HomeMy WebLinkAboutMinutes - 1980.08.14 - 7382272
OAKLAND COUNTY
Board Of Commissioners
MEETING
August 14, 1980
, Meeting called to order by Chairperson Wallace F, Gabler, Jr., at 11:00 A.M. in the Court
House AUditOrium', 1200 North Telegraph Road, Pontiac, Michigan 48053.
Invocation given by Alexander C. Perinoff.
Pledge of Allegiance to the Flag.
Roll called:
PRESENT; Apron, Caddell., DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart,•
Kasper, Kelly, McDonald, Moffitt,'Montante, Moore, Moxley, Muephy, Page, Patterson, Perinolf, Pernick,
Peterson, Price, Roth, Wilcox, (25)
ABSENT: HOot, Lewand. (2) -
Quorum present.
Moved by Patterson supported by Hontante the minutes of the previous meeting be approved
as printed.
AYES: Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Roth, Wilcox, Aaron,
Caddell, DiGioVanni„ DOY6h, Danaskiss, Fortino, Gabler -, Gorsline, Hobart, - Kasper, Kelly, McDonald,
Moffitt, Montante. (23)
NAYS: None. (0)
A sufficient majority having Voted therefor; the motion carried.
Moved by Hobart supported by Peterson the agenda be amended by adding the following:
PUBLIC SERVICES COMMITTEE
Approval, of Jail Study Concept Papers
Cooperative Reimbursement Grants for the Friend of the Court and the Prosecutor's Office
Redistribution of CETA Funds in Title 11-D and VI
GENERAL GOVERNMENT COMMITTEE
Cable Television Consultant Contract
A sufficient majority having Voted therefor, the motion carried.
The Chairpersoh made the following statement:
"At this time a public hearing is called on the ARTICLES OF INCORPORATION FOR THE ECONOMIC
DEVELOPMENT CORPORATION and APPROVAL OF THE BYLAWS AND APPOINTMENT OF DIRECTORS FOR THE ECONOMIC
DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND. Legal Notice of the Hearing was published in the
Daily Tribune on July 26, 1980.
The Chairperson asked if any persons wished to speak.
No perSonS requested to be heard and the Public Hearing was declared closed.
Misc. 9500
By Mr. PatterSon
IN RE: ARTICLE;; OF INCORPORATION FOR THE ECONOMIC DEVELOPMEff CORPORATION
To the Oakland County Board Of ComMiSsieners
Mr, ChairPerSOn, Ladies and Gentlemen;
WHEREAS this Board of Commissioners ha S received an application fOr permission to in-
corporate the economic development corporation for the County of Oakland; pursuant to the Economic
Development Corporations Act, Act :Oa, Public Acts Of 1974, as amended, and was requested, and has
given public notice thereof, has invited competing applications, and has held a public hearing
thereon;
NOW THEREFORE GE IT RESOLVED bythe Oakland County Board of Commissioners that:
1. The aPpliCatiOnof Kenneth Rogers, Ear; A, Kreps en4 James D. Taylor, dated March 26,
1979, i=or'permiSsien to incorporate the ecenoMiC development cerporation for the County of Oakland,
273
Commissioners Minutes Continued. August 14, 1980
Michigan, pursuant to Act 338, Public : Acts of 1974, as amended, is hereby approved.
2. The corporation shall be known as "The EtbnoMic DeVeloOMent Corporatien of the
County of Oakland'.
3. The following Articles of Incorporation of The Economic Development Corporation of
the County of Oakland are hereby approved: ;
ARTICLES OF INCORPORATION
OF
THE ECONOMIC DEVELOPMENT CORPORATION
OF THE COUNTY OF OAKLAND ;
A PUBLIC CORPORATION
The Articles of Incorporation are signed and acknowledged in duplicate by the incorpora-
tors for the purpoSe of forming a public economic development corporation pursuant to the pre-
visions of Act No. 338 of the Public Acts of 1974; as amended,
ARTICLE 1 NAME
The name of the etohemiC development corporation is THE ECONOMIC DEVELOPMENT CORPORATION
OF THE COUNTY OF OAKLAND ("Corporation").
ARTICLE 11 PURPOSE
The Corporation is organized and incorporated as authbei2ed by and pursuant to Act No. 338
of the Public Acts of 1974, as amended ("Act"). The purpose for which the Corporation is created
is to perform essential public purposes as an economic develophehi corporation in accordance with
the Act, as the Act may be amended from time to time, including particularly: to alleviate and
prevent conditions of unemployment; to assist and retain local industries and commercial enterprises
to strengthen and revitalize the economy of the County of Oakland And of the State of Michigan; to
provide means and methatIS for the encouragement and assistant& Of industrial and commercial enter-
prises in locating, purchasing, constrdetihg, reconstructing, modernizing, improving, Maintaihing,
repairing, furnishing, equipping, and expanding in the County of Oakland.; te encourage the location
and expansion of commercial enterprises to provide needed services and facilities of the commercial
enterprises more conveniently to the County of Oakland and the residents thereof.
ARTICLE III POWERS
The Corporation shalt be a body corporate with powers to sue and be sued in any court of
the State of Michigan. In furtherance of its purpose the Corporation shall have all of the powers
which are new or may hereafter be conferred on corporations organized pursuant to the Act and
future amendments to the Act, including all powers necessary to tarry Out the purpose of its in-
coeporatioh and all powers incident thereto; and including but net liMited to the following powers
to:
a. construct, acquire by gift or purchase, reconstruct, improve, maintain, or repair
Projects (as the Word "project" is defined ih the Act) and acquire the necessary lands for the
site therefor;
b. acquire by gift or purchase the necessary machinery, furnishings, and equipment for
a Projett;
c. borrow money and issue its revenue bonds or revenue notes tb finance part or all of
the cost of the acquisition, purchase, conStruction, reconstruction., or improvement of a Project
or .an Y part thereof, the Gest Of the 'acquisition And improvement of the necessary sites therefor,
the acquisition of machinery, furnishings, and equipment therefor, and the costs _necessary or
incidental to the borrowing of money and issuing Of bonds or notes for such purposes;
d. enter into leases, lease purchase agreemehtt, or installment sales contracts with
any person, firm or corporation for the 00 or sale of a Project;
e. mortgage a Project in faVoe'Of any lender of i .100e'r to the Corporation;
f. sell and Convey a Project or any part thereof for a price and at a time as the
Corporation determines; and
5. lend, grant, trah .sfe,r, or convey funds as permitted by law, but subject to applicable
restrictions affecting the use Of such fuhds,
ARTICLE 1V BOARD OF DIRECTORS
SECTION 1. Directors. The Board Of Directors Of the Corporation shall consist of not
less than nine (9) persons, not More than three (3) of whoM shall he On officer or employeo of the
County of Oakland. The County Ekecutive "and ahy member of the County' Board of COMMistionees may
serve on the Board of Directors, The Directors shall be appointed by the Count)? Executive, with
the advice and cOhSent of the County Board Of COMMiSsiontrs, as provided ih the Att. The Directors
shall be appointed for terms of six (6) years, except of the Directors firSt appointed, four (4)
shall be appointed for six (6) years, one (1) for five (5) years, one (1) for four (4) years, one
(1) for three (3) yeaes, one (1) for two (2) -years and One (I) for one (1) year
SECTION 2. Additional Directors. Pt-Or-Getty after the Corporation notifies the County
Executive in writing, the County ExecutiVe with the adVice and consent of the County Board of
Commissioners shall appoint two additional Directors to the Board of Directors of the Corpora-
tion who shall serve Only in respect to that Project and shall be representative of neighborhood
residents and business interests likely to be affected by the Project proposed by the Corporation.
Each of said additional Directors Shall serve as Oh-Otters of the Corporation until the project for
which they are appointed is either abandoned Or, if dhdertaken, is completed in aCCOrdanCe with
the project plan, at which time each such Director shall cease to serve.
SECTION 3. Public Meetins-. The Meetings of the Board of Directors shall be public.
SECTION 4. Reappointment, VatahtY. A Director i whose tern' of office has expired shall
Commissioners Minutes Continued. August 14, 1980 274
continue to hold office until his or her successor has been appointed with the advice and consent
Of the County Board of Commissioners. A Directer may be reappointed with the advice and consent of
the County Board of Commissioners to serve additional terms. If a vacancy is created by death or
resignation or removal by operation of law, a successor shall be appointed with the advice and
consent of the County Board of commissioners within thirty (30) days to hold office for the
remainder of the term of office so vacated.
SECTION 5. Removal. A Director may be removed from office for cause after a hearing by
a majority vote-of the County Board of Commissioners.
ARTICLE V -- OFFICERS
SECTION 1. The Board of Directors of the Corporation, by an affirmative vote of a
majority of its members shall elect as the Officers of the CorPeration, a -Chairperson, a Vice Chair-
person and a Secretary. The office of the Treasurer of the Corporation shall be the duly elected
and acting Treasurer of the County of Oakland. The officers, with the exception of the Treasurer
shalt be elected annually by the Board of Directors at its annual meeting and shall hold office for
a term Of one (1) year and thereafter until his or her successor is elected and qualified, or until
death, resignation or removal, provided that the first officers shall be elected at the first
meeting of the Board of Directors. The officers shall be sworn to the faithful discharge of their
duties.
SECTION 2. Chairperson: The Chairperson shall be the chief executive officer of the
Corporation. The Chairperson Shall preside at all meetings of the Directors, shall have general
and active management of the business of the Corporation, and shall see that all orders and
resolutions Of the Board are carried inte effect. The Chairperson may execute with the Secretary
or any other proper officer authorized by the Board of Directors, all bonds, notes, Mortgages,
conveyances and other instruments which the Board of Directors has authorized to be executed, except
in cases where the signing and execution thereof shall be expressly delegated by the Board of
Directors, by these Artieles, by the Bylaws Of the Corporation or by Statute to some other officer
or agent of the Corporation. He or she shall be ex-officio a member of all standing committees,
and shall have and exercise such other authority aS iS specifically granted from time to time by
the Board,
SECTION 3: Vice Chairperson: The Vice Chairperson shall perform such duties as are
delegated to him or her or by the Chairperson and shall, in the absence or in the event of the
disability of the Chairperson, perform the duties and exercise the powers of the Chairperson. The
Vice ChairperSen Shall perform such Other duties as the Board of Directors shall prescribe.
SECTION 4. Secretary. The Secretary shall be the recording officer of the Corporation,
and shall attend all meetings of the Beard, record all votes and the minutes of all proceedings
in a book to be kept for that purpose and shall perform like duties for the standing committees
when required. The Secretary shall give, or cause to be given, notice of all Meetings of the Board
of Oirecters, and shall perform Such other duties as may be prescribed by the Board of Directors.
The Secretary shall keep in safe custody the seal of the Corporation,. and when authorized by the
Board, affix the same to any insteument.requiring it, and when so affixed it shall be attested by
his or her signature or by the signature of the Treasurer.
SECTION 5. Treasurer. The Treasurer shall have custody of the corporate funds and
securities and shall keep full and accurate accounts of receipts and disbursements and shall deposit
all moneys, and other valuable effects in the name and to the credit of the Corporation In such
depositories as may be 'designated by' the Board of Directors. The Treasurer shall disburse the
funds of the 'Corporation as may be ordered by the Board. The Treasurer shall perform all acts
incidental to the position of the Treasurer as assigned to the Treasurer feoM time to time by the
Board of Directors. The Treasurer shall give the Corporation a bond, if required by the Board,
for the faithfurperforMance of the dutieS of his office, the premium to be paid by the Corporation.
The Corporation shall reimburse the County of Oakland the actual costs for the services performed
by the Treasurer.
SECTION 6. Removal. An officer may he removed by an affirmative vote of a majority of
the Directors e With or wIthieut. cause, 'whenever in the judgment of the Board of Directors the best
interests of the Corpor a tion would be served..
SECTION 7. VOCencY, .vacancy, in any office because of death, resignation, removal or
otherwise, may be filled by the Beard of Directors eat any meeting for the unexpired portion of
the term of the office.
SECTION 8. Compensation. Officer's and/or Directors of the Corporation shall be reimbused
their actual expenses incurred in the performance Of their official duties and shall receive a
per diem in the amount established by the Oakland County Board of Commissioners, not exceeding
Fifty ($50.00) Dellars'per diem.
ART1Ctl VI -- BOOKS AND RECORDS
The books and records of the Corporation and of the Ditectors,Officers and agents thereof
shall be open to inspection and audit by the County of Oakland at all times. The Corporation shall
submit an annual repert to the Oakland County Beard of Commistibhers and the County Executive.
ARTICLE Vil -7- LOCATION
The'location of the first office of the Corporation is 1200 North Telegraph Read, Pontiac
Michigan 48053,
ARTICLE Vill REGISTERED AGENT
The name of the first resident agent of the Corporation is Robert P. Allen.
275
Commissioners Minutes Cohtinued, August 14, 1980
ARTICLE IX -- NON,-STOCK; ASSETS
The Corporation is organized upon a non -stock Basis. The amount of assets which said
Corporation possesses is:
1)- Real property: None
2) Personal property: None
The Corporation will be financed from donations, gifts grants, and devises, either Solicited Or
unsolicited, obtained from public authorities, individuals, corporations and other organizations;
by earnings from its activities, borrowings, and istdante of revenue boOds ahd notes
ARTICLE X -- NET EARNINGS;: DISSOLUTION
No part of the net earnings of the Corporation ; beyond that necessary for the retire-
ment of indebtedness or to implement the public purposes Or program of the County of Oakland, shall
inure to the benefit of any person, firm or Corporation, other than the County of Oakland, except
that reasonable compensation may be paid for services rendered to or for the Corporation affecting
one or more of its purposes. No member, officeh or director of the Corporation nor any private
individual shall be entitled to share ih the distribution of any of the corporate assets on
dissolution of the Corporation. No substantial part of the activities of the Ccirporation shall be
the carrying on of propagahda, Or OtherwiSe attempting to influence legislation, and the Corp
oration shall not participate in, Or intervene in (including the publication Or diathibUtioh of
Statements) any political campaign on behalf of any candidate for public office.
Upon the termination or disSolUtiOn of the Corporation, after adequate provisiph has
been made for all obligations of the Corporation, surplus 'earnings and all property and assets of
the CorpOratioh shall belong to and be paid Only tb the County of .0ekland Michigan ; oh its
successor.
ARTICLE• XI TERM
The term of eXistOhe of the COrpbhati -on is perpetual Oh until dissolVed ih aCCOrdahce
with the Act:
ARTICLE XII - EFFECTIVE DATE OF CORPORATION
The date upon which the Corporation shall become effective is March 26 .;_ l979, or upon
approval of these Articles of IntorpOration by resOlutioh of the County Board Of COMMiSSiohers,
duly adopted, whichever last oCcurs,
ARTICLE XIII ,.,, PUBLICATION OF ARTICLES OF INCORPORATION
These Articles of Incorporation shall be published in the Daily Tribune, a newspaper Of
general cireulatioh ih the County of Oakland.
ARTICLE XIV -- INCORPORATORS
The names and addresses of bath of the incorpOrators are as follOwS:
KENNETH ROGERS 6395 Waterford Hill Tehhate
Waterford; Michigan 48095
EARL A-. kREPS 2640 Garland Avenue
Sylvan Lake, Michigan 48053
JAMES D. TAYLOR 70 Nantucket Drive
Bloomfield Hills, Michigan 480.13
ARTICLE XV '7'. BYLAWS
The Board of DireCtohs, by an affirmative libté of a majority of its members shall
approve Bylaws for the operation Of the affairs of the Corporation which BylawS shall be adopted
by resolution of the Comity Board of Commissioners.
ARTICLE XVI -, AMENDMENT OF ARTICLES AND BYLAWS
The Articles of Incorporation and Bylaws of the Corporation may be emended by resolution
of the County Board of Commissioners whith reSolmtion shall be filed with the secretary of state.
The effect of an amendment may ihclude the alteratiOh or changing of the structure, Organization,
programs, or activities of the Corporation including the power to terminate the eXistehce of the
Corporation. However, an amendment shall not impair the obligation of any band or COhtract.
We the incorporators, sigh our names this , day of . „ ,
4. The Board of CoMmissioeer$ atithorieeS the Clerk Of the County Of Oakland to file
an executed original of this resolution With the Michigan Secretary Of State,
S. The Board of CommissionehS further authorizes .the Clerk Of the Cohn4 Of Oakland to
file one executed set of said Articles in his office and the Other executed set with the recording
officer of said Economic Development tol-poratiOd: The COUnty Clerk Shall alSO be instrUtted to
certify two printed et:pies of said Articles and file brie such Certified copy with the SeChetary
of State and one such certified :Many ih his office,
6. The Clerk Of the County of Oakland shall cause said Articles of Incorporation to be
published once ih the Daily Tribune, the howspapet designated therein aCeampahied by the following:
a. The notarized certificate of the County Clerk certifying that these A rticles : Were
approved by the Board of Commissioners Of the Cemity Of Oakland, Oakland County, MiChigari i at a
meeting duly held on the 14th day of AUOUSt; 1980.
b. A Notice sighed by the County Clerk Stating:
The right exists to ciihestion the incorporation in court as provided in Section 31 Of
Act 338, Public Acts of 1974, as amended: The validity of the incorporation shall be cohtlusively
Commissioners Minutes Continued. August. 14, 1980 276
presumed unless questioned in a court of competent jurisdiction within 60 days after the filing
of the certified copies of the..Artic Lesnf Incorporation - with the secretary - of state and the
county clerk.
7„- The A,:,plitants, Kenneth Roger's, Earl A. Kreps• and James D. Taylor are -hereby
authorized and directed to take such steps as-are necessary to perfect incorporation of The
Economic Development Corporation of the County of Oakland pursuant to Act • 338, Public Acts of 1974,
as amended.
8. The invalidity:o -f,zny section ; clause or provision of this Resblution shall net
affect the validity of any part of this resolution which can be given effect without such invalid
provision.
MB. CHAIRMAN, I. move the 'adoption of the:foregoing resolution:.„
1 •VilliamT. PatterSbni. Commissioner -District • #16
STATE OF MICHIGAN)
) SS;
COUNTY OF OAKLAND)
I, the undersigned, the duly qualified and actiog Clerk of the County of Oakland. Michigan,
do hereby certify that the fOre(JoinD is a true encl.:complete copy ..of the proceedings taken by the
Board of Commissioners of the County of Oakland at a regular meetino'held on the 14th day'of
August, 1980, the original of which proceedings is on file in my office. Public notice of said
Meeting was given pursuant to and in compliance with Act 267,-Publie Acts of 1976, as amended.
IN WfTNESS WHEREOF, I have hereunto affixed by official signature this 14th day of
August, A.D., 1980.
Lynn D. Allen
Oakland County Clerk
Moved by Patterson supported by. Montante.the resolution be •adopted.
AYES: Moxley, Murphy, Page, Patterson, Perineff, Pernick, Peterson, Price, Roth, Wilcox,
Aaron, Caddell, DiGiovenni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Kasper, McDonald,
Moffitt, Montante, Moore. (24)
NAYS: None. (0)
A• sufficient. majority having voted therefor, the resolution was adopted.
Misc. 9501
By Mr. Patterson. IN RE: APPROVAL OF THE BYLAWS AND APPOINTMENT OF DIRECTORS FOR THE ECONOMIC DEVELOPMENT
CORPORATION OF THE COUNTY OF OAKLAND
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen .:
WHEREAS the Board of Commissioners did on May 1, 1980, adopt a resolution aporoving the
appointment by the Oakland County Executive of nine -(9) persons to the Board of Director's of the
Economic Development Corporation of the County of Oakland (the ..'Corporation') and did on June 19,
1580, adopt a resolution approving the By-laws of the Corporation.; and
WHEREAS this Board having just approved the reincorporation of the Corporation it is
desirable to rati:fy their earlier actions.:
NOW THEREFORE BE IT RESOLVED BY THE:BOARD OF COMMISSIONERS OF THE COUNTY Of OAKLAND as
follows:
The resolutionsadopted on May 1; 1980 by thiS Board approVirigthe appointment by the
Oakland County Executive of the first 3oard of Directors of tie Corporation and the resolution
adopted on June 19 -; 1580 by this Board approving and adopting the By-laws of the Corporation are
ratified.
Mr. Chairperson, 1 move the adoption of the foregoing resolution.
William T. Patterson, Commissioner - District #16
STATE OF MICHIGAN)
) SS:
COUNTY OF OAKLAND)
I, the undersigned, the duly qualified and acting Clerk of the County of Oakland: Michigan,
do hereby certify that the foregoing is a true and complete copy of the proceedings taken by the
Board of Commissioners of the County of Oakland at a regular meeting held on the 14th day of
August, 1980, the original Of which n'roceedings is on file in my office. Public notice of said
meeting was given pursuant to and in compliance with Act 267, Public Acts of 1976, as amended.
IN WITNESS WHEREOF.; I: have hereunto affixed by official signature this 14th day of
August, A.D., 1980,
Lynn D. Allen
Oakland County Clerk
Moved by Patterson supported by Wilcox the resolution be adopted.
AYES: Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth, Wilcox, Aaron,
Caddell, DiGlovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Kasper, McDonald,
Moffitt, Montante, Moore, Moxley. (24)
NAYS: None. (0)
277
Commissioners Minutes Continued. August 14, 1980
A sufficient majbeity having voted therefor, the resolution was adopted.
Clerk read letter from Lewis E. Wint, Chairman, Oakland Parks and Recreation Commission
regarding the Board's support of the parks millage renewal. (Placed on file.)
Clerk read letter from County Executive Daniel T. Murphy regarding the veto of
Miscellaneous Resolution 19463 - "Salaries Equity Adjustment Recommendation".
Clerk read letter from Civil Counsel Robert P. Allen stating the General Motors
Corporation, by letter of August 6,1988, gave notice that they are exerclting the Option tO
purchase the property known as the Oakiand 4Orion Airport. (Referred to Planning and Building
Committee)
Clerk read resolution adopted by the Alpena County Board of Commissioners urging the
Board to take such action as is necessary to either maintain that statutory proportion (minimum
of 25 percent of public elected officials appointed by the boards) or take Steps to insure counties
Will be numerically represented on Health Service Agencies executive beards as is reqUired by the
law. (Referred to Dr. Joseph R, Montante)
Clerk read letter from Chairperson Wallace F. Gabler, Jr.; regarding the resignation Of
Captain Waiter Anderson from the Oakland County Criminal Justice Coordinating Council and the
appointment of Captain James Kneaie to fill the unexpired teem.
Moved by Moffitt supported by Moore the appointment be confirmed,
A sufficient majority havinTvOted therefor, the Metier) carried.
Misc.. 9502 - -
By Mr. Murphy
IN RE: COUNTY EXECUTIVE'S LEGAL FEES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous ResolOtien #8052
requires that outside legal counsel shall be employed OhlY through the office of Civil Counsel
and approved by a majority vote of the Members of the Board. of COmmiSsioners; and
WHEREAS the County Executive found it necessary to defend the County Executive's Office
in a court suit; and
WHEREAS such action required the services of professional cOunseI for the County
Executive; and
WHEREAS said suit has been resolved in court and the cest of Outside counsel amounted to
$17,731.46.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners -approve the
payment to outside counsel hired to represent the County ExecutiVe, such payment to be charged
against the Professional Services line-item in the County Executive's Budget.
BE IT FURTHER RESOLVED that pursuant to Rule Xl-Z of this Boaed, the Finance Committee
finds $17,731.46 available in the 1980 Contingent Fund to cover said cost, and that the Board of
Commissioners appropriates said funds to the 1980 County Executive-Professional ServiCes,line-
item from the 1980 Contingent Fund as follows;
10100799002-00,9950 EPOIrlgeht NO $(17,731.46)
1000-111-01-00-2128 Prof0WOnal Service $ 17,731.46
Mr. Chairperson, on behalf of the FinanCe Committee, I meve the adoption of the foregoing
resolution.
FINANCE COMMITTEE
Dennis L. Murphy, Chairperson
Moved by Murphy supported by Moxley the resolution be adopted.
•Discussion followed;
Moved by Apron supported by Fortino the resolution be laid on the table until the next
Board meeting.
, AYES: Perinoff, Fernick, Price, Abth, Aaron, 'Boyar', Fortino, Kelly, KOOre,
NAYS: Page, Patterson, Peterson, Wilcox', Caddell, DiGiOvanni, Donpskiss,
Gorsline, Hobart, Kasper, McDonald, Moffitt', MOntentt, Motley, Murphy. (16)
A sufficient Majority not having voted therefor, the motion failed.
Commissioners Minutes Continued. August 14, 1980. 278
Vote on resolution:
AYES: Patterson, Perinoff, Pernick, Petersen, Price, Roth, Wilcox, Caddell, DiGiovanni,
Doyon, Ppnaskiss, Gabler, Gorsline, Hobart, Kasper, Kelly, McDonald, Moffitt, Montante, Moxley,
Murphy. (21)
NAYS: Aaron, Fortino, Moore. (3)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 9503
By Mr, Murphy
IN RE: RETENTION OF OUTSIDE LEGAL COUNSEL FOR JOHN DOWSETT, ANDREW YANG AND R. TRAITEL
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #8082
requires that outside legal counsel shall be employed only through the office of Civil Counsel and
approved by a majority vote of the Members of the Board of CoMmisSioners; and
WHEREAS certain staff members of the Probate Court found it necessary to retain counsel
to determine whether they, or any of them, were involved in the alleged intimidation of certain
witnesses who were to testify For the prosecution in an incident involving a County Employee at
County expense; and
WHEREAS prior to employment of counsel, civil counsel determined that these employees
could not be represented by outside counsel; and
WHEREAS based upon the immediacy for the need of counsel, the seriousness of the charges,
and the fact that there was no indication that any alleged actions were not within the scope of
employment, the court authorized employment of counsel for purposes of representing the Court
employees; and
WHEREAS the Court has requested the County to pay the attached statement for $1,260.00
for services rendered.
NOW THEREFORE BE H7 RESCILVED that the Oakland County Board of Commissioners approves
payment to outside counsel hired to represent these employees, such payment to be charged against
the Professional Services line-item in the Probate-Juvenile Court budget.
BE IT FURTHER RESOLVED that pursuant to Rule XI-C of this Board the Finance Committee
finds $1,260.00 available in the 1980 Contingent Fund to cover said cost, and that the Board of
Commissioners appropriates said funds to the 1980. Probate-Juvenile Court-Professional Services
line-item from the 1980 Contingent Fend as follows:
10100-990-02-00-9990 - Contingent Fund $(1,260)
10100-342-01-00-2128 - Professional Services 1,260
-0-
Mr. Chairperson, on behalf of the Finance Committee, 1 move the adoption of the foregoing
resolution.
FINANCE COMMITTEE
Dennis L. Murphy, Chairperson
Moved by Murphy supported by Peterson the resolution be adopted.
Discussion followed.
Moved by Perinoff supported by Moore the resolution be amended in the BE IT FURTHER
RESOLVED paragraph by striking "Contingent Fund" and inserting "Professional-Services line-item".
Vote on amendment:
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Perinoff, Pernick, Peterson, Price, Roth, Wilcox, Aaron, Caddell, DiGiovanni,
Dunaskiss, Fortino, Gabler, Gorslinc, Hobart, Kasper, Kelly, McDonald, Moffitt, Montante, Moxley,
Murphy, Page, Patterson. (23)
NAYS: Doyon, Moore. (2)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 9504
By Mr. Murphy
IN RE; SECOND QUARTER DATA PROCESSING DEVELOPMENT APPROPRIATION TRANSFER
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen.:
WHEREAS Miscellaneous Resolution 119219, Recommended 1980 Budget and recommended 1980
Salaries Budget, specifies "that all data processing development cost be incorporated as a single
appropriation within the Compute? Services Department budget and further, that an amount equal to
the actual expense be transferred to the user department on a quarterly basis with a summary report
to the Finance Committee"; and
ACCOUNT NUMB ER D.P. DEVELOPMENT FUND
10100
10100
10100
10100
10100
10100
22100
52100
10100
10100
10100
10100
10100
10100
10100
10100
10100
10100
10100
10100
122-01-00-3303
123-01-00-3303
123 ,55-40-3303
125-01-00-3303
145-01-40-3303
151-01-00-3303
162•,-4100-3303
16301-00-3303
175 -01-00,3303
181 ,01-00m3303
181,01-00-3301
212-01-00-3303
221-01-00,3303
311-01-00-3303
312 ,01-00-3303
322-01,00,3303
323-01-00-3343
324-01-04-3303
325-01-00,3303
431-01 ,00,3303
Sub-Total
10100
10100
Sub-Total
TOTAL
181-01-00-330)
18 1 ,01 ,00,3303
279
COmmiSsioners Minutes Continued. August 14, 1980
WHEREAS the Oakland County Computer Seryipes Department has determined the 1980 Second
Quarter data processing development charges for the budgeted Cpypty departments; and
WHEREAS these development charges are for programs which are in conformance with the
guidelines set forth by the Computer User Advisory Committee and the Computer Center master plan
approved by the Finance Committee; and
WHEREAS funding for data processing development 15 Contained in the 194 POMputer Services
General Fund budget; and
WHEREAS an appropriation transfer to bYdgete0Couty partmen is PPOPO tcl fund these
development charges,
NOW THEREFORE BE IT RESOLVED that Pqrsyant . to Rule )(1 -,C Of th i s Board, the Finance COMmittee
has reviewed the 1980 Second Quarter Data Processing Development for user departments and finds
$399,633.69 necessary to fund the development cost. Said funds are available in the 1980 Data
Processing Development appropriation and thP Board Of Commissioners appropriates said funds as
follows:
DIVISION NAME ANPUNT TRANSFERRED
9409et Z2 ,595,45
Accounting 46;46137
Alimony 1,020,00
Equalization 15,624.97
Planning 2,192.50
Personnel 12,014.48
Health 10053.17
Medical care Facility 214.00
Cooperative E**$.1.Pn 5,275,00
Computer Services 36580.40
Computer Services .,01emis 63,992.41
COlintY ..C1erk 37,741 .27
Oakland County Treasurer 44077.02
Circuit Court 8,455.76
Friend of the Court 6,515.00
5 -01 District Court 3,950.51
52-02 District Court 4,273.01
52-03 District Court 4,813.01
52-04 District cowl 3,860.53
Oakland County Sheriff 9,528.23
399,633.69
PrOges5ing 0OYel., cleMis (63,192.4 1)
ProceWng Del/00P. (335,641.28)
(399,633.69)
70-
!Data
f;Ita
pf the foregoing Mr. Chairperson, on behalf of the Finance COMMittee, I move the adOptiO:
resolution.
FJNAgg MM1TTEE
PPhOiSL Mgt0by, Chairperson
Moved by Murphy supported by Mo*jey the rPSolUticin be adOPte47
AYES: Pernick, Peterson, q 1 1OQ?C -,, APrPP?
Gabler, Gorsline, Hobart, Kasper, Kelly, mcpcoals),
Patterson, Perinoff. (23)
NAYS: None. (0)
A sufficient majority having ypted ow
Ca40.11., 0J01OV.a001, OPYPP, DUO.askiss, Fortino,
Moffitt, Montante, Mpore, MoY, Murphy, Page,
9Y, thP resO1PtiO0 was adopted.
Misc. 9505
By Mr. Dunaskiss
IN RE: CABLE TELEVISION CONSULTANT CONTRACT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen.:
WHEREAS Oakland County citizens are expressing increasing interest in the implementation
of cable television; and
WHEREAS properly developed cable television can be a mechanism by which a vast range of
services and benefits are delivered to Oakland County citi.zens; and
WHEREAS the key elements to insuring that •OOMPm benefits Of 'cable te)eyiSTOP mph avail-
able to Oakland County citizens are coordination, and information ; and
WHEREAS cable television technology is highly specialized and
Commissioners Minutes Continued. August 14, 1980 280
WHEBEASt; I'S in the tO5t lhterest of Oakland County citizens theta skilled consultant
be engaged to assist County and local elected officials in cable television implementation; and
WHEREAS the firm of Malarkey, Taylor and Associates of Washington, D.C. presented the
strongest response to the request for proposals from the Oakland County Planning Division and to the
additional consultant evaluation efforts.
NOW THEREFORE BE IT RESOLVED that the County of Oakland engage the firm of Malarkey.
Taylor and Associates to deliver four information. seminars to Oakland County public officials and
to identify Oakland County government's potential use of cable television and develop a plan for an
institutional network; and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners appropriate the sum
of $22,000 to cover the total costs of the above services.
Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of
the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Mat J. Dunaskiss, Chairperson
The Chairperson referred the resolution to the Finance Committee and Planning and
Building Committee. There were no objections.
FINANCE COMMITTEE REPORT
By Mr. Murphy
IN RE: MISCELLANEOUS RES.OLUTION #91480 - FAMILY PLANNING GRANT RENEWAL ACCEPTANCE - JANUARY I, 1980
THROUGH DECEMBER 31, 1980
To the Oakland County Board of Commissioners
Mr. Chairperson; Ladies and Gentlemen:
pursuant to Rule Xl-C of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #9480 and finds:
1) The :total program is in the amount of $248,979 (See Attached Schedule 1) of which
$2-07748C er 83% is State Funded,:
2) $5,293, or 2%'4, represents indirect cost absorbed by the County,
3) $36,.200., or 15% is anticipated to be generated by Fees for Service consistent with
Schedule 11,
4) No additional funds are required to fund the program
5) Acceptance of this,grant does not obligate the County to any future commitments,
6) The Finance Committee finds it necessary to increase the Health Division Budget and
the Health Division Revenues as follows:
ACCOUNT DESCRIPTION AMOUNT
4-221067a-01-00-3380 Grant Match $36,200
1-22100 -1.62 -01 -00HZ127 Hcalth,Div. Revenue5 36,200
7) Further, the Board of Commissioners appropriates $36,200 from the Grant Match Line
item to Family Planning Grant per Schedule I. FINANCE COMMITTEE
'Misc. 9480 Dennis L. Murphy, Chairperson
By Mr. Peterson
IN RE: FAMILY PLANNING GRANT RENEWAL ACCEPTANCE - 1980
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution h'9199 dated
November 29, 1979, authorized application for the 1980 Family Planning Grant renewal in the amount
of $300,208;' and
WHEREAS the subject grant ceverS a periOd of JahUarY 1, 1980 through December 31, 1980;
and
WHEREAS the final grant award as determined by the State is in the amount of $208,486
which is the same amount as 1979 funding; and
WHEREAS in order to approximate existing service provision levels, it is proposed to
initiate'a fee schedule and to absorb $5,253 of the $37,073 in indirect costs generated by the
grant; and
WHEREAS via 'a separate resblution the Oakland County Board of Commissioners is being
asked to authorize an annual fee of up to $40 per year for hon-MediCaid clients over eighteen (18)
years of age and a charge of $3 per cycle for birth control pills for all clients to whom they are
dispensed; however, no client will be denied service on the basis of lack of funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the
1980 Family Planning Grant in the amount of $207,436.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the 1980
Family Planning Program at a level of $248,979 of which $207,486 represents the grant award,
$36,200 is generated by fees for service and .$5,293 represents indirect cost absorbed by the County.
Mr. Chairperson', on behalf of the Health And HUman ResOurces Committee, I move the
adoption of the foregoing resolution.
HEALTH AND HUMAN RESOURCES COMMITTEE
John H. Peterson, Cha i r person
Moved by Peterson supported by PatterSon the report be accepted and Resolution #5480 be
adopted.
281
Commissioners Minutes Continued. August 14, 1980
MOVed by Peterson supported hy Perhick the reselutien be Amended in the 5th WHEREAS
paragraph by inserting the wards "up to $3.00 per cycle".
A, sufficient majority having voted therefor, the aMehdmeht carried.
Vote on resolution as amended:
:AYES: Petersen, Prite, Wilcox ; Aartin, Caddell; Deyon ; DdilaskiSs, Fortino i Gabler4
GorSline ; Hobart, Kasper, Kelly; McDonald, Moffitt, Rentente, Mebre, MoXleY ; Page, Petter:seh',
Perinoff, Pernick. (22)
NAYS: Nohe. (0)
A sufficient Majority having Voted therbfbr., the resolutieh aS aMendedi was adopted.
Misc. 9506
By Mr. McDonald
IN RE: CREATION OF ONE (1) BUDGETED MAINTENANCE MECHANIC AND INSTRUCTOR POSITION IN THE wORK
EDUCATION UNIT OF CAMP OAKLAND
To the Oakland County Board of Commissioners
Mr: Chairperson, Ladies and GentleMen:
WHEREAS the Work Education Program at Camp Oakland has in the Past bteh staffed With
teachers from the Waterford School District; and
WHEREAS Waterford Schools' 1980,81 redUetienS in teething staff has resulted in cutbacks
which would result in inadequate staffing of bile teaching positiOn ih Car* Oaklands' WOrk Ed6tetien
Program; and
WHEREAS the creation of one (1) budgeted Maintenance Mechanic and ihStruCtor position
would resolve the instrUctienal problem and prov ide additional needed camp Maintenance support with
a resulting decrease in budgeted emergency salary usage; and
WHEREAS the reduction in emergency salaries and Other pregraM changes Made to accommodate
the additiOn of the requested instructional and maintenance position shetold reduce the Overall cost
of the Work Education Program by $8,554 during the 1980-81 Scheel year; and
WHEREAS your Personnel COMmittee has reviewed the program change S proposed by Camp Oakland
and recommended by the County Executive and coheurS with the recommendation,
NOW THEREFORE BE IT RESOLVED that One (1) budgeted Maintenance Mechanic and Instructor
position be created in the Work Education unit at Camp Oakland With the föllOWing Wary range:
BASE 1 YEAR 2 YEAR 3,YEAR
$17631 $14,213 $14,792 $15,37Li
BE IT FURTHER RESOLVED that Camp OaklandS' 1980 Emergenty Salarie5 hti4get lino item be
reduced by $1,177 for the last guerter of 1980
The Personnel Committee ; by JOhh J. Mebeheld, Chairperson ; MoveS the adeptien Of the
foregoing resolution.
Moved by McDonald supported by Moore the resolution be adopted.
Moved by Gersline supported by Moore the rules be suspended foe immediate,tehsideration
of the reSelution:
AYES: Price, Wilcox, Aaron Caddell, DiGieVenhi ; DoYeri OUnaSkiSt, Fortino, Gabler,
Gorsline; Kasper, Kelly, McDonald,: Moffitt :i Mehtante, Moore, mokl.oy, Murphy, Page; PattersOrl,
Perinoff, Peterson. (22)
NAYS.: None, (Q)
A sufficient majority having voted therefer ; the motion Carried.
Vote oh resolutiont
AYES: Roth, Wilcox ; Aaron ; Caddell ; DiGiovanni, 00yOn ; DunaSkiss, Fortino, Gabler ;
Gerslihe ; Kasper, Kelly ; McDonald ; Moffitt, Montahte, Redrei RoXley, Murphy, Page:, Patterson,
Perinoff, Peterson., price : (23)
NAYS: Nene, (0)
A sufficient majority having voted therefor, the resolution was adopted.
FINANCE COMMITTEE REPORT
By me. Murphy
IN RE: MISCELLANEOUS RESOLUTION #9482 - 1979=1581 - TENTATIVE LABOR AGREEMENT FOR SAFETY DIVISION
EMPLOYEES LOCAL 129, TEAMSTERS
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 I/9482 and finds the subject labor agreeMOt has an estimated test of W i 489 for 1979
PERSONNEL COMMITTEE
JOhh J Metlehald ; ChairperSd
Commissioners Minutes Continued. August 14, 1980 282
and $63,382 for 1980. The Finance Committee finds the 1979 portion of $10,489 available in the
1979 reserve account and the 1980 portion of $63,382 available in the 1980 Salary AdjUStMeht
appropriation. The Board of Commissioners appropriates the 1980 amount of $63,382 to the 1980
Safety Division salary accounts from the 1980 salary adjustment appropriation as follows:
10100-991-02-00-9991 Salary Adjustment $(63,382)
10100'132-02-00-1001 Salary 55,142
10100-132-02-00-1003 Holiday 2,662
10100-132-02-00-1005 Annual Leave 3,232
10100-132-02-00-1007 Holiday Comp. 253
10100-132-02-00-1008 Sick Leave 1,965
10100 ,132-02-00-1019 Worker's Comp. 64
10100-132-02-00-1020 Death Leave 64
-0-
Further the estimated cost of the 1981 portion covering the period January 1, 1981 through
June 30, 1981 be included in the 1981 Safety Division-Salary Budget.
FINANCE COMMITTEE
Dennis L. 146rphy, Chairpersen
'Misc. 3482
By Mr. McDonald
IN RE: 1979 - 1981 TENTATIVE LABOR AGREEMENT FOR SAFETY DIVISION EMPLOYEES LOCAL 129, TEAMSTERS
To the Oakland County Board of CoMmiSSionerS
Mr. Chairperson, Ladies and Gentlemen
WHEREAS representatives of the County of Oakland and Teamsters Local 129 have been
negotiating a contract covering Safety Officers and Building Safety Attendants in the Safety
Division of the Central Services Department; and
WHEREAS a two-year tentative agreement covering these employees has been reached with the
union for the period of July 1, 1979 through June 30, 1981 and said agreement has been reduced
to writing; and
WHEREAS your Personnel. Committee has reviewed the Labor Agreement covering employees
represented by Local 129, Teamsters, and recommends approval of the Agreement;
NOW THEREFORE BE IT RESOLVED that the attached Agreement between the County of Oakland
and Teamsters Local 129 be and the saMe' are hereby approVed and that the Chairperson of this Board,
on behalf of the County of Oakland, be and is hereby authorized to execute said agreement, a copy
of which is attached hereto.
Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the
foregoing resaUtion.
PERSONNEL COMMITTEE
John J. McDonald, Chairperson"
Copy of Agreement on file in the County Clerk's Office.
Moved by McDonald supported by Aaron the report be accepted and Resolution 1/9482 he
adopted.
AYES: Wilcox, Aaron, Caddell, DiGlovanni, Dbyon, Dunaskiss, Fortinb, Gabler, GorSline,
Hobart, Kasper', Kelly, McDonald; Montante, Moore, Moxley, Murphy, Page; Patterson, Perinoff, Pernick,
Petersen, Price. (23)
NAYS: None. (0)
A sufficiPbt majority having voted therefor, the report was accepted and Resolution #9482
was adopted.
FINANCE COMMITTEE REPORT
By Mr. Murphy
IN RE: MISCELLANEOUS RESOLUTION 1/9483 - APPROVAL OF FUNDS FOR DEVELOPMENT OF A NEW JOB EVALUATION
AND SALARY ADMINISTRATION 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 Miscellaneous
Resolution #9483 and finds $53,231 necessary to fund this program. Further ., the Finance Committee
finds $53,231 available in the 1980 Contingent Fund. The Board of Commissioners appropriates said
funds to the 1980 Personnel Department Professional Services lino-item from the from the 1980
Contingent Fund as follows:
10100-990-02-00-9990 Contingent $ (53,231)
10100,155,02-00-2128 Personnel Prof. Service 53,231
-0-
FINANCE COMMITTEE
Dennis L. Murphy, Chairperson
"Misc. 9483
By Mr. McDonald
IN RE: APPROVAL OF FUNDS FOR DEVELOPMENT Of A NEW ,10$ EVALUATION AND SALARY ADMINISTRATION PROGRAM
To the Oakland County Board of Commjssioners
Mr. Chairperson, LadieS and Gentlemen
WHEREAS job evaluation is a necessary system for comparing jobs in an organization to
283
Commissioners Minutes Continued. August 14, 1980
determine aporPoriate salary relationships.; and
WHEREAS an effective job evaluation system establishes and maintains internal salary
equity within an organization and external salary equity with the outside labor market; and
WHEREAS the County currently utilizes the classification method of job evaluation which
is cumbersome for large organizations and does not provide quantitative measures and sufficient
rationale why job classes are placed at certain salary levels; and
WHEREAS your Personnel Committee has reviewed the County's current classification method
of job evaluation and finds that a less subjective, more structured, and quantitative system Of
job evaluation is needed; and
WHEREAS your Personnel Committee heard various jog evaluation and salary plan proposals
from seveTal outside consultants;
NOW THEREFORE BE IT RESOLVED that the Personnel Department be authorized to develop
new job evaluation and salary plan for the -County's 700 job classifications based On ObjeCtive job
evaluation criteria;
BE IT FURTHER RESOLVED that the Board approve funds in the amount of $53,231 to be utilzed
in hiring Consulting Resources Corporation to direct the PrOlPCt and that the contract With the
consultant be executed by the County ()COY after reVieW and approval by the PersOOPP1 Committee Of
the contract and project outline;
BE IT FURTHER RsPi-VEPI that the Personnel CoMOlttee.reOPW. the rePPMMendations of the
County Executive upon completion of the PrPject and Present to the PPard for approval any now
classification and pay plan including any ngCessary assecipted Merit Rule changes,
Mr, Chairperson, on hph.plf of th e poronnel Committee,. the POPPtiOn Of the fore-
going resolution.
FER$0104 COMMITTEE
400 J. McP9n414, Chal.rPerW
Moved by McDonald supported by Moore the report be accepted and Resolution #94$3 be
adopted.
AYES: Caddell, DiGiOvarmi, 00Yon, punPskiss, Fortino, Gorsline, Hobart, KasPer, Kelly,
McDonald, Moffitt, Montante, Moore, MO*leY, MurPhYi Page, Patterson, Perineff, Pernick, Peterson,
Price, Roth, Wilcox. (23}
NAYS: Aaron, Gabler. (2)
A sufficient majority having voted therefor, the report was accepted and Resolution 119483
was adopted.
FINANCE COMMITTEE REPORT
By Mr. Murphy
IN RE: MISCELLANEOUS RESOLUTION #9486 - PRE7•ETIREKNT TRAINING CLASS
TO the Oakland County Board of Commissioners
Mr. Chairperson, Ladles and Gentlemen:
Pursuant to Rule XI-C of this pooTti, the Finance- COMmittee has reviewed Miscellaneous
Resolution #9486 and finds $825 necessary to fund the Pre-Retirement Training class. Further,
the ETriance Committee finds $825 available in. the 1 980 COntiggont Fund: The Heard of COMMIWpners.
appropriates said funds to the 1980 Personnel DePartMent-in -Service Training line-items from the
1980 Contingent Fund as follows:
10100,990-02-00-9990 contingent (825)
10100.-153-01-,00-,3334 Pe r sonnel -tn Service Training $25
77717:
FINANCE COMMITTEE
Dennis L, Murphy, Chairperson
'Misc. 9486
By Mr. McDonald
IN RE: PRE-RETIREMENT TRAINING CLASS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland has sponsored a pre'retireMent training program over the
past three years for County employees reaching retirement age: and
WHEREAS the program has been so well received by employees that applicants are far
exceeding the space available for participan:ts; and
WHEREAS there were seventy (70) applicants for thirty (30) participant slots available
in the Spring, 1980 training program; and
WHEREAS tbe,pre-reOrement training has been recommended by the Employees' Retirement
Commission and supported by the Board of Commissioners Once 1977,
NOW THEREFORE BE iT RESDI.VED •i-o:t $825.00 bg aPProYed for the Purpose of providing one
additional pre-retirement training program class to be held in the fall of 1980.
Mr. ChairPerson, on behalf of the Personnel Committee, I Move the adoption of the fore-
going resolution.
PERSONNEL COMMITTEE
John 1, McDenald, Chairperson"
284 Commissioners Minutes Continued. August 14, 1900
Moved by McDonald .suppor'..ed by Caddell the report. be , acCepted :and Resolution #9486
be adopted.
AYES: Caddell, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Kasper,
Kelly; joicDonaid, Moffitt, Montan-to, Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick,
Peterson, Price, Roth, Wilc, Aaron, (25)
NAYS: None. (0)
A sufficient majority baVing voted therefor, the report was accepted and Resolution #9486
was adopted.
. by- Gersline supported by Mo7fitt.a,Publie hearing be held .on, Mistellaneous.
Resolution-1/9484 -.Submis,Sion-of Changes in Merit Systeh•RtileS 2; 3,.8:ariti. 22 - oh. September 4, 1980
at 10:00 A.M.
Moved by Price supported by Fortino the Public Hearing be held on September 4, 1980 at
7:00 P.M.
Discussion followed.
Vote on Mr. Price's motion: „
AYES: DiGiovanni, Doyon, Fortino, Kelly, Moore, Perinoff,, Remick., Price, Roth, Aaron.
(10)
NAYS: Dunasklas,, Gabler: Gorsline, Hobart Kaspier,. McDonald, Moffitt; Montante, Moxley.
Murphy, Page, Patterson,: Peterson., Wilcox, :Caddell.- (15).
A sufficient majority not having voted therefor ; the Motion failed,
Moved by Price supported by.:Moore that alklotice of the Public Hearing be included in
all employee's pay checks-
A sUfficient majority haviwvoted therefor , theAmtion:carried.
" Vote on Mr, GOrsline's MotiOn:H
AYES: Doyon, Dunaskissi.:.FOrtino,., Gabler,-'Gorsline, Hobart, Kasper, Kelly, Moffitt,
Montente, Moore, Moxleyi Murphy; Page Patterson,. Perinoff ;. Remick, PeterSon, Price, Roth,
Wilcox, Aaron, Caddell, DiGiovanni. (24.)
NAYS: None. (0)
sufficient. majority haVinn•.VOted:therefor i the motion. carried:
Misc. 9507
By Mr, Wiltox
IN RE: TRANSPORTATION SYSTEM MANAGEMENT COMMITTEE AND OPERATING PROCEDURES
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Southeast Michigan Council of Governments has been designated as the
metropolitan planning organization for the seven county Southeast Michigan region, and as such
is responsible for developing a regional transportation plan which consists of a Transportation
System Management (TSM) elementand a long-,rante element.; and '
WHEREAS the General Assembly of the Southeast.Michigan Council of Governments on March 27,
1980 adopted a set of Transportation System Management policies which calls for county level TSM
plans to be prepared by TSM GommitIets....that are established by the chief elected official of each
county, and ..inich the memberShip Of such committees includes representation from the county planning
office, the road commission, elected officials from local governments in the county, Michigan
Department of Transportation and Southeast Michigan Transportation Authority; and
WHEREAS Transportation Systems Management policies state that the appointment, composition
and operating procedures for eacb count ,! level TSM committee shall be subject to the approval of the
County Board of Commissioners; and
WHEREAS the County Executive of -Oakland County Daniel T, Murphy ; has requested that the
chief elected Offi'cial from:each local ..unit of government Within tht urbanized area appoint a member
to the TSM Committee; and
WHEREAS the attached list of names have been submitted by the local units of government
as TSM committee members; and
WHEREAS the ..County Executive recommends the attached list of TSM members.
NOW THEREFORE BE lT RESOLVED that the Oakland County Board of Commissioners hereby approve
the attached membership and operating procedures for the Transportation System Management Committee.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairperson
285
CommisSioners Minutes Continued. August 14 ., 1980
Trahsportation System Committee Membership on file in the County 'Clerk's Office:
Moved by Wilcox supported by Moore the resolution be adopted.
Moved by Mobre• supported by Per molt the resolution be emended toi include the names of
"Mayor Wallace E. Holland and Alternate Melford J. Placilla to the Transportation System Manage-
ment . Membership".
A sufficient majority having Voted•therefor,. the amendment .carried.
Vote on resolution as amended:
AYES: Dunaskiss, Fortino., Gabler ; Gorsline, HObart, Kasper, :Kelly, Moffitt, Mentante,
Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick; Peter -sort, Price, Roth, Wilcox; Aaron,
Caddell, Doyon. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended, was adopted:
Misc. 9508
By Mr. Patterson
IN RE: PUBLIC SERVICE EMPLOYMENT ORIENTATION AND MOTIVATION CLASS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland CoUnty Board of Commissioners by Miscellaneous Resolution No 6546
and 8883 applied for and was granted the designation as Prime Sponsor by the U.S. Department of
Labor to administer the provisions of the Comprehensive Employment and Training Act of 1973 and
the Comprehensive Employment and Training Act Amendments of 1978; and
WHEREAS the CETA Regulations require that 15:Z. of the available Title 11-D funds in Fiscal
Year 1980 and 20% of available Title 11-D funds in Fiscal Year 1981 be utilized for participant
training; and
WHEREAS a participant Orientation and Motivation Class was developed to give participants
a positive outlook towards themselves and the vocational training available to them (Attachment A);
and
WHEREAS two rounds of bids for this training resulted in five (5) offerors being selected
for a period covering the balance of FY80 up to Márchl. 1-981 of EY81; and
WHEREAS maxiMum fixed Costs parameters per enrollee and per hour were set with detailed
line item budgets to be negotiated at a later date; and
WHEREAS because of legislation and funding level uncertainties, the exact number of
participants to be served can only be determined up to September 30, 1980; and
WHEREAS due to those unknown's, contract awards totaling $222,70960 .(Attachment B) will
be proportionately based on the exact amount of participants to be enrolled up to September 30,
1980 using the fixed costs parameters with the balance of the award to be determined upon final
FY81 enrollee estimates; and
WHEREAS the Prime Sponsor has One thretigh ah extensive planning and negotiatiOn prOcesS
in developing an innovative approach to making PSE participants more valuable on the job market
(Attachment C).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners appreVe this
training Concept and the propertionate contract awards totaling $222,709-60.
BE IT FURTHER RESOLVED that a quarterly report for review of performance objectives will
be submitted to the Public Services Committee and the Oakland County Board of Commissioners.
The Public SerVicet COMMittee ; by Henry W. HoOt, Chairperson, moves the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
William T. Patterson, Vice ChairperSon
Copies of AttachMents A, B and C on file in the County: Clerks Office. •
MoVed by Patterson SUpported by MOXley:the'resolUtion be adopted.
AYES: Fortino;: Gabler, Corsline,Hobart, KeSper; Xelly, Moffitt ; Montante. Moore
Moxleyi Murphy, Patterson, Perinoff ; Per-nick,Teterson; Price', Roth; Wilcox, Aaron, Caddell,
DiGiovanni, poyon. (22)
NAYS': Page, (1)
A sufficient majority having voted therefer ; the TeSolutiori wet adopted.
Mist: 9509
By Mr. Patterson
IN RE: APPROVAL OF TITLE lIC UPGRADED TRAINING CONTRACT EXCEEDING $10,000.00
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 6546
Commissioners Minutes Continued. August 14, 1980
and No. 8883 applied for and was granted the designation as Prime Sponsor by the U.S. Department of
Labor to a)dminister the provisions of the Compr.ehonsive Employment and Training Act of 1973 And the
Comprehensive Employment and Training Act Amendments of 1978, and
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #9283
approved the Prime Sponsor to administer tha CETA Title 11C Upgraded Training Program; and
WHEREAS the attached schedule indicates a total of $26,319.00 for an Upgraded Training
Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
award of Phase 4UP-A of a CETA Title liC Upgraded Training Contract for the total amount of
$6319.00, which is consistent with the attached budget and that the participants start date of
July 23, 190 follow Miscellaneous Resolution No. 9273 procedures.
BE IT FURTHER RESOLVED that a written quarterly report for review of performance objectives
will be submitted to the Public Services Committee and the Oakland County Board of Commissioners.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby
authorized to execute the Jpgraded : Training Contract for an amount not to exceed the attached budget.
ThePublic Services CoOmittee, by Henry W. Hoot, Chairperson, moves the adoption of the
foregoing resolution. (Copy of Budget on file in County Clerk's Office.)
PUBLIC SERVICES COMMITTEE
William T. Patterson, Vice Chairperson
Moved by Patterson supported by Peterson the resotution be adopted.
AYES: Gabler, Gorsline, Hobart, Kasper, Kelly, Moffitt, Montante, Moore, Moxley, Page,
Patterson, Perinoff, Perhick, Peterson o Price, Roth,' Wilcox, Aaron, Caddell, DiGiovanni, Doyon, Fortino.
(22) NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted -.
Misc. 9510
By Mr. Patterson
IN RE: CETA FY-8l ALLOCATION - TITLES 11-0 AND VI
To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 6546
and 8883 applied for and Was granted the designation as Prime Sponsor by the U.S.. Department of
Labor to administer the provisions of the Comprehensive Employment and Training Act of 1973 and the
Comprehensive Employment 'and Training Act Amendments of 078; and
WHEREAS the Department of tabor has announced Title 11-0 and VI funding for planning
purposes' only; and
WHEREAS the plann i ng funds allocated for Public SerVice Employment in Title l]-D amounting
to $8,096,000 and in Title VI amounting to $5,356,000 for a total planning allocation of $13,452,000
(Attachment A); and
WHEREAS the attached schedule (Attachment B) distributes the funds based on sustaining
need formula allocation for balance of County and unemployment formula allocation for Program Agents
to avoid immediate layoffs of Public Service enrollees; and
WHEREAS the planning levels will be increased or decreased , in proportion upon receipt of
final Department of Labor allocations_
NOW THEREFORE BE IT RESOLVED that the ()Wand CQprity Board of Commissioners approve the
distribution of Title 11-0 and VI funds in accordance with perCeotages reflected on Attachment B.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
William T. PattersOn, Vice Chairperson
Copy of Attachments A and Bon file in the County . Office.
Moved by Patterson supported by Dunaskiss the resolution be adopted.
AYES: Gorsline, Hobart, Kasper, Kelly, Moffitt, Montante, Moore, Moxley, Patterson,
Perinoff, Pernick, Peterson, Price, Roth; Wilcox, Aaron, Caddeli DiGiovanni, Doyon, Fortino,
Gabler. (21)
NAYS: Page. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 9511
By Mr. Patterson
IN RE: TERMINATION OF'DOUCET/PAUL FY80 CONTRACT FOR CETA PROMOTIONAL SERVICES AND AUTHORIZATION
TO SOLICIT BIDS FOR THE REMAINING CONTRACT AMOUNT
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution Numbers
6546 and 8883 applied for and was granted the designation ,as Prime Sponsor by the U.S. Department
of Labor to administer the provisions of the Comprehensive Employment and Training Act Amendments
of 1978; and
WHEREAS the Oakland County Board of Commissioners approVed the award of a contract to the
advertising and public relations firm of Doucet/Paul and Associates in an amouht not to exceed
286
287
CommisSioners Minutes Cohtihbed. August 14, 1980
$42,500 for promotienal services for CETA prograMs by ReSalution %Aber 931O hd
WHEREAS the firm of Doucet/PeUl and Associates has not produced acceptable promotional
products as specified in the media schedult of the contract (Attachnitot A); and
WHEREAS the following Promotional Activities have occurred in response to the agreei
(Attachment B-2).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of CommiSsiohers approves the
termination of the contract with Bou -tet/Pa-U1 and AsSetietts.
BE IT FURTHER RESOLVED that the ChairOersOh Of the Beard of CeMmissioners be and is hereby
autheri'zéd to execute said termination.
BE IT FURTHER RESOLVED that the Oakland County Beard Of Commissioners approves the
soliciting of bids for promotional services in the remaining COhtratt amount of $38,291.67.
Mr. Chairperson, oh behalf of the POblic SerVicét Committee, I 00Ve tht adOptiOn Of the
foregoing resolution
PUBLIC SERVICES COMMITTEE
William T. Patterson, Vice Chairperson
Copy of Attachment A On file in the CouhtY Clerk's Office.
Moved by Patterson sup..orteby DiGiovanni the resOlutiOn be adopted.
Moved by Gorsline supported by Peterson the r'eSolution be referred back to the Public
Services Committee.
A sufficient majority having voted therefer, the resolutlbh was referred.
Mist. 9512
By Mr. Patterson
IA RE: FY-81 CETA .GRANT APPLICATION
To the Oakland County Beard Of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board Of Commissioners by Miscellaneous ReSOlutiehs He 6546
and 8883 applied for and was granted the designation as Prime Sponsor by 00 1,1S. Department of
Labor to administer the provisions Of the temOrehthSiVe EMplOymerit and Traihirig ACt Of 1973 and
the Comprehensive Employment and Training Act Amendments of 1.978; and
WHEREAS an annual application for CETA funds is a requirement under the act; and
' WHEREAS approximately $22,006,000 have Currently been identified for Oakland County
pending finalization of the Congressional Budget; and
WHEREAS the County of Oakland seeks to contin0e. its Title 1)-BC, ilD, Ill; IV, VI, VII
programs and apply for additlenal fUnding as it becomes available above the $22,06,06 dollar
limit; and
WHEREAS the purpose of theSe fundS iS to pleCt urieMplOYtd i etohOMICally diSadVahtaged
county residents in tinSubsidized jobs, notably in the private aecter, :
NOW THEREFORE BE IT RESOLVED that tht Oakland COOhtY Beard Of COMMiSSicherS approves the
application for and acceptance Of Fiseal. Year 81 CETA ftinds,
BE IT FURTHER RESOLVED that the decUmentS conteined in CETP 'he speCificallY aUtherIzed
and delivered to the U.S. Department Of taper,
BE IT FURTHER RESOLVED that a written euarterly report for review Of petfOrMarice
objectives will be SUbMitted -to the PLiblft SerViCeS COMhittee and the Oakland County .a0ái-d of
Commissioners.
BE IT FURTHER RESOLVED that the Chairperabh Of the Beard Of COMMitSiOnerS be and is hereby
authorized to execute Said centracts.
Mr. Chairperson, On behalf Of the PUblie Services COMMitted, I hoVe th6 AdOlititiih Of the
foregoing resolution.
Copy of Application on file in the CoLinty Clerk's Office.
Moved by PatterSOn suOnerted bY MOhtante the reSdiUtiert be ad6Oted:
AYES: Kelly ; Moffitt, MOhtante. Medre, MexleY, Murphy, PatterSbh, Perineff, Pernick,
Peterson, Roth, Wilcox, Aaron, Caddell ; biGieVanni, Doyen DunaSkiSs i Fortino, Gabler, GorStin,
Hobart, KaSper. (22)
NAYS: Page. (1)
A sufficient majority having veled therefor, the resolution was adopted.
Misc. 9513
By Mr. Patterson
IN RE: TRANSFER OF CETA TITLE 11-0 TRAINING FUNDS
TO the Oakland c60110/ Board Of Commissioners
Mr. Chairperson, LadieS and .Gentlemen :
WHEREAS the Oakland County Beard of CoMmiSsioners by Miscellaneous Resolution No. 6546
PUBLIC SERVICES COMMITTEE
William T. PattersOn, ViCe ChalrOersOn
Commissioners Minutes Continued. August 14, 1980
and 8883 applied for and was granted the designation as Prime Sponsor by the U.S. Department of
Labor to administer the PrOViSiOnS of the'Comprehensive Emp16yment and Training Act of 1973 and the
Comprehensive Employment and Training Act Amendments of 1978; and
WHEREAS the CETA Regulations require that fifteen percent (15t) of the available Title 11-0
Fiscal Year 1980 funds to be set aside for participant training; and
WHEREAS all Program Agents have been allocated their training funds directl y while the
training funds for the Balance of County subrecipients have been combined into a pool; and
WHEREAS the Prime :Sponsor is going to award contracts for P.S.E. Orientation Classes which
will be run county-Wide and paid for with funds from the training pitied; and
WHEREAS since the Program Agent's participants will also be attending the P.S.E. Orientation
Classes it will be necessary to transfer some of the Pro gram Agent training funds into the training
pool to cover the cost of tne Program Agent's participants being trained.
NOW THEREFORE RE IT RESOLVED that the Oakland County Beard of Commissioners approve the
transfer of training funds from Program Agents to the training pool in accordance with the attached
schedule.
BE IT FURTHER RESOLVED that a qUarterly report for review of performance objectives will
be submitted to the Public Services Committee and the Oakland County Board of Commissioners.
Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
William T. PatterSen, Vice Chairperson
Copy of Schedule on file in the County Clerk's Office-.
Moved by Patterson supported by Moore the resolution be adopted.
AYES: Moffitt; Montante, Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick,
Peterson, Price, Roth, Wilcox, Aaron, Caddell, DIGIOVerini, Doyon, Fortino, Gabler, Gorsline, Hobart,
Kasper, Kelly; (23) -
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 9514
By Mr. Patterson
IN RE: APPROVAL OF JAIL STUDY CONCEPT PAPER
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and GentleMen:
WHEREAS Oakland County has suffered from continued jail overcrowding for the past five
years; and
WHEREAS the Public Services Committee has appointed a Jail Study Sub-committee; and
WHEREAS that committee has proposed a coincept paper for jail study in conjunttion with
the Law Enforcement Assistance Administration; and
WHEREAS the Public Services Committee has reviewed the concept paper.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the
attached concept paper for submittal to the Law Enforcement Assistance Administration.
Mr. Chairperson, on behatt Of the Public Services'ComMittea, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
William T. Patterson, Vice Chairperson
Copy of Concept Paper on file in the County Clerk's. Office.
Moved by Patterson supported by Moore the resolution be adopted.
Moved by Gorsline supported by Moore the rules be suspended •ter immediate considention
of the resolution.
AYES: Montante, Moore, Moxley, Page, Patterson, Perinoff, Pernick, Price, Rpth, Wilcox,
Aaron, Caddell, DiGieVannl, 06yon, Fortino, Gabler, Gersline, Hobart, Kasper, Kelly, Moffitt. (21)
NAYS: Peterson. (I)
PASS: Murphy. (1)
A sufficient majority having voted therefor, the motion carried.
Vote on resolution:
AYES: Mpore, moxley, Page, Patterson, Peri :nett, Peterson, Price, Roth, Wilcox, Aaron,
Caddell, DiGiovenni, Doyon, Dunaskiss', Fortino, Gabler, Gorsline, Hobart, Kelly, Moffitt, Montante.
(21)
NAM None. (0)
PASS: Murphy. (1)
288
289
Commissioners Minutes Continued. August 14; 1580
A Sufficient majority having voted therefor, the resolution was adapted.
The Chairperson requested the resolution also be referred to Criminal Justice Coordina-
ting Council, Finance Committee and Flapping and Building Committee. There were no objections.
Misc. 9515
By Mr. Patterson
IN RE: COOPERATIVE REIMBURSEMENT GRANTS FOR mg FRIEND pf TK MAT AND THE PRps.gcprows OFFICE
To the Oakland County Board of CCMItOsSieners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners accepted the Cooperative Reimbursement Grants for the
Friend of the Court and the Prosecutor's Office b.), Miscellaneous Resolution Nos. 9256 and 9285
respectively; and
WHEREAS the State of Michigan changed Directors pf the Child Support Program; and
WHEREAS 4 new contract format which incorporates standard language and some performance
measurements, as well as some clearer delineation of resOPOSibilitips, is now bPjnq required by
the State; and
WHEREAS these changes do not change the amount or program of either Grant; and
WHEREAS the State is requiring a new resolution accepting the Friend of the Court and the
Prosecutor's Cooperative Reimbursement ArPOt.
NOW THEREFORE BE IT lEspLvEp that the Board of Commissioners accepts the revised
Cooperative Reimbursement Grants for the Friend of the COPrt And the Prosecutor's Office and by
this action amends and revises Miscellaneous Resolution Has 9256 and 9285 to reflect the Changes
as set forth in this resolution.
Mr. Chairperson, on behalf of the Public Soryices Committee, I move the adoption of the
foregoing resolution,
POELJC SERVICES COMMITTEg
William T. Patterson, Vice Chairperson
Moved by Patterson supported by MPntente the resolution be adopted.
AYES: Moxley, Page, potterson, perinoff, Pernick, Peterson, Prige, Roth, Wilcox, Rarer!,
Caddell, DiGievanni, DoyOn, OunasiOs$, Fortino Gabler, qPr5110e, Hob4rt, Kelly, NOffltt, Montante,
Moore. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution WOS adoPted,
Misc. 9516
By Mr. Patterson
IN RE: REDISTRIBUTION OF CETA FUNDS IN TlTLE$ 110 ANp VI
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolutions No. 6546
and 8883 applied for and was granted the designation as Prime Sponsor by the U.S. Department of
Labor to administer the previsions of the Comprehensive Employment and Training Act of 1973 and
the Comprehensive Employment and Training Act Amendments of 1978.; and
WHEREAS Oakland County was designated to receive $592,06 of Title Vi discretionary
funds on June 11, 1980; and
WHEREAS the U.S. Department of Labor representative adyised the Prime Sponsor to program
an allocation and provide the necessary acceptance propodes; and
WHEREAS the Oakland County Board of Commissioners by Resolution No. 9474 dated June 19,
1980, approved the allocation of these fuo05 (Attachment A)1 .a00
WHEREAS the Department of Labor advised the Prime Sponsor on July 31, 1980 that these
funds are not available for allocation; and
WHEREAS the Department of Labor has that the Prime Sponsor transfer el igible
Title VI participants to Title 11-,D. and use Title 117D training funds to support Public Service
Employment to avoid layoffs in Title VI (At.t.0191PT:q 8.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board, of CoMMi$5APPr$ hereby . _
recinds Resolution No. 9474.
BE IT FURTHER RESOLVED that the Oakland County Board. of Commissioners approve the transfer
of P.S.E. participants, effective July. 1, 1980, from Title VI to Title 11-D in accordance with
Attachment C.
BE IT FURTHER RESOLVED that the Oakland County Board of CoMmissioners approve using
$268,713..59 of Title 11-D training funds for participant wages and benefits in Title 11.40 and
using $151,878.63 from the Administrative Cost Pool for particjpept wages and benefits in Title VI.
BE IT FURTHER RESOLVED that the Oakland county Board of Commissioners approve redistribu-
ting funds in Titles TI-I) and VI in accordance with Attachment 0, ,
BE IT FURTHER RESOLVED that if written authority is not received from the 5th Region Office ;
of the Department of Labor and from the Office Of the inspector General allowing the use of Title 11-0
Commissioners Minutes Continued. August i4, 1980 290
training funds for participant wages and benefits in Title 11-D, that none of the above references
actions be hviemented. .
BE IT FURTHER RESOLVED that if the authority to use training funds for wages and benefits
is not received by Wednesday,, August 70, 1980, the Prime Sponsor shall proceed to issue layoff
notices to the 424 affected participants in Title. Vl,
Mr. Chairperson, on behalf of the Public Services Committee, i move the adoption of the
foregoing resolution.
PUBLIC SERVICES. COMMITTEE .
William T. Patterson, Vice Chairperson
Copy of Attachments on file in the County Clerk's Office.
Moved by Patterson supported by Roth the resolution be adopted.
AYES.: Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth, Wilcox, Caddell,
DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Kelly, Moffitt, Montpnte, Moore,
Moxley. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was .adopted.
Moved by Wilcox supported by Dtmaskiss the rules.be suspended for immediate consideration'
of the following resolutions:
Adoption of Revenue Bond Ordinance
Notice of Intent to Issue Revenue Bonds
Oakland Orion Sewage Disposal System
Moved by Perinofl supported by Price the. motion be amended to consider each resolution
separzAely-
AYES:
NAYS; Moxley,
The Chairperson interrupted the roll call.:
Discussion followed.
Vote on Mr. Perinoff's motion:
A sufficient majority not having voted therefor,:the mptipn failed.
Vote on Mr. Wilcox's motion:
AYES: Patterson, Peterson, Wilcox, Caddell, DiGioVaOnt; Doyen, Dunaskiss, Gabler,
Gorsline, Hobart; Kasper, Moffitt, Montente, Moxiey, Murphy ; POOP; (10 .
NAYS: Perinoff i Pernick, Price, Roth, Fortino, Kelly Moore. (7)
A sufficient tajority.having voted therefor, the motion carried.
Misc. 9517 •
By Mr. Wilcox
IN RE: ADOPTION OF REVENUE BOND ORDINANCE
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladles and Gentlemen:
WHEREAS the County Clerk presented maps prepared by Johnson and Anderson, inc., registered
professional engineers for the acquisition and construction of the so-called Oakland-Orion Sewage
Disposal System, together wth estimates of $4,850,000 a$ the cost thereof and 40 years and upwards
as the period of usefulness thereof, and also a Contract for Services, dated as of August 1, 1980,
between the County of Oakland and the Township of Orion pertaining to said System; and
WHEREAS it is necessary to adopt a Bond Ordinance for establishing the Oakland-Orion Sewage
Disposal System.
NOW THEREFORE BE IT RESOLVED that the following Ordinance be and the same is hereby
adoOted:
ORDINANCE
AN ORDINANCE TO PROVIDE FOR THE :ESTABLISHMENT, OPERATION:AND MAINTENANCE: OF THE OAKLAND -ORION SEWAGE
DISPOSAL SYSTEM TO SERVE AREAS IN THE TOWNSHW:OF ORION AND TOWNSHIP OF OAKLAND IN SAID COUNTY; TO
PROVIDE FOR THE ACQUISITION OF NEW AND THE CONNECTION TO EXISTING SEWAGE DISPOSAL FACILITIES AS A
PART OF SAID SYSTEM: TO PROVIDE FOR THE ISSUANCE AND SALEOF REVENUE BONDS TO DEFRAY THE COST
THEREOF.: TO PROVIDE FOR THE RETIREMENT AND SECURITY OF SAID BONDS: AND TO PROVIDE FOR OTHER MATTERS
RELATIVE TO SAID SYSTEM AND SAID BONDS
THE COUNTY OF OAKLAND, IN.THE STATE OF MICHIGAN ORDAINS:
Section l. Whenever used in this ordinance or in the bonds to be issued hereunder, except
when otherwise indicated by the context:
291
Commissioners Minutes Continued. August 14, 1980
(a) The term "County' shall be cOnstrued to mean the County of Oakland, a
division of the State of Michigan.
(b) The term "Board Of Commissioners" shall be construed to mean the Board of Commissioners
of said County of Oakland, the legislative and governing body thereof.
(c) The term "tbunty'Executi've" shall be construed to mean the elected County Executive in
the County acting pursuant to Act No, 139 of the Public Acts of Michigan of 1973, as emended; pro-
viding for an optional unified form Of goVerhment.
(d) The term "DepartMent Of Ptiblic: WOrks" Shall be construed to mean the department by
that name established by the County pursuant to said Act No. 139 and responsible to the County
Executive.
(e) The term "public corporation" shall be construed to mean the Township of Orion or the
Township of Oakland in the County ,or 'combination theneef, in whose corporate limits facilities of
the system or areas in the district are located and which have contracted or will contract with the
County with respect to the use of and peyment for the Oakland-Otien System. Each public corporation
will be sometimes described herein as "Orion' and "Oakland" resPectiVely.
(f) The term "Contract for Services" shall be construed to mean the contract to be entered
into between the County and Orion in form substantially as follows;
OAKLAND-01k4ON -SEWAGE DISPOSAL SYSTEM CONTRACT FOR SERVICES
This Contract was made and entered into as of the 1st day of August, 1980, by and between
the COUNTY OF °An-AM a 'Michigan Otionty corporation, aeting by and through its County Executive
and Department of Public Works, party of the first part, (hereinafter sometimes referred to as the
"County" and the "Department of Public Works"), and the TOWNSHIP OF ORION, a MiChigan township
corporation located in the County of Oakland (hereinafter referred to as the "Township"), party of
the second part, all in the State of Michigan.
WHEREAS the County is presently engaged in carrying out proceedings pursuant to Act No.
94 of the Michigan Public Acts of 1933-, as amended, to finance, conSt -rtIct and operate a sanitary
sewer as an extension of the Paint Creek Interceptor (herein sometimes called the "Interceptor")
in the Clinton-Oakland Sewage Disposal System (herein sometimes called the "System"), a sewage dis-
posal system established by the County pursuant to Act No. 185 of the Michigan Public Acts of 1957,
as amended, and more recently extended and enlarged by the County pursuant to Act No. 342 of the
Michigan Public Acts of 1939, as amended; and
WHEREAS the contracts and agreements among the'tounty and the Township and other units of
government in the County pertaining to the Paint Creek Interceptor in the Clinton-Oakland Sewage
Disposal System permit the County and the Township to acquire additional sewage disposal facilities
as extensions of and connections to said Interceptor and System within the designated service areas
and districts thereof; and
WHEREAS the County by Ordinance enacted by its Board of CoMmissioners and by resolutions
duly adopted, pursuant to the powers vested in it under the provisions of Act No. 94, Public Acts
of Michigan of 1933, as amended, will establish and finance the acquisition of the "Oakland-Orion
Sewage Disposal System" (hereinafter referred to as the "Oakland-Orion System") for the purpose of
collecting, transporting and disposing of sanitary sewage emanating from the areas and in the
facilities substantially as shown on Exhibit "A" hereunto attached and by this reference made a part
hereof; and
WHEREAS in said ordinanCe and/or r&SOIUtions the CoIihtY Executive and the Department of
Public Works under the County Executive will be appointed the agency of the County to supervise and
control on behalf of the County the construction and financing of all improvements, facilities and
services to be acquired and provided as part of said Oakland-Orion System, and the County shall
continue the operation and management of the Paint Creek Interceptor in the Clinton-Oakland Sewage
Disposal System for the transportation to and treatment of sewage by the tity of Detroit; and
WHEREAS the County will obtain maps, plans, designs, specifications and an estimate of
cost fOr said Oakland-Orion s.otelii (herein sonietiMes refereed to as the "project") to be prepared
by Johnson and Anderson-, inc., consulting engineers of Pontiac, Michigan, (hereinafter sometimes
referted to as the "Cehsulting Engineers"), which estimate of cost is set forth herein as Exhibit
"B" attaChed hereto and by this reference made a part hereof; and
WHEREAS under the provisions of Act 94-, Public Acts of Michigan Of 1933, as amentled, and
as authorized by Act NO .. 129 of the Public Fitts of Michigan of 1943, as aMended; Act No. 35 of
the Public Acts of Michigan of 1951, 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 customer and wholesale
user of the Oakland-Orion System for the payment by the Township to the County for the services pre-
vided by the Oakland-Orion System, including the cost of Cohstrbction and maintenance of said
project and of any other improvements and facilities to be acquired by said Oakland-Orion System,
from funds collected as rates and charges from the Users and beneficiaries of said Oakland-Orion
System; and
WHEREAS for the purpose of the public health, safety and welfare of the residents of
said Township and for the -general health, safety and welfare 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 dispose of sanitary sewage emanating from the areas in the Town-ship shown on Exhibit
"A"; and
ihti System and a part of the area to be
ned. wili be located in the Township of
lin,hnby an!ti also a participant in the
i; Svstem, and it is necessary and
residonts and property owners in said
tRise.s ahd the covenants of each, the parties hereto
iitieh
Commissioners Minutes Continued, August l4, 1430 292
WHEREAS parihipt tu Act S4, Prbi!
authorized and nerdt to issue s.,atig:,
to acquire said sewniae disposal facilii
improvements and facilities to be acqe:c
principal thereof and the interest Oloranti,
as aforesaid, to be received from the
Township obligates itself to Fklke as a genos
user of the Oakiand-Or ion System; on
WHEREAS a part of facilities of
served thereby, all as shown on Exhibi , "id' her
Oakland, a Michigan township corporation also I
Paint Creek interceptor and the Clintoe-Odfls
desirable to provide herein for the use of sdin
Township of Oakland.
NOW THEREFORE in consideration of ihe pr
agree as follows:
I. The County and the Township .:1D
facilities of and for the Oakland-Orion Svst
Interceptor and System, as set forth in tht
be acquired and constructed in the ndmier
plans, designs and specifications iharefbo.
adopt the maps, for the project hY tt
struct ion thereof, as described in the ',rem:dile
the Oakland County Board of Couvissigoors as
,ne confinm tHe acq!uisition of said sewage disposal
:ry ida rovements and extensions of the
to this contract, and agree that the same shall
s.diad pursuant to this contract and the maps,.
unynesS the Township Further hereby approve and
alting fog,neers and the estimated cost of con-
maps and estimate are filed with
Pt Ibis Contract. The Township hereby
of I amonded, the County is
tah pespost! of Otaining! itoney
iardsnrion System and any other necessary
j -isi System which bonds, both the
by 418 County solely out of the payments
.iner and wholesale user which payments the
od tax obligation as a customer and wholesale
expressly agrees to and permits, by the lpprovai anl of bhis Contract, the use of all
streets, alleys, public places and public,. Rightsrof -i4o5 onnirod for the location, construction and
maintenance of the facilities of the Oakland-Orion ! ;!.t.cri substantially as shown on the maps, plans
and designs therefor, including such beaiporary use thareef as may be reasonably necessary or desirable
for the cOnstructfon activities, which peririt shali endLre for the useful life of the said facilities.
2. The County agrees to collect sewage ems ietirt,! in the areas of the Oakland-Orion System
as shown on Exhibit "A" and to deliver it for sewage tiottitilt by means of the Paint Creek Interceptor,
and the Clinton-.0akland Sewage Disposal System to the City of Detroit, within the heretofore established
capacity limitations for the Paint Creek Interceptor,
3. After execution of this contract by the Township the County Executive and Department of
Public Works shall take the following steps:
a. File the maps, plans, designs and specifications for the project as obtained from the
Consulting Engineer with the Oakland County Board of Commissioners.
b. Submit to the said Board of Commissioners an ordinance voviding for the issuance of
revenue bonds in the aggregate principal amount of S4,850,000 (being the present estimated cost of the
project) maturing serially as autnorixed by law, over o period of approximately thirty (30) years,
the principal of which bonds and the inorcst thonnt:n wlif he payable solely From the revenues paid
the County by the Township as customer and who lot':.' user of sewage disposol services established and
in effect, from time to time, pursuant to i,his contract and the said ordinance in respect to such
bonds, and providing which bonds shall have such brovislens for redemption prior to maturity and other
features, permitted by applicable law, as shell be determined in said ordinance. The aggregate princi-
pal amount of the bonds to be issued will be increased or decreased, as the case may be. because of
revisions in the estimated cost of the project, or will be decreased if other funds become available
to defray part of the cost of said project:
c. After the Board of Commissioners of Oakland County b8s adopted the bond- ordinance, the
County Executive and Department of Public Works will take al: necessary procedures to obtain from
the Municipal Finance Commission of the State of Michigan the. approval necessary to the issuance and
sale of the bonds, to obtain construction bids !'or the pmoject, and to enter into construction
contracts, subject to the sale of bonds, With the lowest responsible bidders, and to sell and deliver
the bonds in the manner authorized by law.
cia Complete the project and operate used maintain the sewage disposal facilities. of the
Paint Creek Interceptor and of the Clinton-Oakland Sewage Disposal System for transportation and
treatment of sewage collected in the Onkiend-Drien System and render services herein described to the
County and the Township for the term ot this Contract.
The term "cost" as used Herein shall be construed to include this cost of all physical structures, the
acquisition of ail lands, labor and materials, necessary to acquire and construct Oakland-Orion System,
plant, engineering and legal fees, adminiSdration and lrispection expenses, capitalized interest
during the period of construction, financing costs, a reasonable amount for construction contingencies
and for reserves, and any other costs incident to the acquisition and financing of the project.
4, it is understood and agreed by the parties hereto that the Oakland-Orion System is to
serve the designated area in the Township and through the Township to servo its residents and citizens
as individual customers and users. The portions of the Oakland-Orion System located in the Township
of Oakland shall be available to serve through that !township its individual customers and users In
the designated service area. When castor-ens and users in the Township of Oakland are connected
through that Township to the facilities of the. Oaltland-Orion System, the County shall collect con-
nection and service charges from the Township of Oakland in amounts proportionate to and not less
than those charged or collected from the Township of Orion under this Contract. Before connections
are permitted or laacie in the Township of Oahland,! said Township and the County shall enter into a
Contract for Services siMilar to this Contract for use of the Oakland-Orion Sytem in which the said
charges are provided and in which credit to or proportionate reduction of the obligations of the
253
Commissioners Minutes Continued. August 14, 1580
Township of Orion under this Contract is also provided. The proportion to be assigned to the
Township of Oakland shall be hereafter agreed upon by Orion and County if and when Oakland requests
the right to use the Oakland-Orion System, The County shall not be obligated by this contract to
serve any area of the Oakland-Orion System shown on Exhibit 'A", or to construct any improvements
or facilities other than those described in the maps, plans, designs and specifications approved
and adopted by the parties hereto.
5. After completion of the project and payment of all costs thereof, any surplus
remaining from the sale of the bonds therefor or otherwise may be used to purchase such bonds on
the open market or may be used to redeem bonds or to improve, enlarge or extend the Oakland-Orion
System as provided in the revenue bond ordinance adopted by the County. Any bonds so purchased or
redeemed shall be canceled.
6. If the proceeds of the sale of the revenue bonds to be issued by the County to defray
the cost of the project are for any reason insufficient to complete the project in accordance with
the plans and specifications therefor, the County shall, if the bond ordinance so provides, issue
additional bonds in an amount necessary to provide funds to complete the project. in lieu of the
issuance of such additional bonds, any other method may be agreed upon by the County and the Town-
ship to provide the necessary funds to complete the project. Other additional bonds may be issued
as provided in the bond ordinance.
7. This contract is contingent upon the County issuing its negotiable revenue bonds as
set forth in subdivision (b) of paragraph 3 of this contract, to defray the estimated or, if known,
the actual cost of the project, which bonds shall be issued under the authorization provided in said
Act No. 94, Public Acts of Michigan, 1933, as amended. The proceeds of the sale of the revenue
bonds, except premium and accrued Interest, shall be used solely to defray the cost of the project
including capitalized Interest on said bonds for the period of construction and capitalized reserves,
if any.
8. The Township shall pay to the County, as a customer and wholesale user of the Oakland-
Orion System, a wholesale rate and charge in amounts and on the dates set forth on Exhibit "C",
attached hereto and by this reference made a part hereof, on account of the revenue bonds issued by
the County to finance and acquire said System. The amounts scheduled on Exhibit "C" are calculated
to include items of expense as follows:
a. Installments of payments equal to 1003 of principal of and interest on the revenue
bonds of the County, exclusive of accrued interest paid by the purchaser and of capitalized interest.
b. Installments of payments to reserves as provided in the revenue bond ordinance of
the County, exclusive of capitalized reserves.
c. Installments of expenses of the County for administration of the Oakland-Orion System
and of its revenue bonds issued to finance same.
9. 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 on Exhibit "C" made necessary by reason of increased
costs of the Oakland-Orion System and/or increased amounts of revenue bonds issued by the County or
made necessary by reason of increases in item 8.c. above.
b. Payments required to replace or replenish funds spent from Or taken out of any
reserves as provided in the revenue bond ordinance(s) of the County.
c. Payments required for emergency repairs to or replacement of facilities of the
Oakland-Orion System.
d. Sewage disposal and operation and maintenance costs of the Paint Creek Interceptor and
the Clinton-Oakland Sewage Disposal System as established from time to time by the County.
In addition, the Township has agreed herein, as lessee, to pay or to provide for payment
of general expenses of maintenance of the Oakland-Orion System and of its operation and use to pro-
vide sewage disposal services in the Township. The Township hereby pledges its full faith and credit
supported by the pledge of limited taxes only, in support of its general obligation hereby created
to make payments to the County as provided in this Contract and agrees in each year to provide in
its general fund budget, as a first budget priority, for the payment of its obligations as set forth
in and incurred pursuant to this Contract and especially Exhibit "C" thereto.
10. If the Township does not make the payments herein provided within 30 days after due
date specified, then there shall be added to such charges a penalty of one per cent (1 14 for each
month or fraction thereof for which the same remain unpaid. It is specifically recognized by the
Township that the payments required to be made by it pursuant to Exhibit "C" of this contract are
to be pledged for the payment of the principal of and interest on revenue bonds to be issued by
the County, subject to the transfer of part of payment obligation to the Township of Oakland, as
herein provided, and the Township covenants and agrees that it will make the required payments to
said County promptly and at the times herein specified, without regard as to whether the project
herein contemplated is actually completed or placed in operation. The County shall have the right
to utilize any method permitted by law for the collection of such rates and charges due said County
under this contract.
II. In the event that said Township shall fail for any reason to pay the County at the
time specified, the amounts herein required to be paid, the County shall immediately notify, 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 if such default is not corrected within ten (10) days after such
notification, the State Treasurer or other official charged with the disbursement of funds to said
Town-Ship derived from the State sales tax levy under the provisions of Act 167, Publie Acts of
Commissioners Minutes Continued. August l4, P980 794
Michigan, 1933, as amended, and returnable to said Townshippursuant to the Constitution of michigan,
or derived from any other funds payable by the •State to the Township, shall, upon the basis o this
contract and the covenants and agreements of the Townshtd, withhold sufficient funds to make up any
such default or deficiency from the ..aoneys derived from said State sales tax levy then on hand or to
be r2ceived, or other funds in the hands or the Slate add which are returnable to such Township.
12. upon completion of the Oakland-Orion System the County does hereby lease the same to
the Township to operate and maintain the same upon the following terms and conditions:
(a) The facilities shall be used and operated by the Township in compliance with all
contractual and legal obligations applicable to the Township, and the Township expressly covenants
and agrees to comply with the provisions of U.S Public Laws 92-500 and 95-217, the Federal rules and
regulations: thereunder, and the rules ; regulations and orders of the Michigan Department of Natural
Resources all of which are applicable to the System.
(b) The Township., at its own expense, shall maintain said facilities in good condition and
repair to the satisfaction of the County. The County shall have the right to inspect the said
facilities at any time and if said facilities or any part thereof are not in a state of good con-
dition and repair, then the County shall notify the Township in writing as to any deficiency. If the
Township shall fail to restore the facilities to a good condition and repair with i n a reasonable time
thereafter, then the County shall have the right to perform the necessary work and furnish the
necessary materials, and reimbursement For any expense incurred by the County shall be made by the
Township to the County within thirty (30) days after the expense has been incurred.
(c) The Township shall adopt and continue in existence and shall enforce an ordinance or
ordinances concerning the .connections of premises in the Township to the facilities and concerning
the use of and the payment of charges for the use of the facilities.
(d) The Township shall make and collect from the individual users of the facilities such
charges for sewage disposal service as shall he sufficient to pay the cost of the operation and
maintenance of the facilities, the cost of sewage disposal charges required to be paid by the Town-
ship, and to establish suitable reserves for operation anti maintenance. Such charges may also include
an amount determined by the Township to be used to meet the obligations of the Township to the County
under this Contract and other contracts with the County for sewage disposal services ahd
The Township shall enforce prompt payment of all such charges as the same shall become due.
(e) The Township shall secure and maintain adequate property damage and public liability
insurance covering all facilities hereby leased to it by the County. All policies of insurance shall
provide that the Township and the County shall be insured parties thereunder and shall contain a
provision requiring that the County be notified at least ten days prior to cancellation thereof. One
copy of each policy of insurance shall be filed with the County.
The Township agrees to lease the project from the County upon the foregoing terms and
conditions and for the period of this Contract and agrees to pay the sum of $1.00 per year on
January 1st of each year commencing January 1, 1982, and in addition to perform its covenants and
agreements set forth in this Contract as a rental for said project.
13. The Township reserves the right to establish rates and charges to be collected from
its individual users in an amount sufficient to pay its obligations hereunder and its expenses of
operation and maintenance of the Oakland-Orion System, as lessee thereof. Such rates and charges
may be fixed and established, from time to time, in such amount as will produce additional moneys
for such Township to be used for any lawful purposes.
14. It shall be the obligation of the County to provide the Paint Creek Interceptor and
the Clinton-Oakland Sewage Disposal System to transport sewage to the treatment source but only to
the extent of the capacity limits and other provisions of its agreements pertaining thereto. All
direct connections of private property to said Oakland-Orion System shall be only by permit obtained
from the Township, as provided by ordinance or resolution of said Township, and upon payment of a
fee or charge as provided in said Township ordinance. The Township shall not construct or permit
the construction of any sewage treatment plant or facility within the area of the Oakland-Orion
System without the approval of the County, which approval shall not be granted unless the same will
have no effect upon the security and payment of the revenue bonds to be issued by the County,
15, The County shall have the right to deny the use of the Oakland-Orion System to the
Township if it shall be delinquent for a period of ninety (90) days in the payment of any rates and
charges due from it or if said Township shall in any other manner be in default under this contract.
The foregoing may he accomplished by any lawful means, while such delinquency or default continues.
16. The Township shall be responsible for the character of the sewage originating therein
and shall comply with the Countyls standards and regulations controlling the discharge of industrial
and/or commercial type wastes into the Oakland-Orion System or the Interceptor or the System or the
Detroit treatment facilities. If the character of sewage contributed from the Township shall be such
that it imposes an unreasonable additional burden upon any part of said disposal systems, then an
additional charge shall be made over and above the regular service charge, or it may be required
that such sewage be treated before being emptied into said disposal systems or the right to empty
said sewage into said disposal systems may be dented, if necessary, for the protection of the public
health and safety.
17. The parties hereto each recognize that the holders from time to time of the revenue
bonds issued by the County under the provisions of Act No. 94, Public Acts of Michigan, 1933, as
amended, and secured by the pledge of the revenues, as set forth in this contract, will have con-
tractual rights in this contract and it is therefore covenanted and agreed by each of them that so
long as any of said revenue bonds Shall remain outstanding and unpaid, the provisions of this contract
295
Commissioners Minutes Continued. August 14, 1980
shali not be subject to any alteration or rec./islet -1 which Would in ahy manner affect either the
security of the revenue bonds or the prompt payment of principal or interest thereon. The parties
hereto further covenant and agree that they will each comply with their respective duties and
obligations under the terms of this contract promptly, at the times and in the manner herein set
forth, and will not suffer to be done any act which would in any way impair the said revenue bonds,
the security therefor, or the prompt payment of principal and interest thereon. It is hereby
declared that the terms of this agreement insofar as they pertain to the security of any such
revenue bonds, shall be deemed to be for the benefit of the holders of said revenue bonds.
18. In the event that the Township shall change its corporate status or change its
boundaries by annexation, consolidation, detachment, incorporation or otherwise, it is understood
and agreed that the rights of such Township to services as herein provided for the area in the
0akland70rion System and the obligation of such Township to pay therefor pursuant to this contract,
shall be assets and liabilities, respectively, of such Township to be divided and assumed in accord-
ance with the law then in effect pertaining thereto
19. This contract shall become effective upon proper execution by the authorized officers
of the Township and by the County Executive on behalf of the County, and shall be binding upon the
successors and assigns of each party. This contract shall terminate forty (40) years from the date
hereof. This contract may be executed in several counterparts. The charges and rates herein pro-
vided shall become and be effective on August 1, 1980.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and
delivered by their respective dilly authorized officers, all as of the day and year first above
written.
COUNTY OF OAKLAND
on behalf of the Oakland-Orion Sewage Disposal System
By
County Executive
TOWNSHIP OF ORION
By
Supervisor
And
Township Clerk
";"
§ P
"-Z
\ EXISTING PAINT CREEK
INTERCEPTOR SEWER
SCRWS
DISTRICT
LIMITS
DISTRICT i
LIMUS
L.BROWN
0,11_ Hill, ORION .
iff. SEWAGE
(DISPOSAL
SYSTEM
EXHIBIT "A" JULY 28. 1980
Cofmissioners Minutes Continued. AugOst 14, 1980 296
OAKLAND-ORION SEWAGE DISPOSAL SYSTEM
JOHNSON 0 1ND4RSON, INC,
297
CommiSsioners Minutes Continued. August 14, 1980
7/25/00
OAKLAND-ORION SEWA(;M DISPOSAL SYSTEM
ESTIMATE OF COST
Construction Cost $2,520,212.00
Contracted Services - Project Development:
Consulting Engineer
Soil Borings
226,523.00
12,000.00
Legal and Financial Services:
Legal Services 16,200,00
Contracts with private users 4114
Township Ordinances 3.000.00
Financial Consultant . 10,925.00
Bond Prospectus 2,soo.o0
Bond Printing 1,000,00
Publication 2,500700
County Services - Project Development:"
Engineering 117,066.00
Easement Acquisition 150,000-.00
Construction :Inspection 151,200.00
Administration 38,002,00
Soil Erosion Permit 1,850,00
Administration, Orion Township 10,000.00
Capitalized Reserve 500,000,00
Contingency 238,274.00
Estimated Capitalized Interest
(7/1/81; 1/1/82 & 7/1/82)
Total Project Cost
I hereby estiMate the period of usefulness of this facility tO be
forty (40) years and upwards.
848 ,750 .00
$4,850,000.00
EXHIBIT "B"
Commissioners Minutes Continued. August 14, 1980 298
OAKLANDOKION SEWAGE DISPOSAL SYSTME
Schedule of Annual Payment
Principal Payment
Year June 1
1982 $ 100,000.00
1983 100,000.00
1984 100,000.00
1985 100,000-00
1986 150,000.00
1987 150,000.00
1988 150,000.00
1989 150,000.00
1990 150,000.00
1991 150,000.00
1992 150,000.00
1993 150,000.00
1994 150,000.00
1995 150,000.00
1996 150,000.00
1997 200,000,00
1998 200,000.00
1999 200,000.00
2000 200,000.00
2001 200,000.00
2002 200,000.00
2003 200,000.00
2004 200,000.00
2005 200,000.00
2006 200,000.00
2007 200,000.00
2008 200,000.00
2009 200,000.00
2010 200,000.00
Total $4,850,000.00
In addition the Township shall pay on June 1 and December. 1 to the
County interest (not capitalized) on the unpaid installments scheduled above
at the rate at which interest is due on the revenue bonds of the County plus
paying agent fees and other bond administration costs payable by the County.
EXHIBIT "C" 7/25/80
(g) The term "project" shall be construed to. mean: the facilities of the Oakland-Orion
Sewage Disposal System and related facilities to bp acquired pursuant to this ordinance.
(h) The term "acquired" shall be construed to include acquisition by transfer, purchase,
construction or by any other method,
(i) The term "Oakland-Orion System" and "System" shall be construed to mean Oakland-Orion
Sewage Disposal System, as hereinafter described, and tp include ail .plants-, works,' Instrumentalities
and properties (as same shall from time to time exist), used or useful in connection with the
providing of sewage disposal facilities and services in Orion and Oakland by the County as extensions
of the Paint Greek Interceptor and the ClintonrOakiand Sewage Disposal System now existing and as
herein described.
(j) The term "district" shall be deemed to refer to the service area of the OalJand-Orion
System which is hereby established and is described in the Contract for Services hereinabove set
Forth and by this reference made a part hereof.
(k) The term "revenues" and "net revenues" shall be construed as defined in Section 3 of
Act No. 94, Michigan Public Acts of 1933, as now. amended..
Section 2. The Board of Commissioners of the County of Oakland hereby determines to
establish and finance by the issuance of revenue bonds a sewage disposal system to serve the district
in said County as described in the Contract for Services and hereby gives to the said sewage disposal
system the name "Oakland-Orion Sewage Disposal System" and to the district to be served thereby the
name "Oakland-Orion Sewage Disposal District", which said Oakland-Orion System shall be acquired,
improved, enlarged and extended 1.11 the County acting throuqh its County Executive and Department of
Public Works under the control of its Board of Commissionars, pursuant to Act No, 94 of the Public
Acts of Michigan of 1933, as amended, and Act No. 139 of the Public Acts of Michigan of 1973, as
299 •
Commissioeers Minutes Centinued. August 14, 1980
amended. The Oakland-Orion System Shall be ,Itquired and placed:4n Operation as provided in the
Contract for Services and shall be connected to the existing Paint Creek Interceptor and Clinton-
Oakland Sewage Disposal System serving the district pursuant to the contrattual or other arrange -
ments or rights by which the County has heretofore agreed with Orion and Oakland to render services
to residents in said disteitt by the uSe of existing County sewage disposal systems, and the County
Executive and Department of Public Works are hereby directed to establish, acquire and finance
said Oakland-Orion System by acquiring the sewage disposal system and facilities described in the
map and in the estimate of cost pi-Oared under the direction of Johnsen and Anderson, Inc.,
registered professional engipeers'ahd attached to the Contract for Services as Exhibit A and Exhibit
B and by this reference made a part hereof, such acquisition to be substantially in accordance with
further maps, plans, designs and specifications to be prepared under the direct ion of said Johnson
and Anderson, Inc., registered professional engineers. Upon completion of said preject the County
Executive and Department of PublicWorks shall turn the same over to Orion, as lessee, to operate
and maintain the same to sup•Oly sewage disposal services to said district in compliance with the
Contract for Services and subject to the provisions therein pertaining to Oakland which is not now
a party thereto.
Section 3. The CauntyddeS hereby adopt the said engineer's estimate of forty years and
upwards as the period of usefulnesS af said project and also the said engineer's estimate of Four
Million Eight Hundred Fifty Thousand Dollars ($4,850,000) as the cost of said project, bath of which
estimates are on file with the Minty Clerk.
Section 4. There are :hereby authorized to be issued and sold pursuant to the provisions
of Act No. 94, Michigan Public ACtSeCif 1933, as amended, revenue bends in the aggregate principal
sum of Four Million Eight Hundred Fifty Thousand Dollars ($4,850,000) for the purpose of defraying
the cost of the said project Said bonds shall be khowrr as County of Oakland "Oakland-Oeion Sewage
Disposal System Revenue Bends"P, Shall be dated as of October 1, 1980; shall be numbered consecu-
tively in the direct order of their maturities from 1 to 970, both inclusive: shall be coupon bonds
in the denomination of $5,000 each; Shall be registrable as to principal only, in the manner here-
inafter set forth in the bond farh; Shall bear interest at a rate or rates to be hereafter determined
not exceeding 102 per annum,'paYable On July 1, 1981, and thereafter semi-annually on the first days
of January and July in each year; and shalt mature oh July first ih each year as follows:
1982 $100,000 1989 - 150,000 1996 'e 150,000 2003 - 200-,000
1983 - 100,up 150,000 1997 ' 200,000 2004 - 200,000
1984 - 100,000 - 150,000 1998 - 200,000 2005 - 200,000
1985 - 100,000 1992 - 150,000 1999 - 200,000 2006 - 200,000
1986 - 150,000 1993:: - 150,000 2000 - 200,000 2007 - 200,000
1987 - 150,000 1994— 150,000 2001 - 200,000 2008 - 200,000
1988 - 150,000 1995 - 150,000 2002 , 200,000 2009 - 200,000
2010 - 200,000
The bonds of said issue maturing in the years 1990 theu 2010, shall be subject to redemption prior
to maturity, at the option of the County, in any order, on any one or more interest payment dates
on and after July 1, 1989. Each bond called for redemptiOn shall be redeeMed at the par value
thereof and accrued intereSt, phis a premium ih accordance With the fallowing schedule, to-wit:
$250 if called to be redeemed on or after July I, 1989; but prior to July 1, 1994
$200 if called to be redeemed oh or aftee July 1, 1994, but prier te July 1, 1998
$150 if called to be:redeemed on t:se after July 1, 1998; but prier la duly 1., 2002
$100 if called to be redeemed on or after July 1, 2002, but prior te July 1, 2006
$ 50 if called to be redeemed on or after July 1, 2006, but prioe to maturity.
Notice of redemption shall be given to the holders of the bonds to be redeemed by
publication of such notice not less than thirty (30) days prior to the date fixed for redemption at
least once in a newspaper or publicatitM1 cirtelated id the City of Detroit, Michigan, Which carries
as a part of its regular service, flatlet§ of the sale Of Municipal Pi;ovided, that where any
bond shall be registered, then notice of the redemptioh thereof shall be given by registered or
certified United States mail addressed to the registered holder thereof at the address shown on
the registration books of the paying agent, which notice shall be mailed net less than. thirty (30)
days%prior to the date fixed for redemption. Bends SO called for redemption shall hot bear ihterest
after the date fixed for redemption, provided funds are on hahd with the paying agent to redeem the
same:'
The principal of said bonds and the ihtereSt thereon shall be payable in lawful money of
the United State of America at such bank or trust coMpahy which qualifies as paying agent under
Federal or Michigan law and is designated by the Original purchaser of the band5, upon presentation
and surrender of Said bonds and attaChed cOUPOeta at they Severally Mature.
Section 5, The Chairmah of the Board of Commissioners and the County Clerk of Oakland
County shall execute said bondS for and On behalf Of the County (by respectively signing and counter-
signing the same) and the County Clerk of said County shall affix the seal Of the County thereto.
The Chairman of the Beard of Commissioners and the County Clerk Of Oakland County shall execute the
interest coupons to be attached to said bonds by causing to be affixed thereto their fatsimile
signatures. The Treasurer Of the County Of Oakland shall deliver said bonds and attached coupons
to the purchaser thereof as hereafter determined by the CoUhty ExecUtiVe and Department of PUbliC
Works of Oakland County, upon receipt Of the purchase price therefor.
Section 6. The bonds herein abthoeized Shall be said ;h the manner provided ih Section 12
of Act No. 94, Michigan Public Acts of 1933, as aMended.
Commissioners Minutes Continued. August 14, 1980 300
Section 7. Said bends and attached coupons shall not be a general obligation of the
County or of a public corporation and shell not be an indebtedness of the County or of a public
corporation within any state constitutional provision or statutory limitation. The principal of
and interest on said bonds shall be payable solely from the net revenues derived from the operation
of the system, including future improvements, enlargements and extensions thereof as provided in the
Contract for Services, except as provided in Section 20 hereof. To secure the payment of the
principal of and interest on the bonds issued hereunder (and on any additional bonds of equal standing
issued as hereinafter provided), there is hereby created in favor of the holders of said bonds and
the interest coupons pertaining thereto, and each of such holders, a first lien (by said Act No. 94,
Michigan Public Acts of 1933, as amended, made a statutory lien) upon the net revenues from the said
system, including ftiture improvements, enlargements and extensions thereof as provided in the Contract
for Services. The net revenues so pledged shall be and remain subject to said lien until the payment
in full of the principal of and interest on said bonds.
Section 8. The holder or holders of any of the bonds or interest coupons herein authorized
to be issued, Shall have all the rights and remedies given by law and particularly by said Act No. 94,
Michigan Public Acts of 1933, as amended, for the collection and enforcement of said bonds and coupons
and the security therefor, including the right to have a receiver appointed for the system in event
of default on the part of the County in the performance of the terms of the bond contract or on the
part of any public corporation in the performance of the terms of the Contract for Services.
Section 9. The system shall be operated upon the basis of a fiscal year which is the same
as the calendar year. The system shall be established, acquired, operated and maintained to serve
only public corporations in the County, as named herein, and which have contracted with the County
for services from the system by a Contract for Services substantially in the form set forth in the
preambles to this Ordinance. Such Contract provides that each public corporation will provide
services to the individual users and residents in its corporate limits and will establish by ordinance
the rates, charges-, use requirements and restrictions applicable to such services. Each public
corporation in the Contract for Services assumes the obligation to establish in its ordinance
adequate rates and charges and service regulations to pay the cost of operation and maintenance of
the System by it as lessee and to make the payments to the County as provided and required in the
Contract for Services. Each public corperation shall operate and maintain the facilities of the
System as lessee in that part of the district in its jurisdiction and shall supervise connection
to and use of the facilities and the billing and collection of charges, fees and rates unless it
is provided in an operating agreement for the performing of such functions by the County Executive
or Department of Public Works. NotWithstanding the foregoing. Orion shall, as lessee, operate and
Maintain all of the facilities of the Oakland-Orion System wherever located until such time as
Oakland shall enter into a Contract for Services and the County and Orion shall thereupon other-
wise agree.. The administration and management of the System at the County level shall he under
the immediate supervision and control of the County Executive and Department of Public Works of
Oakland County or such other officer or board as shall be designated or created by the Board of
Commissioners and subject to its control.
Section 10. Charges for sewage disposal service to each public corporation in Whose
corporate limit are located premises within the district connected to the Oakland-Orion System
shall be in accordance with the contract for Services herewith entered into by Orion with the
County dated as of Aueust 1, 1980. Sewage disposal services shall be rendered to and charges
for services shall be made against the oecuplers of premises within the district in accordance
with Ordinances adopted by Orion and/or Oakland. Charges for sewage disposal services to each
public corporation and premises in the district connected to the Oakland-Orion System shall
create a lien and shall be collected as provided in the said Contract for Services and the
Ordinances. All of the foregoing, Contract for Services, resOlutions and/or Ordinances and any
amendments thereto heretofore or hereafter adopted, are hereby referred to as the means by which
rates for services by the Oakland-Orion System are fixed and established.
Section 13. No free service shall he furnished by the system to the County or to any
person, firt or corporation, public or private, or to any public agency or instrumentality.
Section 12. Charges for services furnished by the system to any premises shall be a
lien thereon, which liens are enforceable by each public corporation as provided in the Ordi-
nances adopted by each public corporation, ,q1,0 any amendments thereto.
Section 13. The charges established in the Contract for Services are calculated to
be sufficient to provide for the payment of the estimated expenses of the administration of the
System and of the transportation and treatment of sewage from the System by the Paint Creek
Interceptor and the Clinton-Oakland Sewage Disposal System; to provide for the payment of the
interest upon and the principal of all bonds payable therefrom, as and when the same shall be-
come due and payable, and for the creation of a reserve for the payment of principal and in-
terest as retitlired in this ordinance; and to provide rer such other expenditures and funds for
the System as are required by this ordinance, and that charges shall be fixed and revised from
time to time by the County so as to produce the foregoing amounts. The Contract for, services
also provides that Orion shall operate and maintain the System, as lessee, and the County and
each public corporation covenant and agree that at all times such rates for services furnished
by the System and other payments to be made and functions to be performed by Orion shall be
sufficient to provide for the foregoing in addition to 011 expenses of operation, administration
and maintenance incurred by each public corporation with respect to the facilities of the system
located in its corporate limits.
301
Commissioners Minutes Continued. August 14, 1980
Stttioh 14. The revenues Of the SySteM are hereby pledged few the purpose of the
following funds, and as collected shall be set aside into a fund to be known as the "Receiving
Fund" of the system, and shall be transferred therefrom periodically into separate and special
funds, as follows:
1. Operation and Maintenance Fund. Out of the revenues in the Receiving Fund,
there shall be first set aside in each quarter into a fund to be designated "Operation and
Maintenance Fund", a sum sufficient to proVide for the payment for the next quarter of all
current expenses of administration by the County on account of the System. The term "current
expenses of administration" shall be construed to include all reasonable and necessary costs
incurred on account of the issuance and payment of the bohds and a proportionate share of the
cost of operating the County Executive and Department of Public Works (including without
limitation salaries, supplies and rent) as determined on the basis of actual cost as described
in the Contract for Services, but shall exclude depreciation and payments into the Bond and
Interest Redemption Fund.
2. Bond and Interest Redemption Fund. Out of the remaining revenues in the Receiving
Fund, there shall be next set aside each quarter into a fund to be designated "Bond and interest
Redemption Fund", a sum proportionately sufficient to provide for the payment as the same become
due of the next maturing principal and interest on each issue of bonds then payable from the rev-
enues of the System: Provided, that the amount so set aside for interest on the bonds herein
authorized, in each quarter during the first six (6) months of each fiscal year, shall not be less
than one-half (1/2) of the total amount of interest (not capitalized) maturing on the following
July first, and during the last six (6) months of each fiscal year shall not be less than one-half
(1/2) of the total amount of interest (not capitalized) maturing on the following January first, and
the amount so set aside for principal on the bonds herein authorized, in each quarter during each
fiscal year, shall not be less than one-fourth (1/4) of the amount of principal maturing on the
July First immediately following such fiscal year, and if there shall be any deficiency in the
amount previously set aside, then the amount of such deficiency shall be added to the current
requirement. There is hereby appropriated from the proceeds of the bonds for the purpose of
creating a reserve in said Bond and interest Redemption Fund, for the bonds herein authorized, the
sum of $500,000. If at any time said reserve shall be less than $500,000, then there shall be set
aside in said reserve quarterly a sum sufficient to restbre said reserve to $500,000 at the earliest
possible time. If any additional bonds of equal standing shall be issued, the authorizing ordinance
shall provide for a comparable reserve therefor. Moneys in said Bond and Interest Redemption Fund
may be used for the redemption of bonds: Provided, that except in case of refunding, no bonds of
any issue less thdn all the outstanding bonds of said issue, shall be called for redemption unless
the County shall have on hand in said fund sufficient moneys therefor not otherwise appropriated or
pledged, in excess of the amount of interest and principal inaturing on all issues of bonds then
payable from the revehues of the system within the next eighteen (18) months from the redemption
date, and for the purpose of determing the amount on hand, moneys in the reserve shall not be
considered as appropriated or pledged. In any case where moneys are available for the redemption
of bonds, such moneys may be used instead to purchase bonds oh the open market at the best price or
prices obtainable, but not in excess of the then redemption price. When the principal amount owing
upon any bonds shall be reduced to the amount of the reserve therefor, then the principal of such
bonds shall be paid from such reserve. In respect to the allocation and use of moneys in said Bond
and Interest Redemption Fund, due recognition shall be given as to priority rights, if any, between
different issues or series of outstanding bonds.
The Contract for Services between the Couhty and Orion provides for the creation and
maintenance by Orion of a replacement fund and a surplus fund and for the use of each of said funds
in connection with the System and with the obligation of the public cooperation with respect to the
system.
No disbursements shall be made frOM said Receiving Fuhd ekcept to the special funds as
above provided.
Section 15. In the event that moneys in the Receiving Fund are insufficient to provide
for the current requirements of the Operation and Maintenance Fond or the Bond and interest
Redemption Fund, the County shall call upeh the public corporations as provided in the Contract for
Services to make payment to the County to the extent of any deficits therein. Any amount so trans-
ferred shall come from the replacement fiihd and surplus fund created by each public corpbeation
pursuant to the Contract for Services.
Section 16. All moneys in the several funds of the System, except those in the Bond and
interest Redemption Fund, shall be held bY the County Treasurer of Oakland County. All moneys from
time to time in the Bond and Interest Redemption Fund (including reserve moneys) shall be kept on
hand with the bank or trust company at which the principal and interest on the herein authorized
bonds are currently payable. Moneys in the Bond and Interest Redemption Fund, over and above those
being accumulated for the payMent of the het maturing principal and interest, and moneys in any
other fund may be invested as authorized by law. in the eVent of any such investment, the securities
representing the same shall be kept With the fund from which such purchase was made and the income
therefrom shall become a part of such fund.
Section 17. The County hereby covenants and agrees with the holder or holders, from time
to time, of the bonds herein proposed to be issued, that it will punctually perform all duties with
reference to the system and said bohds required by the constitution and law S of the State of
Michigan and by this ordinance; that it will acquire the project herein provided for in substantial
Commissioners Minutes Continued. August 14, 1980 302
accordance with the maps, plans and specifications hcreinbefore referred to, and will have the same
in operation on or before the 1st day of December, 1982; that it will not sell, lease, mortgage or in
any manner dispose of the system or any substantial part thereof except to the public corporation in
which located, and not until all bonds payable from the revenues thereof shall have been paid in full
or provision shall have been made by deposit of cash or United States Government obligations in amount
sufficient to pay all said bonds and the interest thereon at a call date or at maturity; and that it
will not permit any person, firm or corporation to compete with it in the furnishing of sewage
disposal services to premises within said Oakland-Orion District. Said County further covenants and
agrees with the holders of said bonde that it will cause the public corporations to maintain said
System in good condition and to operate the same ih an efficient manner and at a reasonable cost, so
long as any of said bonds are outstanding; that it will maintain or cause to be maintained insurance
on the System for the benefit of the holders of said bonds in an amount which usually would be carried
by private companies engaged in a similar type of business; that it will prepare, keep and file such
records, statements and accounts as May be required by Act No. 94, Michigan Public Acts of 1533, as
now or hereafter amended; that it will promptly file with the original purchasers of said bonds a
copy of each annual statement which it is required to file with the Municipal Finance Commission
within six months after the close of each fiscal year; and that it will furnish a copy of the fore-
going statement to any bondholder upon payment of the actual cost of such copy. Any such statement •
shall be in such reasonable detail as will present the full financial condition of the System to the
holders of bonds and shall include comments on the manner in which the System's management has
complied with the provisions of this ordinance in respect to the several funds of the System.
Section 18. While any of the bonds herein authorized to be issued shalt be outstanding,
additional bonds payable from the revenues of the System may be issued which shall have an equal
standing herewith in the manner and to the extent provided in the Cohtract for Services with the
public corporations which includes the right to issue additionalbonds of equal standing in a sum not
to exceed Four Hundred Eighty Five Thousand Dollars ($485,000) for the completion of the project here-
, in described in event the bonds herein authorized shall prove to be insufficient therefor and the •
right to Issue additionalbonds payable from the net revenues of the System for the purpose of im-
proving, enlarging and/or extend iO4the System, or for the purpose of refunding these bonds or any
other bonds payable from the revenues of the System, all as provided by law, which bonds when issued
shall have equal standing with the bonds herein authorized; provided, that the public corporations in
whose corporate limits the improvements, enlargements or extensions are located shall have amended
or supplemented the pertinent Contract for Services or contracts to provide for charges to users and
for payments to the County in amounts required pursuant to Section 13 hereof for all outstanding bonds
and for such additional bonds then being issued. No such additional bonds shall be issued if the • County shall then be in default in making any payments -Co the Operation and Maintenance Fund or the
Bond and interest Redemption Fund: Permission by the Municipal Finance Commission of the State of
Michigan (or such other state commission or agency as shall have jurisdiction over the isSuance of
municipal bonds) to issue such additional bonds shall constitute a conclusive presumption of the
existence of conditions permitting the issuance thereof.
Section 19. The bonds and attached coupons herein authorized to he issued, shall he sub-
, stantially in the following form, to-wit:
UNITED STATES OF AMERICA - STATE OF MICHIGAN - COUNTY OF OAKLAND
OAKLANU-ORION SEWAGE DISPOSAL SYSTEM REVENUE BOND
Number $5,000
KNOW ALL MEN BY THESE PRESENTS, that the County of Oakland, Michigan, hereby acknowledges
that it is indebted and for value received promises to pay to the bearer hereof (or if this bond be
registered, to the registered holder hereof) the sum of
FIVE THOUSAND DOLLARS
on the fist day of July, A.D. 19 , and to pay interest thereon at the rate of
) per centum per .annum from the date hereof until paid, said interest being payable on
July 1, 1981, and thereafter semi-annually on the first day of January and July in each year, which
principal and interest are to be paid solely out of the revenues hereinafter specified. Both principal
and interest are payable in lawful money of the United States of America at
, paying agent, in the of ., (or at the
option of the holder at co-paying agent, in the of
,) upon presentation and surrender of this bond and the coupons hereto attached as
they severally mature.
This bond is one of a series of bonds of like date and tenor except as to maturity
, numbered consecutively in the direct order of their maturities from I to 970, both
inclusive, aggregating the principal sum of Four Million Eight Hdndred Fifty Thousand Dollars
($4,850,000) issued by said County of Oakland under and pursuant to and in full conformity with the
Constitution and Statjtes of the State of Michigan (especially Act No. 94 of the Michigan Public Acts
of 1933, as amended), and Ordinance No. duly adopted by the Board of Commissioners of said County
on the day of , 19 . The bonds of this series are issued for the purpose of
defraying the cost of the acquisition of the Oakland-Orion Sewage Disposal System in said County
estimated at $4,850,000, pursuant to a Contract for Services, dated as of August 1, 1980, between the
County and the Township of Orion, herein called the public corporation.
This bond is a self-liquidating revenue bond, is not a general obligation of said county
or of any public corporation, and does not conatitute an indebtedness of the said county or of any
public corporation, within any constitutional, statutory or charter limitation. The principal of
and interest on the bonds of this series, are payable solely' from the revehues of said Oakland-Orion
303
Commissioners Minutes Continued. August 14, 1980
Sewage Disposal System (including any future improvements, enlariemehts and extensions (thereof)
payable pursuant to the Contract for Services with the Township of Orion which payments are a
full faith and credit limited tax obligation of said Township, and the payment of both the principal
of and interest on said bonds, and on any additional bonds of equal standing which may be issued
pursuant to the terms of said Ordinance, is secured by a statutory first lien on such revenues
payable to the County.
The bonds of this series maturing in the years 1990 to 2010, both inclusive, are subject
to redemption prior to maturity at the option of the county, in any order, on any one Or more
interest payment dates on and after July 1, 1989, at the par value thereof and accrued interest
plus a premium on each bond in accordance with the following schedule, to-wit:
$250 if called to be redeemed on or after July 1, 1989, but prior to July 1, 1994
8200 if called to be redeemed on or after July 1, 1994 ; but prior to July 1, 1998
$150 if called to be redeemed on or after July 1, 1998; but prior to July I, 2002.
$100 if called to be redeeMed on or after July 1, 2002, but prior to July 1, 2006
$ 50 if called to be redeemed on or after July 1, 2006, but prior to maturity.
Notice of redemption shall be given to the holders of bonds called to be redeemed, by
publication of such notice not less than thirty (30) days prior to the date fixed for redemption, at
least once in a newspaper or publication circulated in the City of Detroit, Michigan, which carries
as a part of its regular service, notices of the sale of municipal bonds: provided, that where any
bond shall be registered, then notice of the redemption thereof shall be given by registered or
certified mail addressed to the registered holder thereof at the address shown on the bond registra-
tion books of the principal paying agent, which notice shall be mailed not less than thirty (30)
days prior to the date fixed for redemption. Bonds so called for redemption shall not bear interest
after the date fixed for redemption, provided funds are on hand with the paying agent to redeem the
same.
The County of Oakiatid hereby covenants and agrees that at all times while any of the bonds
of this issue shall be outstanding, there shall be in effect a Contract for Services with the Town-
ship of :Orion establishing and providing such rates for services furnished by said Oakland-Orion
Sewage Disposal System as shall be sufficient to provide for the payment of the expenses of
administration of said system and to obligate the Township, as lessee, to pay all expenses of
operation and such expenses for the maintenance thereof as may be necessary to preserve the same
in good repair and working order; to provide for the payment of the interest upon and the principal
of all bonds payable therefrom, as and when the same become due and payable, and for the maintenance
of 4 reserve in the bond and interest redemption fund as required in said ordinance; and to provide
for such other expenditures and funds for said system as are required by said ordinance. Rates
shall be fixed and revised from time to time pursuant to the said Contract for Services so as to
produce the foregoing amounts.
This bond may be registered at to principal Only in the name of the holder on the books
of the principal paying agent, and such registration noted on the back hereof by an officer of
said paying agent, and thereafter no transfer shall be Valid unless made upon the said books and
likewise noted on the bad( hereof. TranSferability by delivery may be restored by registration to
the bearer. Negotiability of the interest coupons shall net be affected by registration ..
It is hereby certified, recited and declared that all acts, conditions and things required
to exist, happen and be performed, ptetedent to , and in the issuance of the bonds of this series,
existed, have happened and have been performed in due time, form and manner as required by law.
IN WITNESS WHEREOF, the County Of Oakland, Michigan, by its Board of Commissioners has
caused this bond to be sighed in its nathe by its Chairman and attested by ltS COOnty Clerk, and its
corporate seai to be affixed hereto, add ha's caused the ahnexed interest coupons to be executed
with the facsimile signature of said ch8iemAri and County Clerk ; all as of the first day of Ocotber,
A.D. 1980,
COUNTY OF OAKLAND
By _ _
ATTEST: Chai•Man of Board of COMMisSioners
County Clerk
(SEAL)
(000N)
Number
On the first day Of
to the bearer hereof the sum of
States of America, at
AD. 19 , the County of -Oakland, Michigan, Will pay
Dollart, lawful money of the United
in the of
paying agent, or at the option of the holder, at in the of
co-paying agent, same being the interest -due On that day on' its Oakland-Orion Sewage Disposal System
Revenue Bond, No. ; dated Octelper 1, 1980, This coUpen is not a .general obligatitan of said
County, is payable solely 'front certain revenues as set forth in the bond to which this COOpen per-
tains, and is subject to the redemption proVisiens in said bend.
FACSIMILE FACSIMILE
County Clerk Chairman of Beard of ComMistiOnert
304
Signature of Officer
Commissioners Minutes Continued.. August 14, 1980
REGISTRY
In Whose Name Registered Date of Registration of Paying .Agent
Section 20.. The proceeds of the sale of the bonds herein authorized to be issued, shall be
received by the County Treasurer and placed in the fund hereby established and designated the
Construct i on Fund: Provided that any portion of said proceeds, which from time to time is not
required for immediate disbursement for construction may be invested in United States Government
obligations or as otherwise proVided by law upon authorization by the County Executive and Department
of Public Works. From said moneys there shall first he transferred to the Bond and interest
Redemption FUnd, any premium and capitalized or accrued interest paid to the County by the purchaser
of said bonds and the amount appropriated herein as a reserve. The balance of such proceeds shall
be used solely to pay the cost of the project here inbefore described and any engineering, legal and
other expenses incident thereto, and shall be paid out only upon authorization of the County Executive
and Department of Public Works provided, that said CoOnty Executive and Department of PuIic Works
shall not authorize the payment of any such moneys for construction work until there shall have been
first filed with it a request for payment from the contractor which is processed by the Department
of Public Works and set forth on a written construction estimate executed and approved by authorized
representatives of the consulting engineer and of the county. Said construction estimate shall also
show the amount of construction estimates which have been theretofore approved for payment and the ,
amount of the balance which will be required for the completion of the project. There is here by
appropriated from the proceeds of the sale of the bonds a sum sufficient to pay the interest coupons
due on the bonds on July I, 1981 and January i and July 1, 1382 as capitalized interest and the sum of
$500,000 as a reserve in the Bond and interest Redemption Fund as provided in Section 14.2 hereof.
Section 21. The said Oakland-Orion Sewage Disposal System Revenue Bonds shall not be issued
until the Municipal Finance Commission of the State of Michigan has approYed such issuance, and the
County Executive and Department of Public Works are hereby authorized and directed to make application
to said commission for such approval.
Section 22. Any unexpended balance of the proceeds of the sale of the bonds herein
authorized, remaining after the completion of the project, may to the extent of Seven Hundred Twenty
Five Thousand Dollars ($725 .,000) be used for the improvement, enlargement and/or extension of the
System, if s..kch use shall be approved by the Municipal Finance Commission, and any remaining balance
shall be paid immediately into the Bond and Interest Redemption Fund and the same shall be used only
for the payment, redemption, or purchase at not more than the fair market value of said bonds. Any
bonds so acquired by payment, redemption or purchase shall be canceled and shall not be reissued
and credit shall be given pursuant to the Contract to each public corporation in reduction of the
payments due to the County on account of such bonds.
Section 23. This ordinance shall be recorded in the minutes of the meeting of the Board
of Commissioners at which it was adopted, as soon as practicable after its passage, which record
shall be authenticated by the signatures of the Chairman of the Board of Commissioners and County
Clerk of said County, and shall be published once in the Oakland Press, a newspaper of general
circulation within the said County. This ordinance shall become effective immediately upon its
adoption.
Section 24. if any section, paragraph, sentence, clause or phrase of this Ordinance shall
be held invalid, the same shall not affect any other part of this ordinance.
Section 25. That sealed proposals for the purchase of $4,850000 Oakland County "Oakland-
Orion Sewage Disposal System Revenue Bonds, to he dated October 1, 1980, be received up to 11:00
o'clock AM., Eastern Daylight Time, on a date to be later determined by the County Executive and
Department of Public Works, and that notice thereof be published in accordance with law in The Bond
Buyer, which notice shall be substantially in the following form:
OFFICIAL
NOTICE OF SALE
$4,850,00.0
COUNTY OF OAKLAND, STATE OF MICHIGAN
OAKLAND-OR1ON SEWAGE DISPOSAL SYSTEM
REVENUE BONDS
SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the office of
the Oakland County Department of Public WOrks located at No. I public Works Drive, Pontiac, Michigan
48054, on the day of 19 , until o'clock .M.,
Time, at which time and place said bids will be publicly opened and read:
Sealed bids :Will also be received, in the alternative, on the same date and until the same time by
an agent of the undersigned at the office of Bend?..inski and Co., 1318 Buhl Building, Detroit, Michigan,
where they will simultaneously be publicly opened and read. Bidders may choose either location to
Present bids and good faith checks n5 above provided but not both location's. The bids will be
promptly submitted to the Oakland County Executive for award.
BOND DETAILS: Said bonds will be coupon bonds (registrable as to principal only) of the denomination
of $5,000 each, dated October 1, 1980, numbered in direct order of maturity from 1 upwards and will
bear interest frem their date payable on July 1, 1381, and semi-annually thereafter.
305
Commissioners Minutes Continued. August 14, 1980
Said bonds will mature on the 1st day of July, as follows:
1582 - $100,000 1992 - $150,000 2002 - $200,000
1983 - 100,000 1593 - 150,000 2003 - 200,000
1984 - 100,000 1994 - 150,000 . 2004 - 200,000
1985 - 100,000 1595 - 150,000 2005 - 200,000
1986 - 150,000 1996 - 150,000 2006 - 200,000
1987 - 150,000 1997 - 200,000 2007 - 200,000
1988 - 150,000 1998 - 200,000 2008 - 200,000
1989 - 150,000 1999 - 200,000 2009 - 200,00.0
1950 - 150,000 2000 - 200,000 2030 - 200,000
1991 - 150,000 2001 - 200,000
PRIOR REDEMPTION: Bonds maturing in the years 1990 thru 2010, shall be subject to redemption prior
to maturity, at the option of the County, in any order, on any one or more interest payment dates
on or after July I, 1989, at par and accrued interest to the date fixed for redemption, plus a
premium as follows:
$250 if called to be redeemed On or after July I, 1989, but prior to July 1, 1994
$200 if called to be redeemed on or after July 1, 1994, but prior to July 1, 1998
$150 if called to be redeemed on or after July 1, 1998, but prior to July 1, 2002
$100 if called to be redeemed on or after July 1, 2002, but prior to July 1, 2006
$ 50 if called to be redeemed on or after July 1, 2006, but prioe to maturity.
Thirty days notice of redemption shall be given by publication, at least once in a
newspaper or publication circulated in the City of Detroit, Michigan, which carries as part of
its regular service, notices of sale of municipal bonds, and in case of registered bonds thirty
(30) days notice shall be given by registered or certified mail to the registered holder at the
registered address. Bonds called for redemption shall not bear interest after the redemption date,
provided funds are on hand with the paying agent to redeem the same.
INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding
10% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 Or 1/20 of 1%. or
both. The interest on any one bond shall be at one rate only, a!1 bonds maturing in any one year
must carry the same interest rate and each coupon period shall be represented by one interest
coupon. None of said bonds shall bear interest at a rate per annum which is two (2) percentage
points less than the rate borne by any other bond. No proposal for the purchase of less than all
of the bonds or at a price less than IGO% of their par value will be considered.
PAYING AGENT: Both principal and interest shall be payable at a bank or trust company located in
Michigan qualified to act as paying agent under State or United States law, to be designated by the
original purchaser of the bonds, who may also designate a co-paying agent, which may be located
outside of Michigan, qualified to act as paying agent under the law of the State in which located
or of the United States, both of which shall be subject to approval of the undersigned.
PURPOSE AND SECURITY: The bonds are issued under the provisions of Act 94, Public Acts of Michigan,
1933, as amended, and Ordinance No. of the county, for the purpose of defraying the cost of
acquiring and constructing the Oakland-Orion Sewage Dispels& System. The bonds are payable
primarily and on a parity with additional bonds of equal standing which may be issued as set forth
in said Ordinance, from the net revenues of said System of the County of Oakland and any additions
thereto, and a statutory first lien on said revenues has been established by said Ordinance. The
county has covenanted and agreed to fix and maintain at all times while any of such bonds shall be
outstanding such rates for services Furnished by the Oakland-Orion System as shall be sufficient to
provide for payment of the necessary expenses of administration of said System, of the principal
and interest on said bonds when due, to maintain the bond reserve account therefor, and to provide
for such other expenditures and funds for said System as are required by said Ordinance. There is
appropriated from the bond proceeds to the Bond and interest Redemption Fund a reserve of $500,000.
The Township of Orion has covenanted and agreed in a Contract for Services to operate and maintain
the facilities of the Oakland-Orion System, as lessee, and to establish and maintain a replacement
and surplus fund in connection therewith and has in said Contract for Services pledged its full faith
and credit, subject to applicable tax limitations, to pay for sewage disposal services from the
System as a general first budget obligation in amounts adequate to pay principal of and interest
on the bonds, to replenish and maintain the reserve in the Bond and Interest Redemption Fund for the
bonds, and to pay the expenses of administration of the county and the proportionate coets of
operation, maintenance and sewage treatment through the existing county sewage disposal facilities
to which this Oaklahd-Orion System will be connected.
ADDITIONAL BONDS: For the terms upon which addition) bonds may he issued of equal standing with
the bonds herein described, as to revenues of said system, reference is made to the above described
Ordinance.
GOOD FAITH: A certified or cashier's check in the amount of $97,000, drawn upon an incorporated
bank or trust company and payable to the order of the Treasurer of the County of Oakland must
accompany each bid as a guarantee of good faith on the part of the bidder ?, to be forfeited as
liquidated damages if such bid be accepted and the bidder fails to take Up and pay for the bonds.
No interest shall be allowed on the good faith checks and checles of the unsuccessful bidder• will
be promptly returned to each bidder's representative or by registered mail. The good faith check
of the successful bidder will be immediately cashed and payeent for the balance of the purchaee
price of the bonds shall. be made at the closing.
AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the lowest interest cost
Commissioners Minutes Continued. August 14, 1980 306
computed by determining, at the rate or rates specified in the bid, the total dollar value of all
interest on the bonds from , 15 , to their maturity and deducting therefrom any premium.
LEGAL OPINION: Bids shall be conditioned upon the unqualified approving opinion of Dickinson, Wright,
McKean, Cedlip e Moon, attorneys of Detroit, Michigan, a copy of which opinion will be printed on
the reverse side of each bond, and the original of which will be furnished without expense to the
purchaser of the bonds at the delivery thereof.
DELIVERY OF BONDS: The county will furnish bonds ready for execution at its expense. Bonds will be
delivered without expense to the purchaser at Detroit, Michigan, Chicago, Illinois or New York, New
York. The usual closing documents, including a certificate that no litigation is pending affecting
the issuance of the bonds, will be delivered at the tiMe of the delivery of the bands. If the bonds
are not tendered for delivery by twelve o'clock noon, Eastern Time, on the 45th day following
the date of sale, or the first business day thereafter if said 45th day is not a business day, the
successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw his
proposal by serving notice of cancellation, in writing, on the undersigned in which event the County
Treasurer shall promptly return the good faith deposit. Payment for the bonds shall be made in
Federal Reserve Funds. Accrued interest to the date of delivery of the bonds shalt be paid by the
purchaser at the time of delivery.
FINANCIAL CONSULTANT: Further information with respect to said bends may be Obtained from Bendzielski
and Co., Municipal Finance Advisors, 1318 Buhl Building, Detroit, Michigan, 48226. Telephone (313)
961-8222.
THE RIGHT IS SERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES:containing the bids should be plainly marked 'Proposal for Oakland-Orion System Revenue
Bonds",
County Executive, Oakland County, Michigan
Dated:
APPROVED:
STATE OF MICHIGAN
MUNICIPAt FINANCE COMMISSION
Sectioe 26. All ordinahces and resolutions or parts thereof, insofar as the same may be in
conflict herewith are hereby repealed.
Chairman of Board of Commissioners
County Clerk
BE jT FURTHER RESOLVED that the County Executive be ,and he is hereby authorized and
directed to forward the foregoing notice of sale and a sworn application for permission to issue
said bonele to the Municipal Finance Commission for its approval and that the said form, upon approval,
be published in The Bond Buyer, as required by law, so as to offer the bonds therein described on
a date and time to be chosen by the County Executive.
Mr. Chairman, i move the adoption of the foregoing resolution.
Richard R. Wilcox, Chairperson
STATE OF MICHIGAN)
).ss:
COUNTY OF OAKLAND)
I the undersigned, hereby certify that the foregoing is a true and complete copy of
proceedings adopted at a regular meeting of the Oakland County Board of Commissioners held on the
14th day of August, 1980, the original of which proceedings is on file in my. office.
IN WITNESS WHEREOF, I have hereunto affixed by official signature this 14th day of
August, A.D. 1980.
County Clerk
Lynn D. Allen
Moved by Wilcox supported by Moxley the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES 1 Pernick, Peterson, Price, Roth, Wilcox. Caddell, DiBiovanni, Doyon, Dunaskiss,
Gabler, Gorsline, Hobart, Kasper, Kelly, Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson.
(21)
NAYS: Perinoff, Fortino. (2)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 9518
By Mr. Wilcox
IN RE: NOTICE OF INTENT IQ ISSUE REVENUE BONDS
To the Oakland County Beard of Commissioners
Mr. Chairperson, Ladies and Gentjemen
WHEREAS the County proposes to issue revenue bonds in an amount not to exceed $4,850,000 to
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Commissioners•Minutes Continued. August 14, 1980
finance 'the cost of improving, enlarging and extending the Clinton-Oakland Sewage Disposal System
and the Paint Creek Interceptor by acquisition of the Oakland-Orion Sewage Disposal System in the
Township of Orion.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
I. That this Board of Commissioners does hereby approve and adopt the following Notice
of Intent concerning the issuance of said bonds, to-wit:
COUNTY OF OAKLAND
OAKLAND-ORION:SEWAGE DISPOSAL SYSTEM
NOTICE OF INTENT TO ISSUE REVENUE BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,850,000.00
WITHOUT A VOTE OF ELECTORS.
TO ALL ELECTORS AND TAXPAYERS OF THE COUNTY OF OAKLAND AND OTHER INTERESTED PARTIES:
NOTICE IS HEREBY GIVEN, that the Board of Commissioners Of the County of Oakland intends
to take proceedings to authorize the issuance of Revenue Bonds in the aggregate principal amount
of not to exceed $4,850,000.00 to defray part of the cost of improving, enlarging and extending
its Clinton-Oakland Sewage Disposal System and the Paint Creek Interceptor in the Township of
Orion by acquisition of the Oakland-Orion Sewage Disposal System at a total estimated cost of
$4,850,000.00. The revenue bonds will bear interest at a rate estimated to be 8% per annum, but
not to exceed 10% per annum.
NOTICE IS FURTHER GIVEN, that the said bonds will be issued pursuant to the provisions
of Act 94, Public Acts of Michigan, 1933, as amended. The principal Of and interest on the bonds
will be payable primarily from the net revenues derived from the payments by the Township of Orion
for sewage collection, transportation and disposal from areas to be served in the Township by the
facilities to be now acquired, and the Township of Orion has, as a wholesale customer, contracted
to purchase and pay for such sewage disposal services supplied by the County as provided in a
Contract for Services, dated as of August 1, 1980, available for fnspection at the offices of the
County Executive and Department of Public Works and at the offices of the Township of Orion, and
the obligation to make the payments is a general obligation of the Township, payable, if necessary,
from limited taxes levied for its general fund Within applicable statutory tax limit's, although the
Township expects to pay the necessary amounts from the tOtal revenues of the sewage disposal
facilities in operation in the Township pursuant to its Ordinances. The County and the Township
of Orion will contract and covenant to charge and to pay sufficient amounts for sewage disposal
services to pay the operation and maintenance expenses of the Township, the County and the Oakland-
Orion System for sewage disposal and to pay the principal of and interest on the above described
revenue bonds.
NOTICE IS FURTHER GIVEN, that this notice is given to and for the benefit of all electors
and taxpayers of the County of Oakland in the State of Michigan, and other interested parties in
the County, to inform them that said bonds will be issued without submitting the gOestion of their
issuance to a vote of the electors of the said County, unless within 45 days from the publication
of this notice, a petition signed by not less than 10% of the registered electors from the said
County requesting a referendum upon the question of the issuance of such bonds, is filed with the
undersigned County Executive or the County Clerk, in which event the bonds will not be issued unless
and until approved by a majority of the electors from the said County qualified to vote and voting
thereon at a general or special election.
This notice is given by order of the Board of Commissioners in accordance with the pro-
visions of Section 33 of Act No. 94, Public Acts of Michigan, 1933, as amended.
DANIEL T. MURPHY
OAKLAND COUNTY EXECUTIVE
Oakland Service Center
1200 North Telegraph Road
Pontiac, Michigan 48053
Telephone: (313) 858-0484
Dated: August , 1980.
2. This it is hereby found and determined that the Oakland Press is the newspaper
reaching the largest number of persons to whom this said notice is directed in the County of
Oakland.
3. That it is hereby determined that the aforesaid notice provides information
sufficient adequately to inform the electors and taxpayers of the County of Oakland of the
nature of the issue to which the said notice pertains and of their right to file a petition for
referendum requesting an election or the issuance of the i)onds..
4. That the County Clerk is hereby directed to publish said notice once in the ndws-
paper abOve named.
Mr. Chairman, I move the adoption of the foregoing Resolution.
Richard R. Wilcox
STATE OF MICHIGAN)
) ss:
COUNTY OF OAKLAND)
1, the undersigned, the duly qualified and acting County Clerk of the County of Oakland
do hereby certify that the foregoing is a true and complete copy of proceedings adopted at a
regular meeting of the Board of Commissioners held on the 14th day of August, 1980, the origihal
of which proceedings is on file in my office.
IN WITNESS WHEREOF, 1 have hereunto affixed by official signature this 14th day of
Commissioners Minutes Continued. August 14, 1980 308
August, A.D. 1980.
Lynn D. Allen, County Clerk
NON-REFERENDUM AFFIDAVIT
STATE OF MICHIGAN)
) ss:
COUNTY OF OAKLAND)
LYNN D. ALLEN, being first duly sworn, deposes and says that he is the County Clerk of
The County of Oakland, Michigan, and as such is the recordino officer of said County; that the
Notice of Intent to Issue ReVég0e Bonds in the Principal Amount of Net to Exceed $4,850,000, was
duly published in The Oakland presS, oh the _day of , 1980, and that no petition
requesting a referendum upon the iSsUnnee Of such bonds has been Tiled with him or in. his office.
Subscribed and sworn to before me this :
My commission expires:
Lynn O. Allen, County Clerk
day of , A D. 1980-
Notery.Publft, Oakland C6unty, Michigan
Moved by Wilcox supported by Patterson the resolution be adopted.
AYES: .Pernik, Peterson, Price, Roth, Wlico›!., Caddeil, DiGiovapni, Doyon, Dunaskiss,
Fortino, Gabler, Gorsline, Hobart, KaSper, Kelly, Moffitt, MOritante, Moore, Maxley, Murphy, Page,
Patterson. (22)
NAYS: Perinoff. (1)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 9519
By Mr. Wilcox
IN RE: OAKLAND-ORION SEWAGE DISPOSAL SYSTEM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS on August 8, 1980 the Orion Township Beard approved the Contract for Services
between the County of Oakland and the Township of Orion for the acquisition, construction and
financing of the Oakland Orion Sewage Disposal System; and
WHEREAS said Contract provides in part that the County shalt obtain the necessary maps,
plans, designs and specifications therefor; obtain the approval of the Michigan Municipal Finance
Commission to issue bonds under Act 94, Public Acts of Michigan of 1933, as amended; and to take
any other steps necessary to acquire said system; and
WHEREAS, in order to pay certain acquisition costs prior to the sale of bonds it is
necessary that said acquisition costs be advanced to the Department of Public Works.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the advance of up to
$500,000.00 to the Department of Public Works to pay Oakland-Orion Sewage Disposal System acquisi-
tion costs as they occur, with said funds so advanced to be repaid when bonds to finance the system
are sold and delivered.
Mr. Chairman, I move the adoption of the foregoing resolution.
Richard R. Wilcox
Moved by Wilcox supported by Roth the resolution be adopted.
AYES: Peterson, Prite, Roth, Wilcox, Caddell, DiGiovanni, Doyon, Dunaskiss, Fortino,
Gabler, Coral me, Hobart, Kelly, Moffitt, Montento, Moore, Moxley, Murphy, Page, Patterson, Perinoff,
Pernick. (22)
NAYS; None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 9520
By Mrs. Moffitt
IN RE: SUPPORT OF LEGISLATION ESTABLISHING A MEDIATION FEE PAYABLE TO OAKLAND COUNTY
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen;
WHEREAS the Michigan Supreme Court has approved the Sixth Judicial Circuit Court's Local
Court Rule 18 which sets forth the procedure for the mediation of all non-divorce civil cases; and
WHEREAS the mediation process results in fewer trials by settling disputes before a trial
date is set, thereby saving time and money for the County; and
WHEREAS the number of cases successfully mediated in the first six (6) months of 1980 is
1147; and
WHEREAS the Circuit Court Assignment Clerk's Office has realized an increased workload due to
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Commissioners Minutes Continued. August 14, 1980
additional processing required of cases to be mediated, to the extent that an additional Clerk 111
position was created by Miscellaneous Resolution 119149 on November 1, 1979; and•
WHEREAS the Sixth Judicial Circuit Court unanimously passed on amendment to the Local
Court Rules proposing to create a five (5) dollar fee per litigant per mediation to offset the
cost of administering the mediation program; and
WHEREAS the Supreme Court did not approve the proposed amendment to the court rules,
stating that the assessment of fees payable to a court or county is a matter governed by statute
and court rules should not be used to impose such foes.
NOW THEREFORE BE IT ResolvED that the Oakland County Board of Commissioners go on record
as supporting the infroduCtion of legislation to provide for a mediation fee of five dollars per
litigant per mediation, payable to the General Fund of the County of Oakland.
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, I move the adoption of the foregoing resolution.
Lillian V. Moffitt, ComMissioner - District #15
Moved by Moffitt supported by Peterson the resOltitiOn be adopted.
The Chairperson referred the resolution to the Genera) GoVernMent Committee.. There were
no objections.
Moved by DOyeh supported by Price the Veto Of Miscellaneous Resolution 1/94.0 Salaries
Equity Adjustment Recommendation be brought up at the next Beard Meeting to be held Oh September 4,
1980 under Special Order of Business.
A sufficient majority having voted therefor, the motion parried.
Moved by Patterson supported by -Fortino the Board adjourn until Soptetber 4, 1980 at
MO A.M.
A sufficient majority having voted therefor, the metiQh WOO-,
The Board adjourned at 2.:05
Lynn D. Allen Wallace F. Gabler, Jr
Clerk Chairperson ...