HomeMy WebLinkAboutMinutes - 1975.07.23 - 7493383
OAKLAND COUNTY
Board Of Commissioners
MEETING
July 23, 1975
Meeting called to order by Chairman Fred D. Houghten at 10:05 A.M. in the Court House
Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Invocation given by Henry W. Hoot.
Pledge of Allegiance to the Flag.
Roll called.
PRESENT: Aaron, Button, Coy, Daly, Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghten,
Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth.
Simmons, Wilcox, ,Wilson. (25)
ABSENT: Dearborn, Kasper. (2)
Quorum present.
Moved by Hoot supported by Patterson that approval of the minutes of the previous meet:7g
be postponed until the next meeting.
A sufficient majority having voted therefor, the motion carried.
Moved by Hoot supported by Button the agenda be approved with two changes; first, add the
supplemental agenda and second, take Reports of Standing Committees in alphabetical order by Committee.
A sufficient majority having voted therefor, the motion carried.
Clerk read card of thanks from Carmen Roth.
Clerk read letter from Catherine Wolters, Member of Board of Institutions relative to the
letter in the Oakland Press regarding Oakland County Hospital Auxiliary.
Clerk read letter from Congressman William S. Broomfield acknowledging receipt of resolution.
Clerk read letter from Daniel T. Murphy, County Executive, stating he had vetoed the Board
of Commissioners resolution 1/7164, "Confirmation of Appointment of Director and Deputy Director of the
Department of Public Works."
Clerk read letter from Eleanor A. McGee, Southfield Township Clerk supporting Comrerce
Township in its lawsuit to get relief upon Real Property Taxation.
Moved by Lennon supported by Roth that consideration of the veto be made an agenda item at
the next Board meeting on August 7, 1975.
Discussion. followed.
Moved by Gabler supported by Wilcox the motion be amended, by striking 'August 7th' and the
Board considers the County Executive's veto to-day.
Discussion followed.
Vote on amendment:
A sufficient majority having voted therefor, the motion carried.
Vote on main motion, as amended:
A sufficient majority having voted therefor, the motion carried.
Moved by Olson supported by Button the agenda be amended to consider this item now.
A sufficient majority having voted therefor, the motion carried.
Moved by Perinoff supported by Olson that we override the County Executive's veto and also,
re-affirm the resolution that had been vetoed.
384
Commissioners Minutes Continued. July 23, 1975
Discussion followed.
Daniel T. Murphy, County Executive, addressed the Board.
Vote on veto:
AYES: Olson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, ,Wilson, Button, Daly, Douglas,
Fortino, Hoot, Lennon. (14)
NAYS: Moffitt, Montante, Nowak, Page, Patterson, Coy, Dunleavy, Gabler, Houghten, McDonald.
(10)
A sufficient majority not having voted therefor, the motion to override the veto failed.
Moved by Dunleavy supported by Montante the rules be suspended for immediate consideration
of resolution #7001 "Merger and Consolidation of Drain Office and Department of Public Works."
AYES: Montante, Nowak, Page, Patterson, Wilcox, Button, Coy, Dunleavy, Gabler, Hoot,
Houghten, Lennon, McDonald. (13)
NAYS: Olson, Perinoff, Pernick, Price, Roth, Simmons, Wilson, Daly, Douglas, Fortino. (IN
A sufficient majority not having voted therefor, the motion failed.
Richard R. Wilcox submitted his resignation as a member of the Oakland County Board of Public
Works, effective July 23, 1975.
Misc. 7199
By Mr. Dunleavy
IN RE: COMMENDATION - HIGHLAND VOLUNTEER FIRE DEPARTMENT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Highland Volunteer Fire Department was instrumental in raising the funds to
purchase a mobile rescue unit, at a cost of $5,600, which was donated to Highland Township and the
Firemen were also instrumental in raising funds to purchase Hurst Jaws for the rescue unit at a cost
of $4,600; and
WHEREAS the Fire Department has purchased six (6) hospital beds, twelve (12) wheel chairs,
several pairs of crutches and a walker which are available on a loan basis to the citizens of Highland
Township, in addition to three (3) portable oxygen units; and
WHEREAS the highland Township Volunteer Fire Department has exceedingly contributed of its
resources and man hours in the interests of all of the citizens of Highland Township, ready at all
times to protect and -,fcivard lives and property's,
NOW THEREFORE FE. IT RESOLVED that the Oakland County Board of Commissioners hereby commends
the Highland Volunteer Fire Department for its contribution of resources and time in order that the
citizens of Highland Township may be better protected and aided in time of emergency and need.
Mr. Chairman, I move the adoption of the foregoing resolution.
OAKLAND COUNTY BOARD OF COMMISSIONERS
Fred D. Houghten, Chairman
James W. Dunleavy, Vice Chairman
Moved by Dunleavy supported by Button the resolution be adopted. The resolution was
unanimously adopted.
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7195 - COMMENDATION - RICHARD R. ROBINSON
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee, by Henry W. Hoot, Chairman, reports Miscellaneous Resolution
No. 7195 with the recommendation that the resolution be adopted.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7195
By Mr. Nowak
IN RE: RESOLUTION OF COMMENDATION - RICHARD R. ROBINSON
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Richard R. Robinson a resident of Oakland County has been elected President of
the United States Jaycees at its annual meeting in Miami, Florida; and
WHEREAS this honor bestowed upon Richard R. Robinson is one that all citizens of Oakland
County can be proud; and
WHEREAS Richard R. Robinson has distinguised himself in the past as President of the
Michigan Jaycees and Vice-President of the United States Jaycees, as well as serving as an executive
of a major Oakland County firm and as a teaching professional at Oakland Community College; and
Commissioners Minutes Continued. July 23, 1975 385
WHEREAS the election of Richard R. Robinson brings to Oakland County a sense of pride for
his accomplishments and those of the organization he serves,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners congratulates
Richard R. Robinson upon his election as President of the United States Jaycees and wishes him well
in his year in office.
Patrick M. Nowak, Commissioner - District ;.25"
Moved by Hoot supported by Nowak that resolution #7195 be adopted.
A sufficient majority having voted therefor, resolution #7195 was adopted.
Misc. 7200
By Mr. Wilcox
IN RE: CRIMINAL JUSTICE PLANNING GRANT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
This is the fifth year of a continuing grant to aid in the reduction of crime in Oakland
County.
The previous grant expired June 30, 1975 and total funding was for $79,356.00. The new
agreement will be for a period of fifteen months (July 1, 1975 - September 30, 1976) and total fund-
ing will amount to $83,358.00 with the County's cash contribution at $5,791.00 or approximately 7 of
the total program.
The cost reduction of one position is more than offset by salary increases, the increase of
the fringe benefits percentage from 22% to 25% and the length of the contract period from twelve to
fifteen months.
Mr. Chairman, I move acceptance of this fiscal report and approval for filing of this Grant
continuation application.
FINANCE COMMITTEE
Richard R. Wilcox, Chairman
Moved by Wilcox supported by Roth the resolution be adopted.
AYES: Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox,
Wilson, Button, Coy, Daly, Dunleavy, Fortino, Gabler, Hoot, Houghten, Lennon, McDonald, Moffitt,
Montante. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 7201
By Mr. Wilcox
IN RE: COOPERATIVE REIMBURSEMENT - PATERNITY AND SUPPORT INVESTIGATION AND ACTION PROGRAM GRANT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS this is the third year of a continuing grant for the purpose of establishing paternity
support for children receiving A.D.C. and investigating cases of fraud directly related to child
support; and
WHEREAS the previous grant expired April 1, 1975 and total funding amounted to $115,472; and
WHEREAS the new agreement will run from April 1, 1975 through December 31, 1975 for a total
cost of $69,058, of which $4,725 will be County in-kind funds of previously provided space and $64,333
will be State Funds; and
WHEREAS the Finance Committee at its meeting of July 8, 1975 has reviewed this grant and
recommends acceptance,
NOW THEREFORE BE IT RESOLVED that the Finance Committee recommends acceptance of this grant.
BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners be and is hereby
authorized to accept this grant; and
BE IT FURTHER RESOLVED that the Board of Commissioners ratify the signature of its Chairman
dated March 3, 1975 on the Cooperative Reimbursement Program Agreement with the Department of Social
Services, State of Michigan.
FINANCE COMMITTEE
Richard R. Wilcox, Chairman
Moved by Wilcox supported by Gabler the resolution be adopted.
AYES: Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Button, Coy, Daly,
Dunleavy, Fortino, Gabler, Hoot, Houghten, Lennon, McDonald, Moffitt, Montante, Nowak. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
386
Commissioners Minutes Continued. July 23, 1975
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7159 - ELECTION ON SUBSIDIZING PONTIAC STADIUM
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committ , reports Miscellaneous Resolution #7159 with the recommen-
dation that said resolution not be a lopt
The General Government Corwin( , by Henry W. Hoot, Chairman, moves the acceptance of the
foregoing report.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7159
By Mr. Wilson
IN RE: ELECTION ON SUBSIDIZING PONTIAC STADIUM
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the State of Michigan presently subsidizes the Pontiac Stadium with public moneys
out of the General Fund of the State of Michigan; and
WHEREAS the Electors of Oakland County should be permitted to vote on an advisory question
as to whether they approve or disapprove of the public subsidy of the Pontiac Stadium; and
WHEREAS the various municipalities of the County of Oakland will be holding either Regular
or Special Elections.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests each
city, village or township holding a Regular or Special Election to submit to the Electors within
their municipality, the following question:
"SHALL PUBLIC MONEYS BE PAID OUT OF THE STATE'S GENERAL FUND TO SUBSIDIZE THE PONTIAC
STADIUM?"
Mr. Chairman, I move the adoption of the foregoing resolution.
Dana F. Wilson, Commissioner - District #9
Niles E. Olson, Commissioner - District #3"
Moved by Hoot supported by Gabler the report be accepted.
A sufficient majority having voted therefor, the motion carried.
Mr. Wilson voted 'no'.
Discussion followed.
Moved by Wilson supported by Olson that resolution #7159 be adopted.
AYES: Patterson, Roth, Wilson, Hoot, Olson. (5)
NAYS: Page, Perinoff, Pernick, Price, Simmons, Wilcox, Aaron, Button, Coy, Daly, Douglas,
Dunleavy, Fortino, Gabler, Houghten, Lennon, McDonald, Moffitt. (18)
A sufficient majority not having voted therefor, resolution #7159 was not adopted.
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7182 - SUPPORT HOUSE BILL 4518 - PROCEDURE FOR REPLACING CANDIDATES
FOR COUNTY AND TOWNSHIP OFFICES
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee, by Henry W. Hoot, Chairman, reports Miscellaneous
Resolution No. 7182 with the recommendation that the resolution be adopted.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7182
By Mr. Hoot
IN RE: SUPPORT HOUSE BILL 4518 - PROCEDURE FOR REPLACING CANDIDATES FOR COUNTY AND TOWNSHIP OFFICES
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS House Bill 4518 prescribes procedure for filling a County Commissioner vacancy due
to death, withdrawal, moving away or disqualification; and
WHEREAS your General Government Committee recommends that the Board support this legislation,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports
House Bill 4518 and so recommends to the County's Legislators and Legislative Agent by certified copy
of this resolution.
The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman"
387 Commissioners Minutes Continued. July 23, 1975
Moved by Hoot supported by Roth that resolution #7182 be adopted.
A sufficient majority having voted therefor, resolution #7182 was adopted.
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7183 - SUPPORT HOUSE BILL 4824 - REDUCTION OF ROAD COMMISSIONER TERM
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee, by Henry W. Hoot, Chairman, reports Miscellaneous Resolution
No. 7183 with the recommendation that the resolution be adopted.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7183
By Mr. Hoot
IN RE: SUPPORT HOUSE BILL 4824 - REDUCTION OF ROAD COMMISSIONER TERM
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS House Bill 4824 would reduce the term of office of County Road Commissioners from 6 years
to 3 years; and
WHEREAS your Committee believes this is desirable legislation and recommends that it be suz:ported
by the Board,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports %/ouse
Bill 4824 and so recommends by the County's Legislators.
BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to the County's
Legislators and Legislative Agent.
The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman"
Moved by Hoot supported by Button that resolution #7183 be adopted.
A sufficient majority having voted therefor, resolution #7183 was adopted.
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7184 - OPPOSE HOUSE BILL 4836 - BOARD OF COMMISSIONERS APPROVAL OF
ROAD COMMISSION PROJECTS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee, by Henry W. Hoot, Chairman, reports Miscellaneous Resolution
No. 7184 with the recommendation that the resolution be adopted.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7184
By Mr. Hoot
IN RE: OPPOSE HOUSE BILL 4836 - BOARD OF COMMISSIONERS APPROVAL OF ROAD COMMISSION PROJECTS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS House Bill 4836 would require the Board of Commissioners to approve or disapprove a
proposed Road Commission project upon receipt of ,a petition signed by 20 0 of the registered votes
affected by the project; and
WHEREAS your Committee believes this legislation leaves many unanswered questions, such as who
would qualify as affected, what projects could be petitioned against and why registered voters rather
than property owners are stipulated, and recommends that the bill be opposed,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby opposes House
Bill 4836 and so recommends to the County's Legislators.
BE IT FURTHER RESOLVED that the County Clerk be instructed to send certified copies of this
resolution to the County's Legislators and Legislative Agent.
The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman"
Moved by Hoot supported by Fortino that resolution #7184 be adopted.
A sufficient majority having voted therefor, resolution #7184 was adopted.
388
Commissioners Minutes Continued, July 23, 1975
REPORT
By Mr- , Hoot
IN RE: MISCELLANEOUS RESOLUTION #7185 - SUPPORT HOUSE BILL 4232 - AUTHORIZE COUNTY CLERK TO DESTROY
COEPOPITION DOCUMENTS
To the Oakland County Board of Commissioners ,
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee, by Henry W. Hoot, Chairman, reports Miscellaneous Resolutioe
No. 7185 with the recommendation that the resolution be adopted.
GENERAL. GOVERNMENT COMMITTEE
Henry W, Hoot, Chairman
"Misc. 7 18 5
By Mr. Hoot
IN RE: SUPPORT HOUSE BILL 4232 - AUTHORIZE COUNTY CLERK TO DESTROY CORPORATION DOCUMENTS
To the Oakland County Bo rd of Commissioners
Mr. Chairman, Ladies and f•;ntlemen:
WHEREAS House Bill 11:, would authorize County Clerks to destroy or dispose of corporation
documents filed with th , uffice and the Corporation Act of 1931; and
WHEREAS the Oakland County Clerk advises that he no longer receives these documents and they are
stored in record retention, taking up space which could be better used for other purposes,
NOW THEREFORE BE It RESOLVED that the Oakland County Board of Commissioners hereby supports House
Bill 4232 and so recommends to the County's Legislators.
BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded by the County Clerk
to the County's Legislators and Legislative Agent.
The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman"
Moved by Hoot supported by Patterson that resolution #7185 be adopted.
A sufficient majority having voted therefor, resolution #7185 was adopted.
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7186 - OPPOSE HOUSE BILL 4323 - PERMITS REGISTER OF DEEDS TO
REFUSE RECORDING OF IMPROPER DOCUMENTS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee, by Henry W. Hoot, Chairman, reports Miscellaneous Resolution
No 7186 with the recommendation that the resolution be adopted.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7186
By Mr. Hoot
IN RE: OPPOSE HOUSE BILL 4323 - PERMITS REGISTER OF DEEDS TO REFUSE RECORDING OF IMPROPER DOCUMENTS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS House Bill 4323 would permit a Register of Deeds to refuse to record any document that
he knows to be inaccurate, illegal or improper under State laws or ordinances; and
WHEREAS your Committee is of the opinion that such legislation is not necessary inasmuch as a
document that is illegal is not recordable and recommends that the bill be opposed,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby opposes House
Bill 4323 and so recommends to the County's Legislators.
BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to the County's
Legislators and Legislative Agent by the County Clerk.
The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman"
Moved by Hoot supported by Lennon that resolution #7186 be adopted.
•A sufficient majority having voted therefor, resolution #7186 was adopted.
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7187 - SUPPORT HOUSE BILL 4370 - PROHIBITS SPIRITOUS OR FERMENTED
LIQUOR IN JAILS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee, by Henry W. Hoot, Chairman, reports Miscellaneous Resolution
Commissioners Minutes Continued. July 23, 1975 389
No. 7187 with the recommendation that the resolution be adopted,
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7187
By Mr. Hoot
IN RE: SUPPORT HOUSE BILL 4370 - PROHIBITS SPIRITOUS OR FERMENTED LIQUOR IN JAILS
Co the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS House Bill 4370 provides that no liquor or wine is to be "spirited" into jails or
sold therein, and further provides that violation of the act would be a misdemeanor with jail sen-
tence up to one year, $250.00 fine or both; and
WHEREAS your Committee believes this legislation would have the effect of tightening the
controls on liquor in detention facilities and recommends that it be supported,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports
House Bill 4370 and so recommends to the County's Legislators and Legislative Agent by certified cop/
of this resolution.
The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman"
Moved by Hoot supported by Coy that resolution #7187 be adopted.
A sufficient majority having voted therefor, resolution #7187 was adopted.
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7188 - OPPOSITION TO HOUSE BILL 4733 - INCREASE IN ELECTION RECOUNT
FEE
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee, by Henry W. Hoot, Chairman, reports Miscellaneous
Resolution No. 7188 with the recommendation that the resolution be adopted.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7188
By Mr. Hoot
IN RE: OPPOSITION TO HOUSE BILL 4733 - INCREASE IN ELECTION RECOUNT FEE
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS your Committee has reviewed House Bill 4733 which proposes to increase the election
recount fee from $5.00 per precinct to $20.00 per precinct; and
WHEREAS the House has amended the increase to $10.00; and
WHEREAS your Committee recommends that House Bill 4733 be opposed,
NOW THEREFORE BE IT RESOLVED that the County of Oakland hereby opposes House Bill 4733
and so recommends to the County Legislators.
BE IT FURTHER RESOLVED that certified copies of the foregoing resolution be forwarded to
the County's Legislators and the County Legislative Agent.
The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman"
Moved by Hoot supported by Daly that resolution #7188 be adopted.
A sufficient majority having voted therefor, resolution #7188 was adopted.
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7189 - OPPOSITION TO HOUSE BILL 4239 - TAXING OF JOINTLY HELD
PROPERTY
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee, by Henry W. Hoot, Chairman, reports Miscellaneous
Resolution No. 7189 with the recommendation that the resolution be adopted.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7189
By Mr. Hoot
IN RE: OPPOSITION TO HOUSE BILL 4239 - TAXING OF JOINTLY HELD PROPERTY
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS your Committee has discussed the proposed legislation as contained in House Bill
390
Commissioners Minutes Continued. July 23, 1975
4239, which would establish a tax on i 0-.1y owned property when one of the owners dies; and
VHERJ'', your Commirte•• opposition to House Bill 4239 as not being in th
best int -- ' jr'nt property
,,,'.1:F0RE. BE IT RE OLVO, L .lat the County of Oakland hereby opposes House Bill 4239
and so reccmm,rts to the County's Li ,.islator
BE IT FURTHER RESOLVED thus certified copies of the foregoing resolution be forwarded to
the County's Legislators and the County's Legislative Agent,
The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the
for resolution.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman"
Moved by Hoot supported by McDonald that resolution #7189 be adopted.
A sufficient majority having voted therefor, resolution #7I89 was adopted.
REPORT
By Mr. Hoot
IN RE: MISCELLANEOUS RESOLUTION #7160 - POLICY FOR DRAFTING BOARD RESOLUTIONS REFERRING TO COUNTY
OF OAKLAND DEPARTMENTS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The General Government Committee reports Miscellaneous Resolution #7160 with the recommen-
dation that said resolution be adopted.
The General Government Committee, by Henry W. Hoot, Chairman, moves the acceptance of the
foregoing report.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
"Misc. 7160
By Mr. Olson
IN RE: POLICY FOR DRAFTING BOARD RESOLUTIONS REFERRING TO COUNTY OF OAKLAND DEPARTMENTS
To the Oakland County Beard of Commissioners
Chairman, Ladies and Gentlemen:
WHEREAS recent resolutions before the Board of Commissioners have referred to the various
departments of County government as "County Executive's Department"; and
WHEREAS these various departments are County of Oakland Departments.
NOW THEREFORE BE IT RESOLVED that in the future all resolutions coming from the Committees
of the Board of Commissioners refer to the various departments of the County as County of Oakland
Departments.
Mr. Chairman, I move the adoption of the foregoing resolution,
Niles E. Olson, Commissioner - District 4'3"
Moved by Hoot supported by Patterson the report be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Hoot supported by Button that resolution #7160 be adopted.
A sufficient majority having voted therefor, resolution #7160 was adopted.
Misc. 7202
By Mr. Hoot
IN RE: SUPPORT OF RICHARD R. WILCOX FOR NOMINATION AND ELECTION TO SECOND TERM ON BOARD OF DIRECTORS,
MICHIGAN ASSOCIATION OF COUNTIES
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Oakland County Commissioner Richard R. Wilcox is serving as a member of the Board
of Directors of the Michigan Association of Counties; and
WHEREAS Richard R. Wilcox has demonstrated, during his tenure as President, able leadership
and guidance in the affairs of M.A.C. and in the interests of all member counties,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby goes on
record in support of the nomination and election of Richard R. Wilcox to a second term on the M.A.C.
Board of Directors and so recommends to all member counties.
The General Government Committee, by Henry W. Hoot, Chairman, moves the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Henry W. Hoot, Chairman
Moved by Hoot supported by Perinoff the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Commissioners Minutes Continued. July 23, 1975 391
Misc. 7203
By Mr. Gabler
IN RE: ESTABLISHMENT OF COMMUNITY MENTAL HEALTH PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Act 258 of the Public Acts of 1974, as amended, provides that effective August 1,
1975, any community mental health board established pursuant to the provisions of Act 54 of the Public
Acts of 1963, as amended, will no longer be operative; and
WHEREAS Section 204 of said Act 258 provides that a county may establish a single county
community mental health program pursuant to Act 258 and in particular Chapter 2 of said Act 258; and
WHEREAS Section 202 of said Act 258 provides the State shall financially support in accor-
dance with Chapter 3, county community mental health programs that have been established and that are
administered pursuant to the provisions of said Act; and
WHEREAS Section 204 provides a county community mental health program established under
Chapter 2 shall be an official county agency; and
WHEREAS the County of Oakland desires to provide appropriate continuity in its community •
mental health services and to continue to be eligible for State financial support; and
WHEREAS the County of Oakland, pursuant to the provisions of Act 258 of the Public Acts of
1974, as amended, and in particular Chapter 2 thereof, desires to establish a Community Mental Health
Program; and
WHEREAS Chapter 2, Section 2014, provides that a county board of commissioners shall determine
the county procedures and regulations that shall be applicable to a county program providing that such
procedures and regulations shall not take effect until at least three (3) public hearings on the
proposed procedures and regulations have been heldl
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to the
provisions of Chapter 2 of Act 258 of the Public Acts of 1974, as amended, hereby deter—,ines tc
establish a County Community Mental Health Program, including a 12-member County Community Mental
Health Board to be appointed by the Board of Commissioners.
BE IT FURTHER RESOLVED that the Human Resources Committee be and is hereby directed to
establish the procedures and regulations to be applicable to the County Community Mental Health
Program for adoption by the Oakland County Board of Commissioners.
The Human Resources Committee, by Wallace F. Gabler, Jr., Chairman, moves the adoption of the
the foregoing resolution.
HUMAN RESOURCES COMMITTEE
Wallace F. Gabler, Jr., Chairman
Moved by Gabler supported by Daly the resolution be adopted.
AYES: Patterson, Perinoff, Pernick, Price, Roth, Simmons, Button, Coy, Daly, Dunleavy,
Fortino, Gabler, Hoot, Houghten, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page. (21)
NAYS: Douglas. (I)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 7204
By Mr. Gabler
IN RE: CONSOLIDATION OF COUNTY LABORATORY FACILITIES
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Oakland County desires to effect certain laboratory improvement and consolidations;
and
WHEREAS such action will result in:
1) A net cost savings to the County
2) Faster analysis of substances related to criminal investigations and autopsies
3) Improved service to the community, including local police agencies, and
WHEREAS the proposed consolidation will provide for one laboratory facility to be shared
by the Sheriff's Department and the Medical Examiner; and
WHEREAS the present Health Division and County Hospital Laboratories will be continued as
separate entities with minor reallocation of functions; and
WHEREAS the Drug Analysis Laboratory in the office of Substance Abuse has been closed with
the functions to be transferred to the new Consolidated Laboratory.
NOW THEREFORE BE IT RESOLVED that the Consolidated Laboratory serving the Sheriff and the
Medical Examiner be implemented as soon as possible.
BE IT FURTHER RESOLVED that the sum of $80,256 be appropriated to purchase laboratory
equipment as requested.
The Human Resources Committee, by Wallace F. Gabler, Jr., Chairman, moves the adoption of
the foregoing resolution.
HUMAN RESOURCES COMMITTEE
Wallace F. Gabler, Jr., Chairman
Moved by Gabler supported by Coy the resolution be referred to the Finance Committee. There
were no objections.
392
Commissioners Minutes Continued. July 23, 1975
Misc. 7205
By Mr, Hoot
IN RE: APPOINTMENT TO I-IMMUNITY MENTAL HEALTH SERVICES BOARD
To Bet Oakland Counli rd of Commissioners
Mr . Chi an , 1 d i men:
Pur [, tit iohi of C.e. new Mental Health Code, effective August 6, 1975, your
al imen C I F comm(fd . in w tel for the members of the Oakland County Community
M, ( 11 . tl. ss. fol, w :
Paul Neal Averill for the t. rm Expiring December 31, 1975
nobert M. Bookmyer, M.D., he term expiring December 31, 1975
Fred D. Houghten, for the f. expiring December 31, 1975
M. Levin, for tt , •. rm expiring. December 31, 1975
Jul l= n A. Cook, Jr., for Om 1 F,sember 31( 1976
Mrs. Wi liam C. Hitchcock, the term piring December 31, 1976
Anne M, Hobart, for the tern. .iriu D. mt. , 1, 1976
Barbara Reader, for the tc,m ti cm. h, • mi• r 31, 1976
Alex Capsalis, for the term expiring December 31, 1977
Lew L. Coy, for the term expiring December 31, 1977
Ralph T. Norvell, for the term expiring December 31, 1977
Frederick J. Poole, for the term expiring December 31, 1977
The General Government Committee, by Henry W, Hoot, Chairman, moves the approval of the
Foregoing appointments for the terms indicated.
GENERAL GOVERNMENT COMMITTEE
Henry W: Hoot, Chairman
Moved by Hoot supported by Montante the resolution be adopted.
AYES: Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly,
Dunleavy, Fortino, Gabler, Hoot, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson.
(23)
NAYS: Douglas. (1)
ABSTAIN: Houghten. (1)
A sufficient majority having voted therefor, the resolution was adopted.
MISC. 7206
By Mrs. Moffitt
IN RE: AMENDMENT TO RETIREMENT SYSTEM
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Section 11 of the Oakland County Employees Retirement System provides that the
citizen commissioner shall serve without compensation; and
WHEREAS the Oakland County Retirement Commission recommends that the citizen commissioner
be paid per diem for attendance at Retirement Commission meetings; and
WHEREAS the Personnel Committee concurs in said recommendation.
NOW THEREFORE BE IT RESOLVED that Section 11 of the Oakland County Employees Retirement
System be and the same is hereby amended by striking out the words "The Citizen Commissioner" and
inserting therein a new Section 11 to read as follcws:
"The citizen commissioner shall be paid 00 per diem for attending meetings of the
Commission and shall be entitled to actual and riE:(.r ay expenses incurred in attending meetings of
the Commission and in performing required service. E.S a commissioner."
The Personnel Committee, by Paul E. Kasp r, Chairman, moves the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
Lillian V. Moffitt, Vice Chairman
Moved by Moffitt supported by Button the resolution be adopted.
AYES: Price, Roth, Simmons, Wilcox, Wilson, Button, Coy, Daly, Douglas, Dunleavy, Gab''-.
Hoot, Houghten, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Penick.
(23)
NAYS: Aaron, Fortino. (2)
A sufficient majority having voted therefor, the resolution was adopted.
The Chairman vacated the Chair. Vice Chairman James W. Dunleavy took the Chair.
Commissioners Minutes Continued. July 23, 1975 393
Misc. 7207
By Mrs Moffitt
IN RE: PROPOSED C.E.T.A. FINANCED TEST VALIDATION PROJECT FOR CLERICAL EXAMINATIONS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Federal Equal Employment Opportunity Commission is in the process of 1 1-ping
guidelines which will require that all employment selection devices be scientifically vL,ic: -: and
WHEREAS court cases challenging the validity of such selection devices may result 1 - con -
strictive court orders, expensive settlements or possible withholding of Federal funds; and
WHEREAS the County's clerical examinations account for a large portion of the applicants
for County employment and those appointed to County positions; and
WHEREAS the County's C.E.T:A, program designated funds for such research, adequate to cover
the anticipated 520,000 cost of conducting a validation study of the County's clerical selection
devices;
NOW THEREFORE BE IT RESOLVED that the County Personnel Department, utilizing a Psychological
Consultant yet to be designated, carry out a validation study of the County's clerical selection
devices, provided C.E.T.A. funds are made available to finance the study.
BE IT FURTHER RESOLVED that application be made for such C.E.T.A. funding.
The Personnel Committee, by Paul E. Kasper, Chairman, moves the adoption of the foregoing
resolution.
PERSONNEL COMMITTEE
Lillian V. Moffitt, Vice Chairman
Moved by Moffitt supported by Button the resolution be adopted.
AYES: Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly, Douglas,
Dunleavy, Fortino, Gabler, Hoot, Houghten, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page,
Patterson, PerInoff. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Miscellaneous Resolution No, 7208
Recommended by the Board of Public Works
IN RE: RESOLUTION TO APPROVE AGREEMENT RELATIVE TO THE ADDITION OF AREAS IN THE CITY OF ORCHARD LAKE
VILLAGE TO THE FARMINGTON SEWAGE DISPOSAL SYSTEM DISTRICT
Submitted by Mr. Nowak
The following resolution was offered by Mr. Nowak and seconded by Mr. Roth:
RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD OF PUBLIC WORKS WITH RESPECT TO FARMINGTON SEWAGE DISPOSAL
SYSTEM
WHEREAS the Oakland County Board of Public Works has approved a form of Agreement to be
dated March 1, 1975, between the County of Oakland and the City of Orchard Lake Village, the Township
of West Bloomfield, the City of Farmington Hills, the City of Southfield and the City of Keego Harbor
pertaining to the extension of the Farmington Sewage Disposal District and service to Orchard Lake,
and the financing thereof, and did authorize the Chairman and Secretary of the Board of Public Works
to execute said Agreement subject to the approval of this Board of Commissioners; and
WHEREAS the said Agreement has been approved and executed by said Township and said Cities;
NOW THEREFORE BE IT RESOLVED that the Chairman and Secretary of the Board of Public Works be
and they are hereby authorized and directed to execute and deliver on behalf of said County of Oakland,
said Agreement to be dated March 1, 1975, between the County of Oakland and the Township of West
Bloomfield, City of Orchard Lake Village, City of Farmington Hills, City of Southfield and City of
Keego Harbor, which reads as follows:
AGREEMENT RELATIVE TO THE ADDITION OF AREAS TO THE FARMINGTON SEWAGE DISPOSAL DISTRICT AND THE
ASSUMPTION OF A PORTION OF THE COST OF ACQUIRING THE FARMINGTON SEWAGE DISPOSAL SYSTEM AND ARMS AND
EXTENSIONS THERETO
THIS AGREEMENT made as of the 1st day of March, 1975, by and between the COUNTY OF OAKLAND,
a Michigan county corporation (hereinafter called the "County"), party of the first part, and the
CITY OF ORCHARD LAKE VILLAGE, a Municipal corporation in the County of Oakland (hereinafter called
"Orchard Lake"), party of the second part, and TOWNSHIP OF WEST BLOOMFIELD, CITY OF FARMINGTON HILLS,
CITY OF KEEGO HARBOR and CITY OF SOUTHFIELD, municipal corporations in the County of Oakland (herein-
after called the "original municipalities"), parties of the third part.
W1TNESSETH:
WHEREAS the Oakland County Board of Supervisors by Resolution Misc. No. 3270, adopted
August 12, 1957, as amended by Resolution, Misc. No. 3339, adopted January 24, 1958, did approve of
establishment of the Farmington Sewage Disposal System to serve the Farmington Sewage Disposal District,
which district is composed of areas in municipalities in the County, to-wit:
I. TOWNSHIP OF WEST BLOOMFIELD
2. CITY OF FARMINGTON HILLS (formerly Township of Farmington)
3. CITY OF KEEGO HARBOR
4. CITY OF SOUTHFIELD
; and
394
Commissioners Minutes Continued. July 23, 1975
WHEREAS or uant tr I , I la, re,.0 ,/ (/ Di 1 System Agr • ment, dated No% r • . 1957,
as amend, 1 I ,,„. n1 c , I 1,, • I•n.,. Fdrn t - 19 1, -11 1
County e r.1 , t 1-1 and (0' I nd • I.. • .
and F mi. . ,„, I , ,,„ (,, 1I0 ' rt. rs i• (here-
tp• rigii I ,a r i 1 , i '1 ,H. 1 ,15 ilg thru . c k,trks,
iginal , a Di 'a ., •r, ri H di finance suci
r • . 1 ir nticipation 01 , 1 ,,. ha 1 -1 municipal CC4'
in n 0. I',,: provision_ of id , a, Jierein r,f_ir
mr r id
WHEkEAS Act 11) 18 f t air Feelic Act ,- c, ,H I / a amended, ar ots to tge t d '
pubLr ,ortos in any county h 1 1 of Public Vi _ler to ,• 0/ sysim.euired
I U i. ttereto and the 11 -., in • rninof said g. di itosal district and system herein
pr i will protect the put ii n Ilh ,n( o• if re, of ti ci ch r the County to be served thereby;
and
WHERF the Lain, ii 4 . v I ity of Orchard Lake Village, ty - • .1 - f'-1-1 addressed to the County
of Oakland, t',, ti ;t. I. irl,ont of Public Works, has regu t• ' inty to enlarge the r'ar-
ington Sewage I al h s r ;hi •1. hd the Farmington Sewage Dispr o 1,1, pursuant to Act No.
185, Michigan Fu, 4tti. of tal.../ i :mended, for the purpose of provi -M nut in facilities for trans -
porting and treating sanitary sr,!.,,• from said city.
WHEREAS the Oaklan6 COUht y Leard of Commissioners by approval of this Agreement and the
or municipalities by appro ,'al of thit Agt, ment will con ent to including the areas in the City
of Orchard Lake Village in the Farming o ! ni Di irk t; and
WHEREAS Orchard Lake has here of , r nli f int . ,lorary letter ir(em•nts with the County
and the Township of West Bloomfield relatk -. the Farmingi in Sewage Di f.y• hl and to connections
thereto for areas described on Exhibit "A" atiachod hereto and by this re[eira .c m.itit a part hereof
and now desires to serve .those areas and several additional areas, also shown on Exhibit 'A", on a
permanent basis; .nd
WHERE/' Orchard Laxe in order to be served by the Farmington Sewage Di pcsal System, is
required to pu ,« eit., as herein provided, in the Farmington Sewact ar• 1 System (herein
called the " vt, cP) 1•1 t J• re acquired by the County, and to accomplish h Orchard Lake must
assume part of the , 11 tions of West Bloomfield Township..
WHERFAt the ubligations of the original municipalities to i-ke the payments in anticipation
of which the county has issued its bonds cannot be reduced or r. 1 .d •• long as any of said bonds
are outstanding.
THEREFORE IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES [1 :BETO, as follows;
I. Open the znsumption of the obligations herein provided Orchard Lake shall be and become
part ,gf and be entitled to be served by the System upon the same basis as the or municipalities
and ,efiect to the terms and provision,. of the Base 'sic !ement, to vhich Orchard Lake hereby agrees
to kr hq a party. Orchard Lake tl , 11 Im .r i r, • h idr,ed r I from the Clinton-Oakiand Sewage
' System and District with , which ur.11 .d Lake Ir.. wct no payment,
2. The maximum population vd 1 h P tJaal. d shall be required to serve pursuant to this
Agreomosit and the Base 4greement, o i d I. lad the extent of the sewage di ,00sal service
to be rendered such munioipality by 0 / h 11 be as follows:
• maximum or 14 persons or HI , ,r or their equivalent, plus the nil ssi9ned
from time to time .o tb Cyril .nd .h. 0 tdn Icy. Disposal of sanitary a only.
The population equival -nt ri h d .1 hi,. the City shall hereafter be taken into account and
considered to be population serv d 1 W. • t Tloomfield Township in computing the papal. ticn served from
time to time by the Fe.rmiiejton 1 System per to the limitation on population in the
Farmington Sewage O'spo•, 't 4ri mgn,_ fated November 1, 1=-7 , as amended.
3. All . 1 try t , r I p., esI it of the Base Acy,,,Ti i • hall continue in full force and
effect and shall be ap, lir ble to Orcha, I. 0 id the original municipalities in the same manner and
extent as though all i•f ir uHicipalit c w• re parties theret, in the first instance.
4 • The provisions of this Agreen1.1 is shall be construed or applied s • as not to 1 -lair the
security of any bonds issued by the County upon the full faith and credit plc la - of the original
municipalities. It Is hereby declared that the t -ms of this Agreement insof r , they pertain to tee
security of any such bonds, shall b. d (rnd to Le i. the benefit of the hole --s of said bonds.
5. Orchard Lake shall mail, layra at to 1.5 • Bloomfield Township, with respect to all sewage
disposal services provided in Orchard take by conta tion directly or indirectly to the System or to
any sewers or sewage disposal facilitic., in West iloomfield Township which connect to the System as a
temporary lease charge for use of capacities in the System for which West Bloomfield Township is paying
pursuant to the Base Agreoment, a tap -in connection fee and a sewage disposal service charge in the
amounts and at the times shown on Exhibit "B" hereto and by this reference made, a part hereof.
6. All connections now or hereafter made by or for Orchard Lake to the System in or at West
Bloomfield Township shall be made by the City at its expense and shall be operated and maintained by
Orchard Lake at its expense but subject to periodic inspection by West Bloomfield Township. The same
shall apply to all sewers located in Orchard Lake. which are connected to the System, directly or in -
directly. Orchard Lake at its own expense, shall maintain such sewers, located in its jurisdiction,
in good condition and repair to the satisfaction of West Bloomfield and the Oakland County DPW, and
will hold West Bloomfield harmless from any and all claims arising out of any negligence on the part
of Orchard Lake and/or its employees or agents, while engaging in such maintenance and/or repair of
Commissioners Minutes Continued. July 23, 1975 395
such sewer facilities. West Bloomfield shall have the right to inspect the said sewers at any time
and if said sewers or any part thereof are not in a state of good condition and repair, then West
Bloomfield shall notify Orchard Lake in writing as to any deficiency. If Orchard Lak ,- shall fl to
restore the sewers to a state of good condition and repair within a reasonable time th ,::1— ft then
West Bloomfield shall have the right to perform the necessary work and furnish the nece5.., r rials
and Orchard Lake shall pay to West Bloomfield all costs for the repair thereof plus fifon (1 ) r- •
cent additional to cover the overhead costs within thirty (30) days after the expense h..,s E n incurred.
7. In order to be served by the Farmington Sewage Disposal System within the limition or
population established for West Bloomfield in the Farmington Sewage Disposal System Agreement dated
November I, 1957, as amended, the City hereby agrees to become a party to an Agreement for Pollution
Control Facilities that could serve the City when the same is hereafter ready for execution.
8. This Agreement shall become effective upon being approved by the legislative bodies of
Orchard Lake and by the Board of Public Works and Board of Commissioners of Oakland County. The duly
designated officers of Orchard Lake and of the Board of Public Works shall properly execute C-,is
merit. The duly designated officers of the original municipalities which have consented to :.he ,ence ,-
ing of sewage disposal service to Orchard Lake upon execution of an Agreement in this for7 shaH
endorse hereon the fact of their approval as authorized by their respective legislative bodies. This
Agreement shall terminate when the Base Agreement terminates.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered
by their respective duly authorized officers, all as of the day and year first above written.
CITY OF SOUTHFIELD COUNTY OF OAKLAND
By BY ITS BOARD OF PUBLIC WORKS
Mayor By
Chairman By By
City Clerk Secretary
CITY OF FARMINGTON HILLS CITY OF ORCHARD LAKE VILLAGE
By By
Mayor Mayor
By By
City Clerk City Clerk
CITY OF KEEGO HARBOR TOWNSHIP OF WEST BLOOMFIELD
By By
Mayor Supervisor
By By
City Clerk Township Clerk
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396
Commissioners Minutes Continued. July 23, 1975
Commissioners Minutes Continued, July 23, 1975 397
AHIBIT "B"
1. A. SHORECLIff 'OB, LOTS 1 TI ,H1 17 INCL.
thru CO3 k.
18-14-1Y-UtO t.ru 019 i I,
B. S.S, CYRIL _ METHODIM ,sitS\LY
18-11-1 ;
Tap-in Fr, - $4,07 per quarter per unit,
Sewage di charge = same as the sewage disposal charge from time to time
applicable to all properties located in the Farmington
S.D.S. district in West Bloomfield Township, based on
water consumption, if metered, or upon the number of
units assigned by the Board of Public Works.
Payment to be made quarter-annually on receipt of statement from West Bloomfield
Township, or from the Oakland County Department of Public Works.
2. A. ORCHARD LAKE SQUARE SUB. LOTS 1 - 16 INCL.; AND PARCELS CW-40 AND CW44A-3
18-15-428-001 Thru 010 Incl.
18-15-428-012 and 013
B. PONTIAC TRAIL ACREAGE
18-15-427-005
C. STRONG ACREAGE
18-15-301-004
18-15-376-008
18-15-401-001
18-15-427-001
18-15-451-001
18-22-201-001
D. INDIAN TRAIL PROPERTIES
(Assessor's Plat of Rogers Grove)
18-11-376-002
18-11-376-005 thru 011 incl.
Tap-in fee - 1-1/2 times Township fee.
Sewage disposal charge = 1-1/2 times sewage disposal charge paid by Township users
for similar type us ,. .
Payment of the tap in fee for the 32 unit ( itir,g at this time in this area is
to be paid within 180 days of the effective date of this agreement.
Payment of the tap-in fee for any area served by a proposed sewer shall be made
to the Township prior to connecting to the Farmington S.D.S. or any extensions
thereof.
Payment of sewage disposal charges shall be made by the City to the Township
within fifteen (15) days after a statement is rendered to the City by the
Township.
If any further units permitted in this area payment of the tap-in fee shall be
made to the Township prior to connecting to the Farmington S.D.S. or any extensions
thereof.
BE IT FURTHER RESOLVED, that the officers of the Board of Public Works are authorized to
execute and deliver such number of original copies of said Agreement as they may deem advisable.
PLANNING AND BUILDING COMMITTEE
By Patrick M. Nowak, Chairman
Mr. Nowak moved the adoption of the foregoing resolution. The motion was supported by
Mr. Roth.
On roll call the resolution was adopted by the following vote:
YEAS: Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly, Douglas, Dunleavy, Fortino,
Gabler, Hoot, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pei nick,
Price. (24)
NAYS: None. (0)
ABSENT: Dearborn, Kasper. (2)
REPORT
By Mr. Nowak
IN RE: MISCELLANEOUS RESOLUTION 1/7175 - AUTHORIZATION TO RECEIVE BIDS ON INSTALLATION OF GASOLINE
TANK AND PUMP AT DAVISBURG SUBSTATION
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Planning and Building Committee, by Patrick M. Nowak, Chairman, reports Miscellaneous
Resolution No. 7175 with the recommendation that the resolution be adopted.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
398
Commissioners Minutes Continued. July 23, 1975
"Misc. 7175
By Mr. Nowak
IN RE: AUTHORIZATION TO RECEIVE BIDS ON INSTALLATION OF GASOLINE TANK AND PUMP AT DAVISBURG SUBSTATION
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Sheriff's Department patrol cars are now required to use only non-leaded fuel;
and
WHEREAS patrol cars covering th.. northern part of the County must now return to the County
Service Center for refuel in, at consi I r . I.nse and lost time; and
WHEREAS the R....A r-.5.sion Oo• at ( 1 t. allow the County to install a gasoline tank and
pump at their Davisburg •tion, for the to cik•ling of patrol cars; and
WHEREAS your Public Service Committee has recommended ths - such pump and tank be installed
at the Davisburg Substation.
NOW THEREFORE BE IT RESOLVED that the Central Servii's Di. rtment be and is hereby
authorized to receive bids for the installation of a gasoline ;,,rt ,a .d pump at the Davisburg Sub-
station and that a report thereon be made to this Board after re:, hit and tabulation of such bids.
The Planning and Building Committee, by Patrick M. Nowe,, Chairman, moves the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman"
Moved by Nowak supported by Coy that resolution #7175 be adopted.
AYES: Simmons, Wilcox, Wilson, Aaron, Button, Coy, Daly, Douglas, Dunleavy, Fortino, Gabler,
Hoot, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price,
Roth. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, resolution #7175 was adopted.
REPORT
By Mr. Nowak
IN RE: MISCELLANEOUS RESOLUTION #7079 - CREATION OF CRITICAL URBAN ROAD UPGRADING DISTRICT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Planning and Building Committee reports Miscellaneous Resolution #7079 with the
recommendation that said resolution be adopted.
The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the acceptance
of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
"Misc. 7079
By Mr. Houghten
IN RE: CREATION OF CRITICAL URBAN ROAD UPGRADING DISTRICT
To the Oakland County Board of Commissioners
Ladies and Gentlemen:
WHEREAS the County road network is composed of Interstate Highways, State Trunklines, County
roads, municipal and local roads; and
WHEREAS the available highway funding from Federal, State and local sources is made available
within the framework of a long established jurisdictional and institutional system; and
WHEREAS within certain rapidly growing urban areas such as Oakland County there has been
Intensive demand on the road network resulting in critical deterioration of transportation service;
and
WHEREAS it is not possible for the County to finance a large amount of the needed improve-
ments in the highway network within the framework of the regular methods of highway funding allocaticn;
and
WHEREAS tile ever-Increasing backlog of non-upgraded highway links combined with the continual
growth in total number of trips in the County has created critically serious transportation conditions;
and
WHEREAS the incremental impact of the critical transportation conditions in Oakland County
can be analogous to other designated disaster areas where special allocations and all the inter-agency
resources are focused to alleviate the immediate problems;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is requesting
the Governor of Michigan to designate rapidly urbanizing areas such as Oakland County, with a dete-
riorating high intensity usage highway network, as a Critical Urban Road Upgrading District.
BE IT FURTHER RESOLVED that within the designated Critical Urban Road Upgrading District
the resources and available funding of the Federal Highway Administration (FHWA), Michigan Depart-
ment of State Highways and Transportation (MDSH&T), Oakland County Road Commission and Local units
of government be combined to upgrade all the critical highway links regardless of their jurisdiction.
I move the adoption of the foregoing resolution.
Fred D. Houghten, Chairman
Board of Commissioners"
Commissioners Minutes Continued. July 23, 1975
Moved by Nowak supported by Lennon the report be accepted..
A sufficient majority h.aviog voted therefor, the motion carried,
Moved by Nowak. supported by Roth that resolution #7079 be adopted.
AYES: Wilcox, Wilson, Aaron, .Button, Coy, Daly, Douglas, Dupleavy. Fortino Gabler, Hoot,
Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Page, Patterson, Perinoff, Pernick. Price, Roth,
Simmons. (24)
NAYS: None, (0)
A sufficient majority having voted therefor, resolution #7079 was adopted.
The Chairman returned to the Chair,
REPORT
By Mr. Nowak
IN RE: MISCELLANEOUS RESOLUTION #7102 .- OPPOSITION TO SELECTIVE TAX FOR MASS TRANSIT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Planning and Building Committee reports Miscellaneous Resolution #7102 with the
recommendation that said resolution be adopted.
Your Committee further recommends that sometime in the future a constructive report
indicating concurrence with the intention of the proposal be forwarded to the Governor.
The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the acceptance
of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
"Misc. 7102
By Mr. Daly
IN RE: OPPOSITION TO SELECTIVE TAXATION TO SUPPORT MASS TRANSIT
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the State of Michigan desperately needs to plan and establish an efficient system
Of mass transportation; and
WHEREAS this need is particularly felt in the Southeastern portion of the State, where
there is a large concentration of Michigan's population and industry; and
WHEREAS the Southeastern Michigan Transportation Authority and local government officials
have spent many hours helping to plan the future transportation needs of the area; and
WHEREAS a recent mass transit plan submitted by the Governor of this State suggested a
method of regional taxation for the development of mass transit in Southeastern Michigan; and
WHEREAS this plan called for an increase of 50% on passenger vehicles and 252 on commercial
vehicles in the yearly license plate fees of all residents in the Wayne-Macomb-Oakland County area;
and
WHEREAS this kind of selective taxation places an unfair burden on the residents of these
three counties as they are already suffering the effects of these troubled economic times as reflected
by layoffs in the auto industry; and
WHEREAS it is inconceivable that these people, overtaxed and out of work, should be hit with
yet another tax increase, -
NOW THEREFORE BE IT RESOLVED that we unite in opposition to the Governor's proposal for
selective taxation to support mass transit in these three counties and particularly reject his plan
for increasing license plate fees for residents of Wayne, Oakland and Macomb Counties.
Mr. Chairman, I move the adoption of the foregoing resolution.
Patrick K. Daly, Commissioner -District #4"
Moved by Nowak supported by Daly the report be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Moffitt supported by Dunleavy the resolution be tabled.
,A sufficient majority having voted therefor, the motion carried.
REPORT
By Mr. Nowak
IN RE: MISCELLANEOUS RESOLUTION #7016 - USE OFSOCSDS PROPERTY FOR COUNTY PARK FACILITY
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Planning and Building Committee reports Miscellaneous Resolution #7016 with the
recommendation that said resolution be adopted,
The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the acceptance
of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
399
400
Commissioners Minutes Continued. July 23, 1975
"Misc. 7016
By Mr, Simmons
IN RE: USE OF SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM PROPERTY FOR COUNTY PARK FACILITY
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Red Run Drainage District conveyed to the Southeastern Oakland County Sewage
Disposal System, the right-of-way acquired for the Red Run Drain from Campbell Road to Decuindre
Road in the Cities of Royal Oak and Madison Heights, reserving unto the Drainage Board for the Red
Run Drain, the necessary drain easement for th. Red Run Drain; and
WHEREAS between Campbell Road aitl C.'n Ire Road the Southeastern Oakland County Sewage
Disposal System enclosed the previous drain. am
WHEREAS there is presently approximat( ly ninety-three (93) acres upon which no permanent
structure may be constructed but which may be used for park purposes; and
WHEREAS the undersigned Comndssioners supports the establishment of a County Park on the
Southeastern Oakland County Sewage Disposal System property located between Campbell Road and Dequindre
Road In the Cities of Royal Oak and Madison Heights.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the
Oakland County Parks and Recreation Commission to establish a County Park on the present Southeastern
Oakland County Sewage Disposal System property located between Campbell and Dequindre Roads in the
Cities of Royal Oak and Madison Heights.
Mr. Chairman, we move the adoption of the foregoing resolution.
Lawrence R. Pernick, Niles E. Olson,
Howard R. Simmons, Alexander C. Perinoff,
F. Jack Douglas, William T. Patterson,
Kenneth E. Roth, Bernard F. Lennon,
Betty Fortino, Patrick K. Daly,
Dana F. Wilson, Hubert Price, Jr."
Moved by Nowak supported by Simmons the report be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Nowak supported by Wilcox that resolution #7016 be adopted.
A sufficient majority having voted therefor, resolution #7016 was adopted.
Misc. 7209
By Mr. Nowak
IN RE: MONTANTE DRAIN
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS proceedings have been taken by the Statutory Drainage Board for the construction
of the Montante Drain under the provisions of Chapter 20 of Act No. 40 of the Public Acts of 1956,
as amended, pursuant to a petition filed with the Oakland County Drain Commissioner on February 7,
1973; and
WHEREAS the said Drainage Board by resolution adopted on July 9, 1975, authorized and
provided for the issuance of bonds in the aggregate principal amount of $165,000 in anticipation of
the collection of an equal amount of special assessments against the Township of Commerce, the Town-
ship of West Bloomfield and the County of Oakland, said special assessments having been duly con-
firmed by said Drainage Board; and
WHEREAS said bonds are to be designated Drain Bonds, are to be dated November 1, 1975, will
bear interest at a rate not exceeding 10% and will be subject to redemption prior to maturity in
accordance with the provisions of the bond resolution; and
WHEREAS said Drainage Board deems it advisable and necessary to obtain from this Board a
resolution consenting to the pledge of the full faith and credit of the county on the aforesaid
bonds; and
WHEREAS the said drainage project is immediately necessary to protect and preserve the
public health and therefore it is in the best interest of the County of Oakland that said bonds be
sold.
NOW THEREFORE BE IT RESOLVED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
1. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain
Code of 1956, as amended, the Oakland County Board of Commissioners does hereby irrevocably pledge
the full faith and credit of the County of Oakland for the prompt payment of the principal of and
interest on the said Drain Bonds, and does agree that in the event the Township of Commerce, the
Township of West Bloomfield or the County of Oakland shall fail or neglect to account to the County
Treasurer of the County of Oakland for the amount of any special assessment installment and interest
for the Montante Drain, when due, then the amount thereof shall be immediately advanced from County
Funds, and the County Treasurer is directed to immediately make such advancement to the extent
necessary.
2. That in the event that, pursuant to said pledge of full faith and credit, the County
of Oakland advances out of County Funds, all or any part of said installment and interest, it shall
Commissioners Minutes Continued, July 23, 1975 401
be the duty of the Couni/ Tr, a ai r, for He on behalf of the f iunty o' Hand, to take all actions
and proceedings and pur 11 p, emitred or autho, i ri 1.iiI tho reimbursement of such
sums so paid,
3. That U U of no iIio Cc, c ' the some may be in conflict
with the provisions , tb resolution he and the I. ily „ , in(a d.
Mr. Chairman, on behalf of the PlannIng and H' lung Commili e, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
ADOPTED:
YEAS: Wilson, Aaron, Button, Coy, Daly, Dunleavy, Fortino, Gabler, Hoot, Houghten,
Lennon, McDonald, Moffitt, Montante, Nowak, Page, Patterson, Perinoff, Pernick, Price, Roth,
Simmons, Wilcox. (23)
NAYS: Douglas, Olson. (2)
ABSENT: Dearborn, Kasper. (2)
Misc. 7210
By Mr. Nowak
IN RE: PAGE DRAIN
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS proc iiings have been taken by the Statutory Drainge ;id for the construction
of the Page Drain uncer ilie provisions of Chapter 20 of Act No. 40 of th I itlic Acts of 1956, as
amended, pursuant to a fitition filed with the Oakland County Drain Commi ,sioner on March 6, 1975;
and
WHEREAS the said Drainage Board by m solution .dopted on July 9, 1975, authorized and pro-
vided for the issuance of bonds in the aieti a , , princip.•1 amount of $120,000 in anticipation of the
collection of an equal amount of a spec1(1 merit inst the City of Troy, said special assess-
ment having been duly confirmed by said Board; nd
WHEREAS said bonds are to be desiuw.lid Drain bonds, are to be dated November 1, 1975, will
bear interest at a rate not exceeding 8% and will not be subject to redemption prior to maturity; and
WHEREAS said Drainage Board deems it advisable and necessary to obtain from this Board a
resolution consenting to the pledge of the full faith and credit of the county on the aforesaid
bonds; and
WHEREAS the said drainage project is immediately necessary to protect and preserve the
public health and therefore it is in the best interest of the County of Oakland that said bonds be
sold.
NOW THEREFORE BE IT RESOLVED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
1. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain
Code of 1956, as amended, the Oakland County Board of Commissioners does hereby irrevocably pledge
the full faith and credit of the County of Oakland for the prompt payment of the principal of and
interest on the said Drain Bonds, and does agree that in the event the City of Troy shall fail or
neglect to account to the County Treasurer of the County of Oakland for the amount of any special
assessment installment and interest, for the Page Drain, when due, then the amount thereof shall be
immediately advanced from County Funds, and the County Treasurer is directed to immediately make such
advancement to the extent necessary.
2. That in the event that, pursuant to said pledge of full faith and credit the Eo...i-sv
Oakland advances out of County Funds, all or any part of said installment and interest, Ce
the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions
and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such
sums so paid.
3. That all resolutions and parts of resolutions insofar as the same may be in conflict
with the provisions of this resolution be and the same hereby are rescinded.
Mr. Chairman, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
ADOPTED:
YEAS: Aaron, Button, Coy, Daly, Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghten,
Lennon, McDonald, Moffitt, Montante, Nowak, Page, Patterson, Perinoff, Pernick, Price, Roth,
Simmons, Wilcox, Wilson. (24)
NAYS: Olson. (1)
ABSENT: Dearborn, Kasper. (2)
Misc. 7211
By Mr. Nowak
IN RE: GUIDELINES OF DUTIES, RESPONSIBILITIES AND OPERATIONS OF THE SECURITY DIVISION
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the General Government Committee, at their meeting of May 19, 1975, requested that
the Planning and Building Committee establish written guidelines for the duties, responsibilities
402
Comnissioners Minutes Continued. July 23, 1975
and operations of the Security Division; and
WHEREAS such s have been developed through joint conlerences between the County
Executive staff and th ,- Sh(..iff's Department, who are recommending their adoption; and
WHEREAS your Planning and Building Committee has reviewed the agreed upon guidelines and
concurs with such recommendation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approve
the written guidelines, a copy of which is hereto attached.
The Planning and Building Committee, by Patrick M, Nowak, Chairman, moves the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
DUTIES, RESPONSIBILITIES AND OPERATION OF TWE SECURITY DIVISION
The Security Division shall , on all Lan y-owned, operated, le. A properties
and facilities, all security and watchmin s,rvic ,..s including the following:
1. Patrolling of all County-owned, operated or leased facilities and grounds to protect
them from fire, vandalism or other ckmg.:-,
2. Issuing of traffic anil iri ing citations on County properties.
3. Directing traffic at cone:, I'd intersections or construction sites on County propertics.
4. Answering emergency calls in case of illness, injury, disorderly conduct, fire or other
disruptions in the orderly conduct of the daily operations,
5. Performing emergency first aid, when necessary,
6. Answering public inquiries, give directions and generally assist the public.
7. Performing preliminary fire fighting activities until local fire fighting units arrive.
8. Maintaining communications for emergencies, except those used by County Law Enforcement
Facilities including Sheriff's systems,
9. Providing armed bank escorts for County departments, as requested.
10. Preventing and detecting thefts of County-owned and personal property. This is not to
be construed as performing investigation or Detective services.
11. Investigating and reporting accidents,
12. Providing uniformed protection at Auditorium activities.
13. Maintaining emergency evacuation procedures for County facilities except the County
Jail and Sheriff's offices, including sub-stations.
14. Maintaining master key control systems for buildings except for the County Jail and
Sheriff's offices, Including sub-stations.
15. These duties not specifically outlined above pertaining to law and enforcement and
preservation of life and property in the County, are reserved for the County Sheriff's Personnel:
The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next
regular Board meeting.
Misc. 7212
By Mr. Nowak
IN RE: CONCURRENCE WITH DEPARTMENT OF PUBLIC WORKS BOARD RESOLUTION - MERGER OF DRAIN OFFICE AND
DEPARTMENT OF PUBLIC WORKS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Public Works has recommended that the operations of
the County Drain Office and the County Department of Public Works be merged into a single office
pursuant to the provisions of Act 170, Public Acts of 1974; and
WHEREAS the Planning and Building Committee of the Oakland County Board of Commissioners
concurs in the said recommendation and so recommends to this Board;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the implementation of the provisions of Act 170, P.A. of 1974, to allow for the merger
and consolidation of the County Drain Office and the County Department of Public Works into a single
office.
The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the adoptio- oc
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next
regular Board meeting.
REPORT
By Mr. Nowak
IN RE: MISCELLANEOUS RESOLUTION 117001 - MERGER AND CONSOLIDATION OF DRAIN OFFICE AND DEPARTMENT OF
PUBLIC WORKS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Planning and Building Committee reports Miscellaneous Resolution #7001 with the
Commissioners Minutes Continued, July 23, 1975 403
recommendation that said resolution be approved.
The Planning and Building Committee, by Patrick M. F k, Chairman, moves the acceptance
of the foregoing report.
PLANNING AND BUiLuING COMMITTEE
Patrick M. Nowak, Chairman
"Misc. 7001
By Mr. Dunl avy
IN RE: AND CONSOLIDATION OF DRAIN OFFICE AND DEPARTMENT OF PUBLIC WORKS
To the County Board of r.mmissioners
Mr. Chairman, Ladies and Gem:1 hi; ri
WHEREAS the Oakland foiaty Board of Ci••trii'-: i'ncrs d • ir • to i; p asibly implement the
intent of the Electorate of Oakland County a' or ..:,• hi the n o' Optional Unified
Form of County Government to streamline C'4J ,J (, Ifflvnt; and
WHEREAS in the past, County-wick i id Is and th. Board of Commissioners have
supported proposals to merge and cons. lid ih (1 the Oakland County Drain Commissioner •
and the County Department of Public WoJk ,rita inDii .rtment; and
WHEREAS the Oakland County Boar': r C(MMI':f iners, on May 2, 1974, by Miscellaneous
Resolution No. 6669, supported Senate Bill No. 884 whi:h permitted the merger and consolidation of
county drain commissioners and county departments of public works; and
WHEREAS Act 170 of the Public Acts of 1974, as amended, now authorizes county boards of
commissioners to merge and consolidate drain offices and county departments of public works into
single departments; and
WHEREAS such merger and consolidation would promote more effective use of County personnel
and funds, thereby benefiting the taxpayers of Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners provides for
a public hearing to be held on the question of the merger and consolidation of the Oakland County
Drain Commissioner and the County Department of Public Works into one department.
BE IT FURTHER RESOLVED that upon completion of said hearing, the Oakland County Board of
Commissioners, pursuant to the provisions of Act 170 of the Public Acts of 1974, as amended, combines
the powers, duties and functions of the Oakland County Drain Commissioner and the County Department of
Public Works as set forth in Act 185 of the Public Acts of 1957, as amended, Act 342 of the Public
Acts of 1939, as amended and Act 40 of the Public Acts of 1956, as amended, into one County Depart-
ment headed by a Public Works Commissioner.
Mr. Chairman, I move the adoption of the foregoing resolution.
James W. Dunleavy, Commissioner -'District #2"
The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next
regular Board meeting.
REPORT
By Mr. Nowak
IN RE: MISCELLANEOUS RESOLUTION #7015 - MERGER OF DRAIN OFFICE AND DEPARTMENT OF PUBLIC WORKS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Planning and Building Committee reports Miscellaneous Resolution #7015 with the
recommendation that said resolution be adopted.
The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the acceptance
of the foregoing report.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
"Misc. 7015
By Mr. Lennon
IN RE: MERGER OF DRAIN OFFICE AND DEPARTMENT OF PUBLIC WORKS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Act 40 of the Public Acts of 1956, as amended by Act 170 of the Public Acts of 1974, permits the merger and consolidation of the Office of County Drain Commissioner and the
Department of Public Works into one department headed by an elected public works commissioner; and
WHEREAS the undersigned commissioners believe that Act 40 should be amended to permit a
county operating pursuant to the provisions of Act 139 of the Public Acts of 1973, as amended, to
either elect the public works commissioner or appoint a public works commissioner.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the State
legislature to amend Act 40 of the Public Acts of 1956, as amended, to permit a county operating
pursuant to the provisions of Act 139 of the Public Acts of 1973, as amended, the option, through
Its board of commissioners, to appoint a public works commissioner.
Mr. Chairman, we move the adoption of the foregoing resolution.
Bernard F. Lennon, Howard R. Simmons,
Betty Fortino, Patrick K. Daly, Dana F. Wilson,
Lawrence R. Pernick, Niles E. Olson,
Kenneth E. Roth, F. Jack Douglas,
Alexander C. Perinoff, Hubert Price, Jr."
404
Commissioners Minutes Continued. July 23, 1975
The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next
regular Board meeting.
Misc. 7213
By Mr. Nowak
IN RE: MEDICAL CARE FACILITY LEASE AND LEASE BACK AGREEMENTS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland established a Building Authority by Resolution No. 4534,
dated February 8, 1966; and
WHEREAS it is necessary for the County of Oakland to lease to the Building Authority, the
land upon which the proposed Medical Care Facility will be built; and
WHEREAS it is necessary for the County of Oakland to lease back from the Building Authority
the proposed Medical Care Facility; and
WHEREAS the Building Authority has approved the Lease and Lease Back Agreements; and
WHEREAS your Committee has reviewed the Lease and the Lease Back Agreements, and recommends
that they be approved by this Board and that the Chairman of this Board be authorized and directed to
execute said lease; and
WHEREAS the presentation presented to this Board on this day should be approved by this
Board.
NOW THEREFORE BE IT RESOLVED that the County of Oakland approves the Lease and the Lease
Back Agreements to be entered into with the Oakland County Building Authority for the Medical Care
Facility and the Chairman of this Board is hereby directed and authorized to execute the Lease and
Lease Back Agreements on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the presentation presented to this Board this day be approved.
The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Patrick M. Nowak, Chairman
LEASE
THIS LEASE AGREEMENT made as of the 1st day of August, 1975, by and between the COUNTY OF
OAKLAND, a Michigan county corporation, whose address is c/o the Chairman of the County Board of
Commissioners, County Building, Pontiac, Michigan, the lessor (herein the "County"), and OAKLAND
COUNTY BUILDING AUTHORITY, a public corporation organized and existing under the authority of Act 31,
Public Acts of Michigan, 1948, First Extra Session, as amended, whose address is 1200 North Telegraph
Road, Pontiac, Michigan, the lessee (herein the "Authority").
WITNESSETH:
WHEREAS the County is the owner of premises hereinafter more fully described as part of the
lands owned and used by the County as the Oakland County Service Center on which is located the
Oakland County Building and other buildings and facilities of the County; and
WHEREAS the Authority was formed as a County Building Authority pursuant to the provisions
of Act 31 of the Michigan Public Acts of 1948, as amended, its purpose being to acquire, furnish,
equip, own, improve, enlarge, operate and/or maintain a building or buildings and the necessary site
or sites therefor, for the use of the County of Oakland; and
WHEREAS the Authority has heretofore acquired the East Wing addition to the Oakland County
Building and the Law Enforcement - Jail Complex and has leased the same to the County for use as part
of the Oakland County Building complex at the Oakland County Service Center in the City of Pontiac;
and
WHEREAS the next project to be undertaken by the Authority is to acquire a Medical Care
Facility consisting of a building and the necessary equipment and furnishings therein and appurtenant
roads, parking areas, landscaping, and other site improvements, to be located on the premises here-
inafter more fully described; and
WHEREAS it is therefore necessary for the County to lease premises to the Authority so I-a:
the leased premises as improved by the acquisition of the Medical Care Facility may be leased back
the County, pursuant to a Contract of Lease-Back to be entered into between the County and the Authority
(herein the "Contract Of Lease-Back"); and
WHEREAS because the Authority intends to use the rentals paid pursuant to the Contract Of
Lease-Back to finance the acquisition of the Medical Care Facility and to issue the bonds of the
Authority in anticipation of part of the rental payments, it is necessary for the Authority to enter
Into this lease with the County;
NOW THEREFORE IT IS AGREED AS FOLLOWS:
A. The County does hereby let and lease to the Authority subject to the terms and conditions
herein set forth the following described premises situated in the Township of Waterford, County of
Oakland, State of Michigan, to-wit:
Part of the Northeast Quarter of Section 24, Town 3 North, Range 9 East, Waterford Township,
Oakland County, Michigan, described under Oakland County Service Center co-ordinate base system as
beginning at a point located North 89 °45'16" West 800.15 feet along the East and West quarter line of
said Section 24 and North 0 0 0 1 18" West 1146.57 feet from the East Quarter corner of said Section 24,
said point of beginning being County Service Center coordinates North 1150.00 and West 800.00; thence
from said point of beginning due West 250.00 feet to co-ordinate point North 1150.00 and West 1050.00;
Commissioners Minutes Continued. July 23, 1975 405
thence North 45'0'0" West 212.13 f ri t 1 co-oi .1c [oint North 1300.00 and West 1A0.'"0; thence
due North 200.00 feet to co-ordihat ! int Nc.th 1%00,00 and West 1260 00; thence di 1. 400,00
feet to co-ordinate point North il(ei (i0 and West 80'1 'qi th. . is: i! '1,60 fn t the point
of beginning North 1150.00 and V' !!0.1 O. All ,a,,rine .. I A ,n Oak1i d .,enty ...ter base
lines and containing 2.956 acre
(herein the "Site") for a term , r beginning on the first day of August, 1j a 01 the
thirty -first day of July, 2015, o fi.it to the rights of termination hereinafte. I, f a- the
sum of One Dollar ($1.00) per year sayable on August 1, 1375 no on January 1st of ea, y,th there-
after to and including January 1, A.5, unless this Lease be r,r,i r terminated, and Cs, 1i !orring
of the covenants of the Authority herein pr ,vided, and the 0 ! eing up and surrendering to the
County of all of the improvements on th the conclusion or term hereof, all the aforesaid
being the rental reserved hereunder to f. le 1 o the County by tie Authority.
B. The County does hereby grant and convey to the Autfii ! ii ; c 30 long as t'js Lease
remains in effect, and to its successors r isigns, a right a,el ie ,t over the lat.(' of the County
adjoining, abutting or surrounding the Site for the purpose of ii lid egress by tiE Authority
and its employees, agents or any person or persons desiring to (11 ,', , 1' ve the Medi-, I Care Facility
to be acquired by the Authority on the Site.
C. The County hereby covenants that so long as th f i r in effect the County will
furnish to the Authority or will allow the Authority, its ti:«t oi oi eh , its employees or
agents, and anyone coming to or going from the Medical Care Facilit, to b cquired by the Authority
on the Site, to make use of the following services and faciliti,s, with°, t special charge to the
Authority or any other person or persons above mentioned, to-wit:
1. Parking in any of the parking lots or parking facilitiE p. • by the County at its
Oakland County Service Center site, with the understanding, however, oll reasonable rules and
regulations pertaining to such parking and any reasonable fees charged f r the use of such parking,
applying to all persons using the same, shall apply hereunder but that thc enforcement of such rules
and regulations and the collection of such fees shall be carried out by the County at its sole
expense.
2. Make or permit to be made the nece ory connections of water, light, heat, telephone,
air conditioning, storm drainage and sanitary eiv—ai disposal as avail ibl on or from the buildings
and facilities in the Oakland County Service f_ilLar ti the Medical Come ility to be acquired by
the Authority on the Site, and to provide the services through the connect. T1 to the Medical Care
Facility to be acquired by the Authority on the Site, except for telephorE civir -s, during the entire
term of this Lease without charge to the Authority or its successors or .
D. The Authority hereby leases the Site for the term and on the «mditions and with the
appurtenances as aforesaid and agrees and covenants with the County as follov_:
1. That the Authority will commence and complete within a reasonable time from and after
date of possession hereof the construction of a Medical Care Facility, in accordance with plans and
specifications to be described in detail in the Contract Of Lease-Back.
2. That the Authority accepts the Site in its condition as of the date hereof, including
such improvements as now may be located thereon, and it is understood that the removal of such
improvements and the preparation of the Site for the construction of the Medical Care Facility thereon
to be leased back to the County shall be at the expense of the Authority.
3. That all improvement! , fixtures and/or equipment of whatsoever nature as shall be
erected on or installed in the Midi‘; 1 Care Facility to be erected on the Site by the Authority shall
be the property of the County upon pirition or termination of this Lease.
4. That the County may terminate this Lease notwithstanding the terms expressed above,
on thirty (30) days written notice te the Authority, on the occurrence of any of the following events,
to-wit:
(a) The Authority and the County do not enter into the Contract Of Lease-Back on or before
October I, 1975; or
(b) The Authority does not issue its building authority bonds as contemplated by the
Contract Of Lease-Back prior to July 1, 1976; or
(c) All bonds issued by the Authority to finance the acquisition of the building on the
leased premises, including any bonds to refund or replace a previous issue of bonds for this purpose,
and all other obligations of the Authority incurred to finance the acquisition of such Medical Care
Facility, have matured, by expiration or call, and have been paid in full.
5. That the Authority will use the Site for acquiring thereon a Medical Care Facility
and for no other purpose, without the consent of the County, but subject to the terms and conditions
of bonds issued by the Authority to provide funds for the acquisition of the Medical Care Facility
and the construction thereof, and subject to the rights of the holders of such bonds to make or
cause to be made such use of the Site as may be authorized by law or by the Contract Of Lease-Back
for the purpose of securing, obtaining or enforcing payment of such bonds.
6. That the Authority will use and occupy the Site in a careful and proper manner; not
committing any waste therein; not use or occupy the Site for any unlawful purpose; conform to and
obey all present and future laws, ordinances, rules, regulations, requirements and orders of all
governmental authorities or agencies pertaining to the use and occupancy thereof, except that the
County may not unreasonably impose or enact any ordinance, rule, regulation or order with respect
to the Site which will or may contravene, negate, amend or unduly burden any of the terms and pro-
visions of this Lease.
7. That the Authority will not assign this Lease or any part thereof without the written
consent of the County, except that the Authority may grant to the holders of any bonds issued by
the Authority to provide funds for the acquisition and construction of the Medical Care Facility
4O6
Commissioners Minutes Continued. July 23, 1975
on the Site, and any trustee, receiver, committee, agent or employee of iaand holders as may be
designated pursuant to the terms of the bonds or applicable law to reprc t the bond holders in the
enforcement of their rights under the bonds, the right to use and to occi t the Site for the main-
tenance and operation of the Medical Care Facility located thereon for the purpose of obtaining funds
to make the payments of principal and interest and other charges required in connection with the bonds,
which right shall extend to any refunding bonds or other obligations issued to refund or replace the
bonds.
E. The County hereby covenants and agrees that on the performance of all of the covenants
herein contained to be performed by the Authority, the Authority shall and may peaceably and quietly
have, hold and enjoy the Site for the term aforesaid, and the County agrees and covenants with the
Authority as follows:
1. That upon completion of the Medical Care Facility on the Site by the Authority and
Commencement of occupancy thereof by the County, the County shall indemnify and hold harmless the
Authority from, and the Authority shall not in any event whatsoever be liable for, any injury or
damage to any person happening on or about the Site or for any injury or damage to the Site or to
any property of the County or to any property of any other person, firm, association or corporation
on or about the demised premises, and the foregoing indemnification and holding harmless of the
Authority shall apply to all areas, lands and buildings owned by the Authority and adjoining, abut-
ting or surrounding the Site The County shall indemnify and save harmless the Authority from and
against any and all liability and damages, and from and against any and all suits, claims and demands
of every kind and nature, including reasonable counsel fees, by or on behalf of any person, firm,
association or corporation, arising out of or based upon any accident, injury or damage, however
occurring, which shall or may happen on or about the Site, or in, on or about the areas, lands and
buildings adjoining, abutting or surrounding the Site, and from and against any matter or thing grow-
ing out of condition, maintenance, repair, alterations, use, occupation, or operation of the Site
or in, on or about the areas, lands and buildings adjoining, abutting or surrounding the Site, and
endorse the Authority as an assured on an acceptable comprehensive public liability policy in the
amount of S500,000.00 for injury to any one person and in the amount of $1,000,000.00 for any one
accident. During the period of construction, and until the County accepts and occupies the building
on the Site pursuant to the Contract Of Lease-Back, the Authority and its contractors shall maintain
adequate insurance covering all claims and liabilities which may arise out of the use and occupancy
of the Site, which claims and liabilities shall be covered by insurance and bonds as provided in the
Contract Of Lease-Back.
2. That the County shall have a right of reentry hereunder only on termination of this
Lease in the manner and at the times provided herein, and not for nonpayment of rent. If the Contract
Of Lease-Back is executed between the County herein as lessee in the Contract Of Lease-Back and the
Authority herein as lessor in the Contract Of Lease-Back, and if the bonds of the Authority hereunder
are sold to finance the acquisition of the Medical Care Facility on the Site, then this Lease shall
not be subject to termination even though the Contract Of Lease-Back or the bonds shall be declared
to be invalid, unenforceable or void, and this Lease shall continue for its full term and the
Authority hereunder shall be the owner of the Medical Care Facility on the Site during the lease
term and entitled to make such lawful use thereof as may be necessary to repay all funds advanced,
contracts performed, or credit extended for the purpose of acquiring and constructing the Medical
Care Facility on the Site.
3. That the Authority shall be entitled to the possession of the Site upon delivery of its
building authority bonds as contemplated by and described in the Contract Of Lease-Back.
4. That the County will cooperate in every reasonable way with the Authority, including
the furnishing of information and the execution of documents, to enable the Authority to obtain all
necessary permits or licenses for the acquisition and construction of the Medical Care Facility on
the Site in accordance with the plans and specifications described in the Contract Of Lease-Back.
5. That the County will accept the Site at the termination of this Lease in "as is"
condition and without further obligation or duty of any nature, including the payment of moneys, on
the part of the Authority.
F. It is mutually agreed between the County and the Authority:
1. That any notices required by this Lease shall be sufficient if addressed to the party
entitled to notice at its last known address by ordinary mail with postage thereon fully prepaid,
directed to the attention of the chairman of the party entitled to notice.
2. That each party hereto does hereby remise, release, and discharge the other party hereto,
and any agent, employee and representative of such party, of and from any liability whatsoever here-
after arising from loss, damage and injury caused by fire or other casualty for which insurance
(permitting waiver of liability and containing a waiver of subrogation) is carried by the injured
party at the time of such loss, damage or injury to the extent of any recovery by the injured party
under such insurance.
3. That in the event any part of the Site, or of any of the means or areas of ingress or
egress to the Site, are taken by any right of eminent domain by any superior governmental power, the
County and the Authority shall by appropriate agreements and by cooperative action divide up any pay-
ment for such taking in such a manner, or make arrangements with respect to such superior governmental
power, which shall insure the payment of any bonds or other obligations of the Authority incurred or
outstanding by reason of the acquisition and construction of the Medical Care Facility on the Site.
Commissioners Minutes Continued. July 23, 1975 407
4. This Lease and all covenants, provisions and conditions herein contained shall inure
to the benefit of and be binding upon the successors and assigns of the parties hereto; provided,
however ; that no assignment by, from, through or under the Authority in violation of the provisions
herein shall vest in the assignee any right, title or interest whatever,
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year
first above written.
WITNESSES: COUNTY OF OAKLAND
By:
Chairman, Board of Commissioners
WITNESSES: OAKLAND COUNTY BUILDING AUTHORITY
By:
Chr. f171 41 if Commission
By:
STATE OF MICHIGAN) Secro ry of Commission
55.
COUNTY OF OAKLAND)
On this day of , 1975, before me appeared , to me
personally known, who being by me duly sworn, did say that he is the Chairman of the Board of Commis-
sioners of the County of Oakland, State of Michigan, and that the foregoing Lease was signed by him
in behalf of said County by authority of its Board of Commissioners, and the said person acknowledged
said instrument to be the free act and deed of said County.
Notary Public, Oakland County
Michigan
My commission expires:
STATE OF MICHIGAN)
ss.
COUNTY OF OAKLAND)
On this day of , 1975, before me appeared and
, to me personally known, who being by me duly sworn, did each for himself say
that they are respectively the Chairman and the Secretary of the Oakland County Building Authority,
Oakland County, Michigan, and that the foregoing Lease was signed by them in behalf of said Authority
by authority of its Commission, and the said persons acknowledged said instrument to be the free act
and deed of said Authority.
Notary Public, Oakland County,
Michigan
My commission expires:
CONTRACT OF LEASE-BACK
THIS FULL FAITH AND CREDIT GENERAL OBLIGATION CONTRACT OF LEASE-BACK is made as of the
1st day of August, 1975, by and between the OAKLAND COUNTY BUILDING AUTHORITY, a building authority
organized and existing under and pursuant to the provisions of Act No. 31, Public Acts of Michigan,
1948 (First Extra Session), as amended, as lessor (herein the "Authority"), and the COUNTY OF OAKLAND,
a Michigan county corporation, as lessee (herein the "County").
WITNESSETH:
WHEREAS the Oakland County Building Authority has heretofore been incorporated by the
County of Oakland, pursuant to Act No. 31, Public Acts of Michigan, 1948, (First Extra Session), as
amended, for the purpose of acquiring, furnishing, equipping, owning, improving, enlarging, operating
and/or maintaining a building or buildings, automobile parking lots or structures, recreational
facilities, and the necessary site or sites therefor, for the use of the County of Oakland, Michigan;
and
WHEREAS the County is in need of a new Medical Care Facility for its citizens, and
WHEREAS the Authority has entered into a Lease with the County dated as of August 1, 1975
(herein the "Lease") wherein the Authority has agreed to lease the following described real 7rcperty
Part of the Northeast Quarter of Section 24, Town 3 North, Range 9 East, Waterford To'.--
ship, Oakland County, Michigan, described under Oakland County Service Center co-ordinate base system
as beginning at a point located North 89 °45'16" West 800.15 feet along the East and West quarter line
of said Section 24 and North 0°0'18" West 1146.57 feet from the East Quarter corner of said Section
24, said point of beginning being County Service Center co-ordinates North 1150.00 and West 800.00;
thence from said point of beginning due West 250.00 feet to co-ordinate point North 1150.00 and West
1050.00; thence North 45 °0'0" West 212.13 feet to co-ordinate point North 1300.00 and West 1200.00;
thence due North 200.00 feet to co-ordinate point North 1500.00 and West 1200.00; thence due East
400.00 feet to co-ordinate point North 1500.00 and West 800.00; thence due South 350.00 feet to the
point of beginning North 1150.00 and West 800.00. All bearings based on Oakland County Service Center
base lines and containing 2.956 acres (herein the "Site");
from the County and the County has agreed to lease the Site to the Authority on the terms and condi-
tions set forth in the Lease; and
WHEREAS it is proposed that the Authority finance the cost of designing, acquiring, con-
structing, equipping and furnishing a medical care facility in accordance with plans and specifi-
cations prepared by Louis D. Kilgore and Associates, 279 South Woodward, Birmingham, Michigan entitled
"OAKLAND COUNTY MEDICAL CARE FACILITY," Pontiac, Michigan, 74-28B-R Project No. 7420 Issued for
408
Commissioners Minutes Continued. July 23, 1975
Preliminary Approval December 13, 1974, as heretofore and hereafter duly revised from time to time
(herein the "Plans and Specific ,:ticn -"), by the issuance of building authority bonds payable from
cash rentals to be paid by t, to the Authority pursuant to this Contract Of Lease-Back; and
WHEREAS the medical ce ,e facility to be constructed on the Site and leased to the County
has an estimated useful life of 30 years and upwards and a construction cost of approximately
S2,633,000. and
WHEREAS in order to provide cer the design, acquisition, construction, equipping and
furnishing of the Medical Care Facility and to make possible the issuance of building authority bonds
to finance the cost thereof, it is nit . .ary for the parties to enter into this Contract Of Lease -
Back;
THEREFORE in consideration o the mutual undertakings and agreements hereinafter set forth,
IT IS HEREBY AGREED BY AND BETWEEN THE 1./.13TIES HERETO, as follows:
/, The Authority shall, as soon as practicable after the effective date of this Contract
Of Lease-Back, proceed to issue its building authority bonds in the aggregate principal an, unt of
53,200,000, pursuant to and in accordance with the provisions of Act No 31, Public Acts cf Hichigan,
1948 (First Extra Session), as amended, (herein the "Bonds") for the purpose of defray ii i ist of
issuing the Bonds, paying interest on the Bonds during the construction period, and deni - ,
acquiring, constructing, equipping and furnishing the Medical Care Facility in accordance with the
Plans and Specifications (herein the "Medical Care Facility") and shall pledge for the payment of
the principal of and interest on the Bonds the receipts from the cash rental payments hereinafter
agreed to be paid by the County, The Bonds shall be dated July i, 1975, and shall mature on July 1
in each of the years 1977 through 1997. Upon receipt of the proceeds of the sale of the Bonds the
Authority shall immediately deposit such proceeds in a construction fund, which shall be maintained
as a separate depositary account and from which shall be paid the cost of designing, acquiring, con-
structing, equipping and furnishing the Medical Care Facility; provided however, any premium and
accrued interest received from the purchaser of the Bonds shall be transferred to the bond and interest
redemption fund.
2. When the Bonds have been delivered and the Authority has received the proceeds from the
sale of the Bonds, the Authority shall complete the acquisition of the Medical Care Facility in
accordance with the Plans and Specifications. The Plans and Specifications are hereby approved and
adopted by the County and the Authority, The County hereby assigns to the Authority all of the rights
Cr-'.benefits of the County pursuant to a certain Contract dated September 5, 1974, by and between the
C unty and Askenazy Construction Company providing for the furnishing of all the materials, means of
Ci ign and construction, other accessories, and performance of all the work described in the Design-
Build Proposal Documents entitled Oakland County Medical Care Facility Project 71-28B-R (herein the
"Construction Contract"). The Authority hereby assumes and agrees to perform the obligations and
duties of the County pursuant to the Construction Contract. The assignment of rights and benefits,
and the assumption of obligations and duties, pursuant to the Construction Contract under this
paragraph 2 are all to be effective simultaneously with the delivery of the Bonds at which time the
Authority shall reimburse the County for all amounts duly paid Askenazy Construction Company pursuant
to the Construction Contract, In the event the above assignment of rights and benefits and assumption
of obligations and duties under the Construction Contract is not recognized for any reason, the County
shall continue to carry out its duties and obligations and enforce its rights pursuant to the Con-
struction Contract, the Authority shall reimburse the County for sums paid pursuant to the Construct-
ion Contract, and all buildings, equipment, furniture, fixtures, and appliances constructed and
furnished to the County pursuant to the Construction Contract shall, immediately upon delivery thereof
to the County, become the property of the Authority.
3. Any unexpended balance of the proceeds of the sale of the Bonds remaining after issuance
of the Bonds and completion of the Medical Care Facility may be used to improve or enlarge the Medical
Care Facility or for other projects of the Authority leased to the County if such use is approved by
the Municipal Finance Commission and the County. Any unexpended balance not so used shall be paid
into the bond and interest redemption fund and the County shall receive a credit against the cash
rental payments next due under this Contract Of Lease-Back to the extent of the moneys so deposited
in the manner provided in the resolution authorizing the Bonds.
4. The Authority shall require a sufficient fidelity bond from any person handling funds
of the Authority.
5. The Authority does hereby lease the Medical Care Facility to be constructed on the Site
in accordance with the Plans and Specifications to the County for a term commencing simultaneously
with the term of the Lease and ending simultaneously with the end of the term of the Lease.
It is estimated that the Authority will complete the construction, equipping and furnishing
of the Medical Care Facility on or before July 1, 1977. The County shall have possession of the
Medical Care Facility immediately upon completion, whether prior to, or after, the estimated
completion date. When all of the Bonds have been retired the Authority shall convey to the County
all of its right, title and interest in the Lease and the Medical Care Facility. Upon such conveyance
by the Authority to the County this Contract Of Lease-Back shall terminate and the Authority shall
have no further interest in, or obligations with respect to, the Medical Care Facility.
6. The County hereby agrees to pay to the Authority as cash rental for the project herein
leased to it by the Authority such periodic amounts as shall be sufficient to enable the Authority
to pay the principal of and interest on the Bonds as such principal and interest shall become due.
On December I, 1975, and each December 1 thereafter while any of the Bonds are outstanding the County
shall pay to the Authority an amount sufficient to pay the interest due on the Bonds on the following
Commissioners Minutes Continued. July 23, 1975 409
Januaryl. On June 1, 1976, and each June I thereafter while any hf the Bonds arc -ut -ri!n,- the
County shall pay to the Authority an amount sufficient to pay the interest and pi incieel if .0y,
due on the Bonds on the following July 1, The County hereby p1 its full faith ,nci cr o or
the payment of the cash rental when due and agrees that it will 1 hy ach year such ad v r .s
as shall be necessary for the payment of such cash rental which t es shall be levied withch
limitation as to rate or amount and shall be in addition to any other taxes which the Count y
otherwise be authorized to levy but shall not be in an amount or at a rate exceeding that r ,,e y
to pay its contractual obligation pursuant to this Contract Of Lease-Back. If the County, at t',
time prescribed by law for the making of its annual tax levy, shall have other funds on hand fro
any lawful source which have been set aside and earmarked for payment of its obligations for .ahich
a tax levy would otherwise have to be made, then the tax levy shall be reduced by the amount of such
other funds. The obligation of the County to a. k' such cash rental payments shall not be subject to
any setoff by the County nor shall there be 1,, bAement of the cash rentals for any cause including,
but not limited to, casualty damage to the 'I Fac., or the Med. Care Fac. being untenh able .
7. In addition to the cash rental [..tvid fcr in Section 6 hereof, the County h(. y
agrees to pay to the Authority all operating e,pchl.r.. of the Authority relating to the 1 oi I C -e
Facility and the Bonds, including, but not 1 irnitel to, expenses of the issuance and payment of the
Bonds, The obligations of the County to make such payments shall begeneral ,bligations of the County.
8. The County shall, at its own expense, operate and maintain the Medical Care Facility
and shall keep the same in good condition and repair. Operation and mai i ,, cc shall include, but
not be limited to, the providing of all personnel, equipment and facilici , 11 light, power, heat,
water, sewerage, drainage and other utilities, and all properties and Se rice of whatever nature, as
shall be necessary or expedie ,t in the operation and maintenace of the Me'll ' 1 Care Fac'lity.
Premiums for insurance require 4 to be carried upon or with respect to thE project OF th. ' thereof
and taxes levied upon either [ ty hereto on account of the ownership thereof i,- als or
income therefrom shall likewi • a deemed operation and maintenance . The cl , , of the
County to pay all costs and expenses of the operation and maintenance of tip project helIb ageneral
obligation of the County.
9. The County shall provide, at its own expense, fire and ez':er -.1 c in urance in an
amount which is at least equal to the amount of the Bonds outstanding f. i oe to the
amount of the full replacement cost of the project if that amount Fe 1 e • nut of Bonds
outstanding. Such insurance shall be payable to the County and the Autho, ii - 'Heir interests may
appear and shall be made effective from the date of commencing of the t rr oi thi, Contract Of Lease-
Back. In the event of the partial or total destruction of the Medical C r rEhility, or if tne
Medical Care Facility is for any reason made urusuable, the cash renta , r ,h, ,ts, as provided in
Section 6 hereof, shall continue unabated. The County shall have the opt'' to use the proceeds of
insurance, in the event of loss or damage to the project, for the repair o restoration of the project.
If the County shall determine not to use the proceeds of insurance for the repair or restoration of
the project the amount of such insurance proceeds shall be paid to the Authority and by it deposited
in the bond and interest redemption fund and the County shall receive appropriate credits on future
cash rental payments due.
10. The County shall provide adequate liability insurance protecting the County and the
Authority against loss on account of damage or injury to persons or property, imposed by reason of
the ownership, possession, use, operation or repair of the Medical Care Facility or resulting from
any acts of omission or commission on the part of the County or the Authority or their agents, officers
or employees in connection therewith. Such insurance shall be made effective from the date of
commencement of the term of this Contract Of Lease-Back.
11. The Medical Care Facility shall not be used or permitted to be used in any unlawful
manner or in any manner which would violate the provisions of any contract or agreement between the
County or the Authority and any third party. The County shall hold the Authority harmless ace keep
It fully indemnified at all times against any loss, injury, or liability to any person or property
by reason of the use, misuse or non-use of the project or from any act or omission in, on or about
the Medical Care Facility. The County shall, at its own expense, make any changes or alterations
in, on or about the project which may be required by any applicable statute, charter, ordinance or
governmental regulation or order, and shall save the Authority harmless and free from all cost or
damage in respect thereto.
12. The County, in its sole discretion, may install or construct in or upon, or may remove
from the Medical Care Facility, any equipment, fixtures or structures and may make any alterations
or structural changes as it may desire.
13. The Authority, through its officers, employees or agents, may enter upon the Medical
Care Facility at any time during the term of this Contract Of Lease-Back for the purpose of inspecting
the Medical Care Facility and determining whether the County is complying with the covenants, agree-
ments, terms and conditions hereof.
14. Inasmuch as this Contract Of Lease-Back, and particularly obligations of the County to
make cash rental payments to the Authority, provide for the security for payment of the principal of
and interest on the Bonds, it is hereby declared that this Contract Of Lease-Back is made for the
benefit of the holders of the Bonds as well as for the benefit of the parties and that the holders
of the Bonds shall have contractual rights herein. In the event of any default on the part of the
County, the Authority and the holders of the Bonds shall have all rights and 'remedies provided by
law and especially by Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended.
The parties further covenant and agree that they will not do or permit to be done any act, and that
this Contract Of Lease-Back will not be amended in any manner, which would impair the security of the
410
Commissioners Minutes Continued, July 23, 1975
Bonds or the rights of the holders thereof. An amendment of this Contract Of Lease-Back to authi ize
the issuance of additional building authority bonds and providing for the payment of additional •-b
rentals for the payment thereof shall not be deemed to impair the security of the Bonds or th., ri•. ts
of the holders of the Bonds.
15. This Contract Of Lease-Back shall inure to the benefit of, and be binding upon, thL
• tt /-.• parties hereto and their successors and assigns; provided however, that no assignment shall
:•i• in violation of the terms hereof nor shall any assignment be made which would impair the
:ity of the Bonds or the rights of the holders thereof,
16. In the event the Bonds to finance the project cannot be or are not issued by the Authority
prior to July 1, 1976, the project shall be abandoned and the County shall pay all expenses of t'-.e
Authority incurred to the date of abandonment, and neither party shall have any further obligations
under this Contract Of Lease-Back.
17. The right to give any consent, agreement or notice f ri requir,c1 or permitted shall be
vested, in the case of the County, in it• Er ,id )fl Commissioners, HI in thr of the Authority,
in its Commission, Any notice required or d-rir.7:ted to be g i v n lir , unci,, skill be given by delivering
the same, in the case of the County, to tt. Chairman of the Board of Commissiclers, and in the case
of the Authority, to any member of its Commi,sion.
18. In the event changes in the constitution or statutes of the State of Michigan shall
occur which shall affect the organization, territory, powers or corporate status of the County, the
terms and provisions of this Contract Of Lease-Back shall be unaffected hereby insofar as the
obligation of the County to make cash rental payments is concerned. The proceeds of any sale or other
liquidation of any interest of the County in the Medical Care Facility are hereby impressed with a
first and prior lien for payment of the Bonds or other obligations of the Authority incurred by reason
of the Medical Care Facility or any additions or improvements thereto.
19. This Contract Of Lease-Back shall become effective on the date hereof and shall remain
in full force and effect until the end of the term of the Lease, unless terminated prior to such date
in accordance with the provisions hereof.
IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the
COUNTY OF OAKLAND, by its Board of Commissioners, have each 7J' A this Contract Of Lease-Back to be
signed in its name, for and on its behalf, by its duly author.; i officers, and its Seal to be affixed
hereto, as of the day and year first above written.
WITNESSES: OAKLAND COUNTY BUIdlING AUTHORITY
By
Chairman of its Commission
WITNESSES: By
Secretary of its Commission
COUNTY OF OAKLAND
By
Chairman of Board of Commissioners
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
On this day of , 1975, before me appeared and
, to me personally known, who being by me duly sworn, did each for himself
say that they are respectively the Chairman and the Secretary of the Oakland County Building Authority,
Oakland County, Michigan, and that the foregoing Contract Of Lease-Back was signed by them in behalf
of said Authority by authority of its Commission, and the said persons acknowledged said instrument
to be the free act and deed of said Authority.
Notary Public, Oakland County, Michigan
My commission expires:
STATE OF MICHIGAN )
) as.
COUNTY OF OAKLAND )
On this day of , 1975, before me appeared , to me
personally known, who being by me duly sworn, did say that he is the Chairman of the Board of Commis-
sioners of the County of Oakland, State of Michigan, and that the foregoing Contract Of Lease-Back
was signed by him in behalf of said County by authority of its Board of Commissioners, and the said
person acknowledged said instrument to be the free act and deed of said County.
Notary Public, Oakland County, Michigan
My commission expires:
The Chairman announced pursuant to Rule XI-E the matter shall be laid over to the next
regular Board meeting.
Mr. Lennon gave notice pursuant to Rule IX-I that, at the next meeting of the Board, he
will make a motion to discharge the Public Services Committee from consideration of Resolution #7099.
Commissioners Minutes Continued, July 23, 1975 411
Misc. 7214
By Mr. Price
IN RE: ALLOCATION OF C.F.I.A. FUNDS
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the criteria to determine the C,E.T.A. allocation for the City of Pontiac was based
on false information; and
WHEREAS according to the 1970 Federal Census, the City of Pontiac has a greater population
than that used by the Department of Labor; and
WHEREAS the figures of the Michigan Employment Security Commission were incorrect in that
they presented less unemployment in the City of Pontiac than were actually unemployed; and
WHEREAS these inequities should be corrected to give the City of Pontiac its just and fair
share of the C.E.T.A. funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners directs the
Manpower Division of the Department of Public Services to take the necessary actions to correct the
inequities that led to the allocation of the C.E.T.A. funds to the City of Pontiac and to secure for
the City of Pont i ac the actual and proper amount of C.E.T.A. funds.
Mr. Chairman, I move the adoption of the foregoing resolution.
Hubert Price, Jr., Commissioner - District 8
The Chairman referred the resolution to the Public Services Committee. There were no
objections.
Misc. 7215
By Mr. Wilson
IN RE: CITY OF DETROIT NON-RESIDENCE INCOME TAX
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the City of Detroit, by statute, is permitted and presently levies 1/2 of 10/o
income tax on non-residents working in the City of Detroit; and
WHEREAS House Bill No. 5329 would raise the income tax on non-residents to 1%; and
WHEREAS due to economic conditions, it is inequitable to raise the income tax to 1% on
non-residents; and
WHEREAS the County of Oakland, on behalf of its citizens who have to pay the non-residence
income tax, should vigorously oppose the adoption of House Bill No. 5329.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes the
adoption of House Bill No. 5329 and strongly urges the legislature to not adopt any legislation
raising the non-residence income tax beyond its present 1/2 of 1%.
Mr. Chairman, we move the adoption of the foregoing resolution.
Dana F. Wilson, Kenneth E. Roth,
John J. McDonald, Henry W. Hoot,
Lawrence R. Pernick, Bernard F. Lennon,
Niles E. Olson, Betty Fortino,
Patrick K. Daly, Howard R. Simmons,
Alexander C. Perinoff
Moved by Wilson supported by Page the resolution be referred to the General Government
Committee. There were no objections.
Misc. 7216
By Mrs. Fortino
IN RE: RETIREMENT AMENDMENT - COST OF LIVING
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #4979, adopted December 23, 1968, the Oakland County
Board of Commissioners provided for a cost of living increase of 1.5% for retirees from the Oakland
County Employees Retirement System; and
WHEREAS the concept of retirement is to allow a retiree to live comfortably on the
retirement income; and
WHEREAS the cost of living increases since December, 1968 have accelerated sharply; and
WHEREAS this Board should amend the Retirement Plan to increase the past retirement cost
of living benefit from 1.53 to 3%.
NOW THEREFORE BE IT RESOLVED that Section 34.1(c) of the Oakland County Employees Retirement
System be amended by striking out sub-paragraph (c) of Section 34.1 and inserting therein a new sub-
paragraph (c) to read as follows:
"(c) For a monthly benefit which became effective before January I, 1969 beginning with
the monthly benefit payment, if any, for the month of January 1969, the amount of the monthly benefit
shall be increased by 1% for each full year (excluding any fraction of a year) in the period from
the effective date of the benefit of January, 1969, to a maximum of 10%. In addition, beginning
May 1, 1969 the amount of the benefit shall be redetermined effective each May first and such
redetermined amount shall be the amount of the benefit otherwise payable multiplied by the following
percent: 100.0 percent, plus 3 percent for each full year (excluding any fraction of a year) in
the period from May 1, 1969 to the current May first. In no event shall such redetermined amount
412
Commissioners Minutes Continued. July 23, 1975
(i) be less than the amount of the benefit otherwise payable nor (ii) be more than the amount of the
benefit otherwise payable multiplied by the following fraction: the numerator shall be the average
of the Consumer Price Index for the 12 calendar months in the calendar year immediately preceding
such May first (but in no event an amount less than the denominator below) and; the denominator shall
'a average of the Consumer Price Index for the 12 calendar month in the calendar year 1967. "Tlce
:if the benefit otherwise payable" means the monthly amount of benefit which would be payable
c. sr c these provisions redetermining benefit amounts on and after May 1, 1969."
Mr. Chairman, I move the adoption of the foregoing resolution.
Betty J. Fortino, Commissioner - District
Moved by Fortino supported by Daly the resolution be referred to the Personnel Committee.
There were no objections.
Moved by Perinoff supported by Wilcox that the Board of Commissioners abolish the Oakland
County Board of Public Works.
The Chairman referred the motion to the Planning and Building Committee. There were no
objections.
The Board adjourned at 12:12 P.M. until August 7, 1975 at 9:30 A.M.
Lynn D. Allen Fred D. Houghten
Clerk Chairman