit s • hat the r g red , or a:dust rite , e her d y ar through The • •:.• lac 1 • ii.•::' ter completion , she. iiitn arid i eof t O.:1 I di Project s ha I be in accordance iith app cab 1 e adrkg.i.st-r ta,eiein tate parties_ and in accordance with the North Arm Relief Acrrne,ent. 1 Ce "rile pa he; t. that tls- nos i.e.; and iaxpensias of any I aVP.; i S n;fln d rect 1 y or irdi rect 1y out of th ch• u on or t ;ran:: i a the ()aid and co-ci jeer.. :o the:. extent that such costs and -2 ....-detitcs dre char against. the (_.00hEy or the cunto agenc.!, shall be deer:led to (ions t 10 10 inst IF r Oak] and Pre ; etc t and s ha i e pa ;id :..• 1:n,• n ic pa lity in the same mannel ot.voin provider: with respect to otheT costs of tbta Orikiahd In the event et coch gat ion, the county ara...,, -OhS.S.Jtt with the manic 1 ty and ;t.aIf • retain lega I counsel ner recsdiiibli:.• !nun c pa 1 1F to rata—se:tit the -"guilty: .................p rei tied I h f to t• :uh .:.• he mon c. r y q re.E. C0 T.:: reasonabie time, the county agency shali ":.ga -cisit its discretion as ithe 'ttdroion counsel, 1 1 . IF re iw. ,7=C t • I t (OF i ll C.OrV..; r t. he Wayne P • g itict. with - • in threa: yt...ars !tom the date el ••• thre-itgh no fait i t of the if the Fro- ject is abdiation....,1 liar any re,ason, thia mur •.l pa 1 :I .,/ shill • : ,r and expense... clout rad by the C01.1r1t.',, n r C)r: flh the d in c - pal ty shall be entitled is nh pite rid other cilt: :;•• r .ird 12. Ali pow6rc, duries and III tier-: vet.. .1 by cork, or I ,lehd l-DuctY .'•,0.i:•1 1 ] be exercised and performed by thiii crignidt ai-i•ancy. :10 behni cgunty, si otherwise. provided by 1.155 er hi rh,,ntract . t •-• iy the rifft to aro ...-rd this para - graph and/ar y :_o rec.. tes co:1i ke, aph fi to subst -Lute oilo;. ;sir pet: lc co r - perate (-int aqvc...../ in pi :Ice sind County time -Ill ty agency one i tte• II' .....te thereto al 1 peracir di„ 0111 :1; funct ions et or bet I cr ,..inted pursuant: heratc:i or pursuant to law. the uv:idlt that: are; ore or isore of t.fic provis ions of this coot ract or of . the North Arm Relief eesneri 1 for any ••ii• dee he. held to he nva 1 id „ i 1 legal or unenforceab le in any resaet.t, sucit invta1 id; ty ilfenuf sy 01 1..liV.MfOr101h: 1 it ,/ shell not at Octli any other prov.i s ions hereof , but these cent ractk sine I be con :trued a ii such inva 11 id, ii legal or unenforcear_de pro - vi s ions had never hCer. contr.:in:e n here in. 1/4. Oak i and County and the mun c: 1 pa ty each recap) that the City of Wixom arid the Charter Township of Commerce as future usetrt• of Tont i nnency cilpnir..ity will have contractual rights in thi s contract i.and in ills.: North Arm ReF Agresoment and : t 1 it there .foce covenanted and agreed by each of them that so long as the cont. ca-•,:•aci sh;oh remain outstanding aril unused, the prov s iord. OF either cent tact: shell not LA .:: subject. to my titerifiCt or rev s. ion which wciu I d in any manneir adversely affect e ther taie sold ci ty or the tes..tire ...h in. The right to make changes in either contract, by :amendment, spepletrriental contract Cr is nevertheless reserved - insofar as the sees fO not have suc.h adve.r se sit feet and at: providric in paragraph 12 :-iereof. . The rtun ic pa I ity and Oakland County further covenant and aolaie that T. hey ii/1 I each comply with t ha i t respec - tive duties and obi ic..;:at ions under thy terms of thi s contract and the North Arm Relief Agreement prorap 1: 1 y, et the tires :and ir: -the Ma:"Kler therein set forth ; and will not suffer to be done any act Olhich would in any way impair tide. contract advantages therein provided. IC. This con t ract halt become ef tect ve iSt or ts c:..ccut ion by each party hereto and t.hit.i contract: shall terminate forty -(1•40) years from i ts date. it shall be binding upon and inure to the benefit ii the part 1 es hereto and their respect ; ye stiN.:e..:•::•Prs and assigns. Nothing herein contained, however, shill require the county to acquire the OH- land Project if it is unable to receive payment from the municipal i ty. This contract may be.. executed in any number of counter - par se. IN W1TNESS WHEREOF, the parties hereto have caused this contract to be executed and de - 1 ivered by their respective duly out or zed officers, ail as of the date and year first above written. COUNTY OF OAKLAND By: Its County Drain Commissioner as County Agency Commissioners Minutes Continued. November 17, HH H Cc), f•.' Liv (.}F.NO Mayo i- . y r SERVICE ANDITINANDISi. MtNT FOR TinF COASIRUCTION AND OPDRATIGN OF TEL ARM RELIES INTERCEPTOR ROUGE VALLEY LFWAGE NDFOSAL SYSTEM WAYNE COUNTY - OAKLAND COUNTY - TOWASKIPLC NORTHVILLE THIS AUCIMENT, madc this 17th esv of Ciectbre - vshrie't, A. I:. by nad heeweee the County of Wayne, a county career. flan ot c•m. e of- 61chi e. r, her,. .hrr referred to as and is C2onty of Oakland, a cenr•? r ...irporatioh 1.ht t..S of Mich:c.,n, hereinafter referred id as "OAKLAND", and the TOWNSHIP OF ror ,AfILLF, a municipal mrirffeati a hi • Count./ ri' Wayne, MichiC.n, hereinafter referred to as the "TOWSHIFN, said OAKLAND and TOVEISHiP hereinaftcr referred to coiieeriyeiy as the "MilNiCI- PALITIES": u:uniy of tikehe.. heis heretetha c- teai"• hen thr Disposal System to inier LA irr sewer.: 'ysi LRe. ..:• th systekl. WAYt!! actinri Cy and Li j. noard hpf Pubi 'LY•••-•,„ • August 10, 1Rf.,1, hlet• Lle ' C(iNTRACTH). i u. I i arriwi- sition H c(-1 .! a in ex i •• I rId 1.he: (',OTI'•"t ..n "1: '1 ric w Ifl l.-.<: 1:Lor 'FOC d dreiv ...le • it ich ••!. r the i sewage ali.•r• tros r ( r: 1 Lbs dIs- trirL for disp,e ih,qh Lacilite, et h .!, •iiy • i or•irai: . 'Jdid corehrart further provides for SaLJ efieceLion mn: y,•••..• 1-* I•r ,IP •h- the certractiug ..... ............ •••• JOOMMUNITiES end I I!nciL ernyieity. ser i • J:iirs: •." Lorin :, by irs—ji . tnevide to cever •the share idi the crst -hhi be Ly heiha ,eLeiad hi rhe Full faith and c.redir piedges LiS eerh cLahri:iLtirg COMOLIAITY int eVirL rh -e .)ro- vided in the eontrach, and, IhrLher, iimizatief . r .a• Y: of tirid Hien , eeen, rates to be paid For operation and rileinlem..nr-, end ott,r ir•-• • •m. ,y,c• ir said contract being uliv exeeuted by ali -osties as ef Augie•J IO, 1561, Jrd aporowd as required by law, and IffIEREAT the 1-7.,WNS ELA.F. IC CAM by For prov ;s to a rate of flew (!efc) ik the then eraisirg Tud rerisa rd:wers conscrheted pursuant to the provision?: thereof namely: 1.6E cubit ieet per reLord WFICREAS WAYNE' acquired certain "RESERVE PiahREITY" ia new facilities built •..irsuans to the BASIC CONTRACT, with the rirht be sell such "Rty HE CAFAC ,P" the in:Ed:coal CMmUNITIES or other units of novernment on such terms and couditicsa•• as it O ,.r.riis advisable, herr neen:ry fer the public hen':Ji and as permitted by law. (The term capacity .1s used in this cnrirrh-L chell mean the right to dyTiver a rertnin rate of maximm flow (els) te the receiving forMiries); nd WHIkeRR OAKLAND simiJeouently created the Hdton Rouce Sewage Disposal Diatrict and purchased for use by s -id EistrIen HI ris RESERVE CAPACITY :rem WAYNE. and the TOWNSHIF did subsequently pur- chase for it-. oat. I.00 cit. CAPACITY from WAYNCeiand W ,ReAS the agreeA Lite fcat purchase of REr.Log. CAPACITY in the new facilities pe:rriiithen OAKLAND and tie 'ii)WNSHIP terd'orariiy to utilize the existing interceptor in the Middle Lou:. Pa:kway between 'd"-nd and a point approximbely i.100 tart south of Seven Mile toad, hcreinatthr referred to as the ",',.ISTiHts. INTENCLD-r-OR", as shown on Fichibit. "P-iii; and Whf.-RLAS utilizalior of the EXISTING INTERCEPTOR by OAKLAND and TOW'.: Err the 5,00 c7a capacity acquired in He RESERVE CAPACITY of the new facilities has resulteR jr ar eacrsional over- _ loading of the EXISTING INTERCEFTOR causing raw sewage to discharge onto nri•••:nd adjacent to the EXISTING INTYR ,OFEDOE; and WHEREAS the Michigan Department rf Natural ResoUrcee, has not the parties that over- loading of the EXASTiNG INFEECEPTOR poses a heaith hazard end continued overicadirg of the EXISTING INTERCEPTOR could result in he restriction of the development of the areas tributary to the EXISTING iNTERCEPTOE,i and WhEREAS it is generally considered cost effective to desfgr intercepter raciiitie:i, to i -.,orve projected as well as current requirements so that the facilities acquired and fiharred hereunder will have additional capacity for future use beyond that now needed to relieve the EXISTING INTERCEPTOR; and WHEREAS. the MUNICIPALITIES have cooperated with other municipalities to prepare plans and specifications, for an interceptor which will provide for the rd l hri.f of the EXASTII4i INTERCEPTOR and will also have capacity for use by the MUNICIPALITIES when other enlarged outlet f:r ii tint aad capacities Cr::: available; this facility is hereinafter referred to as the "NORTH ARM RELIEF INTE:I- CEPTOR", as shown on Exhibit "A"; and WHEREAS the total cost of said NORTH ARM RELIEF INTERCEPTOR to be financed under this agree- ment in estirated taii $5,877,8 ,03 as detailed in Exhibit "5", 4hich cost inCiuner aersain planning and design costs which have been financed under a separate agreraient entitled Huron Vi icy Wastewater i on r s l,ont n u (.1 , 7 Control System, Final Igaccia(T J-1,.ee.r.ant farad May 14, 1?fliO, Rs amended. and litHL•/AS it •rRt a: NGE PT:Li/J• iNTERCEPTOR. is ciigiblo to receive sicHcant rtpie ! •nd that th local share : .•e Jost of the NORTH •r-.1.1L ' AUC11 '(n/ the HUNICIPAIITIES ; is estIii--3 as ,482,6 as (1•1.,:f-A . •WI; Oki:: : F iOEI constitutes and ;Oil be L.' in- t:(-J Cue Jnd ic ft-1-i ....,minafien dhd ,EL;Eh tlEFERERPTOP frgi.uld he. ucn- s...arated pu r s ua iht ism rhf p 1 n,• pr••vi•ed in Act 133 • Axts I for 1957, !1ifFilCEPT:r peng vital; y ve.„ ,•nd gur ec t• the puhl1(... JAR:1'h, e,1::•- :21" w7•1 become :-Etcutl-c Ar....n approval .. •amo ey toarepriate reso- lutions or The. 1,.,.:csip J: the TOWNSHiP; OemialE,leners of Si:1:IAND and the County Commission of WAYMI , And fho execution thercr L. the authorized officers of the parties hereto; NOW THEREFORE In consideration- of the premises and covenants of each other, the parties hereto agree as foilthint I, The partios her,aro ro,...uni7a the Agreement dated August lO. 1(16.1 betweon he County of Wayne and the COMMUNITIES comprising the Rouge Valley district to horein as the "BAS/C • CONTRACT'. ft being further rocozed that nothing contained herein shall nanner alter, airend or change the responsibilities anti (iihligafions of z.hd partie With saci BASIC CON - TRACT, 7. WAYNE. and the MUNICIPALITIES hereby approve and renritii the improvenients to he acquired ang constructod as set. forth in to ,J preamble to thi• font-Jc,, aed l.naf the same shall he at.qpiied an3 constructed In th,f roe pryvidsf ra -nl p-h th.nr Sc- contract. WAYNE and the HUNlCIPALfTIES l'orther beret's sJ. toot the O. F.dc id sewer imp.o:_zikai:-. prepared by the consulting ,nly,irner e id the eitiAp,rs.d eost set forth la the preamble he,gto ine acquisition and cor-,17i-n• or the .--er fpit.:R.:erns,hts herein approved are hereinafter in this Contract referred to as " TO BF fill#,INEIT,r, 3. 13u PROJECT f0 BF FINANCER an ;iie (eslmared cost thei -cof in the sum of Five tWlion Ei."4h.. Hundred Jierr,-Seven Thousand Eight Hunr• Three; Dollars (S5.077.8°31, as set forth ih the prerfhle of this Con1ract, includes estimaz of ail surveys, acquisition of prenarty for rights-of-way, including- consequential and i --S Sd red 5 f any, and Hl tere..i t or awar ds , an d physical construction necessary to acquire 1.31 con • truct the NORTH ARM RELIEF INTERCEPTOR, The acquisition of all materials to acquire anij construct said NORTH ARP RELlEF' INTERCEPTOR and engineering, supervision, alflinistration (including insurahccl. legal ong financing expense ,,, noceasary in connootIon with th-e iltion and construction of said NORTH ARM RELIEF INTERCEPTOR and Financing thereof are also ir..h.jraj; 4. WAYNE will acquire thc neccR,sary property sod construct the NORTH ARM Rt-Liff INTERCEPTOR. For that porposee WAYNE will take bids for the: construction of the NORTH ARM RFLiEf P1TERCEPT0R. prior to the time that the MUNICIPALITIES -fake payte3ts per Paragraph If infra for the ,: financing the cost of said NORTH ARM Rffitp itl:tROITliny. WAYNE shall in no event enr...ir ifl,ny final con- tract or contract for che cohstructica; ,rd of sad imprevomenti, wnezn. such contract price or prices will auch us to cause. ..,ctu,a1 cost df- the PROJTECT TO BE iiiiANCED to ex.ced the estimated cost, as ni t forth in the prc ..able to fhitr: contract, unie.,.:s the MUNICIFALITIES, resolution of their resoccti A: governing bodies, epprove said increasee total cost and a;free to pay the e<ni.as (vor the estiRft coit in t.l.e properAions hereinafter set forth in ',"ru .:r.,..ph II of th.s Uontract. The NOPIM ARM RELIEF INTERCEPTOR snail he. acquired and constructetl in accordance with the plans and ,:pecifications a -Apiu,ed with this, Contr.-Act; provided, zhat WAYNE ;,Pay make variations piaw, and il..ctificetioos if sooh vnriatiors are eeelped triry to effectuate the purposes a Contra( in the, event neoefliry variations. :,re made which result in incraafed costs, such incfne,htud costs which (fro not grant funtAti hell he boroe. ahd s-rid For by the MUNICIPAIITIES in the same proportions As the costs set for a fragraph II of this Contract, All matters relating to engineering plans and speeifications, witi-1 the making and lettiug of final construction contracts, for the NORTH ARM RELIEF iNTERtlf -itlR shall he in the exclusive control of WAYNE. All acquisition of rights of way shall be done. Is" WAYNE_ 5, The part/eh hereto acklowlecqe that WAYNE is without fur)., to finarce thi'i; project other than those. obtained frcm the MUNICIPALITIES end that the tot a l local share of the costs of' the NORTH ARP RELIEF INTERCEPTOR shall be borne by the MUNICITALITIES and nothing in Paragraph 3 or 4 supra is meant to dish the HUMICIPAL.ITIES obligations or to impose any liability therefor on MAINE. 6. Upon completion of the NORTH ARM RELIEF INTERCEPTOR, the MUNiCiPAtITIESI shall deliver sewage originating in the MUNlCIPALTTIES to the NORTH ARM REItifF INTERCEPTOR and the EXISTING INTER- CEPTOR (herein collectively called the "INTERCEPTORS"), in accordance with the prov;sions and limi- tations of the BASIC, CONTRACT and the agreements for purchase of RESERVE CAPACITY. Ahd WAYNE shall operate and maintain the INTERO1.FTORS. 7. The Ranitray collected Ey the INTERCEPTORS will be transperted through the interceptors of the Rouge Va/le, i:ui,s,i(tc Disposal System at the maximum rates as set forth in the Commissioners WiliAtL; Continued. Novomtier 17 1 113'. BASiC CONTRACT ti so In rho of tho R •SLRqF CAPACITY mff d In in the amHe for.:..jj through the fariiities o• sii f.mrin io the ce3ntracts, OM. i!a ; I tf-an...!.ii • : 1 F es are stf ()j I . 1)0( 5b t 0:r...?1":. C•.. 0 • -1-<.) 1116kr," of t.t.g M000F Afq.1 1-1 1 1i11imEt.1ltn.. 9.o.hinD in finis Contract fo imi. ot thc po Lo pro- vide addition ,i fapa...itr for He fu , Her. und..., Ht tHe Rouge Yaiiey Syatfm is designed to ,iieceat a maxImuff. mil of fifm efnh: and earN munici- pality shall be alt :0 in tho various p.tirts of. te RoPc- .1 pc System to .ne cific maximum mit,te cii flows set or al- in rho BAS:' Unit--s the provi..oions of !ha EAS'C 1 .1 im n,: mm,o,lonts fo• toe pt,rchasa of RE- SERVE CAPACiTY, rho MUECIPALITiES are uhiig fi dm.:iosol rata • stablished for such service from time to time by the W.6-y7,=? CounO OF Ft. ercessor. By rea- son theren! , a: offii..i ation „Jill the MUNICiPALITIRS in buch is fp , ihe. disposal rate as establii. H c wihce with the piavihIens oi said !'.'.1.1C arml tcr purchaife of the REE-RVE U.EACiTY toO to pay any and all chrigris required to he made Py tifotract, ihe MUNIC1PALITIIS agree: t.nnt their fate .a, iidludo iwtors Ion thc cosi cif trenface .fing sewage, ope- rating, main-aining, improving, and idkiqi.-iibIrc riaa. Rouge Valley Eilsposal Sys:, m on the same basis as the rates of other municipalities ing tic Rouge Valley Disposc.: or nry successor sewage: disposal systfiati of whicfr, the Rouge V.:Hey Disposal System hocomes , 9, The MONICiPALIT/ES herefe! iiimc.ifically acknowledge thc requimanants of Paragraph 20 of the BASIC CONTRACI, and, further, ,!.he. to enforce thc. vfmyna County Board of Public Works rules and rcquiations centrollinq the chara::Imr f the sewriqo discharged to the Rouge Valley . Syst.am. They further agree to i)ass ouch ordtharces OF tate such other orforcif,ment acr:on as ray be rp..i.ni.m•ry to require usrirs to abide by nny nippl statuts of the United States, the State ot Ofdinancas of County of Wa ,,tre, City ol Detroit, or the ruleb and requlations Pb auvropriate enforcement ,nonci,m. such ,n. F..1.nal Environmental Protection Agency or the of Natural' Reourcm.s, not limit:ad to appiicablc federal or slat=::: rue.:::!E -ic.T,•n ,, User charge systems or pratrea r-art requirements. 10. To carry out and accomplish the PROJECT TO BE FINANCED, WAYNE shill talc thc. following steps: (a) WAYNE shall ImmefIlately apply for any applicable grants and take all steps nocessary to take bids for End anter Info and execute final construction contracts, for the acquisition and con- struction of the NORTH ARM RELIEF INTERCEPTOR, in accordhnce with the plans and specifications there- fore, as approved by this Contract_ Said final construction contracts shall specify a completion date of the NORTH ARM RELIEF WITNTEPTOP, (b) WAYNE shall take all steps including condemnation, if need be, to acquire the right of way necessary for the PROJECT TO BE FINANCED. (c) WAYNE will requIre and procure from the contractor or contractors undertaking the actual construction and acquisition tel the NORTH ARM RELIEF INTERCEPTOR, necessary and proper bonds to guarantee the performance of the contract or contracts, and such labor and material bonds as may be required by law, in such amount and such forms as may be approved by WAYNE. 11, The MUNICIPALITIES each hereby agrect (a) To pay their respective proportionate amounts of the local share of the total cost of the PROJECT TO RE FINANCED in accordance with the percentages shown on Exhibit "D", which are as follows: ESTIMATED LOCAL MUNICIFALIY if SNAP:. AY.OUNT Oakland County --6T.92.6- . $ ---i:l1.;.,:::.2.3 Township of Northville 36 i n° TExi-TOTT -ii-,-71-627-3-67-- Immedi'ately upon receipt of construction bids, the MUNICIPALITIES shall pay to WAYNE such sums as are necessary to acquire right of way for the PROJECT TO BE FINANCED in accordance with the above percentages. Wayne shall, to the extent practical, invest the local funds so advanced and all interest earned thereon shall be credited to the respective municipalities in proportion to said . . payments. (b) To make payments not greater than the remainder ot the to LOCAL SNARL AMOUNT shown above in cash to WAYNE. oithin 15 days of the date that the contractor executes a contract for the. construction of the NORTH ARM RELIEF INTERCEPTOR in an amount hot greater than S4,1301,300' as shown on Exhibit "Ili". WAYNE shall notify the MUNICIPALITIES immediately upon execution of the con- struction contract and such notification shall include a revised ESTIMATED LOCAL. SHARE AMOUNT which shail be calculated by applying the above stated percentages to the local share of d FCVISCd esti- mated total cost of thf: PROJUIT TO BE FINA4CED based on actual contract prIcris after credit:11)g the amountt paid os abovo tor ririlit of way. Subject, however, to any increases hecessitated by v8riations which might occur imaccordance with Paragraph Four (4) supra. Al'sb, the MUNICIPALITIES recognize that If any cast is later elsallowed by the ,jrant administering agency and ref:wired to ba roimbered, such reimbursemant shall be the obligation of the MUNICIPALITIES in accordance. with the percentages sot forth in Paragraph 11 (a) supra. Further, within 180 days after final payment to the contractors, Wayne shall return any "390 Commissioners Minutes Confinend. Noveraher l981 surplus tura.- rema C : ::..r l'OC1 1 1 paragrapia (":-.0 by :iv aiait tort.: funded the: MUNICIPA shall h.•i a G'11! • •f. foc ()r eve.. aiiiymenrs :in :1 St. ' t 1 he -11•C , •-•• raak : , : • I. • • •a.ri { I L S :i ...r.cnr A,: ta a:• WAYNE. Tres MUNICIPAHT•L'i: : Iv a th - grant payments., T i.PIiNicir ,1 —i nan (..l ni r -, TO BE TiNPNCED for a ca ic-Iry of 16:99 cfs, d. :1t 'CUM:iNGLNCI CAPACITY", 4hIch is io exoess of the 40-year projecNed capacity requireinets of J. MUk1Clha.i.jr:E; and (b) T1: 'chic :iiiNditionai Q.99 cjs CONTI 4',..cNCT CAPACITY is Liinti provided sit this time bece-iuse it C.afi be provided at. a no•in:r1 • iod is el igieia fscileral grants it utilized by the City of WiXGC1 ahci the Township ot (Comperre) in (II) That uHrier aqrqemert, thc MUNICIPALITIES will pav th r 1acquire •iaht to u••e. the liq5 cfs CONTiNGLNU CAPACITY, os si -ion in sirbiect to conditions stated (6) T• -•, wIithin 5 viin-:• tha c.. (4 th'i-r. the MUNICIPAL1TiCS: shall, upon being dir ei•ie.. hi. WAYNE, tran- C.c.mmerc COOTI.NCY CAPACITY whir,. •HUWirAt iTiES acquirt undor ... with Exihihir I:FN: This will T: Nished Opel execution fly aeci rt ien1i1m . 5Jinbe51e051. with OAKLAND acceptabl., there wiil be. oo ocher sub usx. itt ihei LuNihISiitettY CAi:;iitiTY without thia approval of WAYNE, CiAilifiNSI, NOVI ond the TOWNSHIP and until ad h., II1VI anti,- the TOWNSHIP. f,e) That, in th ..:n. 1 .II ••1N(.iTIL., itransie the rioni LO use any of the CONTINGENCY CAPACITY Acquit-, m.o..-- iitES be reimbursed for the costs they incurred snob: CAI...ACITY by wide by Wixom and/or C.,.,MMCI .C-e in ascordahci.ii hlith •i .?1. Errhir•it "Pi. for purposes of this paragraph, costs shali bc Nefiq„cl •b the costs set forth in Exhibit OH L per the TOWNSHIP and NOVi plus •t. ,Ti ot lhe intb...rest would accrue from the date that the TOWNSHIP re NOVI itmiia paymeat uodar this r ,-.4,trac.t. until such 1 1 1110 as Wiream or Commerce make pO51( nt. 5. The MUNICIPALITIES agree that fhe right to ciiscli,iroui. to the EXIST:NG INTERCEPTOR or to the NORTH ARM RELIEF INTERCEPTOR is, nco.4 r•st,ricted to tha ariouitts of wastewater Jnd rates of flow which the MUN1CiPALITIES have accuirnd in thi. ihterceptors ot the. V. Hey Sewatla Disposed System into which the EXISTING iNTERCEPTOR and the NORTil ARM RELIEF INTUCEPTOR will now outlet, and that the current EXISTING INTERCEPTOR And NORTIr ARM RELIEF INTERCEPTii)P, cuziet capacity in the Rouge Valley Sewage Disposal System, (as shown in Eriiiibit "C") is: OAKLAND 4.G0 Cubic Etc:. per Second TOWNSHIP 2.60 ob 5 c•: Second (b) No connection to the NORTH ARM RFTiFF INTERCIWIOR shall be made unless until WAYNE has approved and issued a permit for such connection aa ...r no connection for use io excess of present outlet caoriti will be permittod until alternate or additional outlet capacity is provided. (c) WAYNE have the Juthority to require connections to be made to the EXISTING INTERCEPTOR or the bOilS ARM RELIEF INTERCEPTOR or to require cross connections between the INTER- CEPTORS, as necessary optimize the efficiency of the combined interceptor system. IA. All conaccjons to the sewer Improvements herein described, whether such connections are made during construction or after the sewer improvements are placed in operation, shall be made by the MUN/CIPALiTIES. The actual costs of such connections shall be paid by such MUNICIPALITY except to the extent that the costs of such connections are included in the cost of the PKJECT TO RE FINANCED. Ail connection:. to these ta6lities shall be made only with the approval of WAYNE in accordance with the requiremcns of WAYNE. Thls Contract shall romnir in full force and effect during - the period that the 2ASIC CONTRACT remaihs in effect. This Cc.-ni.ract may be Altered or changed by consent of she barties Lftireto. 6. This Contract shall inure to tit tene.fit of and be binding upon the respective parties horeto, their successors i:Ind assigns. No channci.. in the jurisdiction over any territory in any MUNICIPALITY en Is is a party to this Contract ...hall io any manner . impair the obligations ot this Contract. In it:he evert ail 0 ny nail, of tha territory of any MUNiCIFALiTY which is a party to thib Contract hs incr-,rpct hy, nso city or is anoexeu to or becomics a part of the torcitc.v .: of onother MUNICIPALITY, the MUNICIPALITY' into which such territory is incorporated or to whic.h ill territory is annexed, shall assume the: proper proportionate share of the contractuai sot forth herein in accordance oith the provisions at forth in the BASIC CONTRACT, 17. At previously stated, the parties her to ackncyl.FA!.-„., too t wAYNE ha ot funds for this project other thao the MUNICIPALITIES, and tf,• her.eto exprb.issly Anree. chat WAYNE shall not be liable tor, and the MUNICIPALITIES shall pay, indemnify and save WAYNE harmless In Presence of: Too' s'sip Cli' 'C COUNTY OF OAKLAND, MICRO-AN S.orrrif --iorf(---P fluit<t:-., ..i1i1:,: r. 1.10,.:! .foHn:< .'- I.iii:..-.f' <ti. i..i.. -,For.'.', r '::.i<Ii.- ho jf II <'Ru l'.tOiitv .0 :- 1IL' :., :. ''i: :.,p . ;:0:..fl,:fl, .... -<<'0:',.-' :..:..: .:' ... is 0 1 fit: .o fl . .0 r: 1. :0's 05 .5 ..... - i •.. -e" . .: : .• . j ii': ', ,<,-', .. . .'<.. r < •, ., S. <ft. - .s iS. iii It 1fS 1fti I •<i 51.1 •< _;.•: ... ... '. iitu'fI , ii. '• t- <is ' f' ', ft 5..:. f''.-- -<s.:.':: 1- ,.: .iru.i::f., r.ijdu.'-.;.'.if'ol -:1.0 r.I'<..:-- it! . 00:-. ''i of.. f:.:.. 5,..,'., :.,.::::u;<sso: .0:;:... ;-f:::H-::o .''I:. o::i-urrrr,ot so' "' .Ii.I',',.'',5fL:s...': .'u'.:;, ''-0-is': :u.',':.s. p 000<' isj.:: ,.'-:.. . :5 OI,,fl i:-01fl 11 .1:1...< .•, ..•S.•..•s,. .--o.'...i:..0-1s -'-/-: S5• "iL:si,'ps ii t:fopaoiid.'it.,.,-.r S:,•: .-.oI-'': .< .,<5....,...,5 :i:.:lt'ii It",. ::r,'f flu '0- 'i:... :-.-j. :.• :.:.-<:, ...-. i'eo..J•r< '• i-.d irti'seo 0:-si uerf-. I'. 5,0-'. .0 :•. <:01. 0.5:': ifl.:S<fii I .0 u :io '''": i,.: . <1t 0-'"'-'1'sc' sq 110--.: ',L.YII .r'i:.' ,uR OCO'I, dorivaii.J, ofF-f' --•f:, ii'.'- i I f'-;'- 00 L'..:.l-i • jO I-i. ,. re: ,0,< j , t:':.s. Yf t'o', not si •.:,: RiO! . Fri. '5 0 -....s I . '50<: ••. j. •. : . fOil Of:' i [10- or he .-e' i-i' :ho.'u 05 ii -;: oltcr .0'. :11,0 :5 •5.5, ffl '0-.: 51-0- ow action i-sr.-, .0-1<1,1 .0(1 rio - O.'!.:I'S,. led-,, ,-'ff0-r .ff;:c<:f,ti -I:s or -rot is::'- . . -s-i: -. . 11.1 U 1 , roost-s <.', . 'its fins I SOS .:rsfl 1: <ifs I ns'< So'tYME r.rouoi.p1d :5. "'sI o':h .i:s's.e --'.-'••-• .00 - f sIili, ':0- OS i"t tsr's flf -.rc: fllj<Lin Jo: .'r'..0-:.-'Io'.. P •ft:,<. Wj.y: thi' I CAII(IiS' 'pnr':HhW..v '-'dr hi • •:•<::,0-''<,,<fll<: .Sf .:iU55.f:)i.)fl:S :,:.S.,SSX<S.lS :S!:5::..:,f.i.. I ii' SS0 1<15510., .10- .f:<..,5J5sl5< s-.:-' fr.' fl .0-0-< :0-.. f.rUCt (0- ,..,.,Vtioir1, '.1.01. the. Iro.tor tOIOI5 <S0O'Sfi.'- ••f ..If.:Sl s..:fl<,f..:si: ft's..'- Lol-iiis..,' 50100- Iif'li:'C <h, ito<:otj 1 '-Iey.r, th<- 'oi-srtship, iRe <<y IsIs-.;; Old fl1r.s -f,s..,uf.'V <<I 'fftkiOO: S'S ,.. ff0-ISO. '''<''fifI < f",lOrfl, ff55 fffOf'fifO' tiV<' .50-liOn . dot Ii .:,IiisO, :)OO 18. JARL/NI' '., , .rrf rf fl-.. -NJ llr'it .r f Off S Sf 1. 10 1'. 1 o <1 NOV (f pit! <NOV1" thts f.It el NIs.:5 "I'S'S 'ISIX,s't"f : U I sf 'SSf'fflSl'.sf If; 'f,f,'-0- (l<.'is (QMj-F,f'[' 01: 1- I. nizod Slot NON!, 510-3M sit CFHMENCN I,riv-' 'liiu lint'. lirpro 0.t nut!' If, 'N's 'or:',; <lore-of and f5/,hiLi IS in, lisC''s'<rs...t -,hp.t .o:.:.-s:.:-s-f.-s, I..'..' pOrs'1 -r"57.] <::.t('(5 5sO,5 ,S.Iyd'sn 'sir,ne er.d'.,ohi,soc. Jot lv -'.:-:'-,:to:: hyth'. f1 Leer! Uniter' Wayni: C:eii,S ;nd OaF,ia,id runty. This Cun,:'fff:,i 1.01 ho :sxflf:.rlOr'ct il;,'-.;5 'I per 0-t. IN 'diTNESJ WNERLIE, the portico is reSt luve Cflufsfid 5<11 -. to loS: os'crtt'd 0.1-J dcl ivered by their r:'ssortive duly authorized cft'icet, oil as of oh: <'-ro td 'err Jr-,t .:.............or' tots, In pretsenCc ol: . fOJNTY OF WAYNE , NIL:! itt-s .5,50-,, CI,-.:' 0-,:'.,, so' tl <f Or--" In presence 01': TOWNSHIP OF NORTHVILLE Supe'v 1 (for Copies of Exbibts "A', '8' CI, IiII arid "E' art file in County Clerk s Off Jo. SERVICE At!- F I RANt INC AGRIEMI NT FOR TIll- CON':-TRIII' I ON AND O°L RATION OF TIlE NORTH LRM I-f C IF I NTERCEPJOE, ROUCIS VALL,LY [WAGE DL SPU<--1-t SYSTEM WAYI'LI £0110 Y - II"KLItND 0-fIlM 'il --- TOWNSII I P OF NORTHV I LLE. IHIC AGREE.MI.NJ, mod' this 7th lay .1 C-coher iNtt', A,Li., h'j Wayn', n county cOrsi(sr'storl c he ,0-itl Sf M0'Hi-15:u,, her,s,n,iftor reSt Coons -f of Oaklnd, s t.s -'ir'5 <' 0.sr.oretiOIi 1<' 0-:s' 0- M'ohi .rt, ho:'.:' LAND', .:'-nd th'-.' Tut-/Nl':HIF (it i-JOP'IHVIL.[..[, f 15000 (s -I (1 50 th<- herr ho' 5cr rssfei'rt'J Sf0 -, h' 'IDWHI.H IF', 's.d OAKLAND aol TFWNSHIF' Ri Irsctivtsiy as the '<MUNICIFALI 1IES°: ii 'tee's' i5s C ...:'r;t/ of ".f- SRI.' mU the 5.-i rr-te, '<<s i t.:: Is -. :0 fe';5u'- N : r .' I 'rss'sd 1'' :.' - 332 Conn ic to5r • tc.r.•r:. Cori i • , 3 4.../ TH : : t :1 P n ib c. t r • • ••1•• •••.•••• • • : :•,1 :rt"..il.rhe..-ir• ,• b 1:-1 WAY tib , and •-• • • funds• • ••as pr,.:),..,;ded t • rr,(• • : ..."•••• .:.:' • • C. r :• ONION , I • be d , ••• • i .:: • • r • W_!: :d if:. CONTRACT „•: ted t•.) 0 i• is. e", i• es-4 p - 0•••• t erd• TT- • . I- r rt. t;nn".it to the. BAS • i rid iv 1ES or other hhits whe-e for tic ,ortbilc -I by t near: r (-IL L••:, • H.:AV f rn ,• r o tar: ;1 ie r,S; , cd OAKk...AND • and pur- chased TOWNSHIP did .quontly....r....ucc for : :h: new far: -;- set-- tied OAKLAND aLd iLe l'OWNsitiP mr,dd1e. I,.: -5 way laatve• a W Fettl and 1 , •H-F: • Miie Road, her.-..irJ..,.'rer• referred te • "_AHTIW: ,H :F.-'0 of a -ni TOWNSHIP s- cfs capacity the Ri-.5.',ERVE ••••M'ACITY. {±.s resulted in an overloading ef INTF.RGErTOR mi.w sewage to discharge onto go-uric- to th- ! •rri NOrtON aril WO, NA:. Filehican Department of Natural Resources has notified the parties that over- loading oF ..ae INTERCEPTOR its a health hazard and continued overloading of the EXISTING INTERCEPTOR reitult in the restriction of the development of the areas tributary to the EXISTING INTERCEPTOR; and WHEREAS it is generally considered cost effective to design interceptor facilities to serve projected a5 well as current requirements so that the facilities acquired and financed here- under will have additional capacity t-or future use beyond that now needed to relieve the EXISTING INTERCEPTOR and WHEREAS the MUNICIPALITIES have cooperated with other municipalities to prepare plans and specificatiors ter an interceptor which will provide for the relief of the EXISTING INTERCEPTOR and will also have capacity for use by the MUNICIPALITiES when other enlarged outlet facilities and • capacities are available; this facility is hereinafter referred to as the "NORTH ARM RELIEF INTER- CEPTOR", as •Urtwe on Exhibit "A"; and WHEREAS rhe rota) cost of said NORTH ARM RELIEF iNTERCEPTOR to be financed under this agreement is estimated at, $5,877,803 as detailed in Exhibit "B", which cost Includes certain planning and desigr c- -- which have been financed under a sieparate agreement entitled Huron Valley Wastewater CUW-ro7 Final Interim Financing Agreement dated May 14, 1980, as amended; and WHEREAS it appears that the NORTH ARM RELIEF INTERCEPTOR is eligible to receive signifi- • cant state and ,dc'r t prints estimated as $4,395,437, and that the local share of the. cost or the NORTH ARM RELIEF- INTERCEPTOR, which shall be borne by the MUNICIPALITIES, is estimated as $1,482,366 s det::.1Hcd In Exhibit "B"; and WHEREAS said NORTH ARM RELIEF INTERCEPTOR constitutes and will be an hpprovement to the aforementioned Rouge Valley Sewage Disposal System, ;tau it I,: thc detrminaLion and judgement of WAYNE. and the MUNICl'ALITII.ES tht said NORTH ARE RtLIFF flaTthI..tPTOR should be constructod, operated and maintained purtaad t I., the aotkorizal.ion provided of the Public Acts of Michigan for 1957, amended, AP.I1 RELIEF iNTERCETTOR being vitally necessary to preserve and piotect the public health; WHEREAS this eontrart will become erective upon approval of the semi Ly Dppropr .rat resnldrions of the. Township Board of the. TOWN$Hlf, Elnd thc Board of Commite..Lieners ol OAKLAND and the Erunty Commission of WAYNE, and the executleo thereof by the authorized of .Ticer or .the parties hereto; NOW THEREFORE, in consideration of the premises and covenants of each other, the parties . hereto agree as follows: Cornis nr Minutes: font in:nett. Nu vimithor 17, 19it 1, 1 r • . the H.:"..'.tv'Pr17. t t 1 5E=1 • 'f-.1 1 It?. County O f 1IdiI t011ui ITI. I , the Rouyn site t ref or re (.1 to he re s the. "RAS I C : cf.) n h 1..ri ed he I" e. shalt in any sorer a I ter , amend or chrsqr tido mist.tonstblii•ies ppd. ehttatight. of the parties with respect to said RASIC CON-RAUL 2. WAYNE :.:rnd the MnIN1CIPALATicS and confirm the tfmravenis to be acquired &nd set forth in the to thIt Contract, and arid,. the sRiin shall be acquired and construcjed in the %:.:nner pity:His: ,mid pursuant iu this sorts it...it, N!WNE pnd the MUNICIPAUTTE st further. herby ppro,e ars tahhirm F. Oars ind spi:giications ;.ot said sewer im- provements preparcd by the consditing exigi -ie,d- and the estim.:mn.s1 otas sol forth iia the areamble hereto. The acquisition nnd cnistigicr i • a of the se ,,Fer fl)rhvechr, hereig approved are hereinafter in this Centracf roferrad ts. "ThhJEC i fL fINANCFr. 3, The. PR•JECT TO rhe estimated cost thereof in the. SUM of Five MiNten Fight Hundred Svcill.:sser Rdadred Tritaa Oeilars s set forth in the preamble of this Cuntrast, • oF cos . t for :ti; sorvew:,, acqutir of property for nights-of-way, incindinc, consiiseu,nris- atRi abettai dem.ep..c . if ary, and ingrest oh awards, and physical construction aciettady tu atititc and cons:c.sit s•e NORTH ARM hULIhi ,,TERcFPToR, the acquisition of aii materials necessary to acquire and •elnstruct said F.Te fRM RELIEF INTERCEPTOR and enc.inacing, sdpenvisior admiuistraien (including insurance), teg•; tad financing expenses necessaiy: in connection wdte iee acquisition and odts.sttuctien of sni -J NSPRTH itt1 Filettff INTERCERTOR and financing thereof :7=re. :11-D 4. WAYNE olii acTmre the nciessry poLperty arid construct the NORTH ARM RE,LMER INTER- CERTOR. Fc,i- that purpose, WAY7tf wili ratia: bids foe the censtruction of the NORTH ARM RELIEF INTER- CEPTOR prior to the iIflestia the MilNUTIPmi.l -laS ui,ko payments per Paragraph II infra for the pPrs pose of financing the. cost of said NORtal etM REtstEE INTERCEPTOR. WAYNE shall in no event enter into any rinai contract: or cootrars fen the: eirstruction ane acquisittue Pt said improvements where such contract prico or brices will he •ise•: ea so cause the ectuati cost of rho PROTECT TO BE F14ANCED to ,,,*d the. estimated cost, as sot ford in tho preamble.. to thTit cot s: act, unless the MUNiCIRATiTIES., by resolution of their respe.tive, (varritoO bodies, approve said incrto.-ed total cost sod agree to pay the excesa over the estimated cost in cash in the proportions hereinafLor at forth in Paragraph it of this Contract, The NORM ARM RELIEF INTERCEPTOR shall be acquired and constructed by WAYNE in fiec.or - dance with tho. plans and specifications approved with this Contract: provided, howeRfer, that WiNNE may make variations li tom said pions and sheifications if such variations are deeimed necessary to effectuate the purposes or this Contract in the. event necessary variations are made which result in incredsed costs, such increased costs which are not: grant funded shati be borne and paid for by the MONICIPALITtES in the same proportions as the cosrs set. forth in Paragraph of tnis tort-act. All matters relating to engineeoing oar- and specifications, tesethor w;th the making and letting of final construction contracts, fon the NORM APM RFLtref iNTERCFPTOR shalt be in the exclusive control of WAYNE. All (..quisiijon of riqhtssofsway shall be: done. by WAYNE. B. The parties hereto acitnowiedge that WAYNE is without 'funds to ftneince this project other - than those obtained from the MtPitC1FAt.:1TiS and that the total local share ct this 00.'..;1-..5 of the NORTH ARM RELIEF INTERCEPTOR shall he borne by the MUlliCIPATITIES and nothing:: in R: -,erapn 3 or 4 supra is meant to diminish the. MUNiCIPALITIEC obligations or to impose any liability therefor on WAYNE. C. Upon tompiction of the NORTH ARM PELIFF iNTERCEPTOR, the MUMMCIPALITIS shall deliver sewage, originating in the muriciPApuF to thio_ NORTH ACM PILTEE INTE ,lCITTOR and the EX1STINCi INTER- CEPTOR (herein collortively called the h iNTERGUTORS"), in accordance. iolth the provi5ions and limi- tations of the BASIC CONTRACT' lbd the, agreements for purchase of RtlfitFRYE CAPACITY, and WAY NE shall operate and it the INTERCEPTORS. 7. The sanitary se4atto collected by he liTERCEPTORS til:11 no trarshorted through the. interceptors of the. Rouge Valley Sewage Bisposal System at the maximum rates as set forth iti the BASIC CONTRACT and the agreements for the purchase of the RESERVE CAPACITY referred to in the pre- amble for dispose! ant- treatment throuqh the facilities oF the City oj Detroit, as set tenth in the contracts, until such time as olternate OF additional transportation and treatment facilities are avallabie or increased capacity becomes available in the Rouge ft iCy Sewage Disposal System sc as to mule usoabla the. full 50,0h CES capocity of the NORTH ARM PETITE INTEPCEPTOP, Nothind in this Cgusitrnate shall obligate WAYliiif to increase the capacit;, cyF the Yodge Vatl-. i.. b. s visa} System to pro - vide additional capacity for the WINICiPALITIL.S. lt is turrhor understota thssi. t -e. Stature Valley DispoLal System is designed ra accept a maximum tint:a id fiaw from each nuricHLiiLy and each munici - pality shall be limited in the various parts of the Rouge Valley Sewage Diepes. .d System to the specific maxirrmm rate of flow; set forth in the BASIC CONTRACT. 8. Under the provisions of the BASIC COPTRACE •-nd the egraements for the purchase of RESERVE CAPACITY, the MUNICIPALITIES are obligated to th , disposal rate estuhlished For such service from time to time by the Wayne. County i epdailrent fs - Public Works or its successor. By reason thereof. the obligation of the MUNICIPALITIES in anti. ref,ruts 15 to pay the sswseu disposal rate as established in accordance with the provisions of s.-.id BAS,:, ::01TRACT and at,rements for pur - chase of the RESERVE CAPACITY and to pay ate' and all charges require , to be mds,, by the contract. The MUNICIPALITIES agree that their rate may include factors for the cost of transporting scwae, operating, maintaining, improving, and administering the Rouge Valley Disposal System on the same 394 Commissioners Minutes Continued. Novetonem i/, 1983 basis as the rates of other es coeprisino the •Ifiafiey Risp-sai System or any succe.ssor SeWa ap..,sa1 i• Th P D : Sy •.• pe r , 9, The h- Haec.HH:.-liv aciLlowled qa tarrr•,tiirm r..f Parag raph 25 of the. LiAFilC CONTRACT, and, turtfe akdee to enloii L he. Lhatne E•pr...v Di_ •7 ••t Public Works cdles and regulations controlisp the character of the sewae disch-r geh :•ing , Valley ii.L:isteo. They Murtha- agree to pas5 such ordi ICC '' 0 Le. e ..t.a ento sh.g.:crii. action as nay be sary ro require Lsers to abide by any applicable siatutes of the -d States, the oi Michigan, Ordinances of the County of Wayne, City or Cotroit, or the. rules and requisl appropriate enforcement asgencies such as the Ceilerai Environmental FrotectTon Agency ir michlgan Department of Natural Resources, including hat nor limited to appi ieable FedeTral or stee regulations as to user charge s'ystcros or pretreatment requirements, 10. To carry out and accomplish the PROTECT TO NE CllNANCED, WAYNE, shall take the Following sCops: (a) lAYNt shall in,iodia.sly for any applicable. grants and take all steps necessary VD Lake bids for and tenter inr• and final construction contracts, for the. acquisition and construction of the NORTIT ARM REL .EF INTERIfTTOR, in accordance with the plans and specifications therefore, as approved by this Contract. Said final construction contracts snail specify a com- plation date of the NORTH ARh RELIEF INTERCEPTOR. • (b) WAYK shall Lake all steps "including condemnation, if need be, to acquire_ the right of way necessary for the PROJECT TO 1.1.-E FINANCED. (c) WAYNE will require and procure from the contractor or confractors undertaking the actual construction and acquisition of the NORTH ARM: RELIEF INTERCFPTOR, necessary a ,ld propel bond': to guarantee the performance of the contract or contracts, and such iabor and materiai bonds CC may be required by law, 'in such amount, and such forms a5 may be approved by WAYNE. II. The MUNICIPALITIES each hereby agree: (a) To pay their respective proportionate amounts of the local share ot the total coat of the PROJECT TO BE FINANCED in accordance with the percentages shown on Exhibit 'ID", which are as follows: ESTiMATED LOCAL MUNICIPALITY C SHARE AMOUNT Oakland County 63.920 5 907,528 Township of Northville 36.080 534,838 100.000 $178-2,3e6 Itimiediateiy upon receipt of construction bids, the MUNICIPALITIES shall pay to WAYNE such SUMS as are necessary to acquire right of way for the PROJECT TO BE FINANCED in accordance with the above percentages, Wayne shall, to the extent practical, invest the local funds so advanced and 811 in- terest earned thereon shall he credited to the respective muhicipalities in proportion to said pay- ments. (b) To pi,4: Payments not greater than the remainder of the. ESTIMATED LOCAL. SHARE. AMOUNT shown above in ciash to WAYNE wrifilin j5 days of the dE:2fe that the contractor executes a contract for the construction of the NORTH ARM RFT HT INTERCEPTOR in an amount not greater than 74,881,300 as shown on Exhibit B. WAYNE shall notify the MUNICIFALITlES immediately upon execution of the con- struction contract and SLch notification shali include a revised ESTIMATED LOCAL SHARE AMOUNT which shall be calculated by applying the above stated percentages to the local share. of a revised esti- mated total cost of the PROJECT TO BE FINANCED based on actual contract prices after crediting the amounts paid as above f or right of way, Sutject, however, to any increases necessitated by variations which might occur in accordance with PareNim:.h -i(/or (4) supra, Aiso, the MUNICIPALITIES recognize that if any cost is later disallowed by tne grant administering agency and required to be reimbursed, such reimbursement snail be the obliciation if the MUNICIPALITIES in accordance with the percentages set forth in Paragraph ii 6) supra. Further, within 180 days atter Final payment to the contractors, Wayne shall return any surplus funds retnaining to the MUNICiPALITIFS in ncnurrial:;e with thc. percentages set forth in Para- graph 11(a) supra. Thereafter any adjustments required by grant audit. shall he paid or refunded as neceosary by the MUNICIPALITIES or WAYNE. (c) If WAYNE shall be ordered by a Court of Law to make orogress i ,sirents to the con- tractor even when grant payments from federal and state grant agencies are i.:ela ,:ata, if and vthen such a delay in grant payments results in inability of WAYNE to make progress payments to the centractor, WAYNE. shall notify the MUNICIPALITIES of the amount of funds necessary to make such progress payments including any allowable interest required by law, and the MUNICIPALITIES shall advance said amount in the above stated percentages to WAYNE by the date specified by WAYNE. The MUNICIPALITIES shall be reimbursed any amounts so advanced upon receipt of the appropriate grant payments. 12. The MUNICIPALITIES and WAYNE agree: (a) That the design of the PROJECT TO FE FINANCED provides for a capacity of 18.99 cts, designated hereinafter as "CONTINGENCY CAPACITY", which is in excess of the 40-year projected capacity requirements of the MUNICIPALITIES; and (b) That this additional 18.99 of; CONTINGENCY CAPACITY is beino provided at this time because it can be provided at a nominal incremental cost and is eligible for federal grants if utilized by the City of Wixom (Wixom) and the Township of Commerce (Commerce) in Oakland County; Commissioners Minutes Continued. November 17, 198• 395 t() Th-at under th -s itamear, the MUNICI ITIES will pay the cost of and acquire the right to use the CON(INCFNL! CAPACITY, as sbe,,in in Exhibit "C", subject to conditions stated hareinatter. (d) Teat, iitithlo 5 (•.cw oxecntfen of this auitscaltent, she MUNICIPALITIES shall, upon being directed by WANNE, trinris to wivon and Commerce the CONTINGENCY CAPACITY 4hach the MUNICIPALITIES- acquire under thi , ,n .,tm. at in accordance wirn Exhibit E. This will be accomplished upon execution hy Wixom and termmdre ..uwege service agreements with OAKLAND acceptable to WAYNE; there will be no other sub usa of tit- CONTINGENCY CAPACITY without the approval of . WAYNE, OAKLAND, NOVI and the TOWNSHIP and until paymtnt is received by NOVI and/or the TOWNSHIP. (e) •haf ; in the event that the MUNICIPALITIES are required to transfer the right Li se any of the CONTINGENCY CAPACITY acquired under this aarde -ilant, the MUNICIPALITIES oill be re- imbursed for the costs they incarrea in acquiring such COUITOACY CAPAt1TY by payments made uy Wixom and/or Commerce in accordance with the percentage allocations set forth in Exhibit "F". ror purposes of this paragraph, ertsts shaII he defined as the difTarence between the costs set forth in Exhibit O b F per the. TOWNSHiP and NOVI Otis Interest at the. rare of IOR per annum. The interest woo Id accrue crom thc. date that the TOWNSHIP and NOVI make, payment under this contract until such t.Ime as Wixom or Commerce make payment. O. The MUNICIPAL/TIES agree that (a) The right to discharge to the EXISTING INTLACEPTOR or to t.he. NORTH ARM RELIEF INTER-. . . . . _ CEP1OR is now restricted to the specific arataunts of wastewater and rates of fio.:o which she MUNICIPALITIES have. acquired in the interceptors of the Rouge. Volley Sewage Disposal System .nto which the EXISTING INTERCEPTOR and the NORTH ARM RELIEF; INTERCEPTOR will mpw outlet, and that the current EXISTING INTER- CEPTOR and NORTH ARM RELIEF INTERCEPTOR outlet. capacity in the Rouge Valley Sewage Disposal System (as shown in Exhibit OAKLAND f+.00 Cubic Feet per Second 'MASH& 2.60 Cubic Fees Per Second (b) No connection to the NORTH ARM RELIEF INTERCEPTOR shali be made unless and until WAYNE has approved and issueLt a pernit . for such connection and no compontIon for us& in excess of -present oUtlea capacity wiii be permitted untii alternate ar odditionai outlet capacity is provided. (c) WAYNE shall have the authority to require connections to be made to the EXIST/NG INTERCEPTOR or the NORTH ARM REIIEE INTERUTTOR or to require cross connections between the INTER- CEPTORS, as necessary, to optlialee tho efficiency of the centhined interceptor system. A. Ali connections to the sewer improvements herein described, whether such connections are made during construction or aft'..... .-er.ter improvements are placed in operation, shall be made by the MUNICIPALITIES. The actunl costs of such connections shall be paid by such MUNICIPALITY ex- cept to the extent that the costs of such connections are included in the cost of the PROJECT TO BE FINANCED. Ali connections to these facili tio s shall be made only with the approva; of WAYNE in accordance with the requirements of wAYNt., 15. This Contract shall; remain in full force and effect during the period that. the BASIC CONTRACT remains in effect. This Contract may be altered Dr changed by consent of the parties hereto. 16. This Contract shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns. No changes in the jurisdiction over any territory in any MUNICI- PALITY which is a party to this Contract shall in any manner . Impair the obligations of this Contract. In the event ail or any part td territory of any MUNICIPALITY which is a party to this Contract is incorporated as a new city or is annexcd to or becomes a pars of the territory of another MUNICI- PALITY, the MUNICIPALITY into ohich such territory is incorporated or to which such territory is annexed, shall assume the proper proportaonate share of the contractual obiigations set forth herein in accordance with the provisions set forth in rhe BASIC CONTRACT. 17. As previously stated, the parties hereto acknowledge. that WAYNE has no source of funds for this project other than the MUNICIPALITIES, and the parties hereto exoressly agree that WAYNE • shall not be liable for, and the MUNICIPALITIES shell pay, indemnify and save WAYNE. harmless of, from and against all liability of any nature whdtever, regardless of the nature in which liabIiIty may arise, for any and all claims, actions, demands, expenses, damages and 4215 ,.:es of every conceivable kind whatsoever including, but not limited to liability for injuries to or death of persons and damages to or loss of property asserted by or on behalf of any person, firm, corporation or govern- mental authority arising out of, resulting from or in ary way connected with this project; it is the intent of the parties that WAYNE be held harmless by she MUNICIPALITIES from iiability for such claims, actions, demands, expanses, damages and losses however caused or however arising, including, but not iimited to (to the extent not prohibited by law) such claims, actions, demands, expenses, damages and losses even though caused, occasioned or contributed to by the negiigence T sole or con- current, of WAYNE or by negligence for which WAYNE may he held liabfe For this project. In any action or proceeding brought about by reason of any such claim or demand, the MUNICIPALITIES shall also pay, indemnify and save. ItiViYME harmless from and against all costs, fcsaisonable attorneys' fees, and dis- bursemenfs• of any kind or nature incidental to or' incurred in said defense, and will likewise pay all sums required to paid by reason of said cialms, demands, or any of them, in the event it ;s de- termined that there is any liability on the part of WAYNE. Upon the. entry of any final judgment by a court of competent jurisdiction or a final award by an arbitration panel against WAYNE or any claim, action, demand, expense, damage or loss contemplated by this section, and notwithstanding that WAYNE In presence of: TOWNSHIP OF NORTHVILLE upervlsor In presence of: TOWNSHIP CLERK COUNTY OF OAKLAND, MICHIGAN 396 Commissioners Minutes Continued. NoveAber 17, 1983 has not paid the same, the MUNICIPALITICS shall be obiigated to pdy WAYNE, upon written demaed therefor, the amount thereof not nero than sixty (J":0) days after --.:Ttn tharand is wade, In the event that any acLion or p ,,-,-.:d.edind brod9W VANNE ra....an of any such claims or demands, whecr said claims oc demands are gronnale',:s or not, the MUNICIPALITAES shall, upon acien dnd demand from WAYNE, resist acti,..J1 to proceeding on ben6if cC WAYNE, but will not settle. any such action in the prhce:edng without written consent of WAYNE. The MUNICIPALITIES rd-:.00nsibMity under hi section shail he joint and several with all other public corporation:, .d.i:eiLut:nci similar agreements with WAYNE. The parties atz,rea that WAYNE. f->halI require in every construction contract that the con tractor shall provide a comprehension owners liability po]icy naming the County of Wayne, the Town- ship, the City of Novi and the County of Oakland as a named insured in Cr amount not lass than five million dollars ($5,000,000). 18. OAKLAND is a party in this AGREEMENT on behalf of the City of Novi (herein "NOVI"), the City of Wixom (herein "WIXOW1 add the Township of Commerce. (herein "COMMERCE") and it is recog- nized that NOVf, NIXON and COMMERCE have third party rights herein as set forth in the terrra hereof and exhibits hereto. 19, This Contract shall become effective upon approval by the legi ,Jative body of Wayne. and each Local Unit hereto and when dufy executed by the appropriate officer or officers of e.ach Local Unit and Wayne County and Oakland County. This Contract may be executed in several counter- parts. IN WITNESS WHEREOF, the parties hereto have caused this Contract to he executed and delivered by their respective duty authorized officers, ail as of the day and year first above written. In presence of: COUNTY OF WAYNE, M1CH1GAN William Luci;TU7ef Executive Officer (Copy of Exhibits A, 3, C, D and E, and Estimate of Cost on file in County Clerk's 0(.fiee.) Mr. Chairperson, on behalf of the Planning and Building Committee, i move adoption of the foreyoing resolution. PLANNING AND BUILDING COMMITTEE Anne M. Hobart, Chairperson Moved by Hobart supported by Calandro the resolution be adopted. AYES: Lanni, Law, McConnell, McDonald, Moffitt, Moore, Nelson, Page, Perinoff, Price, Wilcox, Aaron, Caiandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83321 By Mr. Lanni IN RE: RATE INCREASES - MUNICIPALITIES DISPCSAt CONTRACTS To the .Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provision' of Public Act 339 of 1919 as amended (the Dog Law); and WHEREAS the An Control Division renders services to local jurisdictions on Purchase of Service Contracts; and WHEREAS the Oakland County Board of Commissioner s by Miscellaneous Resolution •82049, dated February 18, 1582, established a unit price of $4.57 for disposal of snail dead animals and a unit price of $5.05 for live ,mail animals; and WHEREAS the Oakland County Aniiaal Control Division and the Deparimesit of Management and Budget have deter mined through a cost analysis that these fees shouid be increased to a unit price Cummis.sioner-, Minutes Continued. iiIovi.dr.iher 17, 1933 of 35.17 for disposal of smal anials and a unit price of 75,62 for live snail arimais he charged, and 1.1HFI,FAS Phe governpippt. af bf-arid County would recover 100fi: of its: costs for disposal. NOV ii4Ei'ii..tORE BE iT '.ftit the Oakland County Board .C.,C Commissioners (.1c)e here.by esvablish a nn It of $5.i7 for of small dead aniiilais and a unit price. pf .5.62 for live small animal: chi ii.ied to municifiiiiitie purchasing Service Contracts with the OokIand County An -III-Jai Cant:,:l Mr, Chairperson, on behalf pit- thr, Public StA-ViCT Comittae, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE James E, Larin;, Chaipperson Copy of Animal Care Center Di ,Tosal Agreement on 1-ile in County Clerk's Office. Moved by Lanni supported by Susan Kohn the resolution be. adopted. AYES: Law, McConnell, Moffitt, Nelson, Page, Perinoff, Price, Wilcox, Aaron, Calandra, Doyon, Foley, Fortino, Gosiing. Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni. (45) NAYS: Moore. (1) A sufficient majority Having voted therefor, the resolution was adopted. Misc. 83328 By Mr. Lanni IN RE: RATE INCREASES MUNICIPALITIES ANIMAL CONTROL SERVICES AND DISPOSAL CONTRACTS To the Oakland County Board of. Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of Public Act 339 ot 1919 as amended (the Dog Law); and WHEREAS the Animal Control Division renders services to local jurisdictions on Purchase of Service Contracts, and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution R82048, dated February i8, 1982, estohlished a unit price of $4.5 17 for disposal of smell dead animals, a unit price of 55 05 for disposal of live small animais, ond a unit price of 51.06 per day for board and care be charge.d; and WHEREAS the Oakland County Animal Control Division and the Department of Management and Budget have determined through a cost analysis that these fees should be increased to a unit price • of $5.17 for disposal of smol3 0,?..d animals, a unit. price of $5.62 for live small animals and a unit price of 37.57 per day fear board and (c..,re be charqed; nd WHEREAS the government ol Oakland County would recover 100 1:-. of its costs fur disposal, board and care. NOW THEREFORE BE 11 RESOLVED that the Oakland County Board of Commissioners does hereby establish a unit price of $5.17 for disposal of small dead animals, a unit price of S5.62 for live small animals, and a unit price. of 37.57 per day for board and care be charged to municipalities purchasing Service Contracts with the Oakland County Animal Control Division. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE James E. Lanni, Chairperson Copy of Animal Care Center Services and Disposal Agreement on file in County Clerk's Office Moved by Lanni supported by Moffitt the resolution be adopted. AYES: McConnell, Moffitt, Nelson, Page, Perinoff, Wilcox, Aaron, Calandro, Doyon, Foley, Fortino, Gosling, Hobert, Jaclson, R. Kuhn, S. Kuhn, Lanni, Law. (18) NAYS: Moore, Price. (2) A sufficient majority having voted therefor, the resolution be adopted. Misc. 83329 By Mr. Lanni IN RE: EMS TELEPHONE TELEMETRY INPUT SYSTEM MODIFICATION To the Oakland County Board- or Commissioners Mr. Chairperson, Ladies arid Gentfemen7 WHEREAS the Oakland County Board of Commissioners authorized the implementation and operation of an Oakland County CMS Communications Network consistent with State. law (Miscellaneous Resolutions 8421, 9403, 81239, and 82146); and WHEREAS the EMS Communications Network includes a telephone telemetry input system designed 397 398 Commissioners Minutes Continued. Wrivegli)er 17, 1983 to allow field paramedics ,o use a lo•ephore Instrument to 'vu 1. ma and send telemetry information to an Oakland County fospitaf radio console to medical direction through the Oakland County EMS Communications Coordination ("0"COM) iIentor; and WHEREAS State law mandates a telephone telemetry input system to be able to break in and talk to both the. field paramedic agd tho hospital; and WHEREAS the current telephone to input system at "0"COM does not have the man- dated capability; and WHEREAS the Oakland County Council for fmernency Medical Services (OAKEMS) has reviewed and unanimously recommends to the Boo vi of Commissioners ro approve the telephone telemetry iripe system modifications which will comply with state mandates, consistent with the attached budget. and program summary. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the expenditure of S8,708.00, funds available in the EMS and Disaster Control Division's 1983 Budget, consistent with the attached budget and program summary. BE IT FURTHER RESOLVED that written quarterly progress reports be presented to the PUblic Services Committee by the Manager of the Medical Services and Disaster Control Division, and to the balance of the members of the Board of Commissioners. Mr. Chairperson, on behalf of the Public Services Committee, 1 move the adoption of the foregoing resolution. puaLc. SERVICES COMMiTTEE James E. Lanni, Chairperson Moved by Lanni supported by Richard Kuhn the resolution be adopted. The Chairperson referred the resolution to the Finance. Committee. There were no objections. The Chairperson. vacated the Chair. Vice Chairperson . Lillian V. Moffitt took the Chair. Misc. 83330 By Mr. Lanni IN RE: 1984 COOPERATIVE REIMBURSEMENT GRANT AFPLKAT1ON - FRI-END OF THE COURT To the flatland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Public Services Committee has reviewed the 1984 Cooperative Reimbursement Grant Application - Friend of the Court; and WHEREAS this is the thirteenth year of a continuing grant; and WHEREAS total funding for the 1984 grant is $1 ;689,453, of which $460,994 (277) would be the County portion and $1,228,459 (2310 would be State funded, consistent with the attached schedule; and WHEREAS the Public Services Committee recommends iii topof so id appiication. NOW THEREFORE 3E IT RESOLVE) that the Oakland County Board of Commissioners approves the filing of the Cooperative Reimbursement Grant Applicatior - Friend of the Court. The Public Services Committee, by James E. Lanni, Chairperson, moves the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE James E. Lanni, Chairperson REPORT TO THE PUBLIC SERVICES COMMITTEE By Finance Committee IN RE: 1984 COOPERATIVE REIMBORSEMEN7 PROGRAM APPLtCAT1ON CRFEND OF THE COURT The Finance Committee has reviewed the 1984 Cooperative Reimbursement Program Application - Friend of the Court and finds: 1) This is the thirteenth year of a continuing grant under the. Social Security Act Title IV for the purpose of enforcement of child support payments in ADC cases, 2) This grant covers the period January 1, 1984 through December 31, 1984, 3) The total program request is $1,689,453, which is $160,764 or more than the 1983 program. Included in the $160,764 difference is a $111,374 increase in salaries; a $32,272 increase in Fringe Benefits; a $7,732 increase in indirect costs; and a $9,386 increase in operating costs, 4) Of the $1,689,453 requested, $1,228,459 or 73? would be State funds and $460,994 or 27% would be County funds; consisting of $320,133 in salaries and fringe benefits, $107,035 in soft match contribution to the program, and $33,826 in operating costs representing the County cash contribution. A complete cost breakdown is provided in the attached schedule. Mr. Chairperson, on behalf if the Finance Committee, I recommend acceptance of the fore- going report and referral of the information contained therein to the Public Services Committee in accordance with Miscellaneous Resolution #8145, revised Federal and State Grant Application Procedures. FINANCE COMMITTEE. G. William Caddell, Chairperson Commissioners Minutes Continued. November 17, 1983 399 Copy of Cost Breekde,an on file in County Clerk's Office. Moved by 1.prni supported by Calandro the resolutionbe adopted. AYES: McDonald, Moffitt, Moore, Nelson, Page, Perinoff, Price, Aaron, Calandra, Doyon, Foley, Fortino, Gosling, Hobert, Jackson, R. Kuhn, S. Kuhn, Lanni, Law. (19) NAYS: None_ (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT TO PUBLIC SERVICES COMMITTEE By Finance Committee IN RE: 1984 COOPERATIVE REIMBURSEMENT PROGRAM APPLICATION - PROSECUTOR'S OFFICE The Finance Committee has reviewed the 1984 Cooperative Reimbursement Program Application and finds: 1) This is the twelfth year of a continuing grant for the purpose of establishing paternity for children receiving ADC, and investigating and prosecuting casesof fraud directly related to child support, 2) This grant covers a period January I, 1984 through December 31, 1984, . . 3) The total program request is $571,032, or $28,854 or 5.3% more than the 1983 program. Included in the $28,854 difference are increases: $23,210, Salaries and Fringe Benefit costs; $1,237 indirect -costs; and $4,407 Operating costs, 4) Of the $571,032 requested, $484,780 or 85% would be State funds and $86,252 or 15% will be County costs, 5) Application or acceptance of this grant does not obligate the County beyond the Grant period. A complete cost breakdown. is .provitled. In the attached sthedule. Mr. Chairperson, on behalf of the Finance Committee, I recommend acceptance of the fore- going report and referral of the information contained therein to the Public Services Committee in accordance with Miscellaneous Resolution 1/8145, revised Federal and State Grant application pro- cedures. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of cost breakdown on file in County Clerk's Office. Misc. 83331 By Mr. Lanni IN RE: 1984 COOPERATIVE REIMBURSEMENT GRANT APPLICATION - PROSECUTOR To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Public Services Committee has reviewed the 1984 Cooperative Reimbursement Grant Application - Prosecutor; and WHEREAS this is the twelfth year of a continuing grant; and WHEREAS this grant covers the period of January 1, 1984 through December 31, 1984; and WHEREAS total funding for the 1984 grant is $571,032, of which $484,780 (85%) would be State funded and $86,252 (15%) would he County funded. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the 1984 Cooperative Reimbursement Grant Application - Prosecutor in the amount of $571,032. Mr. Chairperson, on behalf of the Public Services Committee, I recommend the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE James E. Lanni, Chairperson Moved by Lanni supported by Nelson the resolution be adopted. AYES: Moffitt, Moore, Nelson, Page, Perinoff, Price, Calandro, Ebyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald. (19) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT TO THE PUBLIC SERVICES COMMITTEE By Finance Committee IN RE: SHERIFF'S 1984 MARINE SAFETY PROGRAM REIMBURSEMENT APPLICATION The Finance Committee has reviewed the Sheriff's 1984 Marine Safety Program Reimbursement Application and finds: 1) This is the seventeenth year of this program which provides for the instruction of potential users of Marine Equipment as to safe operation, as well as the laws governing the same. 400 Commissioners Minutes Continued. November 11, l983 In addition, the Marine Program provides for the enforcement of Marine regulations on the County's lakes and recovery of drowning victims, 2) This progra'' covers a period of January i, 1984 through December 31, 1984, 3) lotal program costs are anticipated to be 5273,351. of which 5182,325 or 2/3 would be. State. reimbursement and 591,026 or i/3 would he County funded, consistent with the attached schedule 4)Application or acceptance does not obligate the County to any specific funding level though the 2/3 State portion cannot be increased, 5) the Marine. Safety Program is treated as a General Fund appropriation and is subject to the Board of Commissioner's budget review. A complete cost breakdown is provided in the attached schedule, Mr. Chairperson, on behalf of the Finance Corset ttee I move the acceptance of the. fore- going report, and referral of the information contained therein to the Public. Services Committee, in accordance with Miscellaneous Resolution d8145, revised Federal and State Grants Application Procedures. FINANCE COMMITTEE S. William Caddell, Chairperson Copy of Cost Breakdown on file im the County Clerk's Office. Misc. 83332. • By Mr. Lanni IN REi SHERIFF'S 1984 MARINE SAFETY PROGRAM REIMBURSEMENT APPLICATION JANUARY 1, 1984 - DECEMBER 31, 1984 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gehtlern! 'WHEREAS the Public Services Committee has reviewed the Sherlff4 s-1984—Marine -Safety -Program Reimbursement Application; and WHEREAS this is the seventeenth year of said Program; and WHEREAS this Program covers a period of January 1, 1984 through December 31, 1984; and WHEREAS total Program costs are anticipatd to be $273,351, of which $182,325 or 2/3 would be State reimbursement and $91,026 or 1/3 would he County funded. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the 1984 Marine Safety program Reimbursement Appiication. Mr. Chairperson, on behalf of the Public Services Committee, 1 recommend the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE James E. Lanni, Chairperson Moved by Lanni supported by Aaron the resolution be adopted. • AYES: Moore, Nelson, Page, Perinoff, Aaron, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt. (19) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT By Public Services Committee IN RE: MISCELLANEOUS RESOLUTION #83273 - REVISION TO LYON TOWNSHIP SHERIFF PATROL AGREEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; The Public Services Committee having reviewed Miscellaneous Resolution #83273, Revision to Lyon Township Sheriff Patrol Agreement, reports with the recommendation that said resolution be adopted. Mr. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. . PUBLIC SERVICES COMMITTEE James E. Lanni, Chairperson REPORT By Planning and Building Committee IN RE: RESOLUTION #83273, REVISION TO LYON TOWNSHIP SHERIFF PATROL AGREEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; The Planning and Building Committee, having reviewed Resolution #83273, reports with the recommendation that this resolution be adopted. 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 401 Commissioners Minutes Continued: November 17, 1983 Misc. 27,3 By Mr. Calandro IN RE: REV1SiON TO i-Cd TOWNSkIE $MfR1RF PATROL. AGREEMENT To the Oakland thirty tit.“-d of Ci:ii-iss'oners Mr. Chairperson, LadiLs and Centieen: WHEREAS it is the policy nf the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into patrolling contracts with the townships for the purpose of providing patrol services; and WHEREAS Miscellaneous Resolution 282002 establishes such a contract with the Township of Lyon; and WHEREAS the cost breakdown of such services inciudes an operating expense of 33( per mile in the 082 contract year and ',".6c per mile in the :983 contract year for transportation; and WHEREAS the estimated annual transportation cost per officer is 57,260 in 1982 and $7,920 in 1983, of which $2,640 per officer is allocated directly for fuel costs; and WHEREAS current procedures for fueling require that the patrol cars utilized in the Township of Lyon be absent from the patrol areas for 1.5 hours per dayin order to fuel at the county designated facility in Milford Township; and WHEREAS this situation has created hardships to the citizens of the Township of Lyon by reducing the patrol hours available in the township for patrol and for which they have con- tracted. NOW THEREFORE BE IT RESOLVES that the Oakland County Board of Commissioners establishes a fueling site within the Township of Lyon, BE IT FURTHER RESOLVED that the estimated installation costs of $19,620 be shared by the County and the Township with the costs being allocated as follows: $10,058 by the County for the "Sashay' fueling system, $ 9,450 by the Township for the storage tank and installation. ... BE IT FURTHER RESOLVED that the fueling; equipment will be leased to the Township of Lyon for the sum of Si per year for the duration of the patrol agreement and that subsequent patrol agreements shall contain the same provision. Mr. Chairperson, 1 move the adoption of the foregoing resolution. John P. Calandra, Commissioner District 24 FISCAL NOTE By Dr. Caddell IN RE: MISCELLANEOUS RESOLUTION $83273 - REVISION TO LYON TOWNSHIP SHERIFF PATROL AGREEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution 78327$ and finds: 1) Estimated installation costs of a fueling station within the Township of Lyon is $19,620, 2) The costs to be shared as follows: - $10,058 by the County for the "Gasboy" Fueling System - $ 9,550 by the Township of Lyon for the Storage Tank and Installation 3) The County portion of the estimated costs is S10,058, said funds available in the 1983 Contingency line-item to be transferred to the Garage Fund as follows; 917-02-00-9917 Transfer to Garage $10,058 990-02-00-9990 Contingency (10,058) 5,2_0 - 4) This action may generate additional requests by other Townships contracting for Patrol services for a fueling station and any requests are to be referred to the Planning and Building Committee for a recommendation, FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Lanni supported by Aaron the Public Services Report be accepted. A sufficient majority having voted therefor, the motion carried. Moved by Lanni supported by McConnell the Planning and Building Report be accepted. A sufficient majority havng voted therefor, the motion carried. Moved by Lanni supported by Calandra the resolution with Fiscal Note attached, be adopted. AYES: Nelson, Paige, Perinoff, Price, Aaron, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt, Moore. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution with Fiscal Note attached, was adopted. 402 Commissioners Minutes Continued. November 17, 1985 Moved by Page supported by Nelson Lh3t A Public Hearihq on the 1984 Budget be held at 8:00 p.m. on Decembet 8, 1985. A sufficient majority having voted thexttfor, the motion carried. Misc. 83333 By Mr. Page IN RE: ADDITIONAL APPROPMATiON - QUADRANT MAPS - PLANNING D1V1SiON To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Planning Division prints Quadrant maps of Onkinnd County every two years; and WHEREAS the Planning Division's 1983 Budget included funds for printing 50,000 Quadrant maps; and WHEREAS the current suoply of maps have been exhausted and several thousand requests are presently outstanding and lib, demand for those maps is anticipated to continue throughout 1984; and WHEREAS it is neceoisary to print additional maps and that sufficient funds he appro- priated to cover said expense. NOW THEREFORE BE Fl RESOLVED that pursuant to Rule XI-C of this Board, the Finance Committee finds: 1) That the cost of printing an additional 50,000 quadrant maps is $19,900, said funds available in the 1983 Contingency Account: 2) The Board of Commissioners npprodriates $19,900 from the 1983 Contingency Account and transfers said amount to the 1983 Planning Division as follows; 990-02-00-9990 Contingency “.19,900) 145-01-00-3582 Printing $ 19,900 $ - 0 - FiNANCE COMMITTEE Robert. W. Page, Vice Chairperson Moved by Page supported by Oelson the resolution be adopted. AYES: Page, Perinoff, Price, Wide ..;, Calandra, Doyen, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, MofHn, Moore, Nelson. (18) NAYS: Aaron, Folet,i, Fortino. (5) A sufficient majority having voted therefor, the resolution was adopted. Misc. 83334 By Mr. Page IN RE: AWARD OF CONTRACT FOR TORNADO WARNING SYSTEM EQUIPMENT To the Oakland County Board of Commissioner; Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution 883196 of July 14, 1983, the Board of Commissionors authorized the County Executive's Department of Central Services to recelve bids for Tornado Warning System Equipment; and WHEREAS in accordance with bidding procedures established by this Board, bids were received and opened September 7, 1983; and WHEREAS the County Executive's Department of Central Services has reviewed all bids sub- mitted and recommends the lowest responsible bidder, Time Electronics of Auburn Heights, Michigan, total cost of obtaining equipment in the amount of 04,910.25; and WHEREAS tundiag for the Tornado Warning System Equipment is provided in the 1983 Capital Improvement Program, NOW THEREFORE BE IT RESOLVED as follows: 1) That the contract proposal of Time Electronics of Auburn Heights, Michigan, in the amount of $14,910.25 be accepted and the contract awarded in concurrence with the Planning and Building Committee. recommendations, 2) That funds be provided is tho amount of $14,910:25 to cover the total project cost, 5) That the Chairperson of the Board of Commissioners be and hereby is authorized and directed to execute a contract with Time Electronics of Auburn Heights, Michigan on behalf of the County of Oakland, 4) That this award shall not be effective until the awardec has been notified in writing by the County Executive's Department of Central Services, Faciiities Maintenance Division, 5) That pursuant to Rule Xi -C of this Board, the Finance Committee finds $14,910.25 available in the 1983 Capital Improvement Program - Bidding Fund - Miscellaneous Remodeling Account. Mr. Chairperson, on behalf of the Finance Committee, and with the concurrence of the Planning and Building Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Robert 11. Page, Vice. Chairperson Commissioners Minutes Continued. Nevember 17, '983 Moved hy Page supported by Hobart tme resoletlen be adopted. AYES: 'Tn. :left'. Price, Wlicox„ A..•reg, Loiandro, Doyou, Foley, Gosling, Pot:art, Jackson, B. Kuhn, S. Kuhe, Lanni, Law, McConnell, McDonald, Moffitt, Moore, Nelson, Rene. (20) NAYS: Fortine. (i) A sufficient major1ty having voted therefor, the resolution was adopted. Misc. 83335 By Mr. Page IN ME: RELEASE OF FUNDS FOR cOMPtTER OPERATION - MOHAN SERVICES AGENCY To the Oakland County Board of Conin1ssienere Mr. Chairperson, Ladies and Centlein: WHEREAS Misceilaneoes lCasoiution authorized three (3) Phases for computer operation design and implementation within ine Human Services Agency at a cost of $45,000 per phase; and WHEREAS the first phase funds havr expended and the Human Services Agency is requesting the. release of the second phase appropriation; and WHEREAS Miscellaneous Resolution 82365, adopted on De-CeMber 2, 1982, the 1983 Budget and General Appropriations Act stiistiiated Board approve) prior to the release of S45,000 for the 2nd phase computer operations aIlecatit,i c the Human Services Agency, • NOW THEREFORE BE IT BESI:E_VED the Beard of Commissioners authorizes the release of $45,000 designated in the 1983 Human Services Agency Budget for 2nd phase computer operations. Br. Chairperson, on Pena1f of the Finance. Committee, I move the adoption of the foregoing resolution. FiNANCE COMMITTEE Robeed. W. Page, Vice. Chairperson Moved by Page supported by Jackson the resolution be adopted. AYES: Price, Wilcox, Aaron, CalTridro, Doyon, Foley, Fortino, Gosling, Jackson, R. Kohn, S. Kuhn, Law, McConuell, McDonald, Moffitt, Moore, Page, PeTinoff. (18) NAYS: tenni, Nelson, (2) A sufficient ma;ority having voted therefor, the resolution Was adopted. Misc. 83336 By Mr. Page IN RE; FRIEND OF THE COURT INCENTIVE PAYMENT PROGRAM CF.-RIM-CATION TO the Oakland County Board of. Commissioners Mr. Chairperson, Ladies and Centlemeni WHEREAS Miscellaneous Resolution ,I832/9, in compliance with Act 297, Public Act 3982, established a Friend of the Court Fund; and WHEREAS Public Act Ho. 298 of 1982, effective July 1, 1983, amended the Social Welfare Act, including- the- establishment of a Friend or the Court incentive payment program for ADC related child support collections; and WHEREAS tinder the incentive program, an amount equal to 393 of support collections submitted to and retained by the State. of Michigan will be remitted to the County Treasurer for deposit in the Friend of the Court Fund; and WHEREAS to qualify for incentive payments, the County Board of Congdssioners must certify that appropriations Ctor the County General Fund ,H 11 be made to the Friend of the Court Fund in ac- cordance with Section 2530 of the revised Judicature Act of 161, Aet 236, Public Act 1961; and WHEREAS the Friend of the Court Budget, including the Al stony Accounting Unit of the De- partment of Management and Buddet Accounting Division, for year coding Deoemher 31, 1982, amounting to 52,753,353, shall be the base of Oakleind County's annual maintenance of effort towards this fund as indicated on preliminary reports to the State. NOW THEREFORE 6E 11• RESOLVED that the Friend of the Court budget, including the Alimony Accounting Unit tiE the Department of Mdndgement and Budget Accounting Division, for year ending December 31, 1582, amounting to 52,753,353, be established as the County's base participation in said fund and that any increases to said fund be mode op to the extent additional revenues as allowed are available. BE IT FURTHER RESOLVED that the final 1984 Budget reflect such change; and BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Beard of Commissioners is hereby authorized to sign and submir proper certifications to this effect to the State Department of Social Services, Office of Child Support. Mr. Chairperson, on bahaH of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Robert W. Page, V1ce Chairperson 403 • 404 Commissioners Minutes Continued. November 11, 1983 Moved by Page supported by Calandra the resolution be adopted, AYES: Wilcox, Apron, Colanero, Doyori, Foley, Fortino, Gosling, Hobart, Jackson, P. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt, Moore, Nelsen, Page, Perinoff, Price, (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. • Moved by Page supported by Moore the rules be suspended for consideration of the resolution "1983 Report on Local Taxes", AYES: Aaron, Galandre, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, P. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt, Moore, Page, Perinoff, Price, Wilcox, (20) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. Misc. 83337 By Mr. Page IN RE: 1983 REPORT OM LOCAL TAXES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS your Finance Committee an Local Taxes has examined reports from the Township of Royal Oak having taxes to be spread upon the County Tax Roll, and has checked ttiesr reports with • the pertinent law (Section 37 General Property Tax Laws), and has caused corrections to be made where necessary; and WHEREAS your Committee has prepared a tax certificate showing the certified rates, as adjusted by Section 211.24E, 211.34 and all .340 of the General Property Tax Laws, authorized to - spread against State Equalized Valuations, which certificate, having deleted therefrom the requests to spread 7 mills for Police Protection and 7 mills for Fire Protection in that the defect in raising such taxes cannot be corrected, is submitted herewith and which is the basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners authorize that the certificate be corrected. NOW THEREFORE BF IT RESOLVED that the Finance Committee deletes 7 mills for Police Pro- tection and 7 mills for Fire Protection from this certificates BE IT FURTHER RESOLVED that this Board adopt the attached corrected certificate from the Finance Committee with the recommendation herein contained as part of the permanent records of the Board. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes and directs the. assessing • officer to spread the rates against the State Equalized Valuation set forth herein for 1983 on the corrected certificate. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. • FINANCE COMMITTEE Robert W. Page, Vice Chairperson Copy of corrected certificate on file in County Clerk's Office, Moved by Page supported by Nelson the resolution be adopted. Moved by Aaron supported by Moore the resolution be amended by deleting "NOW THEREFORE BE . IT RESOLVED that the Finance Committee deletes the 7 mills for Police. Protection and 7 mills for Fire Protection from this certificate," Discussion followed, Vote on amendment: - AYES: Doyon, Foley, R. Kuhn, Moore, Perinoff, Price, Aaron. (7) NAYS: CaIandro, Fortino, Gosling, Hobart, Jackson, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt, Nelson, Page, Wilcox. (14) A sufficient majority not hofing voted therefor, the amendment failed. Vote on resolution: • AYES: Doyon, Foley, Fortino, Gosling, Hobart, Jackson, S. Kuhn, Lanni, Law, McConnell, McDonald, Moffitt, Moore, Nelson, Page, Perinoff, Price, Wilcox, Aaron, Calandro. (20) NAYS: R. Kuhn. (I) Commissioners Minutes Continued. November 17, 1983 405 A sufficient majoriy hayin9 voted therefor, the resolution was adopted. The Chairnorson stated the next meeting of the Board will be held at 730 p.m. on December 8, 1983, The Board adjourned at 11:40 a.m, Lynn D. Alien Richard R, Wilcox Clerk Chairperson