HomeMy WebLinkAboutMinutes - 1970.02.19 - 7608OAKLAND COUNTY
Board Of Supervisors
MEETING
February 19, 1970
Meeting called to order by Chairman Robert F. Patnales at 10;20 A. M. in the County Center
Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Invocation given by Lawrence R, Pernick.
Roll called.
PRESENT: Aaron, Bawden, Benson, Brennan, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten,
Kasper, Mainland, Mastin, Mathews, O'Brien, O'Donoghue, Olson, Patnales, Perinoff, Pernick, Powell,
Richards, Richardson, Szabo, Walker, Wilcox. (27)
ABSENT: None. (0)
Quorum present.
Moved by Aaron supported by O'Brien the minutes of the previous meeting be approved as printed.
A sufficient majority having voted therefor, the motion carried.
Prosecutor Thomas F. Plunkett introduced Johannes Spreen who has joined the Oakland County
prosecutor's staff as investigator to serve as liaison between local police departments and the County.
The Chairman recommended the appointment of the following persons as members of the Oakland
County Planning Commission: Thomas J. Dillon, Roger D. Oberg and Victor Woods for three (3) year terms
from January 1, 1970 to December 31, 1972.
There were no objections. The appointments were approved.
The Chairman recommended the appointment of the following persons as members of the Personnel
Appeal Board; James Mathews and Richard R. Wilcox for terms ending December 31, 1970.
There were no objections. The appointments were approved.
Clerk read a letter of thanks from Mrs. Armonie Mainland. (Placed on file.)
Clerk read resolutions from Kalamazoo and Ingham Counties opposing change in distribution
formula for gas and weight tax monies to counties. (Placed on file.)
Moved by Powell supported by Wilcox that appointments of Thomas J. Dillon, Roger D. Oberg and
Victor Woods, as members of the County Planning Commission, be confirmed.
YEAS: Bawden, Benson, Coy, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, O'Brien, Patnales,
Powell, Richardson, Walker, Wilcox. (15)
NAYS: Aaron, Brennan, Edwards, Mainland, Mastin, Mathews, O'Donoghue, Olson, Perinoff, Pernick,
Szabo. (11)
A sufficient majority having voted therefor, the motion carried.
Moved by Perinoff supported by Kasper that appointments of James Mathews,and Richard R. Wilcox,
as members of the Personnel Appeal Board, be confirmed.
A sufficient majority having voted therefor, the motion carried.
Clerk read letter from Southfield City Clerk requesting Oakland County to permit use of its
vacant property adjoining the County Health facility in Southfield for recreational functions. (Referred
to Planning, Zoning and Building Committee.)
Misc. 5286
By Mr. Powell
IN RE: OPPOSITION TO MOOSE BILL NO. 3992
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS House Bill 3992 introduced in the Michigan House of Representatives on January 26, 1970,
provides that the General Primary Election shall be held on the first Monday of May instead of the present
Tuesday succeeding the first Monday in August; and
WHEREAS the holding of the General Primary Election on the first Monday of May would work extreme
hardships upon the County and local units of government; and
WHEREAS a May Primary would be too close to the February Primary in cities and villages, the
villages' elections in March, city elections in April and school elections in June; and
WHEREAS a six month period between the General Primary and General November election is too long;
309
310
auperviso Minutes Contid. February 19, i970 -
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Supervisors opposes the adoption
of House Bill No. 3992.
Mr. Chairman, on behalf of the Legislative Committee, I move the adoption of the foregoing
resolution, and copies be sent to all Legislators.
LEGISLATIVE COMMITTEE
Christian F. Powell, Chairman
Wallace F. Gabler, Jr., Alexander C. Perinoff,
Lew L. Coy, William L. Mainland, Delos Hamlin
Moved by Powell supported by Perinoff the resolution be adopted,
Discussion followed.
AYES: Bawden, Benson, Coy, Gabler, Hamlin, Horton, Houghten, Kasper, Mainland, O'Donoghue,
Patnaies, Perinoff, Powell, Richardson, Walker, Wilcox. (16)
NAYS: Aaron, Brennan, Edwards, Grba, Mastin, Mathews, O'Brien, Olson, Pernrck, Szabo, (10)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5287
By Mr, Powell
IN RE: OPPOSITION TO SENATE BILL NO. 1157
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Senate Bill No. 1157, introduced in the Senate of the State of Michigan, January 27, 1970,
provides that the County shall assume the full responsibility of conducting and administering the Annual
Tax Sale of real property under the provisions of the General Property Tax Act; and
WHEREAS under the provisions of Senate Bill No. 1157 the County would be required to assume
the following duties presently performed by the State of Michigan:
I. Acquire title of lands not purchased at the Tax Sale following the redemption period;
2. Assume the entire cost of the sale including the cost of publication of tax notices;
3. The processing of sales to tax buyers during the redemption period;
4. Process special redemptions under the provisions of the General Property Tax Act; and
5. Administer lands so acquired which includes the renting reassessing and disposing of the
same at public auction; and
WHEREAS the Act further provides that the $1.00 State portion of the $3.00 fee provided, would
be returned to the County and which would result in a net additional revenue of less than $10,000.00
annually; and
WHEREAS the estimated cost of assuming the duties presently performed by the State, including
the addition of personnel, would be approximately $25,000.00 to $50,000.00 per year.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Supervisors opposes Senate Bill
No. 1157.
Mr. Chairman, on behalf of the Legislative Committee, I move the adoption of the foregoing
resolution, and that copies be sent to all Legislators.
LEGISLATIVE COMMITTEE
Christian F. Powell, Chairman
Philip O. Mastin, Jr., Wallace F. Gabler, Jr.,
Delos Hamlin, Alexander C. Perinoff, Lew L. Coy,
William L. Mainland
Moved by Powell supported by Gabler the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5288
By Mr. Gabler
IN RE: REMODELING OF OAKLAND-PONTIAC AIRPORT TERMINAL BUILDING RESTAURANT
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS it is presently the intention to Lease the Restaurant facility at the Oakland-Pontiac
Airport for 8 years at an annual rental of not less than $3,500.00; and
WHEREAS it is necessary to remodel the restaurant located in the terminal building at said
airport; and
WHEREAS your Committee has been informed that the cost of remodeling said restaurant facility
will be approximately 530,000.00 and recommends to this Board that the restaurant facility be remodeied
and that the sum of $30,000.00 be appropriated for that purpose.
NOW THEREFORE BE IT RESOLVED that the remodeling of the restaurant facility at the Oakland-
Pontiac Airport be approved at a cost not to exceed $30,000.00.
BE IT FURTHER RESOLVED that the Lease, as finally agreed upon be submtted to this Board for
final approval.
311 Super'r 'Iin'Jtes Continued. F-hrury 19 1 q70
Mr. Chairman, on behalf of the Aviation and Transportation Committee, I move the adoption of
the foregoing resolution.
AVIATION AND TRANSPORTATION COMMITTEE
Wallace F. Gabler, Jr., Chairman
Mahlon Benson, Jr., George N. Grba, James Mathews,
Thomas H. O'Donoghue, E. Frank Richardson
FINANCE COMMITTEE FISCAL NOTE
Pursuant to Rule 15 (b) of this Board, the Finance Committee has reviewed the recommendations
of the Aviation and Transportation Committee to pay the sum of $30,000.00 for the purpose of remodeling
the restaurant located in the Oakland-Pontiac Airport Terminal Building, and finds the sum of $30,000.00
to be available in the 1970 Contingent Fund and further moves that the sum of $30,000.00 be appropriated
from the 1970 Contingent Fund to the Oakland-Pontiac Airport.
FINANCE COMMITTEE
Fred D. Houghten, Chairman
Delos Hamlin, Thomas H. O'Donoghue, George N. Grba,
Mary Mead Bawden, Albert F. Szabo
Moved by Gabler supported by Benson the resolution be adopted.
Discussion followed.
Moved by Houghten supported by Benson the resolution be amended to include the method of
repayment which will be $3,500.00 the first year, $4,000.00 the second year and $5,000.00 each year
thereafter and that the amount of $30,000.00 be considered as a loan.
A sufficient majority having voted therefor, the motion carried.
Vote on resolution as amended:
AYES: Aaron, Bawden, Benson, Brennan, Coy, Gabler, Grba, Hamlin, Horton, Houghten, Kasper,
Mainland,- Mathews, O'Brien ., GI.Donoghue, Olson, Patnales, Perinoff, Richardson, Szabo, Walker,
Wilcox. (23)
NAYS: Edwards, Mastin, Pernick. (3)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
Misc. 5289
By Mr. Gabler
IN RE AIR CONDITIONING SYSTEM, OAKLAND-PONTIAC AIRPORT TERMINAL BUILDING
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Airport Committee has recommended to the Aviation and Transportation Committee
that the main floor of the Oakland-Pontiac Airport Terminal Building be air conditioned; and
WHEREAS it is estimated that the cost of such air conditioning will be $12,000.00; and
WHEREAS the Aviation and Transportation Committee recommends to this Board that the main floor
of the Oakland-Pontiac Airport Terminal Building be air conditioned at a cost not to exceed $12,000.00.
NOW THEREFORE BE IT RESOLVED that this Board of Supervisors approves the air conditioning of
the main floor of the Oakland-Pontiac Airport Terminal Building at a cost not to exceed $12,000.00.
Mr. Chairman, on behalf of the Aviation and Transportation Committee, 1 move the adoption of
the foregoing resolution.
AVIATION AND TRANSPORTATION COMMITTEE
Wallace F. Gabler, Jr., Chairman
Mahlon Benson, Jr., George N. Grba, James Mathews,
Thomas H. O'Donoghue, E. Frank Richardson
FINANCE COMMITTEE FISCAL NOTE
Pursuant to Rule 15 (b) of this Board, the Finance Committee has reviewed the recommendations
of the Aviation and Transportation Committee to pay the sum of $12,000.00 for the purpose of air
conditioning the main floor of the Oakland-Pontiac Airport Terminal Building, and finds the sum of
$12,000.00 to be available in the 1970 Contingent Fund and further moves that the sum of $12,000.00 be
appropriated from the 1970 Contingent Fund to the Oakland-Pontiac Airport.
FINANCE COMMITTEE
Fred D. Houghten, Chairman
Delos Hamlin, Thomas H. O'Donoghue, George N. Grba,
Mary Mead Bawden, Albert F. Szabo
Moved by Gabler supported by Olson the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
312
Supervisors Minutes Continued. February 19, 1970
Misc. 5290
By Mr. Houghten
IN RE: FUNDS FOR COUNTY HOME RULE CONFERENCE AT OAKLAND COUNTY BOARD OF SUPERVISORS' AUDITORIUM
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution No. 5133, the Oakland County Board of Supervisors
appropriated the sum of $1,000.00 towards the cost of a County Home Rule Conference to be held at
Oakland University; and
WHEREAS it is necessary to appropriate and additional $1,500.00 to defray the cost of said
Conference.
NOW THEREFORE BE IT RESOLVED that this Board of Supervisors does hereby appropriate an addi-
tional sum of $1,500.00 towards the cost of a Conference on County Home Rule to be held at the Oakland
County Board of Supervisors' Auditorium,said sum to be appropriated from the 1970 Contingent Fund.
Mr. Chairman, on behalf of the Finance Committee, I move the adoption of the foregoing resol-
ution.
FINANCE COMMITTEE
Fred D. Houghten, Chairman
Delos Hamlin, Thomas H. O'Donoghue, George N. Orbs,
Mary Mead Bawden, Albert F. Szabo
Moved by Houghten supported by O'Brien the resolution be adopted.
Discussion followed.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5291
By Mr. Houghten
IN RE: MILEAGE INCREASE FOR EMPLOYEES' AUTOMOBILES
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution No 4923 dated August 27, 1968, this Board established
mileage rates to be paid to County employees -for use of their personal automobiles on County business at
the following rates per month:
First 300 miles 12c per mile
Next 300 miles 10c per mile
Next 400 miles 04 per mile
Over 1000 miles 06c per mile
WHEREAS the cost of purchasing and operating motor vehicles has increased and to more equit-
ably reimburse employees for the use of their private automobiles on County business, your Committee
recommends the following rate per month:
First 400 miles 124 per mile
Next 200 miles 104 per mile
Next 400 miles 084 per mile
Over 1000 miles 064 per mile
NOW THEREFORE BE IT RESOLVED that the mileage paid to County employees for the use of their
private automobile on County business on and after March 1, 1970 be established at the rate of 12c for
the first 400 miles, 10c per mile for the next 200 miles, 04 for the next 400 miles, and 06c for all
over 1000 miles per month.
Mr. Chairman, on behalf of the Finance Committee, I move the adoption of the foregoing resol-
ution.
FINANCE COMMITTEE
Fred D. Houghten, Chairman
Thomas H. O'Donoghue, George N. Grba,
Delos Hamlin, Mary Mead Bowden, Albert F. Szabo
Moved by Houghten supported by Grba the resolution be adopted.
Discussion followed.
Mr. Brennan and Mr. Coy voted 'no'.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5292
By Mr. Mainland
IN RE: AFL-CIO CONTRACTS FOR PROBATE COURT
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland and Local 1445, American Federation of State, County and Municipal
Employees, AFL-CIO, have been negotiating two Contracts on behalf of the Probate Court employees, one
Contract for Probate Court Caseworkers and one Contract for Probate Court Non-Caseworkers; and
WHEREAS said Contracts have been reached and reduced to writing; and
WHEREAS said Contracts have been reviewed by the Personnel Practices Committee which recommends
approval of the Contracts; and
WHEREAS said Contracts require an amendment to the 1970 Budget; and
Supervisors Minutes Continued. February 19, 1970
WHEREAS the fiilanciug of the necessary 5 ,fdyetni', amendments have been reviewed by the Finance
Committee which has attached a Fiscal Note.
NOW THEREFORE BE IT RESOLVED that the Contracts between the County of Oakland and Local 1445,
American Federation of State, County and Municipal Employees, AFL-CIO, be and the same are hereby approved,
and that the Chairman and Clerk of this Board, on behalf of the County of Oakland, be and they are hereby
authorized to execute said Contracts, copies of which are attached hereto.
BE IT FURTHER RESOLVED that the 1970 Budget be amended as follows:
1. Transfer from the Salary Reserve Fund, the sum of $13,700.00 to the Salaries Portion of the
Probate Court's 1970 Budget.
2. Transfer from the 1969 Unappropriated Surplus, the sum of $73,947.00 to the Salaries Portion
of the Probate-Juvenile Court's 1970 Budget.
3. Transfer from the 1969 Unappropriated Surplus, the sum of $71,450,00 to the Salaries Portion
of the Probate-Childrens' Village 1970 Budget.
4. Transfer from the 1969 Unappropriated Surplus, the sum of $18,520.00 to the Salaries Portion
of the Probate-Camp Oakland's 1970 Budget.
Mr. Chairman, on behalf of the Personnel Practices Committee, I move the adoption of the fore-
going resolution.
PERSONNEL PRACTICES COMMITTEE
William L. Mainland, Chairman
Paul E. Kasper, Mary Mead,Bawden, Lew L. Coy,
James Mathews, Delos Hamlin, Dennis M. Aaron
FINANCE COMMITTEE FISCAL NOTE
Pursuant to Rule 15 (b) of this Board, the Finance Committee has reviewed the recommendations
of the Personnel Practices Committee to amend the 1970 Budget to implement the aforementioned Contracts
and finds the sum of $13,700.00 to be available in the 1970 Salary Reserve Fund and the sum of $163,917.00
to be available in the 1969 Unappropriated Surplus and further moves that the sum of $13,700.00 be
appropriated from the 1970 Salary Reserve Fund to the Salaries Portion of the Probate Court's 1970 Budget,
and the sum of $163,917.00 be appropriated from the 1969 Unappropriated Surplus to the Salaries Portion
of the Probate-Juvenile Court's 1970 Budget, the Salaries Portion of the Probate-Childrens' Village 1970
Budget, and the Salaries Portion of the Probate-Camp Oakland's 1970 Budget, as set forth in the attached
resolution.
FINANCE COMMITTEE
Fred D. Houghten, Chairman
Delos Hamlin, Thomas H. O'Donoghue, George N. Grba,
Mary Mead Bawden, Albert F. Szabo
CASEWORKER
AGREEMENT
This agreement is made and entered into on this day of
A. D., 1970, by and between the Oakland County Probate Court and the Oakland County Board of Supervisors,
hereinafter referred to collectively as the "Employer", and Local 1998, American Federation of State,
County and Municipal Employees, AFL-CIO, hereinafter referred to as the "Union". It is the desire of both
parties to this agreement to continue to work harmoniously and to promote and maintain high standards,
between the Employer and employees, which will best serve the citizens of Oakland County.
1. RECOGNITION
The Employer recognizes the Union as the exclusive representative of the Casework employees
of the Oakland County Probate Court, for the purposes of collective bargaining with respect to rates of
pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining
unit for which they have been certified, and in which the Union is recognized as collective bargaining
representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947,
as amended.
All employees of the Oakland County Probate Court; excluding confidential employees, pro-
fessional employees, executives and supervisors.
MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge or discipline and to maintain discipline and effi-
ciency of employees, is the sole responsibility of the Employer except that Union Members shall not be
discriminated against as such, in addition, the work schedules, methods and means of departmental operat-
ion are solely and exclusively the responsibility of the Employer, subject, however to the provisions
of this agreement.
Ill. DUES CHECK-OFF
(a) The Employer agrees to deduct the union membership initiation fee and dues, once each
month, from the pay of those employees who individually authorize in writing that such deductions be made.
All authorizations delivered to the Employer prior to the first day of the month shall become effective
during that succeeding month. Check-off monies will be deducted from the second paycheck of each month
and shall be remitted together with an itemized statement to the local treasurer, within fourteen (14)
days after the deductions have been made.
(b) An employee shall cease to be subject to check-off deductions beginning with the month
immediately following the month in which he is no longer a member of the bargaining unit,. Any employee
may voluntarily cancel or revoke the Authorization for Check-off deduction upon written notice to the
Employer and the Union fifteen (15) days prior to the expiration date of the agreement.
(c) The Union will protect and save harmless the Employer from any and all claims, demands,
suits and other forms of liability by reason of action taken by the Employer for the purpose of complying
with this section.
3 13
314
Supervisors Minutes Continued. February 19, 1970
IV. BASIS OF REPRESENTATION
Section 1.
There shall be one steward and one alternate steward. Stewards will be permitted to leave
their work, after obtaining approval of their respective supervisors and recording their time, for the
purpose of adjusting grievances in accordance with the grievance procedure and for reporting to the griev-
ant a change in status of his grievance. Permission for stewards to leave their work stations will not
be unreasonably withheld. Stewards will report their time to their supervisor upon returning from a
grievance discussion.
The privilege of stewards to leave their work during working hours, without loss of pay, is
extended with the understanding that the time will be devoted to the prompt handling of grievances and
will not be abused, and that they will continue to work at their assigned jobs at all times except when
permitted to leave their work to handle grievances.
Section 2.
There shall also be one Chief Steward and one alternate Chief Steward.
Section 3.
There shall be a grievance committee consisting of the Local president, the chief steward
and two other members to he selected from the represented group and certified in writing to the Employer.
The Employer shall meet whenever necessary, at a mutually convenient time, with the union
grievance committee. The purpose of grievance committee meetings will be to adjust pending grievances,
and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with
the Employer other issues which would improve the relationship between the parties.
V. GRIEVANCE PROCEDURE
The Employer and the Union support and subscribe to an orderly method of adjusting employee
grievances. To this end, the Employer and the Union agree that an employee should first bring his problem
or grievance to the attention of his immediate supervisor, with or without his steward, who shall attempt
to resolve the grievance informally. Dismissals, suspensions, demotions and disciplinary actions of any
type shall not be a subject for the grievance procedure but shall be processed according to the pro-
cedures of the Personnel Appeal Board.
Step 1.
If the grievance is not settled informally, it shall be discussed with the appropriate
steward and shall be reduced to writing, signed by the grievant and submitted to his immediate supervisor.
Step 2.
The written orievance shall be discussed between the steward and the immediate supervisor,
and the Chief Steward if so desired. The supervisor will attempt to adjust the matter and will give his
written decision within five (5) days (excluding Saturday, Sunday and holidays) of receipt of the written
grievance.
Step 3.
Any grievance not settled at Step 2 may be submitted to the next meeting of the grievance
committee with the Employer. Any grievance not submitted to the next grievance committee meeting, by
written notification to the Employer within five (5) days of the immediate supervisor's written decision,
shall be considered dropped. Any matter not settled in Step 3 of the grievance procedure may be submitted
to final and binding arbitration by either of the parties. A request for arbitration must be submitted by
written notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses
for arbitration shall be borne equally by both parties.
If the parties fail to select an arbitrator, one will be selected under the rules of the
American Arbitration Association.
Any grievance not appealed, from a decision in one of the steps of the grievance procedure,
to the next step as prescribed, shall be considered dropped and the last decision final and binding,
except that time limits may be extended by mutual agreement of the parties.
VI. BULLETIN BOARD
The Employer shall assign appropriate space on bulletin boards which shall be used by the
Union for posting notices, bearing the written approval of the President of the Union local, which shall
be restricted to:
(a) Notices of the Union recreational and social affairs;
(b) Notices of Union elections;
(c) Notices of Union appointments and results of Union elections;
(d) Notices of Union Meetings;
(e) Other notices of bona fide Union affairs which are not political or libelous in nature.
VII, SENIORITY
New employees may acquire seniority by working six (6) continuous months, in which event the
employee's seniority will date back to the date of hire into the department. When the employee acquires
seniority, his name shall be placed on the seniority list, in the order of his seniority date.
An up-to-date seniority list shall be furnished to the Union every six (6) months.
An employee shall lose his seniority for the following reasons:
(a) If the employee resigns or retires;
(b) If the employee is discharged, and not reinstated:
(c) if the employee is absent from work for three working days, without properly notifying
the Employer, unless a satisfactory reason is given;
(d) If the employee does not return to work at the end of an approved leave;
(e) If the employee does not return to work when recalled from a layoff.
VIII. LAYOFF, RECALL, AND TRANSFERS
(a) If and when it becomes necessary for the Employer to reduce the number of employees in
the work force, the employees will be laid off in seniority order, based on capability of performing
315
Supervisors Minutes Continued. February 19, 1970
available jobs and shall be recalled in the same order.
(b) If and when an employee is permanently transferred to another division within the Depart-
ment, the president or chief steward shall be notified of said transfer by the employer.
IX. MATERNITY SEPARATION
Employees who leave Probate Court employment, as a result of maternity, will be given em-
ployment preference if they make application to return to the Probate Court and if a vacancy exists, in
the classification in which they left, provided they apply within one year of separation and are qualified
to return.
X. PROMOTIONS
All promotions within the bargaining unit shall be made on the basis of competitive exam-
ination as provided for in the Oakland County Merit System. The employer will make his selection for
promotion from the three highest ranking candidates who have passed the promotional examination.
Xl. GENERAL CONDITIONS
Section 1.
The Union shall be notified in advance of anticipated permanent major changes in working
conditions and discussions shall be held thereon.
Section 2.
The provisions of this agreement shall be applied equally and without favoritism to all
employees in the bargaining unit. There shall be no discrimination as to age, sex, marital status, race,
color, creed, national origin or political affiliation. The Union shall share equally with the Employer
the responsibility for applying this provision of the agreement.
Section 3.
The reemployment rights of employees and probationary employees who are veterans will be
limited by applicable laws and regulations.
Section 4.
Employees elected to any permanent full time union office or selected by the Union to do
work which takes them from their employment with the County, shall at the written request of the Union
be granted a leave of absence without pay. The leave of absence shall not exceed two (2) years, but it
shall be renewed or extended for a similar period at any time upon the written request of the Union.
Section 5,
When any position not listed on the wage schedule is filled or established, the County may
designate a job classification and rate structure for the position. In the event the Union does not
agree that the classification, rate or structure are proper, the Union shall have the right to submit the
issue as a grievance through the grievance procedure within a six (6) month period.
X11. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES
All Resolutions of Oakland County Board of Supervisors, as amended or changed, from time
to time, relating to the working conditions and compensation of the employees covered by this agreement,
and all other benefits and policies provided for in the Oakland County Merit System, which incorporates
the Oakland County Employees' Handbook, are incorporated herein by reference and made a part hereof to
the same extent as if they were specifically set forth.
XIII. MAINTENANCE OF CONDITIONS
Wages, hours and conditions of employment legally in effect at the execution of this agree-
ment shall, except as improved herein, be maintained during the term of this agreement. No employee
shall suffer a reduction in such benefits as a consequence of the execution of this agreement.
XIV. ECONOMIC MATTERS
Wages and other economics are attached hereto as Appendix A.
XV. NO STRIKE - NO LOCKOUT
Under no circumstances will the Union cause or authorize or permit its members to cause,
nor will any member of the bargaining unit take part, in any strike, sitdown, stay-in or slowdown or any
violation of any state law. In the event of a work stoppage or other curtailment, the Union shall immed-
iately instruct the involved employees in writing, that their conduct is in violation of the contract
and that all such persons shall immediately cease the offending conduct.
The Employer will not lockout any employees of the bargaining unit during the term of this
agreement.
XVI. DURATION
This agreement shall remain in full force and effect until midnight, December 31, 1970. It
shall be automatically renewed from year to year thereafter unless either party shall notify the other,
in writing, sixty (60) days prior to the anniversary date, that it desires to modify this agreement. in
the event that such notice is given, negotiations shall begin not later than sixty (60) days prior to the
anniversary date. This agreement shall remain in full force and be effective during the period of nego-
tiations and until notice of termination of this agreement is provided to the other party in the manner
Set forth in the following paragraph.
In the event that either party desires to terminate this agreement, written notice must be
given to the other party no less than ten days prior to the desired termination date which shall not be
before the anniversary date set forth in the preceding paragraph.
It is agreed and understood that the provisions contained herein shall remain in full force
and effect so long as they are not in violation of applicable statutes and ordinances and remain within
the jurisdiction of the County of Oakland.
The Union recognizes the right and duty of the Probate Court to operate and manage its
affairs in accordance with the State of Michigan Constitutional provisions and statutes and such
Constitutional provisions and statutes shall take precedence over any conflicting provisions which might
be contained in this Agreement. If any article or section of this agreement or any appendixes or supple-
ment thereto should be held invalid by any Constitutional provisions, operation of law or by any tri-
bunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be
restrained by such tribunal, the remainder of this Agreement shall not be affected thereby.
OAKLAND COUNTY PROBATE COURT
Judge Donald E. Adams
Senior Probate Judge
CLASSIFICATION
BOYJS BOAROING HOME SUPV.
CHILD WELFARE WORKER I
CHILD WELFARE WORKER II
JUVENILE COURT INTAKE WKR.
316 Supervisors MiOutes Continued. February 19, 1970
'
A1wcAyju041ok,OF STATE, COUNTY AND MUNICIPAL
APLOYEES OtTOPOLITAN COUNCIL NO 23, ALF-CIO,
LOCAL 1990
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
By
Robert F. Patnales, Chairman;
and
Lynn D. Allen, Clerk of its Board of
Supervisors
CASEWORKER
AGREEMENT
APPENDIX A
SALARIES
The following merit salary schedule shall
continue through December 31, 1970:
prevail retroactive to January 1, 1970 and shall
6 1 2
Base Months Year Year
9,800 10,200 10,600 11,400
9,000
9,400
9,800 10,200 10,600 11,400
12,300 12,800
CASEWORKER
AGREEMENT
APPENDIX B
For the following fringe benefits refer to the Oakland County Employees' Handbook:
I. Injury on the Job
2, Holidays
3. Leave of Absence
4. Life Insurance
5. Longevity
6. Master Medical Insurance
7. Sick Leave
8. Retirement
9. Annual Leave
AGREEMENT
This agreement is made and entered into on this day of
, A. D., 1970, by and between the Oakland County Probate Court and
the Oakland County Board of Supervisors, hereinafter referred to collectively as the "Employer", and
Local 1998, American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred
to as the "Union". it is the desire of both parties to this agreement to continue to work harmoniously
and to promote and maintain high standards, between the Employer and employees, which will best serve
the citizens of Oakland County.
1. RECOGNITION
The Employer recognizes the Union as the exclusive representative of all employees other
than Caseworkers, of the Oakland County Probate Court, for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment and other terms and conditions of employment, in
the following bargaining unit for which they have been certified, and in which the Union is recognized
as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of
the Public Acts of 1947, as amended.
All employees of the Oakland County Probate Court; excluding confidential employees, pro-
fessional employees, executives and supervisors.
II. MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge or discipline, and to maintain discipline and
efficiency of employees, is the sole responsibility of the Employer except that Union Members shall
not be discriminated against as such. In addition, the work schedules, methods and means of depart-
mental operation are solely and exclusively the responsibility of the Employer, subject, however, to
the provisions of this agreement.
Supervisors Minutes Continued. February 19, 1970 317
• DUES CHECK-OFF
(a) The Employer agrees to deduct the union membership initiation fee and dues, once each
month, from the pay of those employees who individually authorize in writing that such deductions be
made. All authorizations delivered to the Employer prior to the first day of the month shall become
effective during that succeeding month. Check-off monies will be deducted from the second paycheck of
each month and shall be remitted together with an itemized statement to the local treasurer, within
fourteen (14) days after the deductions have been made.
(b) An employee shall cease to be subject to check-off deductions beginning with the month
immediately following the month in which he is no longer a member of the bargaining unit. Any employee
may voluntarily cancel or revoke the Authorization for Check-off deduction upon written notice to the
Employer and the Union fifteen (15) days prior to the expiration date of the agreement.
(c) The Union will protect and save harmless the Employer from any and all claims, demands,
suits and other forms of liability by reason of action taken by the Employer for the purpose of comply-
ing with this section.
IV. BASIS OF REPRESENTATION
Section 1.
There shall be one steward and an alternate steward for the following locations and shifts:
Childrens Village - One (1) each shift
Camp Oakland - One (1) each for the day and afternoon shift
Court House - One (1) for the day shift
Stewards will be permitted to leave their work, after obtaining approval of their respective
supervisors and recording their time, for the purpose of adjusting grievances in accordance with the
grievance procedure and for reporting to the grievant a change in status of his grievance. Permission
for stewards to leave their work stations will not be unreasonably withheld. Stewards will report their
time to their supervisor upon returning from a grievance discussion.
The privilege of stewards to leave their work during working hours, without loss of pay, is
extended with the understanding that the time will be devoted to the prompt handling of grievances and
will not be abused, and that they will continue to work at their assigned jobs at all times except when
permitted to leave their work to handle grievances.
Section 2.
There shall also be one Chief Steward and one alternate Chief Steward.
Section 3.
There shall be a grievance committee consisting of the Local president, the chief steward
and one other member to be selected from the non-caseworker group and certified in writing to the Employer.
The Employer shall meet whenever necessary, at a mutually convenient time, with the union
grievance committee. The purpose of grievance committee meetings will be to adjust pending grievances,
and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with
the Employer other issues which would improve the relationship between the parties.
V. GRIEVANCE PROCEDURE
The Employer and the Union support and subscribe to an orderly method of adjusting em-
ployee grievances. To this end, the Employer and the Union agree that an employee should first bring
his problem or grievance to the attention of his immediate supervisor, with or without his steward, who
shall attempt to resolvethe grievance informally. Dismissals, suspensions, demotions and disciplinary
actions of any type shall not be a subject for the grievance procedure but shall be processed according
to the procedures of the Personnel Appeal Board.
Step I.
If the grievance is not settled informally, it shall be discussed with the steward and shall
be reduced to writing, signed by the grievant and submitted to his immediate supervisor.
Step 2.
The written grievance shall be discussed between the steward and the immediate supervisor,
and the Chief Steward if so desired. The supervisor will attempt to adjust the matter and will give his
written decision within five (5) days (excluding Saturday, Sunday and holidays) of receipt of the written
grievance.
Step 3.
Any grievance not settled at Step 2 may be submitted to the next meeting of the grievance
committee with the Employer. Any grievance not submitted to the next grievance committee meeting, by
written notification to the Employer within five (5) days of the immediate supervisors's written de-
cision, shall be considered dropped.
Any matter not settled in Step 3 of the grievance procedure may be submitted to final and
binding arbitration by either of the parties. A request for arbitration must be submitted by written
notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses for
arbitration shall be borne equally by both parties.
If the parties Fail to select an arbitrator, one will be selected under the rules of the
American Arbitration Association.
Any grievance not appealed, from a decision in one of the steps of the grievance procedure,
to the next step as prescribed, shall be considered dropped and the last decision final and binding,
except that time limits may be extended by mutual agreement of the parties.
VI. BULLETIN BOARD
The Employer shall assign appropriate space on bulletin boards which shall be used by the
Union for posting notices, bearing the written approval of the President of the Union local, which shall
be restricted to:
(a) Notices of Union recreational and social affairs;
(b) Notices of Union elections;
(c) Notices of Union appointments and results of Union elections;
(d) Notices of Union Meetings;
318
Supervisors Minutes Continued. February 19, 1970
(e) Other notices of bona fide Union affairs which are not political or libelous in nature.
VII. SENIORITY
Section 1.
New employees may acquire seniority by working six (6) continuous months, in which event
the employee's seniority will date back to the date of hire into the department. When the employee
acquires seniority, his name shall be placed on the seniority list, in the order of his seniority date.
An up-to-date seniority list shall be furnished to the Union every six (6) months.
An employee shall lose his seniority for the following reasons:
(a) If the employee resigns or retires;
(b) If the employee is discharged, and not reinstated;
(c) If the employee is absent from work for three working days, without properly notify-
ing the Employer, unless a satisfactory reason is given;
(d) if the employee does not return to work at the end of an approved leave;
(e) If the employee does not return to work when recalled from a layoff.
Section 2.
Shift preference will be granted at Children's Village or Camp Oakland on the basis of
seniority, within the classification, provided the employee meets the qualifications of the vacancy.
Shift preference may be utilized only for vacancies created by employee separation, promotion or the
creation of a new position. Vacancies created by employee transfers, as a result of shift preference,
shall not be subject to shift preference.
VIII. ...LAYOFF, RECALL, AND TRANSFERS
(a) If and when it becomes necessary for the Employer to reduce the number of employees
in the work force, the employees will be laid off in seniority order, based on capability of performing
available jobs and shall be recalled in the same order.
(b) If and when an employee is permanently transferred to another division within the
Department, the president or chief steward shall be notified of said transfer by the employer.
IX. MATERNITY SEPARATION
Employees who leave Probate Court employment, as a result of maternity, will be given
employment preference if they make application to return to the Probate Court and if a vacancy exists,
in the classification in which they left, provided they apply within one year of separation and are
qualified to return.
X. PROMOTIONS
All promotions within the bargaining unit shall be made on the basis of competitive exam-
ination as provided for in the Oakland County Merit System. The employer will make his selection for
promotion from the three highest ranking candidates who have passed the promotional examination.
Xl. GENERAL CONDITIONS
Section 1.
The Union shall be notified in advance of anticipated permanent major changes in working
conditions and discussions shall be held thereon.
Section 2.
The provisions of this agreement shall be applied equally and without favoritism to all
employees in the bargaining unit. There shall be no discrimination as to age, sex, marital status, race,
color, creed, national origin or political affiliation. The Union shall share equally with the Employer
the responsibility for applying this provision of the agreement.
Section 3.
The reemployment rights of employees and probationary employees who are veterans will be
limited by applicable laws and regulations.
Section 4.
Employees elected to any permanent full time union office or selected by the Union to do
work which takes them from their employment with the County, shall at the written request of the Union
be granted a leave of absence without pay. The leave of absence shall not exceed two (2) years, but it
shall be renewed or extended for a similar period at any time upon the written request of the Union.
Section 5,,
When any position not listed on the wage schedule is filled or established, the County may
designate a job classification and rate structure for the position. In the event the Union does not
agree that the classification, rate or structure are proper, the Union shall have the right to submit
the issue as a grievance through the grievance procedure within a six (6) month period.
XII, ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES
All Resolutions of Oakland County Board of Supervisors, as amended or changed, from time to
time, relating to the working conditions and compensation of the employees covered by this agreement,
and all other benefits and policies provided for in the Oakland County Merit System, which incorporates
the Oakland County Employees handbook, are incorporated herein by reference and made a part hereof to
the same extent as if they were specifically set forth.
XIII, MAINTENANCE OF CONDITIONS
Wages, hours and conditions of employment legally in effect at the execution of this agree-
ment shall, except as improved herein, be maintained during the term of this agreement. No employee
shall suffer a reduction in such benefits as a consequence of the execution of this agreement.
XIV. ECONOMIC MATTERS
Wages and other economics are attached hereto as Appendix A.
XV. NO STRIKE - NO LOCKOUT
Under no circumstances will the Union cause or authorize or permit its members to cause,
nor will any member of the bargaining unit take part, in any strike, sitdown, stay-in or slowdown or
any violation of any state law, in the event of a work stoppage or other curtailment, the Union shall
immediately instruct the involved employees in writing, that their conduct is in violation of the
CLASSIFICATION
Account Clerk I/
Children's Supervisor I
Children's Supervisor II
Clerk I
Clerk II
Clerk III
Court Reporter I
Court Reporter II
Court Reporter Trainee
Court Service Officer I
Court Service Officer II
Departmental Clerk
Deputy Juvenile Register
Deputy Probate Register I
Deputy Probate Register 11
First Cook
General Staff Nurse
Probate Court Clerk
Second Cook
Secretary
Stenographer I
Stenographer II
Typist I
Typist 11
Supervisors Minutes Continued. February 19, 1970
contract and that all such persons shall immediately cease the offending conduct.
The Employer will not lockout any employees of the bargaining unit during the term of this
agreement.
XVI. DURATION
This agreement shall remain in full force and effect until midnight, December 31, 1970. It
shall be automatically renewed from year to year thereafter unless either party shall notify the other,
in writing, sixty (60) days prior to the anniversary date, that it desires to modify this agreement. In
the event that such notice is given, negotiations shall begin not later than sixty (60) days prior to
the anniversary date. This agreement shall remain in full force and be effective during the period of
negotiations and until notice of termination of this agreement is provided to the other party in the
manner set forth in the following paragraph.
In the event that either party desires to terminate this agreement, written notice must be
given to the other party no less than ten days prior to the desired termination date which shall not be
before the anniversary date set forth in the preceding paragraph.
It is agreed and understood that the provisions contained herein shall remain in full force
and effect so long as they are not in violation of applicable statutes and ordinances and remain within
the jurisdiction of the County of Oakland.
The Union recognizes the right and duty of the Probate Court to operate and manage its
affairs in accordance with the State of Michigan Constitutional provisions and statutes and such Con-
stitutional provisions and statutes shall take precedence over any conflicting provisions which might be
contained in this Agreement. If any article or section of this agreement or any appendixes or supple-
ment thereto should be held invalid by any Constitutional provision, operation of law or by any tribunal
of competent jurisdiction, or if compliance with or enforcement of any article or section should be re-
strained by such tribunal, the remainder of this Agreement shall not be affected thereby.
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL OAKLAND COUNTY PROBATE COURT
EMPLOYEES METROPOLITAN COUNCIL NO. 23, AFL-CIO,
LOCAL 1998
Judge Donald E. Adams
Senior Probate Judge
COUNTY 0.OAlAND, a Michigan
Constitutional Corporation
By
Robert F. Patnales, Chairman; and
Lynn D. Allen, Clerk of its Board of
Supervisors
NON-CASEWORKER AGREEMENT
APPENDIX A
SALARIES
The following merit salary schedule shall prevail for the period from January 1, 1970
through December 31, 1970:
319
3 6 1 2 3 4
BASE MONTHS MONTHS YEAR YEARS YEARS YEARS
7,200 7,350 7,500 7,800 8,100
7,350 7,500 7,650 7,950 8,250
8,550 Flate Rate
5,000 5,1 00 5,200 5,300
5,700 5,800 5,900 6,100 6,300 6,500
6,500 6,600 6,700 6,900 7,100 7,300
8 ,300 8,800 9,300
10,000 10,500
7,400 7,600 7,800
7,800 7,900 8,000 8,200
9,300 9,800 10,300 10,800
6,800 7,100 7,400 7,700 8 ,000
6,800 7,100 7,400 7,700 8,000
6,800 7,100 7,400 7,700 8,000
8,400 8,700
6,600 6,700 6,800 7,000 7,200
8,500 9,000 9,500 10,000
5,900 6,000 6,100 6,300 6,500
6,100 6,200 6,300 6,500
6,800 7,100 7,400 7,700 8,000
5,700 5,800 5,900 6,000
6,500 6,600 6,700 6,900 7,100 7,300
5,200 5,300 5,400 5,500
5,800 5,900 6,000 6.200 f Lon c.nr,
320
Supervisors Minutes Continued. February 19, 1970
NON-CASEWORKER
AGREEMENT
APPENDIX B
For the following fringe benefits refer to the Oakland County Employees' Handbook:
I. Injury on the job
2. Holidays
3. Leave of Absence
4. Life Insurance
5. Longevity
6. Master Medical Insurance
7. Sick Leave
8. Retirement
9, Annual Leave
Moved by Mainland supported by Perinoff the resolution be adopted.
Discussion followed.
Mr. Brennan opposed the resolution.
A sufficient majority having voted therefor, the resolution was adopted.
Misr, 5293
By Mr. Mainland
IN RE: ESTABLISHMENT OF THREE CLERICAL POSITIONS FOR 52nd DISTRICT COURT
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the judges of the 52nd District Court have established the need for additional
clerical positions as reflected by the large amount of overtime worked by the present clerical employees
and by the long delay in getting certain required reports to the State; and
WHEREAS the anticipated income from the 52nd District Court exceeds its budget by an amount
much greater than the $16,286.00 which the positions will cost; and
WHEREAS your Committee recommends that said positions be established.
NOW THEREFORE BE IT RESOLVED that the 52nd District Court be allowed three additional Deputy
Clerk positions for the remainder of 1970.
Mr, Chairman, on behalf of the Personnel Practices Committee, I move the adoption of the fore-
going resolution.
FINANCE COMMITTEE FISCAL NOTE
Pursuant to Rule 15 (b) of this Board, the Finance Committee has reviewed the recommendations
of the Personnel Practices Committee to pay the sum of $16,286,00 for the purpose of allowing the 52nd
District Court three additional Deputy Clerk positions for the remainder of the 1970 Budget year, and
finds the sum of $16,286,00 to be available in the Contingent Fund and further moves that the sum of
$16,286.00 be appropriated from the Contingent Fund to the Salaries portion of the 52nd District Court
Budget.
FINANCE COMMITTEE
Fred D. Houghten, Chairman
Delos Hamlin, Thomas H. O'Donoghue, George N. Grba,
Mary Mead Bawden, Albert F. Szabo
Moved by Mainland supported by Mastin the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5294
By Mr. Richardson
IN RE: ALTERATIONS TO SUPERVISORS' AUDITORIUM
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution No. 5232, the Oakland County Board of Supervisors approved
the alterations to the Supervisors' Auditorium at a cost of $7,500.00; and
WHEREAS the Board of Auditors, Department of Facilities and Operations has recommended
Revised Auditorium Alteration Plans for the Supervisors' Auditorium; and
WHEREAS your Committee recommends that Miscellaneous Resolution No. 5232 be amended to con-
sider the Revised Auditorium Alteration Plans as presented by the Board of Auditors, Department of
Facilities and Operations.
NOW THEREFORE BE IT RESOLVED that Miscellaneous Resolution No. 5232 be amended by substituting
the Revised Auditorium Alteration Plans, dated February 13, 1970, as submitted by the Board of Auditors,
Department of Facilities and Operations.
Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING, ZONING AND BUILDING COMMITTEE
E. Frank Richardson, Chairman
Mahlon Benson, Jr., Carl W. O'Brien, Paul L. Kasper,
Niles E. Olson, Alexander C. Perinoff
PERSONNEL PRACTICES COMMITTEE
William L. Mainland, Chairman
Paul E. Kasper, Mary Mead Bawden, Lew L. Coy,
James Mathews, Delos Hamlin, Dennis M. Aaron
Supervisors Minutes Continued. February 19, 1970 321
OAKLAND COUNTY BOARD OF AUDITORS
DEPARTMENT OF FACILITIES AND OPERATIONS
FACILITIES ENGINEERING DIVISION
SUPERVISORS' AUDITORIUM ALTERATIONS
COST ESTIMATE - REVISION
Project 69-13
Work Order 468 February 17, 1970
DESCRIPTION:
The work under this project consists of minor architectural work required to make better use of the
office areas in the Supervisors' Auditorium and some major mechanical alterations to correct the heat-
ing and cooling problems in the perimeter offices. This estimate includes two alternate cost figures
for architectural alterations.
COST ESTIMATE:
Mechanical Work
Carpeting
Architectural Alterations
Contingency
TOTAL:
Original * Base Bid
Base Plus
Bid Alternate 1
$4,400.00 $4,400.00
1,200.00 960.00
1,600.00 2,800.00
$7,200.00 $8,160.00
300.00 340.00
$7,500.00 $8,400.00
Base Bid
Plus
Alternate 2,
$4,400.00
960.00
4,400.00
$9,760.00
240,00
$10,000„00
*Funds have been allocated by the Board of Supervisors for Base Bid.
ORIGINAL BASE BID
Description:
The original Base Bidwork calls for the placement of a new door into room "3" thereby giving
it direct access to the corridor. This room would be used as a storage faciltty. The -existing storage
room, room "7", would be converted into an office for one of the clerks. This would relieve some of
the congestion in the existing clerks' office, room "6".
BASE BID PLUS ALTERNATE NO. I
Description:
Besides placement of the new door into room "3", called for by the Base Bid work, a new door
would also be placed between rooms "6" and "7", Under this plan, room "3" would be used as an office-
conference area and room "7" would continue to be used as a storage room. The advantage to this type of
an arrangement is that now the clerks would have more direct access to the storage facility.
BASE BID PLUS ALTERNATE NO. 2
Description:
Besides placement of the new door into room "3", called for by the Base Bid work, a new wall
as well as a new door would be added to room "7". Room "3" would continue to be used as an office-con
ference area and room "7" as a storage facility. This plan is more costly because of the extra floor
space which is enclosed in room "7".
Moved by Richardson supported by O'Brien the resolution be adopted.
Moved by Benson supported by Hamlin the resolution be amended to adopt Alternate 2 on the
chart and change the cost to $10,000.00.
Discussion followed.
Moved by Houghten supported by Gabler that the approval of the Fire Marshal be received before
the alterations are started.
Moved by Olson supported by Edwards the resolution and amendments be tabled until it is approv-
ed by the Finance Committee and Fire Marshal.
AYES: Aaron, Bawden, Brennan, Coy, Edwards, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin,
Mathews, O'Donoghue, Olson, Patnales, Perinoff, Pernick, Powell, Szabo. (19)
NAYS: Benson, Gabler, Grba, O'Brien, Richardson, Wilcox. (6)
ABSTAIN: Walker. (1)
A sufficient majority having voted therefor, the motion carried.
Moved by Bawden supported by Perinoff the resolution be taken from the table.
A sufficient majority having voted therefor, the motion carried,
322
Supervisors Minutes Continued. February 19, 1970
Moved by O'Brien the resolution be referred to the Finance Committee.
There were no objections. The resolution was referred to the Finance Committee.
.sc. 5295
By Mr. Richardson
IN RE: ESTABLISHMENT OF OAKLAND COUNTY TRUSTY CAMP
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolutions Nos. 5090 and 5190 of the Oakland County Board of Supervisors
recommended the establishment of a Trusty Work Camp and said Resolutions were referred to the appropriate
Committees; and
WHEREAS the Board of Auditors has recommended to your Planning, Zoning and Building Committee
that a Trusty Work Camp be established on County owned lands located in Section 3 of Pontiac Township;
and
WHEREAS the estimated cost for the construction of said Trusty Work Camp is $150,000.00; and
WHEREAS your Planning, Zoning and Building Committee, with the concurrence of the Public
Protection and Judiciary Committee, recommends that an Oakland County Trusty Camp be established at the
above mentioned location.
NOW THEREFORE BE IT RESOLVED that this Board of Supervisors establishes an Oakland County
Trusty Camp on County owned land located in Section 3 of Pontiac Township at a cost not to exceed
$150,000.00,
BE IT FURTHER RESOLVED that the final plans for the Oakland County Trusty Camp be submitted
by the Board of Auditors, Department of Facilities and Operations for approval of this Board of Super-
visors.
Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING, ZONING AND BUILDING COMMITTEE
E, Prank Richardson, Chairman
Mahlon Benson, Jr., Carl W. O'Brien, Paul E. Kasper,
Charles B. Edwards, Jr., Alexander C. Perinoff
FINANCE COMMITTEE FISCAL NOTE
.Pursuant -to Rule 45 (le) of this Board, the Finance tommittee has reviewed the recommendations
of the Planning, Zoning and Building Committee to pay the sum of $150,000.00 for the purpose of estab-
lishing an Oakland County Trusty Work Camp, and finds the sum of $150,000.00 to be available in the 1970
r.ontingent Fund and further moves that the sum of $150,000.00 be appropriated from the 1970 Contingent
old to the 1970 Building Fund.
FINANCE COMMITTEE
Fred D. Houghten, Chairman
Delos Hamlin, Thomas H. O'Donoghue, George N. Grba,
Mary Mead BaNden, Albert F. Szabo
Moved by Richardson supported by Perinoff the resolution be adopted.
Discussion followed.
Mr. Richardson requested that Joseph Joachim, Director of Facilities and Operations, be allowed
to address the Board. There were no objections.
Mr. Joachim presented the plans for the Trusty Camp.
Discussion followed.
Mr. Olson requested that Mr. Roy Wahl, Pontiac Township Supervisor, be allowed to speak to the
Board. There were no objections.
Mr. Wahl addressed the Board.
Discussion followed.
Moved by Walker supported by Powell the resolution be referred back to the Planning, Zoning
and Building Committee and the Public Protection and Judiciary Committee.
AYES: Brennan, Coy, Edwards, Grba, Olson, Patnaies, Powell, Szabo, Walker. (9)
NAYS: Aaron, Bawden, Benson, Gabler, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin,
Mathews, O'Brien, O'Donoghue, Perinoff, Pernick, Richardson, Wilcox. (17)
A sufficient majority not having voted therefor, the motion lost.
Vote on resolution:
A sufficient majority having voted therefor, the resolution was adopted.
Moved by Richardson supported by Perinoff that Resolution #5269, Service Center General
Development Plan, be taken from the table.
A sufficient majority having voted therefor, the motion carried.
323 Supervisors Minutes Continued, February 19, 1970
Mr, Richardson requested that Mr. Joseph Joachim, Director of Facilities and Operations,
be allowed to address the Board. There were no objections.
Mr. Joachim explained the Service Center Master Plan.
Moved by Horton the Plan be amended that the location of the access road north of the County
School property be so built that it will not destroy any of the wooded area of the two parts adjacent
to the west of Telegraph Road, between the County Road Commission and the County School property.
(Ruled out of order.)
Moved by Grba supported by Benson that the Service Center General Development Plan (Reso-
lution #5269) be accepted and placed on file to be used as a guideline.
The Chairman stated that, if there were no objections, Mr. Horton's suggestion will be in-
cluded as a part of the guideline.
There were no objections.
Vote on motion to accept and place on file the Service Center General Development Plan:
A sufficient majority having voted therefor, the motion carried.
The Clerk presented to the Board a letter from the County Drain Commissioner stating that a
resolution has been adopted by the Drainage Board for the Rummell Relief Drain authorizing the issuance
of drain bonds in the aggregate amount of $5,050,000,00 and requesting that the Board of Supervisors
adopt a resolution to pledge the full faith and credit of the County of Oakland as secondary security
for the prompt payment of said Drain Bonds.
By unanimous consent the said communication was ordered filed with the Clerk.
Misc. 5296
By Mr. Horton
IN RE: RUMMELL DRAIN
The following resolution was offered by Mr. Horton and seconded by Mr. O'Donoghue:
WHEREAS proceedings have been taken by the Statutory Drainage Board for the location,
establishment and construction of the Rummell Relief Drain under the provisions of Act No. 40 of the
Public Acts of Michigan of 1956, as amended, pursuant to a petition filed by the City of Southfield
and the Village of Beverly Hills on March 18, 1969; and
WHEREAS the said Drainage Board by resolution adopted on February 6, 1970, authorized and
provided for the issuance of bonds in the aggregate principal amount of $5,050,000 in anticipation of
the collection of an equal amount of special assessments against the City of Southfield, the Township
of Southfield, the Village of Beverly Hills, the City of Lathrup Village, and the County of Oakland,
as their respective shares of the cost of said drain, said special assessments having been therefore
duly confirmed by said Drainage Board; and
WHEREAS said bonds are to be designated the Rummell Relief Drain Bonds, are to be dated
April 1, 1970, will bear interest at a rate not exceeding 8%, and will be subject to redemption prior
to maturity in accordance with the provisions of the bond resolution; and
WHEREAS Section 474 of said Act No. 40, as amended, provides in part as follows:
"If any public corporation fails or neglects to account to the county treasurer for the amount
of any installment and interest, then the county treasurer shall advance the amount thereof from county
funds in the following cases:
"(1) If any bonds or other evidence of indebtedness have been issued to finance a project,
the petition for which was filed after June 6, 1961 in anticipation of the collection of the install-
ment and interest pursuant to the provisions of this chapter and the board of supervisors has previously
acted, by a resolution adopted by a 2/3 vote of its members elect, to pledge the full faith and credit
of the county for the prompt payment of the principal of and interest on the bonds or evidence of
indebtedness, or
"(2) If any bonds or other evidence of indebtedness have been issued to finance a project,
the petition for which was filed prior to June 6, 1961 in anticipation of the collection of the install-
ment and interest pursuant to the provisions of this chapter."
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 BOARD OF SUPERVISORS OF THE COUNTY OF OAKLAND, MiCHIGAN:
I. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain
Code of 1956, as amended, the Board of Supervisors of the County of Oakland does hereby irrevocably
pledge the full faith and credit of the County of Oakland and does agree that in the event the City of
Southfield, the Village of Beverly Hills, the City of Lathrup Village, 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
installment and interest for the Rummell Relief 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 be
the duty of the County Treasurer, for and on behalf of the County of Oakland; to take all actions and
proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums
so paid.
324
Supervisors Minutes Continued, February 19, 1970
3. That all resolutions and parts of resolutions insofar as the same may be in conflict with
he provisions of this resolution be and the same hereby are rescinded.
PUBLIC WORKS COMMITTEE
Harry W. Horton, Chairman
Moved by Horton supported by O'Donoghue the resolution be adopted.
AYES: Aaron, Bawden, Benson, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper,
Mainland, Mathews, O'Donoghue, Patnales, Perinoff, Pernick, Powell, Richardson, Szabo, Wilcox. (21)
NAYS: Brennan, O'Brien. (2)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5297
By Mr. Horton
IN RE; HALFPENNY AND AUGUSTA DRAIN BONDS
The following resolution was offered by Mr. Horton and seconded by Mr. Perinoff:
WHEREAS this Board of Supervisors has heretofore pledged the full faith and credit of the
County of Oakland to the payment of the following Oakland County Drain Bonds:
$1,590,000 Halfpenny Drainage District Drain Bonds to be dated April i, 1970;
and
$14,250,000 Augusta Drainage District Drain Bonds to be dated April 1, 1970; and
WHEREAS the Drainage Boards for the Halfpenny Drain and the Augusta Drain have adopted amend-
ments to the bond resolutions authorizing the issuance of said bonds which amendments provide that the
said bonds shall be callable for redemption prior to maturity on and after May 1, 1978; and
WHEREAS such amendments to the bond resolutions were adopted in order to permit early re-
funding of said bonds and substantial savings to the public corporations assessed if interest rates on
municipal bonds should decline from the existing levels.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF OAKLAND, MICHIGAN:
1. That this Board of Supervisors does hereby reaffirm its pledge of the full faith and
credit of the County of Oakland to the payment of the following bonds, to wit:
$1,590,000 Halfpenny Drainage District Drain Bonds to be dated April I, 1970,
and
$14,250,000 Augusta Drainage District Drain Bonds to be dated April 1, 1970
2. That all resolutions or parts of resolutions insofar as they may be in conflict herewith
be and the same hereby are rescinded.
PUBLIC WORKS COMMITTEE
Harry W. Horton, Chairman
ADOPTED.
YEAS: Aaron, Bowden, Benson, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper,
Mainland, Mathews, O'Brien, O'Donoghue, Patnales, Perinoff, Pernick, Powell, Richardson, Szabo, Wilcox. (22)
NAYS: None. (0)
ABSTAIN: Brennan. (1 )
Misc. 5298
By Mr. Gabler
TERMINAL BUILDING RESTAURANT LEASE AND CONCESSION AGREEMENT
THIS LEASE AND CONCESSION AGREEMENT, made and entered into on the day of
by and between THE COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
hereinafter referred to as "Lessor,'' and TRANSCONTINENTAL AIRLINES SYSTEMS, INC., a Michigan Corporation,
Oakland County, Michigan hereinafter referred to as "Lessee."
WITNESSETH
WHEREAS the Lessor operates the Terminal Building on the Oakland-Pontiac Airport located in
the Township of Waterford, County of Oakland, and State of Michigan, hereinafter called the "Airport,"
and
WHEREAS the Lessor owns and operates a Terminal Building designed to provide facilities for
the purchase of food and beverages, for the general public, and
WHEREAS the Lessees are desirous of engaging in a restaurant operation and represent them-
selves to be capable of furnishing food of high quality and at reasonable prices and to that end are
desirous of obtaining certain rights and privileges incidental thereto and hereinafter set forth, which
rights and privileges the Lessor has power to grant,
NOW THEREFORE in consideration of these premises and of the mutual covenants and agreements
herein contained and other valuable considerations, the Lessor does hereby lease and let unto the
Lessees, and Lessees do hereby hire and take from the Lessor, certain premises, facilities, rights,
ervices and privileges in connection with the Airport Terminal Building as follows, to-wit:
ARTICLE I
LEASED AREAS
Lessee is granted the use of 2,580 square feet, more or less, of space in the Terminal Building
on the Oakland-Pontiac Airport, described as follows:
Supervisors Minutes Continued. February 19, 1970
1. Dining Room Area 919 square feet
2. Kitchen Area 469 square feet
3. Basement Storage Area 198 square feet
4. Garbage Storage Area 63 square feet
5. Banquet Room Area 931 square feet
TOTAL AREA 2,580 square feet
Lessee shall serve and dispense quality foods and beverages with adequate portions, and at
prices comparable to those maintained at other high quality restaurants in the Pontiac area.
ARTICLE II
GENERAL DESCRIPTION OF THE CONCESSION
DINING ROOM, KITCHEN, AND NEWSSTAND FACILITY. The Lessee shall have the right in the Terminal
Building to operate a restaurant facility serving food and beverages, including alcoholic beverages,
coffee shop and newsstand facility in the dining room area.
The items permitted to be sold at the newsstand facility shall include items generally sold in
general merchandise concessions in airport terminal buildings including, but not limited to newspapers,
periodicals, tobaccos, greeting cards, postcards, gifts, books, jewelry, toys, photography supplies, drugs,
cosmetics, soft goods of type commonly sold at such concessions, including handkerchiefs, neckties, scarves,
gloves, and stockings, perfumes, and other items as may be mutually agreed to between the Lessor and the
Lessee, from time to time; provided that Lessor, acting through its Director of Aviation shall have the
absolute discretion to prohibit and control sale of printed matter which it may consider not to be de-
sirable for sale at such location.
IN-FLIGHT MEALS. The Lessees shall have the right to prepare and sell in-flight meals for con-
sumption aboard aircraft when and if ordered by airlines or corporate-owned aircraft, provided that noth-
ing in this base shall be construed to give Lessee any exclusive right, franchise or privilege with re-
lation thereto, it being understood that the operators of said aircraft are not restricted by Lessor to
dealing with Lessee.
In connection with the preparation and sale of in-flight meals for consumption aboard aircraft,
the Lessees shall at all times, comply with any and all federal, state and local statutes, ordinances,
rules and regulations, and shall at their own expense secure any and all necessary permits and licenses
from federal, state and local authorities, as the case may be, prior to the service of in-flight meals.
ARTICLE III
METERING. The Lessor will provide water and cause metering to be provided for electricity and
gas. The Lessee shall pay its own electric and gas bills at the regular established rates charged by
Detroit Edison Company and Consumers Power Company on separate meters in addition to the rentals herein
provided.
Lessor will supply heat at average temperature of 72 ° during winter season and circulating
fresh air when heat is not required, at Lessor's expense.
WINDOW WASHING. Lessor will at its cost provide for washing of all windows on the outside only
in Lessees' area at periodic intervals, and not less than six times per year.
ARTICLE IV
OBLIGATIONS OF LESSEE
Any additional equipment necessary for the proper operation of the restaurant in addition to the
equipment furnished by the Lessor in the Inventory attached hereto, shall be purchased by the Lessee who
shall pay the cost of maintenance of such equipment and who shall notify the Director of Aviation of all
such additional equipment commingled with the equipment furnished by the Lessor. It is further agreed
that all of the Lessees' equipment which may be purchased or added shall be of high quality, safe, fire
resistant, modern in design, attractive in appearance, and shall harmonize with equipment furnished by
the Lessor. The Lessees equipment shall be approved by the Director of Aviation before installation on
the premises.
It is further agreed by the Lessees that the service road to the loading dock, and the dock, are
to be used in common with others; service trucks or automobiles may park for unloading purposes only, and
then be removed immediately.
MAINTENANCE OF EQUIPMENT, The Lessee agrees, at all times, to maintain and keep in first-class
condition, at the Lessees' sole expense, all equipment furnished by the Lessor, including equipment owned
by the Lessee. If Lessee fails to do so, the Lessor shall hire the maintenance performed, and charge the
the Lessee for the total cost of such work. If not paid by the tenth of the following month, it will be
considered cause for cancellation of the Lease.
Except as herein specifically set forth to be furnished by Lessor, Lessee shall furnish at its
expense all service equipment of every sort (such as silver, linen, glassware, crockery and utensils)
which may be required for use in Lessee's operations hereunder. Title to such service equipment shall
remain in Lessee.
Title to all property of every sort which may be installed by Lessee as a replacement for pro-
perty furnished by Lessor under the terms of this agreement shall immediately vest in Lessor after its
installation. Title to all fixtures shall be vested in Lessor and shall remain in the leased premises at
the conclusion of the lease.
Lessee agrees to keep its personal property used on or about the leased premises free and clear
of all liens and in the event that any claims of lien are filed against such property to remove the same
within ninety (90) days after the same may be filed or to provide Lessor with a bond in sufficient amount
and on terms acceptable to Lessor, guaranteeing the removal of such lien.
Lessee agrees that it will adopt and use decorating schemes and motifs in harmony with the de-
sign and architectural treatment of the Terminal Building and will submit the same, including any proposed
changes wherein, to the Director of Aviation for approval prior to installation
ELECTRICAL AND PLUMBING CHANGES. Lessees shall obtain prior approval from the Lessor before
installing at their expense in Lessees' areas any equipment which will require new electrical or plumbing
connections or changes in those installed in said areas as of the Initial date of this contract.
325
326
Supervisors Minutes Continued. February 19, 1970
DECORATION AND REDECORATION, Lessees shall at their sole expense do any and all redecorating
of the Lessees' areas other than the initial decorating, provided that redecoration shall be undertaken
in a manner approved by Lessor acting through the Director of Aviation. Initial decoration and all
subsequent redecoration shall be subject to approval of Lessor.
HOURS OF OPERATION, Lessees shall keep the Dining Room open for breakfast, lunch and dinner
service to the public at least on the average of ten (10) hours per day, seven (7) days per week, with
adequate service to meet public demand. In no event shall the hours of operation be curtailed to an
extent that the service contemplated under this contract shall be disminished. However, subject to
weather conditions, winter season, or air traffic conditions, the hours of operation of the concession
may be adjusted by mutual agreement of Lessor and Lessees.
Lessees shall, at all times, comply with the Federal Pure Food and Drug Laws and other appli-
cable laws and regulations of the United States, the State of Michigan, County of Oakland, Township of
Waterford, and all applicable health rules and regulations, and the rules and regulations governing the
operation of the Airport.
LESSEES' MANAGER. Lessees shall at all times retain an active, qualified, competent and ex-
perienced manager to supervise the concession operations and authorized to represent and act for the
Lessees in matters pertaining to the day-by-day operation of the concession.
LESSEE, EMPLOYEES AND SERVICE. Lessees' service shall be prompt, clean, courteous, efficient
and sufficient in quantity.
Lessee shall at all times provide personnel sufficient to operate the leased facilities on a
standard equal to that maintained by comparable restaurant operations at comparable locations. Lessees'
employees shall be clean, courteous, efficient and neat in appearance. All restaurant employees shall
wear uniforms. Lessees shall not employ any person or persons in or about the Lessees' areas who shall
use improper language or act in a loud or boisterous or otherwise improper manner. Upon written noti-
fication by the Lessor to the Lessees that any person employed by Lessees at the Airport is, in Lessor's
opinion, disorderly, unsanitary, or otherwise unsatisfactory, the Lessee shall, within twenty-four (24)
hours, remedy the situation to Lessor's satisfaction and failing that the employee shall be removed from
service at the Airport and shall not again be trained or employed by Lessees at the Airport without
consent of Lessor.
TRASH AND GARBAGE
Lessee shall provide at its sole expense a complete and proper arrangement for the adequate
sanitary handling and disposal, away from the Airport, of all trash, garbage, and other refuse caused
as a result of the operation of the concession. Lessees shall provide and use suitable covered metal
receptacles of all garbage, trash, and other refuse on or in connection with the Lessees' areas. Piling
of boxes, cartons, barrels or other similar items in or about the aforesaid premises is forbidden. Such
obligations shall be performed at the sole cost of Lessees.
COSTS BORNE BY LESSEES
Except as hereinabove provided Lessees shall bear at their own expense all costs of operating
the concession, including any and all taxes, and except as hereinabove provided, shall pay for and obtain
all permits and licenses required by authority of law in connection with the operation of the concession,
including the Class "C" Liquor License which the County is in the process of securing in cooperation with
the Lessees. Lessees shall pay for gas and electric current at the rates applicable for such services,
all in addition to the rentals otherwise provided for herein.
Lessee shall pay all taxes and assessments levied or assessed on the leased premises and the
Lessee's personal property located on said premises.
PUBLIC ADDRESS SYSTEM, The Lessees shall permit the installation in their premises of the air-
port public address system and the reception within its premises of flight announcements and other in-
formation broadcast over that system.
RECORDED MUSIC. The Lessee may at its sole expense, provide recorded music subject to approval
of the Director of Aviation.
ARTICLE V
REMODELING OF RESTAURANT AND KITCHEN AREA, AND BANQUET ROOM AREA.
RESTAURANT AND KITCHEN AREA. The parties hereto agree that renovation of the restaurant and
kitchen area on the first floor of the Terminal Building shall be done generally in accordance with
Plans and Specifications entitled "The Voyager Restaurant and Lounge,' dated October 14, 1969, attached
hereto and designated as Exhibits.
Lessor agrees that it shall award contracts for the work subject to the proposed contractor
and costs being approved by Lessee prior to award of the contract.
Parties hereto agree that the County participation shall not exceed $30,000 and any necessary
cost of remodeling beyond $30,000 will be financed solely by Lessee. Lessee will deposit with the
Lessor all funds Lessee is required to pay for remodeling work before award of the contracts for
remodeling.
Lessee agrees that remodeling shall include an entrance at the east end of the Terminal Build-
ing to be constructed comparable with the main entrance. This portion of the remodeling will include
moving a portion of the fence presently abutting the east side of the Terminal Building, constructing
sidewalks, and other necessary improvements as mutually agreed.
BANQUET ROOM AREA. Lessee agrees that it will remodel the Banquet Room area in the basement
of the Terminal Building. Such remodeling shall be commenced not later than one year after the exe-
cution of this Lease, and completed not later than eighteen (18) months after the execution of this
Lease.
Lessee agrees that remodeling of the Banquet Room area will be done only in accordance with
the Plans and Specifications as approved by Lessor.
The parties hereto agree that the cost of construction and fixtures in the Banquet Room area
which would otherwise be borne by the Lessor under this agreement may be deducted from revenues of the
Banquet Room area only.
Supervisors Minutes Continued. February 19, 1970
Such credits shall be in accordance with the same percentage rent schedule as in effect in this
Lease; but such credits shall not be considered a part of the minimum annual rent.
ARTICLE VI
QUALITY AND PRICE CONTROL
In entering into this concession in the Terminal Building at the Oakland-Pontiac Airport, the
Lessor has foremost in mind providing the public and the air traveler with restaurant facilities of high
quality. To accomplish this, the Lessees shall serve and dispense high quality foods with adequate port-
ions and at prices comparable to those maintained at other high quality restaurants in Oakland County.
The Lessees' initial price, quality and portion schedules will be subject to approval by the Lessor prior
to the beginning of operations, and at any time thereafter.
ARTICLE VII
Lessee shall have full authority to use said premises and facilities and to exercise the rights,
licenses, and privileges set forth herein for a term of five (5) years commencing on the first day of the
month succeeding the date on which the improvements to be installed by Lessor pursuant to the provision
of Article V hereof are completed and made available to Lessee for installation of tables, chairs, operat-
ing supplies, china, silver, glassware, linen, and other personal property to be installed by it, or when
Class "C" Liquor License is approved for Lessees' operation of the restaurant, whichever is the later date.
Lessee shall have the option to renew this Lease prior to the expiration thereof upon the same
terms and conditions. Notice of election to renew hereunder by Transcontinental Airlines Systems (or its
heir's legal representatives, successors, and assigns) shall be in writing and given to the Director of
Aviation at least sixty (60) days before the expiration of this Lease.
Lessee shall have the option to a second renewal of this Lease prior to the expiration thereof
for five (5) years upon such terms and conditions as may be agreed upon by the parties hereto.
ARTICLE VIII
RENT
Lessee, in consideration of the leasing of the premises, facilities, rights, licenses, services
and privileges, and the performance by Lessor of the covenants and agreements herein provided to be per-
formed by it, hereby covenants and agrees to pay rent to Lessor, as follows:
MINIMUM RENT
Commencing with the First day of the month following the date on which all improvements to be
provided by Lessor hereunder are completed and made available to Lessee, Lessee shall pay to Lessor a
Minimum Rent annually for the first year of operation, Three Thousand and Five Hundred Dollars ($3,500):
for the second year of operation, the Minimum Rent annually shall be at the rate of Four Thousand Dollars
($4,000); and for the third year of operation and subsequent years the Minimum Rent annually shall be at
the rate of Five Thousand Dollars ($5,000.)
PERCENTAGE RENT
Except as hereinafter otherwise provided in this Lease, for each and every year or fractional
year during the term of this Lease and any extension thereof, Lessee shall pay to Lessor, in addition to
the Minimum Rent, a sum of money (herein referred to as "Percentage Rent") computed and determined by
deducting the Minimum Rent for each respective year or fractional year from a sum of money computed upon
the following respective percentages of Lessee's total Gross Receipts during such year or fractional year:
Food and Non-Alcoholic Beverages (excluding Sales by Vending
Machines Operated by Anyone Other than Lessee)
3% of Gross Receipts up to $50,000
4% of Gross Receipts over $50,000 to $100,000
5% of Gross Receipts over $100,000 to $150,000
6% of Gross Receipts over $150,000 up to $250,000
7°4 of Gross Receipts over $250,000
Alcoholic Beverages
8% of Gross Receipts up to $50,000
9% of Gross Receipts over $50,000 up to $100,000
10% of Gross Receipts over $100,000
Merchandise (excluding Sales by Vending Machines
Operated by Anyone Other than Lessee)
8% of Gross Receipts from tobacco products, newspapers,
magazines.
Vending Machines Operated by Other Than Lessee
Lessee shall pay to Lessor as additional Percentage Rent
one-half of the net amount received by Lessee from third
parties in payment for the privilege of operating such
vending machines.
Any provision of this Lease to the contrary notwithstanding, the Percentage Rent hereinabove
provided to be paid in this Article will be adjusted as provided by the following formula:
If in any year of this Lease or fractional year the total amount arrived at by applying the
percentages set forth above is less than the total dollar amount of the Minimum Rent provided to be paid
for such year or fractional year, the dollar amount by which it is less shall be paid by the Lessee to
the Lessor not later than the thirtieth (30th) day following the end of the first three (3) months of
operation and at the end of each three (3) month period thereafter.
All Percentage Rent provided to be payable hereunder for a year or fractional year shall be
payable quarterly not later than the thirtieth (30th) day following the end of the first three (3) months
of operation and the end of each three (3) month period thereafter, and shall be based upon reports fur-
nished by Lessee to Lessor with such payments. Lessee shall furnish to Lessor annually, within ninety
(90) days after the end of any year or fractional year, an audit certified to by an officer of Lessee,
showing Lessee's Gross Receipts during the preceding year, the amount of any cumulated prior deficiency
327
TERM TERM
328
Supervisors Minutes Continued, February 19, 1970
in Percentage Rent, and the net Percentage Rent, if any, owing hereunder for such year. Provided that if
at the end of any quarter it be determined that Lessee has paid for said year to such date a greater sum
than would have been payable under the provisions hereof for said portion of such year, Lessee shall have
credit for such excess payment against the rental, including minimum rental, subsequently falling due.
Lessor shall have the right at any time within two (2) years thereafter to have the books and
records of Lessee audited during reasonable hours. Any additional Percentage Rent found due by such audit
shall be paid to Lessor within thirty (30) days and shall bear interest at the rate of seven (7) percent
per annum from the date such payment was due until paid; and if Lessee has overpaid such rent, Lessee
shall deduct such excess from the rent next falling due.
Lessee shall maintain records of its Gross Receipts at a place accessible to the Lessor. Such
records shall be maintained for a period of at least twenty-seven (27) months following the end of the
rent year and shall be made available to Lessor, acting through its Director of Aviation, for audit or
review on request during usual business hours.
The term "gross receipts", as used herein shall be construed to mean, for all the purposes
hereof, the aggregate amount of all sales made and services performed, but not to include sales tax due
or paid the Michigan Department of Revenue.
DEPOSIT
At least thirty (30) days prior to commencing operations under this Agreement, the Lessee shall
deposit with the Lessor the sum of One Thousand, Two Hundred Fifty Dollars ($1,250) as a security deposit
for payment of future rent.
ARTICLE IX
SALE OF LIQUOR BY LESSEE
In consideration of the terms of the Agreement, the County agrees to make application to the
Michigan Liquor Control Commission to add the Lessee as an additional licensee on its Class "C" Liquor
License for the Oakland-Pontiac Airport.
It is agreed between the parties hereto that the Lessee shall acquire no right, title or interest
in or to the said Class "C" Liquor License.
It is agreed that if, for any reason, the Michigan Liquor Control Commission refuses to add
Lessee as an additional licensee on the Lessor's Class "C" Liquor License, Lessor may at its option and
on thirty (30) days notice to Lessee, cancel this Lease.
It is further agreed by the Lessee that upon termination of the Agreement for any reason, the
Lessee, its successors and assigns, shall reassign to the County, its interest in the Class "C" Liquor
License, or to such party or parties as the County shall designate. Prior to such reassignment, the
County agrees to pay over to the Lessee its original deposit less amounts due and owing to the County
at the time of such reassignment.
ARTICLE X
DAMAGE OR DESTRUCTION OF PREMISES
If the premises leased to the Lessees are partially damaged by fire, explosion, the elements,
the public enemy, or other casualty, but not rendered untenantable, the same shall be repaired with due
diligence by the Lessor at its own cost and expense. If the damage shall be so extensive as to render
such premises untenantable, but capable of being repaired in thirty (30) days, the same shall be repaired
with due diligence by the Lessor at its own cost and expense, and the rent payable herein shall be pro-
portionateiy paid up to the time of such damage and thereafter cease until such time as the premises are
fully restored. In the event the premises are completely destroyed by fire, explosion, the elements, the
public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30)
days, the Lessor shall be under no obligation to repair and reconstruct the premises, and commission pay-
able hereunder shall be proportionately paid up to the time of such damage or destruction and shall hence-
forth cease until such time as the premises may be fully restored. If within twelve (12) months after the
time of such damage or destruction said premises shall not have been repaired or reconstructed, Lessees
may give the Lessor written notice of its intention to cancel the agreement in its entirety as of the date
of such damage or destruction.
ARTICLE XI
FIRE AND EXTENDED COVERAGE INSURANCE
Lessees shall procure and keep in force fire and extended coverage insurance upon their lease-
hold improvements, business fixtures, equipment, furniture and furnishings to the full insurable value
thereof and shall furnish the Lessor with evidence that such coverage has been procured and is being
maintained in full force and effect.
ARTICLE XII
INDEMNITY
The Lessees do hereby covenant and agree to indemnify and save harmless the Lessor from all
fines, suits, claims, demands and actions of any kind and nature by reason of any and all of its neg-
ligence in conducting operations and do hereby agree to assume all risks in the operation of its business
hereunder and shall be solely responsible and answerable in damages for any and all accidents or injuries
to persons or property caused by the negligence of Lessee, its employees and agents.
Lessees shall maintain with insurance underwriters satisfactory to the Lessor a standard form
policy or policies of insurance in such amounts as may from time to time be approved by the Lessor pro-
tecting both the Lessees and the Lessor against public liability, products liability, liquor liability
and property damage. Lesses shall promptly, after the execution of this agreement, furnish such policy
or policies for Personal injury growing out of any one occurrence in the sum of $250,000 per person and
$500,000 growing out of any one casualty and Property Damage of $250,000 per occurrence and $250,000
aggregate. Lessees shall furnish a certificate from the insurance carrier or carriers showing such
insurance to be in full force and effect during the term of this contract, or to deposit copies of the
policies which give this coverage, with the Lessor. if certificates are provided, a thirty (30) day
notice of cancellation shall be given.
329 Supervisors Minutes Continued. February 19, 1970
ARTICLE XIII
INSPECTION
The Lessees shall allow the Lessor's authorized representatives access to the premises
leased to Lessee, at all reasonable hours, for the purpose of examining and inspecting said premises,
for purposes necessary, incidental to or connected with the performance of its obligations hereunder,
or in the exercise of its governmental functions.
The Lessees agree that the Lessor's Director of Aviation is authorized, at any time, to in-
spect the Lessees' operation for cleanliness, condition of equipment, prices, quantity and quality of
food, service and hours of operation, if not satisfactory, the Director of Aviation shall notify the
Lessees, in writing, to correct any unsatisfactory conditions immediately. If the condition is not
corrected within a reasonable period of time after notification the Lessor may terminate this Lease
by a thirty (30) day written notice of cancellation.
ARTICLE XIV
ASSIGNMENT AND SUBLETTING
The Lessees shall not assign, transfer, sublease, pledge, hypothecate, surrender or other-
wise encumber or dispose of this Lease or any estate created by this Lease, or any interest in any
portion of the same, or permit any other person or persons, company or corporation to occupy these
premises, without the written consent of the Lessor being first obtained.
All the covenants, stipulations and agreements in this Lease shall extend to and bind the
heir's legal representatives, successors and assigns of the respective parties hereto.
ARTICLE XV
SIGNS
The Lessees shall have the right to install or cause to be installed and operate appropriate
signs in said Terminal Building and near the entrance(s) to the Airport on Highland Road to advertise
the said restaurant and concessions. The cost of such installation and operation shall be borne by
Lessees. Lessees shall not erect, install, operate or cause or permit to be erected, installed or
operated in or upon the premises herein, the Terminal Building, any sign or other similar device for
advertising without first having obtained the Lessor's written consent thereto.
ARTICLE XVI
REDELIVERY
Lessees will make no unlawful or offensive use of said premises and will at the expiration
of the term hereof or upon any earlier termination thereof, as hereinafter provided, quit and deliver
said premises to the Lessor .and those .havin..g ...their....statein the premises, peaceably, quietly and in
as good order and condition, reasonable use and wear thereof, fire and unavoidable catsse excepted; as
the same now are or may hereafter be placed by the Lessees or the Lessor.
ARTICLE XVII
HOLDING OVER
In the event Lessees shall hold over and remain in possession of the premises herein leased
after the expiration of this agreement without any written renewal thereof, such holding over shall not
be deemed to operate as a renewal or extension of this agreement, but shall only create a tenancy from
month to month which may be terminated at any time by the Lessor on giving thirty (30) days notice,
ARTICLE XVILI
NON-WAIVER
Any waiver of any breach of covenants herein contained to be kept and performed by the Lessees
shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the
Lessor from declaring a forfeiture for any succeeding breach either of the same condition or covenant
or otherwise.
ARTICLE XIX
It is agreed that if the Lessee shall neglect or fail to pay rent promptly as specified in
this Lease, and if there is a failure to pay same for a period in excess of thirty (30) days, then this
Lease shall be subject to cancellation and become void and the rights of the Lessee terminated here-
under at the option of the Lessor.
It is further agreed that should the Lessee be adjudicated a bankrupt or insolvent according
to law, the Lease shall become void.
It is further agreed that if the Lessee shall neglect or fail to comply with any of the
conditions and covenants of this Lease for a period in excess of thirty (30) days after written noti-
fication from the Lessor through its Director of Aviation, than this Lease shall be subject to can-
cellation and become void, and the rights of the Lessee terminated hereunder at the option of the
Lessor.
ARTICLE XX
GENERAL PROVISIONS
The Lessees shall furnish good, prompt and efficient service adequate to meet all the demands
for its service at the Airport.
Lessees shall furnish said service on a fair, equal and non-discriminatory basis to all users
thereof.
Lessees shall charge fair, reasonable and non-discriminatory prices for each unit of sale or
service; provided that the Lessees may be allowed to make reasonable and non-discriminatory discounts,
rebates, and other similar types of price reduction to volume purchasers.
This Lease shall be non-exclusive and subordinate to the provisions of any existing for or
future agreement between the Lessor and the United States, relative to the operation or maintenance
of the airport, the execution of which has been or may be required as a condition precedent to the
expenditure of Federal funds for the development of the airport.
The Lessor reserves the right to further develop or improve the landing area of the airport
as it sees fit, regardless of the desires or views of the Lessees, and without interference or hin-
drance.
DEFAULT DEFAULT
Approved As To Form
Corporation Counsel
330
Supervisors Minutes Continued. February 19, 197 0
The Lessor reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent the Lessees from
erecting or permitting to be erected, any building or other structure on the airport which, in the
opinion of the Lessor, would limit the usefulness of the airport or constitute a hazard to aircraft.
ARTICLE XXI
PARAGRAPH HEADINGS
The paragraph headings contained herein are for convenience in reference and are not intended
to define or limit the scope of any provision of this Lease.
ARTICLE XXII
INVALID PROVISIONS
In the event that any provision herein contained is held to be invalid by any court of com-
petent jurisdiction, the invalidity of such provision shall not affect the remainder of the Lease.
ARTICLE XXIII
INTERPRETATION OF LEASE
Nothing of this Lease shall be construed or interpreted in any manner whatsoever as limiting,
relinquishing, or waiving any rights of ownership enjoyed by Lessor in the Airport Property, or in any
manner waiving or limiting its control over the operation, maintenance, etc., of Airport property or in
derogation of such governmental rights as Lessor possesses, except as is specifically provided for
herein.
ARTICLE XXIV
NOTICES
Notices to Lessor, provided for in this agreement shall be sufficient if in writing and
mailed, postage prepaid, addressed to Airport Terminal Building, Director of Aviation, or to such other
address as may have been designated in writing from time to time and notices to Lessees shall be deemed
sufficient if in writing and mailed, postage prepaid, addressed to Ray Rinke, 661 Kingsley Trail,
Bloomfield Hills, Michigan 48013.
IN WETNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and
year first above written.
WITNESSES:
COUNTY OF OAKLAND, A Michigan
Constitutional Corporation, Lessors
By
By
TRANSCONTINENTAL AIRLINES SYSTEMS, Inc.
A Michigan Corporation
By
By
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED: A.D., 19
Moved by Gabler supported by Benson the lease be approved and the Chairman and Clerk be
authorized to sign the lease on behalf of Oakland County.
A sufficient majority having voted herefor, the motion carried.
Misc. 5298
By Mr. Edwards
IN RE: APPOINTMENTS BY BOARD OF SUPERVISORS
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
The Committee on Committees, at a meeting this morning, arrived at the following recommenda-
tions for the 1970 Board of Supervisors appointments:
AIRPORT COMMITTEE BOARD OF PUBLIC WORKS - 3 YEAR TERM
George N. Grha Robert F. Patnales
Wallace F. Gabler, Jr. Harry W. Horton
Mahlon Benson, Jr. DEPARTMENT OF VETERANS AFFAIRS - 3 YEAR TERM
BUILDING AUTHORITY - 3 YEAR TERM John J. Rusher
Robert M. Critchfield EMPLOYEES RETIREMENT COMMISSION-CITIZEN MEMBER - 4 YEAR TERM
BOARD OF HEALTH - 5 YEAR TERM David Levinson
Lee Walker PARKS AND RECREATION COMMISSION - 3 YEAR tERM
BOARD OF INSTITUTIONS - 3 YEAR TERM Carl.W. O'Brien
Hope Lewis Clarence A. Durbin
Anne Rumsey E. Frank Richardson
SOCIAL SERVICES BOARD - 3 YEAR TERM
E. Eugene Russell
Moved by Edwards supported by Grba the appointments be approved.
The Chairman stated that appointment of the members of the Personnel Appeal Board and the
Planning Commission were previously approved and should be deleted from the list.
Moved by Mathews supported by Szabo that there be a division of the main question, dividing
that portion relating to the Social Services Board.
Supervisors Minutes Continued. February 19, 1970
Moved by Powell supported by O'Brien the amendment be amended, that should that motion succeed,
that the Social Services Board appointment be determined first. •
A sufficient majority having voted therefor, the motion carried.
Mr. Mathews requested the division of the question to submit the name of Reverend Amos O.
Johnson to be considered as a member of the Social Services Board,
Vote on division of the main question:
AYES: Aaron, Brennan, Edwards, Mainland, Mastin, Mathews, O'Donoghue, Perinoff, Pernick,
Szabo. (10)
NAYS: Bawden, Benson, Coy, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, O'Brien, Patnales,
Powell, Richardson, Walker, Wilcox. (15)
A sufficient majority not having voted therefor, the motion lost.
O'Brien moved the previous question supported by Richardson.
AYES: Bawden, Benson, Coy, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, O'Brien, Patnales,
Powell, Richardson, Walker, Wilcox. (15)
NAYS: Aaron, Brennan, Edwards, Mainland, Mastin, Mathews, O'Donoghue, Perinoff, Pernick,
Szabo. (10)
A sufficient majority having voted therefor, the motion carried.
Vote on approval of appointments:
AYES: Bawden, Benson, Coy, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, O'Brien, Patnales,
Perinoff, Powell, Richardson, Walker, Wilcox. (16)
NAYS: Aaron, Brennan, Edwards, Mainland, Mastin, Mathews, O'Donoghue, Pernick, Szabo. (9)
A sufficient majority having voted therefor, the appointments were approved.
Moved by Perinoff supported by O'Brien that $5.00 be deducted from the Supervisors pay, b y
those who want it deducted, to replenish the Flower Fund.
AYES: Aaron. Bawden, Brennan, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper,
Mainland, Mastin, Mathews, O'Brien, 0 1 00noghue, Patnales, Perinoff, Pernick, Powell, Richardson, Szabo,
Walker, Wilcox. (24)
NAYS: None. (0)
Carried.
Moved by O'Brien supported by Horton that the Board adjourn to March 5, 1970 at 9;30 A.M.
A sufficient majority having voted therefor, the motion carried.
The Board adjourned at 2:00 P. M.
Lynn O. Allen Robert F. Patnales
Clerk Chairman
331