HomeMy WebLinkAboutMinutes - 2011.08.04 - 7647406
OAKLAND COUNTY
SPECIAL BOARD OF COMMISSIONERS
MINUTES
August 4, 2011
Special Meeting called to order by Chairperson Michael Gingell at 4:07 p.m. in the Courthouse
Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bosnic, Covey, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Matis, Middleton, Nuccio, Potts, Runestad, Scott, Weipert, Woodward, Zack. (18)
EXCUSED ABSENCE WITH NOTICE: Crawford, Jackson, Long, McGillivray, Nash, Quarles, Taub. (7)
Quorum present.
Pledge of Allegiance to the Flag.
Moved by Nuccio supported by Covey the agenda be approved as printed.
Vote on agenda:
AYES: PRESENT: Bosnic, Covey, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Middleton, Nuccio, Potts, Runestad, Scott, Weipert, Woodward, Zack. (17)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
No one addressed the Board during public comment.
Chairperson Michael Gingell addressed the Board and stated that there were no Reports of Standing Committee.
Chairperson Michael Gingell addressed the Board and stated that there was one item to report on the
Regular Agenda for Special Order of Business.
Chairperson Michael Gingell addressed the Board to introduce Commissioner Runestad.
Commissioner Runestad addressed the Board to introduce a proposed Miscellaneous Resolution entitled Charter Township of White Lake – Request for Loan from the Long-Term Revolving Fund for
Administration, Design and Repair of the Lake Neva Lake Level Control Structure; and stated that he would like to suspend the rules for immediate consideration.
Discussion followed.
Commissioners Minutes Continued. August 4, 2011
407
MISCELLANEOUS RESOLUTION #11173
BY: Commissioner Jim Runestad, District #6
IN RE: CHARTER TOWNSHIP OF WHITE LAKE - REQUEST FOR $150,000 LOAN FROM THE LONG
TERM REVOLVING FUND FOR ADMINISTRATION, DESIGN AND REPAIR OF THE LAKE NEVA
LAKE LEVEL CONTROL STRUCTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Lake Neva is an inland lake located in the Charter Township of White Lake, County of
Oakland, State of Michigan; and
WHEREAS the lake level of Lake Neva is regulated, among other things, by a stand pipe structure (“lake
level structure”) that is in serious need of repair and/or replacement; and
WHEREAS the Michigan Department of Environmental Quality has indicated that the lake level structure
poses a substantial risk of failure; and
WHEREAS the failure of the Lake Neva lake level control structure poses a substantial risk to people and
property; and
WHEREAS the estimated cost, that includes the administration, legal proceedings, design and repair of
the lake level control structure project (“Project”) is approximately $ 150,000.00; and
WHEREAS pursuant to Miscellaneous Resolution #02019, adopted February 21, 2002, established a
Long Term Revolving Fund to assist in the financing of water and sewer projects; and
WHEREAS Miscellaneous Resolution #02019 authorized loans up to $150,000; and
WHEREAS the Charter Township of White Lake (“Township”) intends to establish a special assessment district in accordance with 1954 P.A. 188, as amended and its charter to make the necessary repairs to
the lake level control structure and agrees to pledge its full faith and credit of the Township for the prompt repayment of the principal and interest of the loan from the County; and
WHEREAS in order to pay for the initial costs associated with administration, legal proceedings, design and repair of the Project, the Township requests a loan from the Long Term Revolving Fund in the
amount of $150,000 with the understanding that the Township agrees to pay back to the County over a period of 5 years.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows:
1. The County Board of Commissioners hereby authorizes a loan not to exceed $150,000 from the
County’s Long Term Revolving Fund to the Charter Township of White Lake with an annual
interest rate to be determined in accordance with County policy at the time the funds are
disbursed for the costs associated with the administration, legal proceedings, design and repair of
the lake level control structure for Lake Neva.
2. The loan shall be applied to all costs for administration, legal proceedings, design and repair of
the Project.
3. The loan with applicable interest shall be paid in full and shall be assessed against the Township
in five (5) annual installments beginning with 2012 tax year.
4. The Chairperson is authorized to execute the agreement between the County and the Charter
Township of White Lake, in the form recommended and approved by Corporation Counsel with
terms and conditions necessary for the repayment of the loan provided herein.
Chairperson, I move the adoption of the foregoing Resolution.
JIM RUNESTAD
FISCAL NOTE (MISC. #11173)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: CHARTER TOWNSHIP OF WHITE LAKE - REQUEST FOR $150,000 LOAN FROM THE LONG
TERM REVOLVING FUND FOR ADMINISTRATION, DESIGN AND REPAIR OF THE LAKE NEVA LAKE LEVEL CONTROL STRUCTURE
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:
Commissioners Minutes Continued. August 4, 2011
408
1. The Charter Township of White Lake is requesting a $150,000 loan from the Long-Term Revolving Fund to be used for the administration, legal proceedings, design and repair of a lake
level control structure in order to properly attain and maintain the legal level for Neva Lake. 2. Miscellaneous Resolution #02019 authorized that monies be made available for loans to local
units for amounts up to $150,000. 3. The Charter Township of White Lake is managing, computing all costs of the project and
preparing a special assessment roll for all the lands benefited by the Neva Lake Level Control Structure.
4. To repay the loan the Charter Township of White Lake will establish a special assessment district and pledge the full faith and credit of the Township for the prompt repayment of principal and
interest on the loan over a 5 year period. 5. Also, Miscellaneous Resolution #89276 states that an interest rate no less than the prevailing six-
month Treasury Bill rate should be charged. The six-month Treasury Bill rate is quite a bit lower than the average interest rate from the Treasurer’s pooled investments and therefore the rate to
be charged will be the last published Treasurer’s pooled investment average monthly rate for the month of July 2010 is 1.192%.
6. Funding is currently available in the Long-Term Revolving Fund to issue a loan in the amount of $150,000 to the Charter Township of White Lake.
7. No budget amendment is required. FINANCE COMMITTEE
Moved by Runestad supported by Hatchett to suspend the rules and vote on Miscellaneous Resolution
#11173 – Charter Township of White Lake – Request for $150,000 Loan from the Long Term Revolving Fund for Administration, Design and Repair of the Lake Neva Lake Level Control Structure.
Discussion followed.
Vote on Motion to suspend the rules:
AYES: Covey, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Matis, Middleton, Nuccio, Potts, Runestad, Scott, Weipert, Woodward, Zack, Bosnic. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #11173 – Charter Township of White Lake – Request for $150,000 Loan from the Long Term
Revolving Fund for Administration, Design and Repair of the Lake Neva Lake Level Control Structure carried.
Moved by Runestad supported by Hatchett the resolution by adopted.
Vote on resolution:
AYES: Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Matis, Middleton, Nuccio, Potts, Runestad, Scott, Weipert, Woodward, Zack, Bosnic, Covey. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Chairperson Michael Gingell addressed the Board and stated that there were no items to report on the Regular Agenda for Unfinished Business.
Chairperson Michael Gingell addressed the Board and stated that there was one item to report on the
Regular Agenda for New and Miscellaneous Business.
Chairperson Michael Gingell addressed the Board and introduced Commissioner Runestad. Commissioner Runestad addressed the Board to introduce a proposed Miscellaneous Resolution entitled
Board of Commissioners – 2011-2012 Professional Services Contract with Poling, McGaw and Poling, PC; and stated that he would like to refer it to the General Government Committee.
Commissioners Minutes Continued. August 4, 2011
409
MISCELLANEOUS RESOLUTION #11174 BY: Commissioners Jim Runestad, District #6; David Potts, District #20
IN RE: BOARD OF COMMISSIONERS – 2011-2012 PROFESSIONAL SERVICES CONTRACT WITH POLING, MCGAW AND POLING, PC
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS there are occasions in which legal issues arise that require the Board of Commissioners to seek the advice of independent legal counsel; and
WHEREAS Poling, McGaw and Poling, PC has been providing the Oakland County Board of Commissioners with legal advice since May of 1998; and
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #04309, to enter into a contract for legal services with Poling, McGaw and Poling, PC that expired on May 31, 2006;
and WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #06113, to
enter into a contract for legal services with Poling, McGaw and Poling, PC that expired on December 31, 2008; and
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution #09119, to enter into a contract for legal services with Poling, McGaw and Poling, PC that expired on December 31,
2010; and WHEREAS Poling, McGaw and Poling, PC has been providing exemplary service to the Oakland County
Board of Commissioners and the Board wishes to retain Poling, McGaw and Poling, PC as its legal counsel through 2012.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes that the contract for legal services with Poling, McGaw and Poling, PC with the expiration date
until December 31, 2012. BE IT FURTHER RESOLVED that the compensation rate for Poling, McGaw and Poling, PC is at the
same hourly rate of One Hundred Forty ($140.00) Dollars per hour, as is established for other outside counsel and in accordance with Miscellaneous Resolution #07160.
BE IT FURTHER RESOLVED that the contract amendment with Poling, McGaw and Poling, PC is not to exceed $8,000 for the period, and that the contract shall have the same scope of services and terms as
the most recent contract. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board
Chairperson, or his designee, to execute the attached Professional Services Contract amendment with Poling, McGaw and Poling, PC with the expiration date of December 31, 2012.
Chairperson, we move the adoption of the foregoing resolution. JIM RUNESTAD, DAVID POTTS
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
The Board adjourned at 4:18 p.m. to the call of the Chair or August 18, 2011, at 9:30 a.m.
BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson