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HomeMy WebLinkAboutMinutes - 1990.12.31 - 8113PERMANENT COPY Board of Commissioners Minutes OAKLAND COUNTY BOARD OF COMMISSIONERS 1990 OAKLAND COUNTY BOARD OF COMMISSIONERS 1990 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13 District 14 District 15 District 16 District 17 District 18 District 19 District 20 District 21 District 22 District 23 District 24 District 25 District 26 District 27 Ruth Johnson Richard G. Skarritt Richard D. Kuhn, Jr. Donna R. Huntoon Larry Crake Donald E. Bishop James D. Ferrens Hubert Price, Jr. Ruel E. McPherson Mark W4 Chester Michael D. McCulloch Susan G. Kuhn John G. Pappageorge Marilynn E. Gosling David L. Moffitt Roy Rewold (CHAIRPERSON) John E. Olsen A. Madeline Luxon Dennis M. Aaron Lawrence R. Pernick Lillian Jaffe Oaks Donald W. Jensen Nancy McConnell (VICE CHAIRPERSON) John P. Calandro C. William Caddell, D.C. Thomas A. Law Donn L. Wolf Lynn D. Allen, Clerk of the Board onor.wwi :L.A.. C HOLLY OXFORD GROVELAND BRANDON ADDISON 1 INIP LAU 041. ROSE SPRINGFIELD INDEPENDENCE ORION OAKLAND Cisekston 16 WA PONTIAC AnD..... 5 6ROCHESTER WATERFORD HIGHLAND WHIM LAKE AVON 4 pc.a. 2 . .4(99 WOONt COIAERCE 14 M OlitalVAD 3Agg BLOOM FIELD 011 25 b 2 _I VILLAGE TROY ELOML7E. 1 S 13 MILFORD NoName LaV. 61. WEST BLOOMFIELD WALLED 016/61NON Al WIXOM LAKE CLAW 15, -- r iuiJ 11 ROYAL OAR LYON FARMMIEGENI 6M1176 20 HIM 24 27 60SITHELE.LO 1 . Mill 9 .1.101 FARMINGTON 1 . 1 21 9 — F.R. zit I 6,664NTALE 1 CITT TOWNSHIP COUNTY COMMISSIONER DISTRICTS - DISTRICT BOUNDARY -MUNICIPALITY BOUNDARY OAKLAND COUNTY MICHIGAN December 2,1981 OAKLAND COUNTY Board Of Commissioners • MEETING January 4, 1990 Meeting called to order at 5:34 P.M. by County Clerk Lynn O. Allen in the Courthouse Auditorium, 1200 North Telegraph, Pontiac. Michigan. . Roll called. PRESENT: Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Jensen, Johnson, Richard Kuhn, Susan Kuhn. Law, Luxor., McConnell, McPheraon, Moffitt, Olsen, Pappageorge, Pernick. Price, Rewold, Skarritt. (72} ABSENT: Gosling, McCulloen, Oaks, Wolf. (41 - Quorum present. Moved by Aaron supported by Jensen the minutes of the December 14, 19B9 meeting be approved as printed. A sufficient majority haying voted therefor, the minutes were approved. • Moved by McCulloch supported by Price the Journal for the 19E19 Session be approved and closed, and the 1989 Session be adjourned sine die. A sufficient majority having voted therefor, the motion carried. JANUARY SESSION Meeting called to order by County Clerk, Lynn D. Allen. Roll called. PRESENT: Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (25) ABSENT: Oaks. (1) Quorum present. Invocation given by Commissioner Mubert Price, Jr. - Pledge of Allegiance to the Flag. Moved by Aaron supported by Pappageorge the Agenda be approved as presented, A sufficient majority having voted therefor, the Agenda was approved. Clerk called for nominations for Temporary Chairperson. John Olsen nominated Lawrence R. Pernick. Seconded by Caddell. Moved by Ferrens supported by golf nominations be closed and a unanimous ballot be cast for Mr. Pernick. A sufficient majority having voted therefor, the motion carried. I 1 - 19 - 6 -19 - 6 2 Commissioners minutes Continued. January 4, 1990 Mr. Pernick declared elected Temporary Chairperson and escorted to the Chair. Mr. pernick called for nominations for Permanent Chairperson. Dr. G. William Caddell nominated Ray Rewold. Seconded by Mrs. Gosling. Dennis Aaron nominated Hubert Price, Jr. Seconded by Mr. McPherson. Moved by Crake supported by Law nominations be closed. --k A sufficient majority having voted therefor, the motion carried. , The vote was as follows: Aaron - Price Luxon - - Price Bishop - Rewtld McConnell - Rewold Caddell - Rewold McCulloch - Rewold I Calandro - Rewold McPherson - Price Chester - Rewold Moffitt - Rewold ,--, Crake - Rewold Olsen - Rewold Ferrent. - Price Pappaeeorge - Rewold Gosling - Rewold Pernick - Price Jensen - Rewold Price - Price Johnson - Rewold Rewuld - Rewold R. Kuhn - Rewold . Skarritt - Rewold I ! S. Kuhn - Rewold Wolf - Rewold LARI - Rewold The result of the roll call vote was as follows: Roy Rewold Hubert Price Roy Rewold declared elected ChairperSOn of the Board of Commltsioners for 1990. and escorted to the Chair. Mr. Rewold called for nominations for Vice Chairperson. Marilynn Gosling nominated Nancy McConnell. Lawrence Pernick nominated Madeline Luxon. Moved. by Crake supported by Price the nominations be closed. A sufficient majority having voted therefor, the motion carried. The vote was as follows: Bishop - McConnell McConnell - McConnell Caddell - McConnell McCulloch - McConnell Calandra - McConnell McPherson - Luton Chester - McConnell Moffitt - McConnell Crake - McConnell Olsen - McConnell Ferrens - Luxon Pappageorge - McConnell Gosling - McConnell Pernick - Luxon Jensen -.McConnell Price - Luxon Johnson - McConnell Rewold - McConnell R. Kuhn - McConnell Skarritt - McConnell S. Kuhn - McConnell Wolf - McConnell Law - McConnell Aaron - Luxon Luxon - Luxon The result of the roll call vote was: Nancy McConnell Madeline Luxon • . Nancy McConnell declared elected Vice Chairperson and escorted to the Chair. Clerk read letter from the micni9an Veterans Trust Fund announcing the reappointment of Denald Mctvoy for term ending December 31, 1992. tRetaived and filed.) Clerk read thank you letter from the staff of the Board of Commissioners. (Received and filed.) Commissioners Minutes Continued. January 4, 1990 Clerk read letter from Chairperson Roy Rewold announcing the appointment of Commissioners Larry Crake and Donald Jensen to serve as Commissicner members of the Personnel Appeal Board. Discussion followed. Vote on appointments: AYES: Caddell, Calandra, Chester, Crake, Gosline, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, Moffitt, Olsen, Pappaeeorge, Rewold, Skarritt, Wolf, Bishop. (19) NAYS: Ferrens, Luxon, McPherson, Pernick, Price, Aaron. (5) A sufficient majority having voted therefor, the appointments were confirmed. Mary Ann Ohannes and John King addressed the Board. Chairperson Roy Rewold announced the following persons will serve on the General Government Committee for 199C: Richard Skarritt, Chairperson Donald W. Jensen, Vice Chairperson Dennis Aaron, Minority Vice Chairperson Members: Law, Bishop, Wolf, McPherson The Chairperson declared a recess For General Government Committee to Peet. The Board reconvened at 6:55 P.M. Roll called. PRESENT: Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon.McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, PriCe, Rewold, Skarritt, Wolf. (25) ABSENT: Oaks. (1) Quorum present. GOVERNMENT & TRANSPORTATION COMMITTEE Richard G. Skarritt, Chairperson VIII. APPOINTMENTS OF COMMITTEES A. The 6overnmeet-6-franepertatien General Government .Committee shall be appointed by the Board Chairperson and confirmed by the 3oard at the first meeting and shall be composed of ire-(53 six (5) members of the majority party and two (2) members of the minority party. B. Membership of all Standing Committees shall be recommended by the Borernment-and Transpertateon - General Government Committee subject to the approval of the Board of Commissioners. IX. COMMITTEES A. The Standing Committees and membership' thereon shall be: 1. Finance Committee 10 Members 2. Personnel Committee 9 Members 3. Planning and Building Committee 7 9 Members 4. Public Services Conaittee 7 Tr Members S. Geverremert & Trafisportation etepet-tee 7 Reftsers Geeeral Governmeat Committee 8 Members 6. TIFER7FGFFPri rttee 7-Members B. Membership of all Standing Committees shall be as follows: The Finance Committee shall consist of seven (7) members of the ma,lority party and three (3) members of the minority party of the County Board of Commissioners. The Personnel Committee shall consist of six (6) members of the majority party and three (3) members of the minority party- The Heeltheil-Humon-Serviet3 -60mmettee, Planning and Building Committee shall consist of feve-+5) six (6) members of the majority party and two-e2+ three (3) members of the minority party. The Governmeii=FIFensportetion General Government Committee and Public Services Committee shall con- sist of fere-1-5+ six (6) members of the majuritrparty and two (2) members of the minority party. 3 Report By Government Transportation Committee IN RE: ADOPTION OF RULES FOR THE OAKLAND COUNTY 30ARD OF COMMISSIONERS TO the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Government & Transportation Committee, having reviewed the proposed rules for the Oakland County Board of Commissioners, hereby recommends the readoption of the present rules for the Oakland County Board of Commissioners, adopted January 5, 1989. together with the attached amendments as the permanent Rules for the Oakland County Board of Commissioners. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the acceptance of the foregoing report. 4 Commissioners Minutes Continued. January 4, 1990 Rule X STANUING COMMITTEES' RESPONSIBILTIES B. 68-YERNMENT=a-TRO4WRIA140N-OOMMITTEE GENERAL GOVERNMENT COMMITTEE Miscellaneous TU-Tiiii1W7-investigate and report to the Board of Commissioners on any and all matters referred to it by the Chairperson, to provide nelson between the Board of Commissioners and Clerk/Register; County Executive Administrative Offices; Department of Social Services; Oakland Livingston Human Service Agency; Area Agency on Aging; Health Division. Medical Care Facility t Community Mental hearth and Administration of the Department of Institutional -3 Human Services; and otfices to which no Committee has been named. To inform me Board of Commissioners on all matters affeCtinO the public welfare of the County and is citizens, to recommend social service program. implementation and social service_policy cRanges to meet tne needs of the community- To receive and make recommendations to the full Board regarding memoersnip and Chairpersons of Standing Committees, etc C. HEALTH & UMAR SERVICES COMMITTEE Delete in entirety. E. PLANNING AND BUILDING COMMITTEE To provide liaison with the Department of Public Works, including Sewer and Water, and Solid Waste Units, Department of Community S Economic Development, 14anni.ng-Bi'vfsfone (except the Community Development Division and the Gommunety-Beve+epment-Geenefio Citizens Advisory Council for Lommunity Development), Lconomic Development Corporation, Local Development Corporation, the near tstate Unit of tne Corporation counsel, etc F. PUBLIC SERVICES COMMITTEE 15--febide liaison with the Department of Public Services, unless provided for elsewhere in these Rules; the---Pro-e-te-eti-n-g—Irt-torney, Sheri-ff. the Circuit Court, including Friend of the Court; Probate Court; District Courts; Circuit Court Probation; District Court Probation; Prosecuting Attorney; Sheriff; Building Safety Division; Frfend -efethe-ftert, Local Law Enforcement Agencies; Department- of- Berrentinsty - and - Eeenorni-e-Bevel-opment-i-exeept-F4enning)Community Development Division and enmuniqr-Deveiapenent-ettincif Citizens Advisory Council for Community Development of the Department of Community and Economic Development: Private Industry Council; Cultural Council; tcenomte-Bevetopment-Gorporattene,Eeeai-Bevefapment-Geeporation-and-Emergeney -Mediee-Servfeee-and Emergency-Management. the Medical Examiner and Children's Village of the Department of Institutional & Human Services and Camp Daklandir and toconfer and advise on all matters wherein the discretion or approval of the Board of Commissioners is involved and, if necessary, present matters formally to the Board of Commissiuners by appropriate resolution. XX. MEETINGS OF THE BOARD OF COMMISSIONERS Regular meeting of the Board shall be held the second and fourth Thursday of each month at 9:30 a.m. with-the-excepti-on-that-there-she++-be-one-ni -ght -reeti-ng-per-quarter or as established by the Board of Commissioners, sterti - 4444- . . • , . A special meeting between meetings adjourned to a fixed date shall be held on written petition offourteen (14) members of the Board, which petition shall be filed with the Comity Clerk at least ten (10) days before the meeting or by the Chairperson of the Board by written notice delivered to each Commissioner's mailing address twenty-four (24) hours in advance of such meeting. Public notice of a rescheduled Regular and Special meeting shall be posted at least eighteen (18) hours before the meeting at the Commissioners' Auditorium, which is the principal office of the Oakland County Board of Commissioners and in the Office of the County Clerk Moved by Skarritt supported by Caddell the report be accepted. Moved by McPherson supported by Price the proposed rules be amended by returning the Health and Human Services to the Committee structure. • Discussion followed. Vote on amendment: AYES: Ferrens,: S. Kuhn, Cuxon, McPherson, Pernick, Price, Aaron. (7) NAYS: Calandra, Chester, Crake, Gosling, Jensen. Johnson, R. Kuhn, Law, McConnell, McCulloch, Olsen, Pappageorge, Rewold, Skarritt, Wolf. Bishop, Caddell. (17) A sufficient majority not having voted therefor, the amendment failed. Moved by Pernitk supparted by Ferrens the Rules be amended under #20 (Meeting of the Board) by restoring the night meetinss as it was originally in the rules. AYES: Chester. Ferrens, Johnson, S. Kuhn, Luxon, McPherson, Moffitt, Pappageorge, Pernick, Price, Aaron, Chester. (12) NAYS; Crake, Gosling, Jensen, R. Kuhn, Law, McConnell, McCulloch, Olsen, Rewold, Skarritt, Bishop, Caddell. (12) Commissioners Minutes Continued. January 4, 1990 5 A euificient majority not having voted therefor, the amendeent failed. vote en report: AYES: Crake, Gosling, aensen, Juhnson, R. Kuhn, L.S. •Kuhn„. Law,. McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, wolf, Bishop, Caddell, Calandra, Chester. (19) NAYS: Ferrens, Luxen, McPherson, Perniek, Price, Aaron. (6) A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Olsen the 1990 Rules, as submited oy the General Government Committee, be adopted. Moved by Aaron supported by McPherson to divide the question and vote separately on Rule XX, (Meetines of the Board). AYES: Ferrens, S. Kuhn, Law, Luxon, McPherson, Pappageorge, Pernick, Price, Aaron, Chester. (10) NAYS: Gosling. Jensen, Johnson, R. Kuhn, McConnell, McCulloch, Moffitt, Olsen, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandra, Crake. (15) A sufficient majority not having voted therefor, the motion to divide the question failed. Moved by Pernick supported by Price the 1990 rules be amended to restore Rule XX to the verbage that existed for the 19119 meetings. AYES: Johnson, S. Kuhn, Luxon, McPherson, Moffitt, Pappageorge, Pernick, Price, Aaron, Calandro, Chester, Ferrens. (12) NAYS: Gosling, Jeesen, R. Xuhn, Law, McConnell, McCulloch, Olen, Rewold, Skarritt, Bishop, Caddell, Crake. (12) A sufficient majority not having voted therefor, the amendment failed. Vote on recommended 1990 Rules for the Board of Commissioners: AYES: Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro. Chester, Crake, Gosling. (18) NAYS: S. Kuhn, Luxon, McPherson, Pernick, Price, Aaron, Ferrens. (7) A sufficient majority having voted therefor, the 1990 Rules for the Board of Commissioners were adopted as presented. Reports By Government & Transportation Committee IN RE: STANDING COMMITTEE MEMBERSHIP FOR 1990 To the Oakland County Board of Commissicners Mr. Chairperson, Ladies and Gentlemen: The Government & Transportation Committee hereby recommends the appointments to Standing Coecdttees per the attached sheet. Mr. Chairperson, on behalf of the Government 4 Transportation Committee, I move the acceptance of the foregoing report. GOVERNMENT S TRANSPORTATION COMMIT10E Richard G. Skarritt, Chairperson FINANCE COMMITTEE - Caddell (Chair), Gosling (Vice Cer.), Price (Minority Vice Chair) Members: Jensen. Bishop. Olsen. Chester, Papageorge, Pernick, Ferrens GENERAL GOVERNMENT- Skarritt (Chair), Jensen (Vice Chair), Aaron (Minority Vice Chair) Members: Law, Bishop, Wolf, Huntoon, McPherson PERSONNEL . -ealandro (Chair), Law (vice Chair). Oaks (Minority Vice Chair) Members: Gosling, S. Kuhn, Moffitt, Wolf, Aaron, Price PLANNING AND BUILDING - Crake (Chair), Chester (Vice Chair), Ferrens (Minority Vice Chair) Members; S. Kuhn, McConnell, Johesun, McCulloch, Oaks, Luxon PUBLIC SERVICES - R. Kuhn (Chair), Johnson (Vice Chair), McPherson (Minority 'lice Chair) Members: Moffitt, McCulloch, Pappageorge, Huntoon, Lumen Moved by Skarritt supported by McCulloch the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by McCulloch the standing committee membership be approved aS presented. 6 Commissioners Minutes Continued. January 4, 1990 AYES: Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Jensen. (24) NAYS: None. (0) A sufficient majority having voted therefor, the standing committees were approved, as presented. Report By Government A Transportation Coamittee IN RE: APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, COMMITTEES AND COUNCILS To the Oakland County Board of Coemissioners Mr. Chairperson, Ladies and Gentlemen: The Government & Transportation Committee, having reviewed the vacancies for the boards, commissions, committees and councils herein mentioned, reccamends the filling of those vacancies, as follows: AIRPORT COMMITTEE (Dne-Year Terms Ending 12/31/901 Richard G. Skarritt, Nancy McConnell, Lillian Jaffe Oaks AREA AGENCY ON AGING (Two-Year Terms Ending 12/31/91) Dorothy M. Webb (Delegate), Johanna Cotnery (Alternate) BUILDING AUTHORITY (Three-Year Term. Ending 12/31/92) Alex Capsalis COMMUNITY MENTAL HEALTH SERVICES BOARD (Three-Year Terms Ending 12/31/92) Ofiex tapsaiis, James Oetebaugh, Fred Houghten, Frederick Poole COUNTY COORDINATING ZONING COMMITTEE (One-Year Terms Endiqg 12/31/90) Mark W. Chester, Chair; Ruth A. Johnson, Michael D. McCulloch, James O. Ferrens, A. Madeline Luxnn ELECTIONS SCHEDULING COMMITTEE (One-Year Terms Ending 12/31190) C. Elaine Skarritt, Katy Mann, Steven Kaplan PARKS & RECREATION COMMISSION (Three-Year Terms Ending 1/01/93) Richard D. Kuhn, Jr., lhomas A. Law SANITARY CODE APPEAL BOARD (Three-Year Terms Ending 12/31/92) Marilynn Gosling, Ruel McPherson SOUTHEASTERN MICHIGAN COUNCIL OF GOVERNMENTS (One-Year Terms Ending 12/31/90) Daniel F. Murpny, Delegate - Patrick m. Nowak, Alternate Marilynn E. Gosling, Delegate - Donald W. Jensen, Alternate Lawrence R. Pernick, Delegate - Ruel McPherson, Alternate RETIREMENT COYMISSION (Four-Year Terms Ending 12/31/931 Dennis Murphy Mr. Chairperson, on behalf of the Government and Transpertation Committee, I move the acceptance of the foregoing report. GOVERNMENT & TRANSPORTATION COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Jensen the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Pernick the appointments be confirmed, AYES: R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge. Pernick, Price, Rewold, Skaeritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Jensen, Johnson. (25) NAYS: None. (0) A sufficient majority having voted therefor, the appointments were confirmed. Report • By Government & Transportation Committee IN RE: FILLING OF VACANCY - COUNTY COMMISSIONER DISTRICT #4 To the Oakland County Board of Commissioners Mr. Chairperson. Ladles and Gentlemen: The Government & Transportation Committee hereby reports with the recommendation that Donna R. Huntoen be appointed to fill the unexpired term (term ending December 31, 1990) created by the resignation of Anne M. Hobart in County Commissioner District #4. Further, the Government & Transportation Committee recommends that the full Board make that appointment effective January 4, 1990. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the acceptance of the foregoing report. GOVERNMENT & TRANSPORTATION COMMITTEE Commissioners Minutes Continued. January 4, 1990 7 Moved by Skarritt supported by Olsen the report be accepted. A sufficient majority havine voted therefor, the report was accepted. Discussion followed= Moved by Skarritt supported by Bishop the appointment of Donna R. Hunt000 be confirmed, * Mr. Pernick nominated Susan Payne Woodrow. Seconded by Mrs. Luxon. Moved by Price supported by McPherson the Board make the appointment until a special election can be held. Further, be it resolved that the County Clerk call a special meeting of the Election Scheduling Committee for the purpose of scheduling of a special election in District #4 (primary and General Election) for a term to expire December 31, 1990. Mr. Calandro requested the following excerpt from the. September 16, 1971 Board of Commissieners Meeting be made part of the minutes: - *Moved by Pernick supported by Olson that, pursuant to Section 12 of Act 261 of the Public Acts of 1966, as amended, James A. Coyon be appointed to fill the vacancy created by the resignation of Charles B. Edwards, Jr. from the Board of Commissioners, for the unexpired term of office, which term ends December 31, 1972." Vote on amendment by Mr. Price: AYES: Luxon, McCulloch, McPherson, Pappageoree. Pei-nick, Price, Aaron, Ferrens, Johnson. (9) NAYS: S. Kuhn, Law. McConnell, Olsen, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandra, Chester, Crake, Gosling, Jensen. R. Kuhn. (151 A sufficient majority not having voted therefor, the amendment failed. . Vote on the appointment of Commissioner to fill District 04 vacancy: Law - Huntoon Aaron - Woodrow . LUxan - Woodrow Bishop - Huntoon McConnell - Huntcon Caddell - Huntoon McCulloch - Huntoon Calandro - Huntoon • Wherson - Woodrow Chester - Huntoon • Olson - Huntoon Crake - Huntoon Pappageorge - Huntoon Ferrens - Boodrow Pernick . - Woodrow Gosling - Huntoon , Price . - Woodrow Jensen - Huntoon Rewold - Huntoon Johnson - Huntocn Skarritt - Huntoon . R. Kuhn - Huntocn Wolf - Huntoon S. Kuhn - Huotoon - The result of the vote was as follows: • Gonna R. Huntoon - 18 Susan Payne Woodrow - 6 donna R. Huntoon having received sufficient votes was declared elected County Commissioner, District #4 for term ending December 31, 1990. Misc. 90001 By James D. Ferrens and Ruel E. McPherson IR RE: (SUPPORT) USE OF THE DECAL TO HELP REDUCE VEHICLE THEFTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the theft of motor vehicles has been and remains a serious problem in Southeastern Michigan: and WHEREAS security devices such as wheel locks, secondary trunk locks, ignition cut-off, fuel cut-off, secondary hood locks and various alarm systems are helpful in deterring the inexperienced thief; and WHEREAS a relatively new program using a decal with a serial number affixed to the inside rear window of a vehicle to help deter thefts even by professionals was implemented two years ago by the police chiefe ef eight Macomb County municipalities; and WHEREAS this program is designated the Macomb Auto Theft Squad (MATS') and it involves affixing a decal, upon the owner's agreement, thus authorizing police -officers to make an Investigative stop of a decal-bearing vehicle between 1 a.m. and 5 a.m.: wed' WHEREAS this type of operation would be especially beneficral to senior citizens who 8 Commissioners Minutes Continued. January 4, 1990 seldom have occasion to drive between the hours of 1 a.m. and 5 a.m.; and WHEREAS the goals of the MATS program are (1) to help deter vehicle thefts (2) assist officers in identifying po5sible stolen vehicles and (3) aid in identifying and recovering abandoned vehicles. WOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the use of the decal to help reduce vehicle thefts and urges the Oakland County Sheriff's Department to seek a state and/or federal grant to fund such a program in Oakland County. Mr. Chairperson, we move the adoption of the foregoing resolution. James D. Ferrens, Commissioner District 17 Ruel E. McPherson, Commissioner District 19 The Chairperson referred the reSolution to the General Government Committee. There were no objections. . Clerk read letter from Chairperson Roy Rewold announcing the appointment of Donna Huntoon to the following Lake Boards; Cedar Island Lake, Pontiac Lake, Round Lake, White Lake and Lake Ona. There were no objections to the appointment, In accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. Lake Angelus - (Support) Road Commission 10-Year plan b. Michigan Assoc. of Counties - Children's Services Legislation Compromise c. Iron County - Urging Community Wide Action Against the Sale and Distribution of Hard Core Pornography and other Forms of Sexually Explicit Materials in the County of Iron d. Hillsdale County - (Oppose) 5-2, Michigan Service to Children PLANNING BUILDING . a. Oxford Twp, - Reimbursement of Costs for Local County Landfill Site Tests PUBLIC SERVICES a. Sheriff's Dept. - Automobile Theft Prevention Authority (ATPA) Award b. Prosecutor's - Automobile Theft Prevention Authority (ATPA) Award c. Hillsdale County - (Oppsoe) 5-2, Michigan Service to Children There were no objections to the referrals. The Chairperson announced the next meeting of the Board will be February 8, 1990 at 9:30 A.M. The Board adjourned at 7:57 P.M. LYNN D. AUER ROY REWOLD Clerk Chairperson OAKLAND COUNTY Board Of Commissioners MEETING February 8, 1990 Meeting called to order by Vice Chairperson Nancy McConnell at 9:40 A.M. in the Courthouse Auditorium, 1200 N. Telegraph, Pontiac, MI. Roll called. PRESENT: Aaron, Bishop, Caddell, Caleodro, Chester, Crake, Ferrens, Coaling, Huntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (27) ABSENT: None, (0) Quorum present. Invocation given by Commissioner Donna Huntoen. Pledge of Allegiaece te the elag. Moved by McCulloch supported by Gosling the minutes of the January 4, 1990 meeting be amended to slice/ Commissioners Gosling, McCulloch and Wolf present for the opening of the meeting, and the minutes be aepreviei with this correction. A sufficient majority having voted therefor, tee .motien carried. Moved by Olsen auppoeted by Crake the ruins he suspended end the agenda amended and approved with the followine Under FINANCE COHHITTEE, item J. (Solid Waste - Aperove Option to Purchase Additional Adreage Auburn Hills). Waive Rule XI - Procedure to bring matters to the Board. (Should have been Planning and Building Resolution). A sufficient majority having voted therefor, the motion to suspend the rules carried, and the agenda as amended, W36 approved. The Honorable Judge Steven Andrews presented tee "STATE OF THE COURT" eesseee. Drain Commissioner Geurge Kuhn addressed the Board regarding a new "Erosion Control Manual" the Drain Department has published for sale. Sue Mysliwiec of Highland Township and Mayor Wallace Holland of Pontiac addressed the Board. Vice Chairperson Nancy McConnell vacated the Chaie to Chairperson Roy Leueld. Misc. 90002 By Finance Committee IN RE: Institutional and Human Servicee/Commuelty mental Health - ARAB/CHALDEAN PROGRAM ENHANCEMENT ACCEPTANCE To the Oakland County Board of Colmiesioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS pursuant to Miscellaneous Resolution 89105 the Community Mental Health Board applied to the Michigan Department of Mental Health for 69 separate program enhaneemeet requests; 10 Commissioners Minutes Continued. February 8, 1990 and WHEREAS one of the requests was to enhance the current Arab/Chaldean Program at a cost of $100,000; and WHEREAS the Michigan Department of Mental Health has awarded te the Community Mental Health Board the Arab/Chaldean Program Enhancement in the amount of $111,111 (11% above application) of which $100,000 is State funded and $11,111 is County match; and WHEREAS this is a contracted program, no additional County personnel are required; and WHEREAS funds are available in the 1990 and 1991 Federal and State Pteject Match Accounts to cover the required County match; and WHEREAS acceptance of this program does not obligate the County to any future commitments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Arab/Chaldean Enhancement Program from the Michigan Department of Mental Health in the amount of $111,111. BE IT FURTHER RESOLVED that the 1990/1991 Biennial Budget be amended as follows: 1990 1991 Revenue 3-22200-166-01-00-2589 State Matching Payments $100,000 $100,000 ERMEI1 4-22200-166-46-00-3042 Client Services 4-10100-909-01-00-9908 Fed. /State Project Match lit. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolutien be adopted. AYES: Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pernick, Price, Rewold, Skarritt, Wolf. (24) NAM None. (0) A sufficient majority having voted therefor, the resolution was adopted. Mise. 90003 By Finance Committee IN RE: Computer Services Department - 1989 FOURTH QUARTER DATA PROCESSING DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioner& Mr. Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost Is incorporated as a single appropriation within the Computer Services Department Budget and then an amount equal to the actual expense is transferred to the user department on a quarterly basis with a summary report to the Finance Committee; and WHEREAS the Computer Services Department has determined the 1989 Fourth Quarter data processing development charges in the amount of $434,275 for the governmentally funded County departments; and WHEREAS the first three quarters of 1989 included an unnecessary $64,006 appropriation transfer for Public Works which can be returned to the 1989 Data Processing Development Budget, leaving a total Fourth Quarter Development transfer need of $370,269; and WHEREAS these development charges are for programs which are in conformance with the guidelines set forth by the Computer User Advisory Committee and the Computer Center master plan approved by the Finance Committee; and WHEREAS an appropriation transfer to governmentally funded County departments as needed to fund these development charges. NOW THEREFORE BE IT RESOLVED the Board of Commissioners has reviewed the 1989 Fourth Quarter Data Processing Development for user departments and finds $434,275 from the 1989 Data Processing Development budget and transfers said funds to the appropriate user departments consistent with the attached schedule. BE IT FURTHER RESOLVED that the $64,006 appropriated to Public Works (4-10100-141-01-00-6361) be returned to the Data Processing Development Budget. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Appropriation Transfer Schedule on file in County Clerk's Office. $111,111 $111,111 • (11,111) (11,111) $100,000 $100,000 $ -0- $ -0- CoMmissioners Minutes Contenued. February 8, 1990 11 - Moved by Caddell supported by Moffitt the resolution be adopted. AYES: Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, Manereon, Moffitt., Oaks, Olsen, Papageorge, Pernick, Price, Rewold, Skarritt, Wolf. (23) NAYS: None. (0) A sufficient majority heveng voted therefor, the resolution was adopted. Misc. 90004 By Finance Committee IN RE: Depertment of Management and Budget - POLICY FOR MAINTAINING PROPORTIONATE FUNDING FOR FEDERAL, STATE AND PRIVATE GRANTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS, on one band, Oakland County is indeed fortunate to be the beneficiary of a multitude of Federal, State and Private Grants to augment its broad array of public services; and WHEREAS, on the other hand, the categorical funding provided by these agencies is often used to entice local government to undertake programs they could not otherwidc afford, and once established withdraw or reduce feeding fer program contieeation with the expectation that the local jurisdiction will provide locally generated funds to maintain existing service levels; and WHEREAS the County's increasing budget stcingency will no longet permit the luxury of funding categorical program priorities established by external agencies. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commessionees hereby establishes a fiscal policy, to be Incorporated in the Fiscal Policies Manual, to maintain proportionate funding for Federal, State and Private Grants. BE IT FURTHER RESOLVEU that if the level of funding is reduced by the grantor agency, one of the tollowing actions will be taken: 1) A proportionate reduction in local maintenance of effort will be authorized thereby reducing the total budget; and service levels of the categorical program, unless 2) The County Department administratively responsible for the categorical program shall recommend a repriortization of funds within existing authorized resources to contieue the grant program at desired budget and service levels. Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE eOMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Pappageorge the resolution be adopted. AYES Chester, Crake, Fattens, Gosling, Buntoon, Jensen, Johnson, R. Kuhn, S. Kahn, law, Lumen, McCulIech, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewole, Skarritt, Wolf, Caddell. (23) NAYS: None. (0) A sufficient majority havine voted therefor, the resolution was adopted. Misc. 90005 By Finance Committee IN RE: Treasurer and Department of Management and Budget - A ReVIEW OF ACTUARIAL ASSUMPTIONS AND REQUEST AUTHORIZATION FOR RETIREhENT APPROPRIATION TeANSFFet AND ESTABLISHMENT OF RETIREMENT FRINGE BENEFIT RATES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS in 1987 the Coenty Board of Commissioeers by Miscellaneous Resolution #8729u established the Retirees' Hospitalization Benefit 'Fund (10545) as a mechanism to actuarilly fund the liability for vested future health care benefit payments; and WHEREAS the County has undertaken a systematic program to fund the increasing cost of providing medical benefits for current and former County employees, including imposition of a $136.00 annual charge to currently active employees, beginning in 1959; and WHEREAS the Coenty's Actuary, Gabriel, Roeder, Smith & Company, has determined that the equivalent cost ($136.00) of funding the accrued liability incureed for Retirees Hospitalization for all retirees as of December 31, 19e8 amounts to $1,080,9112 and further indicated that a surplus existed in the retired life reserve equal to $8.6 million, and WHEREAS the Retirement Commission, at its June 29, 1989 meeting, approved the transfer of $1,080,942 from the Retirement Reserve to ebe Pension Reserve to fund the Increased cost of providing medical benefits in lieu of a 21 improvement factor in annual pension payments; and WHEREAS the practical results of the Retirement Commission's action are to reduce the 12 • Commissioners Minutes Continued. February 8, 1990 required 1990 County contribution to the Retirement Fund for funding pension payments thereby freeing these. monies to be used to supplement funding for the increased costs of Retirees' Hespitelization Benefits; and . NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commiseioners authorized the following budget amendment to the Fringe Benefit Fund to enable a transfer of $1,080,942 to the Retirees' Hospitalization Benefit Fund (70545) for purposes of funding increased costs for retirees' medical benefits for all retirees as of December 31, 1988. From: 14---500-915-01-00 -2077) Retirement Contribution Account $(1,080,942) To TI=73500-915-01-00-2083) Retiree's Hospitalization Account $ 1,080.942 $ -0- Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Jensen the resolution be adopted. AYES: Crake, Fereens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Feppageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester. (25) NAYS; None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90006 By Finance Committee IN RE: Treasurer and Department of Management and Budget - FRINGE BENEFIT FUND BUDGET AMENDMENTS REFLECTING CHANGES IN ACTUARIAL ASSUMPTIONS AND METHODS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS the County's Employee Retirement Trust Fund is currently determined to be in an over-funded condition; and WHEREAS the County's Retirees' Hospitalization Trust Fund is currently determined to have a significant unfunded liability; and WHEREAS the County's Actuary, Gabriel Roeder, Smith and Company, was directed by the Retirement Commission to prepare several alternate actuarial valuations showing the effect of changes in the actuarial assumptions and methods used in computing system liabilities and related contributions; and WHEREAS upon review of the various alternates presented, the Retirement Commission at the December 5, 1989 meeting adopted the following Alternative Economic Assumptions; Present Alternative Interest 7.0% 7.5% Salary Base 5.5% 5-25% Spread 1.5% 2.25% Temporary Medical Inflation No Yes Funding Method Attained Age Entry Age WHEREAS the results of this action is to reduce the 3.990 County contribution to the Retirement Fund while increasing the County's contribution to the Retireee hospitalization Trust Fund to bring said fdnding in line with actuarial funding requirements. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the following Budget amendments to the Fringe Benefit Fund (73500) to reflect the changes in actuarial assumptions and methods adopted by the Retieement Commission: From: 77-3500 -915 -01 -00 -2077) To; -5 -73500 -915 -01 -00 -2063) 1990 1991 Retirement Couttibution Account $(3,307,243) $(3,672,163) Retirees' Hospitalization Account $ 3,307,243 $ 3,672,163 -0- -0- Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Law the resolution be adopted. Commissionere dinutes Continued. February b, 1590 13 AYES: Ferrens, Goaling, Huetocn, Jensen, Johnnon, R. Kuhn, S - Kuhn, Law, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skatritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake. (26) Nays: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90007 By Personnel Committee IN RE: Prosecuting Attorney - ACCEPTANCE OF THE 1990 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT To the Oakland County Board of Commissioners hr. Chairperson, Ladies and Geetlemen: The Personnel Committee, having reviewed the above titled Finance Committee resolutlon, :reports with the recommendation that the resolution be adopted, provided the following paragraph be added immediately after paragraph seven (7): BE IT FURTHER RESOLVED that Assistant Preaecutor III position 06387 be reclassified to Assistant Prosecutor IV, effective February 17, 1990." tir. Chairperson, on behalf of the eereonnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE John P. Calaedro, Chairperson Misc. 90007 By Finance Committee IN RE: Prosecuting Attorney - AeCEPTAeCE OF THE 1950 AUTOMeBILE Teen PeEVENTIOe AUTEGRITY GRANT To the Oakland County Board of Commissioners hr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Prosecuting Attorney applied for continued funding of the Automobile Theft Prevention Authority (ATFA) Grant for the period January 1, through December 31, 1990 in the amount of el73,791; and WHEREAS the ATPA has ewarded the County $155,140 or 89% of the applied amount as detailed in attached Schedule A; end WHEREAS thaegrant proposes to fund 100% of program expenses and no Ccunty match is required; and WHEREAS the award includes the upgrade of one (1) Assistant Prosecetor III position to Assistant Prosecutor IV, which will require the approval of the Personnel Committee; and WHEREAS the Office of Corporation Council has reviewed the agreement and appreved it as to legal sufficiency; and NOW THEREFORE BE 17 RESOLVED that the Oakland County Board of Commissioners accepts the Prosecuting attorney's 1990 Automobile Theft Prevention Grant Agreement in the amount of ;155,140. BE IT FURTHER REZOLYED that the Prosecuting Attorney's 1990 Automobile Theft Prevention Grant budget be amended as detailed in attached Schedule B. BE IT FURTHER RESOLVED that Assistant Prosecutor III position 06387 be reclassified to Assistant Prosecutor IV, effective February 17, 1990. BE IT FURTHER KeSOLVED that the Chairperson of the Board of Commissioners be and is hereby authorized to execute said agreement and to approve minor changes and agreement extensions not to exceed fifteen (15) percent variance which are consistent with the agreement as approved. BE IT FURTHER RESOLVED acceptance of this grant does not obligate the County to any future commiteent and continuation of positions is contingent upon continued funding. Mr. Chairperson, on behalf of the Finance Connrttee, I move the adoption of the foregoing resclution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Schedule B on file in County Clerk's Office. Moved by Caddell suppurted by Johnson the report, with amendment, be approved. A sufficient majority having voted therefor, the motion carried. Moved by Caddell supported by Johnson the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, eueon, NeCulloch, Moffitt, Oaks, Olsen, Pappageorgo, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. I • , 1 14 Commissioners Minutes Continued. February 8, 1990 Misc. 90008 By Finance Committee IN RE: Prosecuting Attorney 7 USE OF FORFEITED FUNDS 1 To the Oakland County Board of Comtiesioners Mr. Chairperson, Ladiee and Gentlemen: WHEREAS Section 333.7524 of 1978 Public Act 368 authorizes courts to distrebute property and funds forfeited through narcotic seizure toward the enhancement of law enforcement efforts I , relating to the Controlled Substances ACt; and WHEREAS the courts have distributed $23,438 tbalance as of 12/31/89) to the Ceunty as a result of the Prosecuting Attorney's forfeiture efforts; and e, WHEREAS the Oakland County Prosecuting Attorney has requested a portion of these funds be used for the purchase and operating cost of six (6) cellular telephones for the Investigation Division at an approximate. cost of $9,360 in 1990 and $5,760 in 1991. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Cemstesioners appropriates $15,120 from the Law Enforcement Enhancement account (91-10100-20J-054) and transfers same to the Prosecuting Attorney Department's budget, amending the 1990-1991 Budget as follows: I 1990 , 1991_ 3-10100-411-01-00-2340 Miscellaneous Revenue $9,360 $5,760 4-10100-411-01-00-6750 Telephone Communications 5,760 5,760 . 4-10100-411-01-00-8676 Operating Transfer Out - 3,600 f Communications Fund $ -0- $ -0- Mr. Chairperson, ob behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Bishop the resolution be adopted. AYES: Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law. Luxor:, McCulloch, Moffitt, Oaks, Careen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrene, Gosling. (25) NAYS: None. (0) A suffieieet majority having voted therefor, the resolution was adopted. Misc. 90009 , By Finance Committee IN RE: Economic Development - ACCEPTANCE OF THE 1989-1990 AREA DEVELOPMENT OFFICES GRANT To the Oakland County Board of Commissioners • Mr. Chairperson, Ladies and Gentlemen: WHEREAS a report was submitted to the Board of Commissioners for the Economic Development Group 1989/1990 Area Develepmene Office Grant application in the amount of $45,000; and WHEREAS the Michigan State Department of Commerce has approved an award of $45,000 to Oakland County for the period October 1, 1989 through September 30, 1990; and WHEREAS the pptal program as approved by the Michigan State Deparieent of Commerce is in the amount of $96,000 ($45,000 State Grant; $51,000 County Match), as shown lei Schedule A; and WHEREAS the -total grant award is for the same amount ($96,000) as awarded for the fiscal year 1988-1989, with the County matching at least 50Z of the State Grant as stated in the State's policy of grant procedures; and WHEREAS the 1990. Adopted Budget reflects a budgeted amount in the Area Development Office Grant for $113,150 in revenues and expenditures; end WHEREAS the grant agreement has been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the 1989/1990 Area Development Office Grant in the amount of 445,000 and the Chairperson of the Board of Commissioners be and is hereby authorized to execute the agreement. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to approve minor changes and conteact extension, net to exceed a fifteen (15) percent variance, which is consistent with the contract as approved. BE IT FURTHER RESOLVED that the 1990 Adopted Budget be amended as follows: Revenue 3-2734192-01-00-2185 Grant Revenue $(17,150) Expenses 4-27349-192-01-00-1001 Salaries $(11,617) 4-27349-192-01-00-2070 Fringes 4-27349-192-01-00-3409 Indirect Cost (5,183) $(17,150) $ -O- BE IT FURTHER RESOLVED that the future level of service shall be contingent upon the level (350) Commissioners Minutes Continued. February 8, 1990 15 of State funding available for this program. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. EISASCE COMMITTEE G. William Caddell, Chairperson Copy of Schedule A on file in County Clerk's Office. Moved by Caddell supported by McCulloch the resolution be adopted. AYES: Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, Oaks, Olsen, Pappageorgc, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Fecrens, Gosling, Huntoon. (23) NAYS: None. (0) A sufficient rsajority having voted therefor, the resolution was adopted. Misc. 90010 By Finance Committee 1N RE: Public Works Department/Water and Sewer Operations Division - ADDITION OF ONE (1) VEHICLE TO COUNTY FLEET To the Oakland County Board of Commissioners • Mr.- Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution V/39,3 of December 8, 1975 the Oakland County Board of Commissioners adopted a "County policy on assignment of County vehicles"; and WHEREAS the policy for additional vehicles requires the affirmative recommendation of the Finance Committee; and WHEREAS Section G of this policy also states that the Finance Committee shall recommend to the Board of Commissioners an appropriation sufficient to cover the acquisition cost plus monthly charges for the balance of the current year; and WHEREAS the Oakland County Public Works Departmeat, Water & Sewer Operations Division, bas made a request to lease one (1) additional vehicle (one ton truck) from the Oakland County Garage for a Sewage Treatment Plant Operator which was authorized by Miscellaneous Resolution #89I79; and WHEREAS the purchase cost of this vehicle and equipment is $15,540 and said amount is in the Contingency Account to cover the acquisition cost; and WHEREAS funds are available in the Water and Sewer Operations budget to cover the monthly . leasing charges; and WHEREAS the County Executive has approved the expansion of the County Car Fleet, NOW THEREFORE BE IT RESOLVED that the hoard of Commissioners authorizes an'expension of the County Car Fleet for the one (1) vehicle requested by the Public Works Department Water & Sewer Operations Division. BE IT FURTHER RESOLVED that $15,540 be transferred from the Contingency Account to the Water and Sewer Operations Division to cover the acquisition cost of the one (1) vehicle with equipment as follows: 4-10100-909-01-00-9900 Contingency $(15,50) . 4-10100-142-01-0D -8665 Water & Sewer Transfer to Motor Pool 13,840 4-10100-142-01-00-8675 Water & Sewer Transfer to Radio Fund 1,700 $ -0- Hr. Chairperson, on behalf of the Finance Cca.mittse, I move the adoption of the foregoing resolution. YISANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. AYES: Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, McPherson, Oaks, Olsen, Pappageorge, Perniuk, Price, Rcwold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90011 By Finance Committee IN RE: Department of Solid Waste - APPROVAL OF OPTION TO PURCHASE ADDITIONAL ACREAGE AT THE SOLID WASTE FACILITY SITE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHERIAS the County is involved in the development of a solid waste system; and F7 16 Commissioners Minutes Continued. February 8, 1990 WHEREAS the County intends to locate a Waste-to-Energy Facility (WIE) and Haearial Recycling Facility (MRF) in Auburn Hills eear Giddings and Brown Roads and has executed an option to purchase approximately 33 acres in accordance with Miscellaneous Resolution /89338; and ,WHEREAS with an additional 6.86 acres along the west edge of the optioned property, it may be poesibIe. to install electrical equipment on site to interconnect with the Detroit Edison Power linee thereby eliminating the need to interconnect at substation located approximately three miles away; and : WHEREAS this offers the potential of avoiding $4.75 million in costs to interconnect at the rempte.location which would be offset by $754,600 cost of this property for a savings of approximately $4 million; and . WHEREAS obtaining an option to purchase this additional property is prudent during the planning process for the WTE. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby directs Corporation Counsel to amend the existing option to include additional acreage for electrical interconnect equipment. . BE IT FURTHER RESOLVED that the price for the .additional acreage cennot exceed the Price established io the existing option and the cost for this option shall not exceed $7,000 which is authorized from the Department of Solid Waste Professional Services line item (4-10100-101-01-0D-312B) and shall be recovered from the sale of bonds for the solid waste system. BE IT FURTHER RESOLVED that the Oakland County Boaed of Commissioners hereby authorizes and directs the Chaitpersed of the Board of Commissioners and the County Exeautive to execute the attached option to purchase'. Mr. Chairperson, on behalf of the Finance Comnittee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson ". • Copy of "Addendum - Option to Purchase - on file in Ccunty Clerk's Office. Moved by Caddell supported by Crake the resolution be edopted. Discussion followed. Vote on on resolution: AYES; R, Kuhn, S. Kuhn, Luxon, McCulloch, Moffitt, Olsen, Pappageorge, Pernick, Price, , Reoold, Skarriette Wolf, Bishop, Caddell, Calandeo, Chester, Crake, Perrens, Gosling, Kuntoon, Jensen, Johnson. (22) ) NAYS: Law, McPherson, Oaks, Aaron. (4) A suffitient majority having voted therefor, the resolution was adopted. Report (Misc. 90012) By Personnel Committee , INRE: institutional and Human Services/Community Mental Health - CREATION OF ONE (1) PART-IIME/ NON-ELIGIBLE TRAINING LEADER - U POSITION FOR THE ADULT DAY PROGRAM To the Oakland County Board of Commissionets Mr. Chairperson, Ladies and Gentlemen: The Pereonnel Committee, having reviewed the above referenced resolution, reports with the kecomMdridatioe that the resolution be adopted. Chairpecson, on behalf of the Personnel Committee, I move the Acceptance of the foregoing report. PERSONNEL COMMITTEE John P. Calandra, Chairperson 90012 By General Government Committee IN RE: /nstitutiunal and Human Services/Community Mental Health - CREATION or ONE (1) PART-TIME/ NON-ELIGIBLE TRAINING LEADER - U POSITION FOR THE ADULT DAY PRCGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: .WHEREAS the Community Mental Health Adult Day Program provides training in fundamental living activities to 133 severly and multiply impaired individuals; and WHEREAS during employee absences, classroom responsibilities are assigned to a supervisor or a classroom of clients is reassigned to several other classrooms for training by remaining staff; and WHEREAS these alternatives for the Adult Day Program are inappropriate programmatically and would also place Community Mental Health's Medicaid reimbursement eligebibility in jeopardy; and WHEREAS the Community Mental Health Board requests one part-tine/non-eligible 1,000 hour Training Leader - U position be created to cover for additional employee absenteeism; and WHEREAS funding is available in the division's budget, and no additional County funding is Commissioners Minutes Continued. February 8, 1990 le • required. NOW THEREFORE BE. IT RESOLVED that the Cekland (eeete Beard of Cemele;;ieeees ;;,.:e Community Mental Healer' Board's request to create one (1) part-time/nen-eligible 1,000 hoer governmental Training Leader - U posteitea in the Adult Activities Unit of the Community Mental Health Division. BE IT FURTHER RESOLVED that future exietenee of this position will be contingent upon continuation of State funding at the same level. Mt. Chairperson, on behalf of the General Government Committee, I mcve the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson The Chairperson referred the resoluticn to the Finance Committee. There were no objections. Misc. 90013 By Planning and Building Committee IN RE: Drain Commissioner - CADDELL DRAIN REFUNDING BONDS - FULL FAITH AND CREDIT RESOLUTICN To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Caddell Drainage District previously has issued its Drain Bonds, dated May 1, 1985, in the principal amount of $3,475,000, and this Board of Commissioners, by Resolution No. 85064, adopted February 28, 1985, pledged the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the said Drain Bonds; and WHEREAS the Orainage Board for the Caddell Drain, by resolution adopted On December 12, 1989, authorized and provided for the issuance of refunding bonds in the aggregate principal amount of aot to exceed $3,500,000 to refund the aforesaid Drain Bonds maturing in the years 1993 through 2004; and WHEREAS the bonds are to be designated Refunding Bonds, are to be dated as of such date as the Drainage Board shall determine at the time of sale; shall be in such principal amount and mature on such dates as shall be determined by the Drainage Board at the time of sale; will bear interest at a rate or rates not exceeding 81 and will be subject to redemption prior to maturity in accordance with the provisions of the sale resolution; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County for the payment of the Refunding Bonds; and WHEREAS it is appropriate that the Refunding Bends be sold in order to achieve debt service savings for the City of Farmington Hills, the City of Farmington, the City of Novi and the County of Oakland. NOW THEREFORE BE IT RESOLVED: 1. That pursuant to the authorization provided in Section 474 of the Drain Code of 19 56, as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full faith and credit of the County ot Oakland for the prompt payment of the principal of and interest on the Caddell Drainage District Nefading Bonds and agrees that, in the event any public corporation assessed shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to 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 an 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. Mr. Chairperson, on behalf of the Planning and building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson The Chairperson referred the resolutiQn to the Finance Committee. There were no objections. Misc. 90014 By Planning and Betiding Commtetee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE TflE ISSUANCE OF OAKLAND COUNTY NORTH HURON VALLEY/ROUGE VALLEY WASTEWATER CONTROL SYSTEM (CITY OF NOVI) BONDS, SEGMENT 2 To the Oakland County Board of Commissioners Mr. Chairperson, Ladles and Gentlemen: WHEREAS the County ot Oakland (the "County") has acquired capacity in the Wayne County Rouge Valley Sewage Disposal System (the "Wayne System") existing facilities and in additions 18 Commissioners Minutes Continued. February 8, 1990 thereto to be constructed by Wayne County pursuant to the Wayne County - Oakland County Construction, Finance and Service Agreement dated as of February 1, 1988, as amended by the Amendment to Wayne County-Oakland County Construction, Finaace and Service Agreement dated as of November 1, 1988, and the Second Amendment to Wayne County-Oakland County Construction, Finance and Service Agreement dated as of August 1, 1989 (collectively, the "Agreement -); and WHEREAS this Board of Commissioners has established, under and pursuant to the provisions of Act 342, Public Acts of Michigan, 1939, as amended (Act 342), a system of sewage disposal facilities designated as the North Huron Valley/Rouge Valley Wastewater Control System - Oakland County and has approved the North Huron Valley/Rouge Valley Wastewater Control System - Oakland County Contract dated as of February 1, 1988, between the County, by aud through the County Drain Commissioner, and the City of Novi (the -City"), and revised Exhibits A and B thereto dated as of November 1, 1988 (collectively, the -Contract"); and WHEREAS the Contract provides for the issuance of bonds by the County to defray all or part of the cost of acquiring and constructing the North Huron Valley/Rouge Valley Wastewater Control System-Oakland County for the purpose of providJng additional capacity in the Wayne System for the City, said bonds to be secured by the coutractual obligation of the City to pay to the County amounts sufficient to pay the principal of and interest on the hereinafter authorized bonds and to pay such paying agent fees and other expenses as may be incurred on account of said bonds; and WHEREAS the County previously issued its North Huron Valley/Rouge Valley Wastewater Control System (City of Novi) Bonds dated as of March 1, 1989, in the principal amount of $8,200,000 to Pay part of the cost of acquiring and constructing segment 1 of the North Huron Valley/Rouge Valley Wastewater Control System-Oakland Cavity; and WHEREAS the County Drain Commissioner has submitted, and the City Council of the City has approved, revised cost estimates for segments 1, 2 and 3 of the North Huron Valley/Rouge Valley Wastewater Control System-Oakland County in the amounts of $8,323,000, $1,625,000 and $675,000, respectively, as set forth in Exhibit B (Second Revised) and Exhibits 8-1, 8-2 and 8-3 submitted to this Board of Commissioners. THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. APPROVAL OF REVISED COST ESTIMATES. The revised cost estimates submitted by the County Drain Commissioner for segments 1, 2 and 3 of the North Huron Valley/Rouge Valley Wastewater Control System-Oakland County in the amounts of $8,323,000, $1,625,000 and $675,000, respectively, are hereby approved. 2. AUTHORIZATION OF BONDS -- PURPOSE. Bonds of the County, aggregating the principal sum of One Million Six Hundred Twenty-Five Thousand Dollars($1,625,000) shall be issued and sold pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying the cost of acquiring and constructing segment 2 of the North Huron Valley/Rouge Valley Wastewater Control System-Oakland County as set forth in Exhibit 3-2 pursuant to the provisions of the Contract. 3. BOND DETAILS. The bonds shall be designated North Huron Valley/Rouge Valley Wastewater Control System (City of Novi) Bonds, Segment 2; shall be dated March 1, 1990; &Ian be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 12% per anoue to be determined upon the sale thereof payable on November 1, 1990, and semiannually thereafter on the first days of May and November in each year; and shall mature on may 1 in each year as follows:. 1991 $ 25,000 2000 $100,000 1992 25,000 2001 100,000 1993 50,00G 2002 100,300 1994 50,003 2003 125,a00 1595 50,003 2304 125,000 1996 50,000 2005 125,000 1997 50,000 2006 125,000 1998 75,000 2007 125,000 1999 75,000 200S 125,000 2009 125,000 • 4. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as hown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and playing agent to the registered owner at the registered address. 5. PRIOR REDEMPTION. Bonds maturing prior to May 1, 1996, shall not be subject to redemption prior to maturity. Bonds maturing on and after May 1, 1996, shall be subject to redemption prior to maturity upon the terms and conditions set forth in the form of bond Contained in Section 9 hereof. 6. BOND REGISTRAR AND PAYING AGENT. The County Drain Commissioner shall designate, and may enter into an agreement with, a bond registrar and paying agent for the bonds which hall be a 1991 $ 25,000 Commissioners Minutes Continued. February 8, 1950 19 bank or trust uunpany located in the State of Michigan whicn is qualified to aet in sech under the laws of the United States of America or the State of Michigan. The County Drain Commiesioeer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. . 7. EXECUTION, AUTHENTICATION AND DELIVERY OF BON'eS, The bonds shall be executed in the name of the .County by the facsinile signatures of the Chairman of the Board of Conmissioaers and the County Clerk and authenticated by the manual signatere of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original pucchaeer thereof, they shall be delivered by the County Drain Commissioner or the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsinile signatures of the Chairman of the Beard of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for aethenticatien and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. B. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written iostrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the serrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same race of interest as the surrendered bend. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on rhe bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest oe this bond is in default. The last date to which interest has been paid is The County and the bend registrar. and payieg agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bend shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all ocher purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 4 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the Cooney nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or incurred by it, acting in good faith and without negligence hereunder, in uo treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient Co reimburse it for any tax, tee or other governmental charge required to be paid with respect to such exchange or transfer, which sue or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have beer.: selected for redemption. 9. FORM OF BONDS. The bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE Of MICHIGAN COUNTY OF OAKLAND OAKLAND COUNTY NORTH HURON VALLEY/ ROUGE VALLEY WASTEWATER CONTROL SYSTEM (CITY OF NOVI) BONDS, SEGMENT 2 INTERE5I RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP March 1, 1990 Registered Owner Principal Amount The County of Oakland, State of Michigan, (the -County"), acknowledges itself indebted to, and for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the the Principal Amount sec forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, open presentation and surrender of this bond 20 CodMissinners Minutes Continued. February a, 1990 it in the city of , Michigan, the bond registrar and paying agent; and to pay to the Registered Owner, as ahown on the registration books at the .close of business on the 15th day of the calendar meth preceding the month in which an interest payment is due, by chtek or draft drawn upon and mailed by the bond registrac and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on Such Principal Amount from the Date of Originol Issue or such later date through which interest shell have been paid until the County's obligation with respect to the payment of such Principal Mount is discharged at the rate per annum specitied above. Interest is payable on the first days of May and NOveeber in each year, commencing on November 1, 1990. Principal and intereat are payable in lawful moneyof the (nited States of America. This bond is one of a series of bonds aggregating the principal sum of One Million Six Hundred Twenty-Fie Thuueand Dollars ($1,625,000) issued by the County under and pursuant to and in full conformity With the Constitution and Statutes of Michigan (especially Act Ne. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution') for the purpose of defraying the cost of acquiring and constructing segment 2 of the North Huron Valley/Rouge Valley Wastewater Control System-Oakland County. The bonds of this series are issued in aeticipation of payments to be made by the City of Newt in the aggregate principal amount of One Million Six Hundred Twenty-Five Thousand Dollars ($1,625,000) pursuant to a contract between the County and the City of Novi dated as of February 1, 1988, as amended pursuant to revised Exhibits A and B thereto dated as of November 1, 1998. The fell faith and credit of the City of Novi have been pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit of the County are hereby pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the City and the County to pay the principal of and interest on the bonds of this series are subject to coastitutional tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or hie attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the game interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefer as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall nca be required to transfer or exchange bonds or portions of bonds whieh have been selected for redemption. Bonds maturing prior to November 1, 1996, are net subject to redemption prior to maturity. Bonds maturing on and after May 1, 1996, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after May 1, 1995. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: 2% of the par value if called for redemption on or after hay 1, 1995, but prior to May 1, 1999; I% of the par value If called for redemption on or after May 1, 1999 but prior to May 1, 2006; No premium if called for redemption on or after May 1, 2006. Not less than chitty days' notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the regisered address. Bonds or portions of bowie called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and peeing agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the Issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of said County, including the series of bonds of which this bond is one, does not exceed any constitvtional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND (SEAL) By Comity Clerk Chairman, Board of Commissioners By: Commissioners Minutes Continued. February Et, 1990 21 CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Resolution. Bond Registrar and Paying Agent By; Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and appoint attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed - The signature must be guaranteed by a commercial bank, a trust company or a brokerage firm which is a member of a major stock exchange. 10. SECURITY. The bonds shall be issued in anticipation of payments to be made by the City pursuant to the Contract. The bonds shall be secured primarily by ths full faith and credit pledge made by the City in the contract with the County pursuant to the authentezation in Act 342. As additioaal and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal or and interest on the bonds as the same shall become due. If the City shall fail to make payments to the County which are sufficient to pay the principal of and interest on the bonds as the same shall become due, an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 11. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued ieterest received from the purchaser of the bonds at the time of delivery of the same. All payments received from the City pursuant to the Contract are pledged for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. 12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund and used to acquire and constrect segment 2 of the North Huron. Valley/Rouge Valley Wastewater Control System-Oakland County in accordance with the provisions of the Contract. If excess proceeds of the sale of the bonds are available after completion of said segment 2, such excess proceeds shall be used for the purpose Of defraying part of the cost of acquiring and constructing segment 3 of the North Huron Valleynoege Valley Wastewater Control System-Oakland County in accordance with the provisions of the Contract. 13. APPROVAL OF MICHIGAN DEPARTMENT OF TWSURY - EXCEPTION FRO PRIOR APPROVAL. The issuance and eile of the bonds shall be subject to permission being granted therefor by the Department of Treasury of the State of Michigan or an exception from prior approval being granted by the Department of Treasury and the County Drain Commissioner and the County Treasurer are each hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an Obligation with respect to the bonds and to pay, upon the filing of said notice, the Ming fee of $400. If an exception from prior approval is not granted the County Drain Commissioner or the County Treasurer shall make application to the Department of Treasury for permission to issue and sell the bonds as provided by the terms of this resolution and for approval of the form of Notice of Sale. 14. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner, after the receipt of bids for the construction of the North Huron Valley/Rouge Valley Wastewater Control System - Oakland County, shall determine that it is uot necessary to sell bonds in the principal amount of one million Six Hinv2red Twenty-Five Thousand Dollars ($1,625,000), he may by order reduce the principal amount of bonds to be sold to that amount deemed necessary. In the event the principal amount of the bond issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of bonds maturing in any one or more years as necessary. 15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain Commissioner is hereby authorized to prescribe the Ttorm of notice of sale for the bonds, to sell the bonds at not less than 98% of par plus aecrued interest in accordance with the laws of this state and to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this resolution. The County Drain Commissioner is hereby authorized to cause the preparation of an official statement for the bonds for purposes of compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to comply with the Rule. After the award of the bonds, the County will provide copies of a "final official 22 Commissioners Minutes Continued. February 8, 1990 statement (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders ers to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 16. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986; as amended, necessary to assure that the iuterest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Drain Commissioner and other appropriate County officials are authorized to do all things necessary (including the making of covenants of the County) to assure that the interest on the bends will be and will remain excludable from gross income for federal income tax purposes. 17. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Moved by Crake supported by Pappageorge the rules be suspended for immediate consideration of the resolution. AYES: S. Kuhn, Law, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageerge, Pernick,.Price, Rewold, SRarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hentoon, Jensen, Johnsen, R. Kuhn. (26) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carried. Moved by.Crake supported by Calandra the resolution be adopted. AYES! Law, Luxon, McCelloch, Whereon, Moffitt, Oaks, Olsen, Pappageorge, Price, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90015 By Planning and Building Committee IN Rt: Drain Commissioner - RESOLUTION TO APPROVE CITY OF ORCHARD LAKE VILLAGE SANITARY SEWAGE COLLECTION AND DISPOSAL SYSTEM CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS under and subject to the terms of Act 342, Public Acts of Michigan, 1939, as amended (Act "342") the County of Oakland (the "County") is authorized, through the Drain Commissioner as County Agency, to acquire and construct sanitary sewage collection and disposal facilities to be located it the City of Orchard Lake Village (the "City") and capacity in the Evergreen and Famington Sewage Disposal System to serve the city; the County and the City are authorized to enter into a contract for the acquisition and construction of the aforesaid facilities and capacity and for the financing of all or part of the cost thereof by the issuance of bonds by the County secured by the pledge of the full faith and credit of the City to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years; and the County is authorized to issue such bonds and to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS the City is in urgent need of such facilities and capacity to provide the means of collecting and disposing of sanitary sewage originating in the City, in order to abate pollution of the waters of the City and thus to promote the health and welfare of the tesidents thereof, which facilities and capacity likewise would benefit the County and its residents, and the perties hereto have concluded that such facilities and capacity can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, and especially Sections 5a, 5b and 5e thereof; lend WHEREAS the County and the City desire to proceed with the acquisition and construction of the facilities and capacity which are described and shown on Exhibits A and A-1 to the contract hereinafter set forth in full and which are hereinafter referred to as the "Project"; and WHEREAS the County Agency has obtained preliminary plans for the Project and estimates of $5,300,000 as the total cost of the Project and forty (40) years and upwards as the period of usefulness of the Project, all of which have been prepared by Hubbell, Roth S Clark, Inc., said estimates being set forth on Exhibit B to the contract hereinafter set forth in full; and WHEREAS in order to provide for the acquisition and construction of the Project by the County and the financing of the cost thereof by the issuance of County bonds, and for other related matters, it is necessary for the County and the City to enter into the contract; and PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Commissioners Minutes Continued. February 8, 1950 WHEREAS the elector of the City of Orchard Lake Village have approved the contract. THERLFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows; 1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of $9,300,000 as the cost Of the Project and the estimate of 40 years aid upwards as the period of usefulness thereof, as submitted to this Board of Cemmissioners, be and the same are approved and adopted. 2. APPROVAL OF CONTRACT. The City of Orchard Lake Village Sanitary Sewage Collection and Disposal System Contract, dated as of November 1, 1989, between the County, by and through the County Drain Commissioner, County Agency, parry of the first part, and the City, party of the second part, which Contract has been submitted to this Board of Commissioners, be and the same is approved and adopted, and the County Doein Coemissioner is authorized and directed to execute au d deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the .Contract has been executed by the appropriate officials of the City. Said Contract reads as follows: CITY OF ORCRAkD LAKE VILLAGE SANITARY SEWAGE COLLECTION AND DISPOSAL SYSTEM CONTRACT THIS CONTRACT, nade and entered into as of the lot day of November, 1989, by and between the COUNTY OF OAKLAND, a county corporation in the State cf Michigan (hereinafter vaaetimes referred to as the "County"), by and tnrough its Drain Commissioner, County Agency, party of the first part, and the CITY OF ORCHARD LAKE VILLAGE, a City located in the County (hereinafter sometimes referred to as the "City"), party of the second part. WITNESSETH WHEREAS the Oakland County Board of Supervisors by resolution, Masc. No. 3269, adopted • August 12, 1957, as amended by resolution, Misc. No. 343:i adopted October 13, 1953 1 approved the establishment of the Evergreen Sewaage Disposal Syetem (het-eau called the "Evergreen System") to serve the Evergreen Sewage Disposal District (herein called the "Evergreen District"), within which Evergreen District are included areas in each of the municipal corporations hereinafter named; and . WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the County and the Cities of Southfield, Birmingham, Bloomfield Hills, Lathrup Village and Troy, the Village of Westwood (now Village of Beverly Hills), and the Townships of Bloomfield ant] Pontiac (now City of Auburn Hills), municipal corporations in the County, the County acting through its Department of Public Works, acquired the original Evergreen System and financed such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said aereement as amended (herein referred to as the "Evergreen Agreement"); and WHEREAS the Oakland County Board of Supervisors, by resolution, Misc. No. 4115, adopted March _6, 1963, enlarged the Evergreen District to include all of the Village of Franklin and all of the Village of Bingham Fates within the area to be served by the Evergreen System; and WHEREAS the Oakland County Board of Supervisors, by resolution, Misc. No. 3270, adopted August 12, 1957, as amended by resolution, Mac. No. 3339, adopted January 24, 1958, approved the establishment of the Farmington Sewage Disposal System (herein called the "Farmington System") to serve the Farmington Sewage Disposal District (herein called the "Farmington District") within which Farmington District are included areas in each of the municipal corporations hereinafter named; and WHEZEAS pursuant to the Farmington Sewage Disposal System Agreement dated November 1, 1957, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the County and the Cities of Southfield and Keega Harbor and the Townships of West Bloomfield and Farmingtoa (now City of Farmington Hills), municipal corporations in said County of Oakland, the County acting through its Department of Public Works acquired the original Farmington System and financed such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said agreement as amended - (herein referred to as the "Farmington Agreement"); and WHEREAS by annexation of part of the former Teeeship of Farmington the City of earmingtoe has become a user of the Farmington System and has area included in the Farmington District; and WHEREAS by contractual relationships with members of the Farmington System, the City of Orchard Lake Village has become a user of the Farmington System; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by the Evergreen System and the Farmington System ae a single plan of study area for the purposes of Step I Facilities Planning and determined that there is a need to obtain studies, reports, plans and estimates for the abatement of pollution, control of pollutants and polluting discharges, and the relief of both the Evergreen System and the Farmington System; and WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended, a system of sewage disposal improvements and services to serve the area and the districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269, 3435 and 4115 as the Evergreen District and in Resolutions No. 32/0 and 3339 as the Farmington District, which system as so established was designated as the "Evergreen and Farmington Sewage Disposal System" (herein called the "System") and the Oakland County Drain Commissioner was deeignated and appointed as the "County Agency" for the System with all the powers and duties with respect to the System as are provided by law and especially by said Act 342; and WHEREAS under and subject to the terms of Act 342, the County is authorized, through the 23 24 Commissioners Minutes Continued. February 8, 1940 County Agency, to acquire and construct sanitary sewage collection and disposal facilities to be located in the City and capacity in the System to serve the City, the County, and the City are authorized to enter into a contract, as hereafter provided, for the acquisition and construction of the aforesaid facilities and capacity and for financing all or part of the cost thereof by the issuance of bonds by the County secured by the pledge of the full faith and credit of the City to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years, and the County is authorized to issue such bonds and, if authorized by majority vote of the members-elect of its Board of Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS the City Is in urgent need of such facilities and capacity to provide the means of collecting and disposing of sanitary sewage originating in the City, in order to abate pollution of the waters of the City and thus to promote the health and welfare of the residents thereof, which facilities and capacity likewise would benefit the County and its residents, and the parties hereto have concluded that such facilities and capacity can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, and especially Sections 5a, 5b and 5c thereof; and . WHEREAS the County and the City desire to proceed with the acquisition and construction of the facilities and capacity which are described and sheen on Exhibits A and A-1 hereto attached and are hereinafter referred to as the "Project"); and WHEREAS the County Agency has obtained preliminary plans for the Project and estimates of $9,300,000 as the total cost of the Project and forty (40) years and upwards as the period of usefulness of the Project, all of which have been prepared by Hubbell, Roth & Clark, Inc. (hereinafter sometimes referred to as the consulting engineers) and have been approved by the Board of Commissioners of the County and the City Council of the City and will be placed on file in the office of the County Agency, said estimates being set forth in Exhibit 13 hereunto attached; and WHEREAS in order to provide for the acquisition and construction of the Project by the County and the financing of the cost thereof by the issuance of County bonds, and for other related matters, it is necessary for the parties hereto to enter into this contract. THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The parties hereto do hereby approve and agree to the establishment, acquisition, construction and financing of the Project, as herein provided, under and pursuant to Act 342. The City, by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents and agrees to the location of portions of the Project within the corporate boundaries of the City and to the use by the County of its streets, highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the Project and any improvements, enlargements or extensions thereof, and the City further agrees that, in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver to the County such grants of easement, right-of-way, license, permit or consent as may be requested by the County. 2. The Project shall consist of (1) the sanitary sewage collection and disposal facilities located in the City described on Exhibit A-1 which is hereunto attached and which is hereby made a part hereof, and as are more particularly set forth in the preliminary plans which have been prepared and submitted by the consulting engineers, which plans are on file with the County Agency and are approved and adepted (the "City System -) and (2) the capacity in the System described on Exhibits A and A-1 (the "Evergreen-Farmington Capacity"). The City System shall be acquired and constructed substantially in accordance with the said preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the consulting engineers, but variations therefrom which do not materially change the location, capacity or overall design of the City System, and which du not require an increase in the total estimated cost of the Project, may be permitted on the authority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the City Couacil of the City and if provisions required by Paragraph 8 hereof are made for payment or financing of any resulting increase in the total estimated cost. The Evergreen-Farmington Capacity shall be acquired and constructed in accordance with the provisions of this agreement and other agreements among the County, the City and other public corporations. The estimate of cost of the Project and the estimate of period of usefulness thereof as set forth in Exhibit B are approved and adopted. 3. The County Agency shall take or cause to be taken all actions required or necessary, in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more series, In whatever aggregate principal amount is necessary to be 80 financed to defray that part of the total cost to the County of the Project which is in excess of funds available from other sources. Such bonds shall be issued in anticipation of, and be payable primarily from, the payments to be made by the City to the county as provided in this contract, and shall be secured secondarily, if so voted by the Board of Commissioners of the County, by the pledge of the full faith and credit of the County, and the said bonds shall be payable in annual maturities the last of which shall be not more than forty (40) years from the date thereof. 4. The County Agency shall proceed to take Construction bids for the Project and, subject to the sale and delivery of said bonds, enter into construction contracts with the lowest responsible bidder or bidders, procure from the contractors all necessary and proper bonds, cause the Project to be constructed within a reasonable time, and do all other things required by this contract and the laws of the State of Michigan. All certificates for requited -payments to Couimissioners Minutes Continued. February 8, 1990 25 • contractues hall be approved by the consulting engineers before presentation to the County Agency and the latter shall be entitled to rely on such approval in making payment • The County agrees that it will secure and maintain, or cause to be secured end maintained, during the period of constructiou adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies and memoranda of insurance shall peovide that the County and the City shall be insured parties thereunder and shall contain a provision requiring that the City be notified at least ten days prior to caneelletion thcreek. env copy of each policy and memorandum of insurance shall be filed with the City. 5. It is understood and agreed by the parties hereto that the Project is to serve the City and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the City. It is the responsibility of the City to require eouneetion to and use of the facilities of the Project and to provide such additional facilities as may be needed, and the City shall cause to be constructed and meintained, directly or through the County, ane such necessary additional facilities. The County shall not be obligated hereunder to acquire or construct any facilities other than those designated in paragraph 2 hereof. 6. The city shall pay to the County the total cost of the Project, less such funds as eay become available from other scurces. The total cost for this purpose shall include, in addition to the items of the nature set forth in Exhibit B (represented by the principal amount of tha bonds to be issued by the county), all interest payable by the County on said bonds and all paying agent fees and other expenses and charges (ineludine the County Agency's administrative expenses) which are payable on account of said bones (such fees, expenses and charges being herein called "bond service charges"). Such payments shall be made to the County in annual or semiannual installments which shall be due and payable at least thirty days prior to the day of the moath spectfied in the County bonds as the annual principal maturity date thereof or semiannual interest date. Such installments shall be so paid in each year that any principal or non-capitalized interest on said bonds falls due during the twelve-month period beginning on such principal maturity date in said year, and the ardount of each installment so due and payable shell be at least seffecient to pay all'sueh principal and eaterest thus fallina due and all bond service charges then due and payable. The County Agency, within thirty days after delivery cf the County bonds to the purchaser, shall furnish the City Treasurer with a complete schedule of the principal and interest eaturities thereon, an the County Agency, at least thirty days before each Payment is due to be nade by the City, also shall advise the City Treasurer of the amount eayable to the County on such date. If the City fails to make any payment to the County when dus t the same shall be subject to a penalty of 1% thereof for eeeh month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse the City from the . obligation to make payment when due. Such payments shall be made by the City weea due whethet or not the Project then has been comeleted or placed in operation. In the event that additional County bonds shall be issued under the authority of this contract to defray a part of the cost of the Project, the foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. 7. The City may pay en advance any amount payable to the County pursuant to this contract and in that event shall be credited therefor on future-due amounts as may be agreed by the parties hereto. The City also may pay in advance any one or mere installments or any part thereof (a) by - surrendering to the county any of eaid County bonds of like peincipal amount of (b) by paying to the County in cash the principal amount of any County bonds which are subject to redemption prior to maturity, plus all interest thereon to the first data epon which such bonds may be celled for redemption, and plus all applicable call premiums and bond service charges, and in such event the County Agency shall call said bonds for redemption at the eHrliest possible date; provided, however, that such advance cash payment and credit thereeor shall be limited in amount at any given time to the amount of bonds available for redemption by call within the twelve-mouth period succeeding the date of the advance cash payments. The installments or parts thereof so prepaid shall be deemed to be the installments or pacts thereof falling due in the same calendar year as the maturity dates of the bonds surrendered or called for redemption and bonds so surrendered or redeemed shall be cancelled. 8. In the event that it shall become necessary to increase the estimated cost of the Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or changes permitted or needed to be made in the approved plans or otherwise, theu (without execution of any further contract or amendment of this contract) the City Council, by resolution adopted within fifteen days after the receipt of construction bids, may direct that a portion of the City System not yet acquired or constructed and not under contract to be acquired or constructed be deleted sufficient to reduce the total cost to an amount which shall not exceed the total 'estimated cost of the Project by more than 5%; provided that such deletion shall not change the general scope, overall design, and purpose of the City System. In the adoption of such a resolution the City shall pay or procure the payment of the increase or excess up to said 5Z in cash or shall agree that County bends in an increased or additional amount shall (upon adoption of an authorizing resolution therefor by the Board of Commissioners) be issued to defray such increased or excess Cost, to the extent that tunes therefor are not available from other sources. Where the effect of nny Increase in the estimated cost of the Project or of any eaceas of actual cost over estimated cost would be to cause the total cost cf. the Project to exceed by more than 5% its total estimetee cost as hereinbefore stated, the County shall not enter .ato any new or 26 Commissioners Minutes Continued. February 8, 19R0 further contract or change order for acquisition or construction of the Project or any part thereof or incur any new or further obligation for or pay any new or further item of cost thereof until the City Council shall have adopted a resolutive approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be paid or its payment procured by the City in cash or be defrayed by the issuance of increased or additional County bonds in anticipation of increased or additional payments agreed to be made by the City to the County in the manner hereinbefore provided; provided, further, that the adoption of such tesolution by the City Council shall not be required prior to or as a condition precedent to the issuance of additional bonds by the County, if the County has previously issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of the additional bonds is neceosary (as determined by the County) to pay such increased, additional or excess costs as are essential to completion of the Project according to the plans as last approved prior to the time when the previous bonds were issued or contracted to be sold. 9. If the actual Cost of the Project is less than the total estimated cost, any surplus available to the County from the sale of County bonds, at the option of the City Council, shall be used to improve, enlarge or extend the Project, to apply upon future payments due to the County, to redeem bonds maturing or callable for payment within one year, or to purchase bonds of any maturity on the- open morket, provided that such surplus shall be used to improve, enlarge or extend the Project only if authorized by the aoard of Commissioners. Any such surplus to be used for the purpose of improving, enlarging or extending the Project may be supplemented by cash payments to be made by the City or by the proceeds of additional County bonds, or such improvements, enlargements or extensions may be financed entirely from such cash payments, if authorized by the City Council. If any such surplus is used to redeem or purchase bonds, the same shall be cancelled, and the payments thereafter required to be made by the City to the County shall be reduced so as to reflect the resulting saving of interest and the payment required to be made by the City in the calendar year of the stated msturity of eaid bonds shall be reduced by the principal amount thereof. 10. Should the City fail lot any reason to pay the County at the times specified the amounts herein required to be paid, the City hereby acethceizee the State Treasurer or other official charged with the disbursement of unrestricted state funds returnable to the City pursuant to the Michigan constitution to withhold sufficient funds to make up any default or deficiency in funds. If the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds to be issued by the County and if the County is required to advance any money by reason of such pledge on account of the delinquency of the City, the County Treasurer is authorized hereby to notify the State Treasurer to deduct the amount of money so advanced by the County from any unzestricted moneys in the State Treasurer's possession belonging to the City and to pay such amount to the County. The foregoing shall not operate to limit the County's right to pursue any other legal remedies for the reimbursement of moneys advanced on account of the default of the City. U. The City, pursuant to the authorleatioo of Section 5a of Ace No. 342, hereby pledges its full faith and credit for the prompt and timely payment of its obligations expressed in this contract and shall each year levy a tax in an amount which, taking into coneideratioa estimated delinquencies in tax collections, will bu sufficient to pay its obligations under this contract becoming due before the time of the following year's tax collections; provided, however, that if at the time of making its annual tax levy, the City shall have on hand cash or other fends which have been set aside and pledged or are budgeted or otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection, then the annual tax levy may be reduced by such amount. Taxes levied by the City shall be without limitation as to rate or amount. The City Council each year, at least 90 days prior to the final date provided by law for the making of the annual tax levy, shall submit to the County Agency a written statement setting forth the amount of it obligations to the County which become due and payable under this contract prior to the time of the next following year's tax collections, the amount of the funds which the City has or will have on hand or to its credit in the hands of the County which have been or will be set aside and pledged for payment of said obligations to the County, and the amount of the City taxes next proposed to be levied for the purpose of raising money to meet such obligations. The County Agency shall review such statement promptly and, if he finds that the proposed tax levy is inaufficient, he shall so notify the City Council, and the City hereby covenants and agrees that it thereupon will increase its levy to such extent as may be required by the County Agency. 12. No change in the jurisdiction over any territory in the City shall inpair in any tamer the obligations of this contract or affect the obligations of the City hereunder. In the event that all or any part of the territory of the City is incorporated as a new city or village or is annexed to or beeomes a part of the territory of another municipality, the municipality into which such territory is incorporated or to which such territory is annexed shall assume the proper proportionate share of the contractual obligations (including the pledge of full faith and credit) of the City, which proper proportionate share shall be fixed and determined by the County Agency and shall be binding upon all parties concerned unless, within sixty (60) days after such incorporation or annexation becomes effective, the governing body of the municipality into which such territory is incorporated or to which such territory is annexed and the City Council of the City, by mutual agreement and with the written approval of the County Agency, shall fix and determine such proper proportionate share. The County Agency, prior to making such determinatton, shall receive a written Commissioners Minutes Continued. February 8, 1990 recoemendation as to the proper proportionate share from a committee composed of one representative designated by the City Councel of the City, one designated by the governing body of the new municipality or the municipality annexing such territory and one independent registered engineer appointed by the County Agency. Each governmental unit shal1 appoint its representative within fifteen (15) days after being notified to do so by the County Agency and within a like time the County Agency shall appoint the engineer third member. if any such representative (other than the appointee of the County Agency) is not appointed within the time above provided, then the County Agency may proceed without said recommendation. If the committee shall not make the recommendation within forty—five (45) days after its appointment or within any extension thereof by the County Agency, then the County Agency may proceed without such recommendation. 13. This contract is Contingent upon the County issuing its negotiable bowls as herein provided, to defray such part of the total estimated cost of the Project as is necessary to be financed, which bonds shall be issued under the authorization provided in Section 5a, 5b and Sc of said Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period not exceeding the estimated construction period and one year thereafter. In the event tht the bonds are not issued within five years from the date of this contract, it shall become null and void unless extended by mutual agreement, except that the City shall pay all engineering, legal and other .costs and expeaees theretofore incurred hereunder and shall be entitled to all piano, epecificatione and other engineering data and materials. 14. Upon completion of the City System it shall be operated and moeatained in accordance with a supplemental agreement between the City and the County. The operation and maintenance of the System shall continue as provided in the Evergreen Agreement, the Farmington Agreement, and any supplements or amendments thereto, with costs thereof billed, collected and paid as at present. If a grant, advance or payment becomes available from the state or federal government or any other source, the City hereby agrees to adopt such resolutions or ordinances as may be required by state or federal laws, regulattens or orders to make the County and the Project and the System eligible to accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment require a local contribution, the City hereby agrees to raise and make such local contribution. 15. The County shall have no obligation or responsibility for providing facilitiee except as herein expressly provided with respect to the acquisition of the Project or as otherwise provided by contract. The City shall have the authority and the responsibility to provide such other facilities and shall have the right to expend the facilities of the City System by constructing or extending sewers or related facilities, cenneeting the same to the Project, and otherwise improving the Project. It is expressly agreed, nevertheless, that no such connection shall be made to the Project and no improvements, enlargements or extensions thereof shall be made without first securing a permit therefor from the County Agency. Any such permit may be made conditional upon inspection and approval of new construction by the County Agency. It is further agreed that the City System shall be used for collection and conveyance of sanitary sewage only and that the City shall take all necessary action to prevent entry into the City System of scorn waters and also to prevent entry of sewage or wastes of such a character as to be injurious to the City System or the System or to the public health and safety. 16. All powers, duties and functions vested by this contract in the County shall be exercised and performed by the County Agency for and on behalf of the County, unless otherwise provided by law or in this contract. The County Agency shall prepare, with the aid of its consultants, such covenants, representations and warranties and have adopted by officials of the County and of the City such procedures for construction, accounting, payment and operating as are neeeSsary to comply with the requirements of state and federal law in order to create and maintain the obligations of the City and of the County under this contract and with respect to the bonds as valid and binding obligations and in order to assure that the interest on the bonds is excludable Iron gross income for federal income tax purposes. Such covenants, representations and warranties and such procedures shall be evidenced by and set forth in certificates or resolutions prepered for the County eeeney which the City and the County agree to approve, execute and adopt at or prior to iesuance and delivery of any bonds. 17. The parties hereto recognize that the holders from time to time of the bonds to be issued by the County under the provisions of Act 342, and secured by the full faith and credit pledge of the City to the making of the payments as set forth it this contract, will have contractual rights in this contract, and it is therefore covenanted and agreed that so long as any of said bonds shall remain outstanding and unpaid, the provisions of this contract shall not be subject to any alteration or revision which would in any manner adversely affect either the security of the bonds or the prompt payment of principal or interest thereon. The right to make changes in this contract, by amendment, supplement contract or otherwise, is nevertheless reserved insofar as the same do not have such adverse effect. The parties hereto further covenant and agree that they each will comply with their respective duties and obligations under the tares of this contract promptly, at the times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the contract of said bonds, the security therefor, or the prompt payment of principal and interest thereon. It is hereby declared that the terms of this contract and of any amendatory or supplemental contract and any contract entered into pursuant hereto, insofar as they pertain to said bonds or to the payment or the security thereof, shall be deemed to be for the benefit of the holders of said bonds. 27 28 Commissioners Minutes Continued. February 8, 1990 18. In the event that any one or more of the provisions of this contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability ehall not affect any other provisions hereof, but this contract shall be construed a$ if such invalid, illegal or unenforceable provision has never been contained herein. 19. This contract shall become effective upon its execution by each patty hereto and its approval by the vote of a majority of the electors of the City qualified to vote and voting thereon at a general dr special election. This contract shall terminate forty (40) years fries the date hereof or on such earlier date as shall be mutually agreed; provided, however, that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all bond service charges pertaining to said bonds. This contract may be executed in several counterparts. The provisions of this noatraet shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by the undersigned, being duly authorized by the respective governing bodies of such parties, all as of the day and year first above written. CITY OP ORCHARD LAKE By: Mayor By: • City Clerk 3. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc.90016 By Planning and Building Committee IN RE: PARKS AND RECREATION MILLAGE, 1992 - 2001 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the one-quarter voted millage for the Oakland County Parke and Recreation areas in Oakland County will expire after the year 1991; and WHEREAS the Oakland County Parks and Recreation Commission has requested the question to be placed on the ballot at the August 7, 1990 Primary Election for the continuation of the one-quarter (I/4) mill for an adeitional ten (10) years for the purpose of improving and/or constructing suitable .parks and recreation facilities; and WHEREAS your Committee concurs in said request; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, State of Michigan as follows: That there shall be submitted to the Electors of the County of Oakland at the Primary August Election to be held on the 7th day of August, 1990 from 7;00 o'clock a.m. to 8:00 o'clock p.m., Eastern Daylight Time, the following proposition: "Shall the constitutional tax limitation on the total amount of general ad valorem taxes which may be imposed each year for all purposes upon real And tangible personal property in Oakland County, Michigan, be increased as provided in Section 6. Article IX of the Constitution of Michigan for a period of ten (10) years from 1992 to 2001 both inclusive, by one-quarter (114) mill, twenty-five (25c) cents per One Thousand (e1,000) Dollars of the assessed valuation as finally equalized for the purpose of acquiring, developing, operating and maintaining parks and recreation areas in Oakland County, Michigan (such increase being a renewal of the . one-quarter (1/4) mill increase which expires in 1991)?" . That each City and Township Clerk shall give notice of the submission of the aforesaid propesitioe by including same in the election notice for the said Primary August Election, which notice shall contain the statement of the Oakland County treasurer as to previously voted tax limitation increases affecting property within the County of Oakland, Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Moved by Crake supported by S. Rube the resolution be adopted. COUNTY OF OAKLAND By: County Drain Commissioner (County Agency) e Commissioners Minutes Continued. February B. 1990 29 AYES: Luxon, McCulloch, Mahersoe, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Uolf, Aaron, Bishop, Caddell, Calandra, Ceester, Crake, Ferrens, COaling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law. (26) NAYS; None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90017 By Planning and Building Commettee IN RE: Corporation Counsel - Real Estate Section - ADDENDUM TO LEASE - 52nd/2 DIVISION DISTRICT COURT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the control unit for the 2nd Division of the 52nd District Court; and WKEREAS the Court no eceupies 5,900 sqeare feet in premises located in Clarkston pursuant to a Lease dated August 22, 1985; and WHEREAS the Court has requested an expansion of its existing premises to include an additional 840 square feet, which area is adjacent to its existing space; ond -WHEREAS the proposed expansion is necessary to accommodate the increase in filing of active open tickets and cases, one (1) additional Lektreiver filing system, and a Magistrate/Visiting Judge hearing euomi and WHEREAS the increased cost for the additional space of $15,600 pee yeae is within the District Court's 1990-3991 Budget; and WHEREAS the County Executive recommends the expansion of the 52/2 District Court for the 840 square feet as requested by the Court. NOW THEREFORE BE IT RESOLVED that the Oakland County eoard of Commissioners approves the request for expansion of facilities of the 2nd Division of the 52nd District Court to lease an additional 840 square feet of space, which area is adjaeent to its existing leased premises. BE IT FURTHER RESOLVED that the Board directs its Chairperson to execute the Addendum to Lease. Mr. Chairperson, an behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson The Ghalepereon referred the resolution to the Finance Committee. There were no objections. Mr. Crake requested that Resolution #89325 (Use of Recycled Products by County Departments) be referred back to the Planning and Building Committee. There were no objections. Misc. 90018 By Commissioner Richard G. Skarritt IN RE: LAKE NAME CHANGE - CHASE LAKE, ROSE TOWNSHIP To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS among the many beautiful lakes of Rose Township, Chase Lake, named for the Chase family, has suffered an inadvereant name change to Cheese Lake; and WHEREAS by Resolution of Rose Township, the Township Board has requested that the Oakland County Board of Commissioners take action to officially register the name Chaee Lake with the Michigan Department of Natural Resuurces and to request that the U. S. Board of Geographic Names officially restore the lake to Chase Lake. NOW THEREFORE BE IT RESOLVED that the name of Chase Lake be restored for the lake located in the Southwest part of Sec. 21 and Northwest part of Sec. 28, Rose Township, Oakland County, Michigan, and that all future maps, reports and documents which may be published by the County of Oakland, State of Michigan, and the United States Government shall designate that Chase Lake is the officially adopted name. BE IT FURTHER RESOLVED that the County Clerk forward a certified copy of this resolution tngether yeth a map showing the particular geographic feature affected to the Geological Survey Division of the Department of Natural Resources, and to the U. S. Board of Geographic Names. Mr. Chairperson, 1 move the adoption of the foregoing resolution. Richard C. Skarritt, Commissioner Dist. #2 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. 30 Commissioners Minutes Continued. February 8, 1990 Misc. 90019 By Commissioner James D. Ferrens IN RE: COURTHOUSE SECURITY SURVEY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS there has been preliminary discussion of the safety and security ramifications within the Oakland County Courthouse expansion program; and WHEREAS the Courthouse reuovation plans must contain security measures which will safeguard and potent the citizens, emploeees and elected officials; and WHEREAS the present building safety concerns need to be examined and temporary measures taken to minimize security risks while the renovation plans proceed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby request that the Department of Facilities Engineering survey the seeueiey nettle of the Courthouse tower, located at 1200 N. Telegraph Road, Pontiac, Michigan and report its findings to the Planning and Building Committee; and BE IT FURTHER RESOLVED that the Division of Facilities Engineering develop an effective security system for said Courthouse. Mr. Chairperson, I move adoption of the foregoing resolution. James D. Ferrens, Commissioner Gist. 8 Lawrence R. Pernick, Ruel E. McPherson A. Madeline Luxon, Hubert Price, Jr., Lillian Jaffe Oaks, Deunis M. Aaron The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. Misc. 90020 By Commissioner Marilynn E. Gosling IN RE: DONN L. WOLF - MAC DIRECTOR, REOION IV To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS for over two decades the County of Oakland has been represented on the Michigan Association of Counties Board of Directors by its Comoissienees Delos Hamlin, Richard Wilcox, Joseph Montante, M.D., and Roy liewold; and WHeREAS Roy Rewold's term as a Board member will conclude in August, of 1990; and WHEREAS it is in the best interest of Oakland County and that of MAC Region IV that Oakland County continue to provide leadership and active participation in the Association; and WHEREAS Commissioner Doan L. Wolf has agreed to accept the responsibilities and challenges of the MAC Director post. NOW THEREFORE BE IT RESOLVED that the Oakland County eoacd of Commissioners does hereby recommend and endorse Commissioner Donn L. Wolf for MAC Director-Region IV and does hereby pledee its assistance and support of his candidacy as being in the best interest of Oakland County. • 'Mr. Chairperson, I move the adoption of the foregoing resolution. Marilynn E. Gosling, Commissioner Dist. #14 (also signed by all members of the Board) Moved by Gosling supported by Crake the rules be suspended for immediate consideration of the resolution. A sufficient majority having voted therefor, the mction carried. Moved by Gosling supported by Johnson the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Mee- 90021 By Commissioners Lillian Jaffe Oaks and Mark W. Chester IN RE: OPEN HOUSING CENTER FOR OAKLAND COUNTY WHEREAS Cultural, ethnic, religions and racial pluralism is a positive and appropriate model for neighborhoods and communities throughout the United States; and WHEREAS efforts to promote and encourage greater appreciation for those communities which reflect such pluralism warrant both public and private support, and WHEREAS Cities, Villages and towns must continue to take affirmative steps to encourage people from all races, religions and ethnic backgrounds to live in their cities and avail themselves of the choice of where they wish to live and utilize the services and amenities offered. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the concept of the Oakland County Center for Open Housing to build Community understanding and support foe fair and open housing and to achieve a stable and intergrated housing process in Oakland County, and urges other communities within Oakland County to adopt resolutions of support for the Oakland County Center for Open Housing. Commissioners dinutes Continued. February 8, 1990 31 Mr. Chairperson, I move the adoption of the foregoing reeolutien. Lillian Jaffe Oaks, Commissioner Dist. 21 Mark W. Chester, Commissioner Dist. 10 The Chairperson refereed the resolution to the General Government Committee. There were no objections. Misc. 90022 By Commissioner Dennis M. Aaron IN RE: Sheriff's Department - COST CONTROL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff's Department budget is a large and growing portion of the County Budget; and WHEREAS new nanagement teceniques may provide improved services at reduced costs. NOW THEREFORE BE IT RESOLVED that tha Public Services Committee study the operations of the County Sheriff with a goal of incorporating improved management coUtrols and reduction in operating costs. Mr. Chairperson, I move the ndopteon of the foregoing resolution. Dennis M. Aaron, Commissioeee Dist. 19 The Chairperson referred the resolution to the Public Services Committee. There Were no objections. Misc. 90023 By Ccmmissioner Ruel E. McPherson IN RE: (SUPPORT) PENALTY INCREASE FOR A MOTOR VEHICLE OPERATOR FLEEING POLICE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a driver of a motor vehicle who attempts to flee or elude a law enforcement officer after being directed to stop is guilty of a misdemeanor; and WHEREAS under existing law the punishment fee this misdemeanor is ieeptisenment .for not less than 30 days nor more than one year, a tine of not more than ;1,000 and payment of proeecution costs if the court so orders; and WHEREAS since ignoring a law enforcement officer's signal to stop can result in a life-threatening "hot pursuit" at high speeds, it seems that stricter penalties are needed to induce greater deterrence from this vio7eetiou. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commisisoners supports amendments to Section 479 a. of Act No. 328 of the Public Acts of 1931, as emended, to: (I) imprisonment for from 60 days to one year (2) a fine of up to $2.000, and (3) surrender of the motor vehicle if the court so oeders. BE IT FURTHER RESOLVED that copies of this resolution be sent to all State Legislators from Oakland County and to the Legislative Agent. Mr. Chairperson, I move the adoption of the faregoing resolution. Rue]. F. McPherson, Commissioner Dist. 9 John C. Pappageurge, Donna R. Huntoon Hubert Price, Jr., A. Madeline Luxon, Lillian Jaffe Oaks, James Ferrens, John E. Olsen, Thomas A Law The Chairperson referred the resolution to the Public Services Committee. There were no objections. Misc. 90024 By Commissioner Ruel E. McPherson IN RE: BUDGET AMENDMENT - COUNTY CLERK - SATELLITE OPERATION To the Oakland County Board of CommissiQuers Mr. Chairperson Ladies and Gentlemen: WHEREAS the citizens of southern Oakland County have long appreciated the convenience of the County Treasurer's Satellite operation; and WHEREAS a substantial number of transactions derive from citizens and businesses in South Oakland County; and WHEREAS today's electronic, telecommunications and other hi-tech means allow most services to be provided through a satellite oftice. NOW THEREFORE BE IT RESOLVED that the 1990 Budget and General Appropriations Act be amended by appropriating $90,000 for the operating expenses necessary to establish a branch of the County Clerk in the Satellite Office of the County Treasurer. 12 Commissioners Minutes Continued. February 8, 1990 Mr. Chairperson, I move the adoption of the foregoing resolution. tuel E. acPherson, Commissioner Dist. 9 A. Madeline Luxon, Hubert Price, Jr., Lillian Jaffee Oaks, Dennis M. Aaron Lawrence R. Fernick The Chairperson referred the resolution to the General Government Committee and the Finance Committee. There were no objections. Misc. 90025 By Commissioner Hubert Price, Jr. IN RE: LOBBYING POLICY To the Oaklaud County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS in the conduct of County business, the various elected officials of the County have individually undertaken lobbying efforts on behalf of the County; and WHEREAS both the Oakland County Executive and the Board of Commissioners expend funds for lobbying activities on behalf of the County. NOW THEREFORE BE IT RESOLVED that the General Coverument Committee study the lobbying activities of various elected officials to determine a more effective way to conduct these activities on behalf of Oakland County Government. Mr. Chairperson, I move the adoption of the foregoing resolution. Hubert Price, Jr., Commissioner Dist. 8 Thomas A. Law, Commissioner Dist. 26 The Chairperson referred the resolution to the General Government Committee. There were no objections. In aceordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. Rep. Jan Dolan-Acknowledge Receipt of Misc. Res. #89339 b. MAC, 7th District-e(oppoee) Low-Level Radioactive Nuclear Waste Site in Michigan PLANNING & BUILDING a. Orion...Township-Oppose Eagle Valley Landfill Expansion b. Willis Bullard, Jr.-Attorney General Opinion Request-Act 61 PUBLIC SERVICES a. Dept. of Social Services-Licensing Report, Children's Village OTHERS Roy Rewold a. Willis Bullard, Jr.-Attorney General Opinion Request-Act 6A1 Richard Kuhn, Jr. a. Mich. Dept. of Corrections-Electronic Tethers b. Mich. Dept. of Social Services-Children's Village-Special Investigation E63-13-01-90 There were no objections to the referrals. The next meeting of the Board will be February 22, 1990 at 9:30 A.M. The Board adjourned at 11:00 A.M. LYNN D. ALLEN ROI REWOLD Clerk Chairperson • OAKLAND COUNTY • Board Of Commissioners MEETING February 22, 1990 Meeting called to order by Chairperson Roy Rewold at 929 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, MI. Roll called. PRESENT: Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks. Olsen, Pappageorge, Perniek, Price, Rewold, Skarritt, Wolf. (25) ABSENT. Bishop, Calandro. (2) Quorum present. Invocation given by Commissioner Richard G. Skarritt. Pledge of Allegiance to the Flag. Moved by Jensen supported by Johnson the minutes of the February 8, 1990 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Olsen supported by Crake the agenda be amended and the rules suspended for the following item already on the agenda: FINANCE COMMITTEE if. Prosecuting Attorney - 1990 Cooperative Reimbursement Program Grant Acceptance. (Waive Rule XXVII, 5 Day Notice - Personnel Committee meeting held on February 22, 1990) A sufficient majority having voted therefor, the amendment to the agenda was approved. Vote on suspension of the Rules and approval of the amended agenda; AYES: McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Limon. (24) NAYS: None. (0) • A sufficient majority having voted therefor, the motion to suspend the rules, and approve the amended agenda carried. Clerk read letter of thanks from the 'Friends of the Rouge" Board of Directors for the contribution from Oakland County for 1990/1991. Clerk read letter from Chairperson Roy Rewold announcing the appointments of Susan G. Kuhn and John G. Pappageorge to the Youth Assistance Advisory Council for term ending December 31, 1990. Moved by Pernick supported by Jensen the appointment be confirmed. • A sufficient majority having voted therefor, the appointments of Susan G. Kuhn and John G. Pappageorge to the Youth Assistance Advisory Council were confirmed. The Chairperson announced a Public Hearing on "Pontiac Osteopathic Hospital Nursing Home E.D.C. Project" will be held on March 8, 1990 at 10:00 A. M. in the Courthouse Auditorium. 33 34 Commissioners minutes Continued. February 22, 1990 County Executive Daniel T. Murphy presented The State of tne County" message. (Copy on file in County Clerk's Office.) Sue Myslewiec of Highland Township addressed the Board. The Chairperson announced the Courthouse Tower. remodeling plans will be unveiled at the March 8, 1990 Board meeting. Misc. 90026 By Finance Committee IN RE: Drain Commissioner - REQUEST FOR TWO (2) ADDITIONAL LEASED VEHICLES ' To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #7393 of December 18, 1975, the Oakland County Board of Commissioners adopted a "County Policy on Assignment of County Vehicles": and WHEREAS the policy for additional vehicles requires the affirmative recommendation of the Finance Committee; and WHEREAS Section 6 of this policy also states that the Finance Committee shall recommend to the Board of Commissioners an appropriation sufficient to cover the acquisition -cost plus monthly cearges; and WHEREAS eight (8) additional positions in 1990 and one (1) additional position in 1991 were approved with the adoption of the 1990/1991 Biennial Budget for new drain and water main construction projects; and WHEREAS the Drain Commissioner has requested one (1) additional car for easement acquisition purposes and one (1) additional truck for transporting heavy equipment to storm drain facilities where maintenance work is required; and WHEREAS both vehicles will be acquired through the Drain Equipment Fund and monthly lease charges estimated at $670 will be charged to various project funds; and WHEREAS no additional appropriation is required; and WHEREAS the County Executive recommends this expansion of the County vehicle fleet. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the expansion of the County vehicle fleet by two (2) vehicles as requested by the Drain Commissioner. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Ferrens the resolution be adopted. AYES: McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Lunn. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. . Misc. 90027 By Finance Committee IN RE: Public Works/Facilities Engineering Division - AWARD OF CONTRACT FOR OAKLAND COUNTY COMPUTER CENTER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #89048 authorized the Department of Public Works to bid Computer Center Project at an estimated cost of $10,750,000; and WHEREAS on November 9, 1989, the Board of Commissioners autnorized the County Executive's Facilities Engineering division to reject all previous bids and re-let bids for construction of a new Computer Center; and WHEREAS in accordance with bidding procedures, bids for the above mentioned were received and reviewed by the Department of Public Wores on January 23, 1990; and WHEREAS the County Executive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder, John M. Olsen Company of St. Clair Shores, - Michigan be awarded a contract for construction in the amount of $7,322,354; and WHEREAS the recommendation has been reviewed by Corporation Counsel and approved as to legal sufficiency; and WHEREAS additional costs are estimated to be $3,177,646 including a contract awarded to Minoru Yamasaki Associates for architectural services up to $588,978; aod WHEREAS the total cost of the above mentioned work is estimated to be $10.500,000 as detailed in the attached schedule; and Commissioners Minutes Continued. February i2, 1990 35 WHEREAS due to not making a 1990 payment to the Building Authority, funding of $250,000 is available in the General Fund for subject project; and WHEREAS the sale of bonds was approved by Miscel.laneous Resolution 889049; and WHEREAS total project cost of $10,500,000 will be financed through the sale of bonds of $10,250,000 at an estimated Re interest for a period of 18 years and through the transfer of funds of $250,000 from the General Fund Non-Departmental Budget. NOW THEREFORE BE IT RESOLVED as follows: 11 The contract proposal of John M. Olson Company of St. Clair Shores, Michigan in the amount of $7,322,354 be accepted and the contract awarded in concurrence with the Planning and - Building Committee recommendations. 2) Funds be provided in the amount of $3,177,646 to cover the remeiniog project costs. 3) The Chairperson of the Board of Commissioners is authorized and directed to eeecute a contract with John M. Olson Company of St. Clair Shores, Michigan on behalf of the County of Oakland. 4) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the awardee of this award, in writing no later than 10 days after adoption of this .resolution. The award shall not be effective until the awardee has been notified. 5) General Fund Budget be reapproprited as follows: 4-10100-901-01-00-9102 Building Authority Payments $(250,000) 4-10100-909-01-00-9109 Capital Improvement Program 250,000 6) Funds of $250,000 be transferred from the General Fund to the—Con—gi.iter Center project. Mr.' Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Revised Project Budget on file in County Clerk's Office. Report (Misc. 90027) By Planning and Building Committee • To Finance Committee IN RE: Award of Contract for Oakland County Computer Center Mr. Chairperson, Ladies and Gentlemen: • The Planning and Building Committee, having reviewed the above referenced item at its meeting on February 13, 1990, reports with the recommendation that the contract be awarded to John M. Olson Company of St. Clair Shores, Michigan in the amount of $7,322.354.00 with total project funding in the amount of $10,750,000.00. The Planning and Building Committee further recommends the resolution awarding this contract contain language stating that any request for expenditure over $10,250,000.00 must be brought back to the Planning and Building Committee. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Caddell supported by Ferrens the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Ferrens the resolution be adopted. AYES: Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt. Wolf, Aaron, Caddell, Chester, Crake. Ferrees, Gosling, Huntoon, Johnson, R. Kuhn, S. Kuhn, Law. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90028 By Finance Committee IN RE: Institutional and Human Services/Health Division - 1989/1990 SOLID WASTE REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners - Mr. Chairperson, Ladies and Gentlemen: WHEREAS this contract is for reimbursement of County expenditures attributable to the field activities, inspection, complaint responses, and administration of the Solid Waste Management Program in Oakland County, with funding made available by the Michigan Department of Natural Resources; and WHEREAS pursuant to Miscellaneous Resolution #89105, application was made to the Michigan Department of Natural Resources for the Solid Waste Reimbursement Agreement in the amount of $16,955 for the period October 1, 1989, through September 30, 1990; and 36 Commissioners Minutes Continued. February 22, 1990 • WHEREAS the Michigan Department of Natural Resources has awarded the County an agreement in the amount of $15,599 which is $1,356 or 8.0% less than the application for the same time period; and WHEREAS revenue in the amount of $15,151 has been budgeted for 1990 in the 1990/1991 Biennial Budget.which is $448. less than the reimbursement agreement; and WHEREAS application or acceptance of the Reimbursement Agreement does not obligate the County to any future commitment; and WHEREAS the Office of Corporation Counsel has reviewed the agreement and approved it as to legal sufficiency. NOW_THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Solid Waste Reimbursement Agreement in the amount of $15,599 and authorizes the Board Chairperson to execute said agreement and to approve minor changes and agreement extensions, not to exceed a fifteen (15) percent variance, which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: Revenues . 3-22100-162-20-60-2611 Solid Waste Revenues $448 Expenditores 9-10100-909-01 -00-9900 Contingency 448 Mr. Chairperson, on behalf of the Finance Committee, 1 move thi -Ooption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. AYES: Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Janson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, Moffitt. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90029 By Finance Committee IN RE: Institutional and Human Services/Health Division - 1989/1990 HAZARDOUS WASTE REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS this contract is for reimbursement of County expenditures attributable to the field activities, inspection, complaint responses, and administration of the Hazardous Waste 'Management Program in Oakland County, with funding made available by the Michigan Department of Natural Resources; and WHEREAS pursuant to Miscellaneous Resolution #89105, application was made to the Michigan Department of Natural Resources for the Hazardous Waste Reimbursement Agreement in the amount of $67,159 for the period October 1, 1989, through September 30, 1990; and WHEREAS the Michigan Department of Natural Resources has awarded the County an agreement in the amount of $65,989 which is $1,170 or 1.7% less than the application for the same time period; and WHEREAS revenue in the amount of $63,355 has been budgeted for 1990 in the 1990/1991 Biennial Budget which is $2,634 less than the reimbursement agreement; and WHEREAS application or acceptance of the Reimbursement Agreement does not obligate the County to any future commitment; and WHEREAS the Office of Corporation Counsel has reviewed the agreement and approved it as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Hazardous Waste Reimbursement Agreement in the amount of $65,989 and authorizes the Board Chairperson to execute said agreement and to approve minor changes and agreement extensions, not to exceed a. fifteen (15) percent variance, which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: Revenues 3-22160-162-20-00-2188 Hazardous Waste Revenues $2,634 Expenditures 9-10100-909-01-00-9900 Contingency 2,634 Mr. Chairperson, on behalf of the Finance Committee, I move the inTition of the foregoing resolution. - FINANCE COMMITTEE G. William Caddell. Chairperson Commissioners Minutes Continued. February 22, 1990 37 Moved by Caddell supported by Susan Kuhn the resolution be adopted. AYES: Olsen, Pappaeeorge, Pernick, Price, .Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R.'Kuhn, S. Kuhn, Law, Luxan, McConnell, Moffitt, Oaks. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90030 By Finance Committee IN RE: Institutional and Human Services/Health Division - 1989/1990 MICHIGAN BICYCLE HELMET PROJECT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105 the Health Division applied to the Michigan Department of Public Health for $12,412 to operate a Bicycle Helmet Project from October 1, 1989 through September 30, 1990; and WHEREAS the Michigan Department of Public Health has awarded the County $12,412 to implement the project, the some amount as the application; and WHEREAS the project is 100% grant funded, no additional County resources, including personnel, are required; and WHEREAS acceptance of the grant does not obligate the County to any future commitments; and WHEREAS the Office of Corporation Counsel has reviewed the grant and approved it as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the 1989/1990 Michigan Bicycle Helmet Project Grant in the amount of $12,412 and that the Chairperson of the Board is authorized to execute the grant agreement and to approve grant extensions and modifications up to 15 (fifteen) percent variance from the original award. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: Revenue 3-27320-162-33-00-2185 Grant Revenue $12,412 Expenses -2 320-162-33-00-1001 Salaries 810 4-27320-162-33-00-2070 Fringe Benefits 300 4-27320-162-33-00-3409 Indirect Cost 85 4-27320-162-33-00-3574 Personal Mileage 213 4-27320-162-33-00-4886 Materials & Supplies $11,004 1121-a • $ Mr. Chairperson, on behalf of the Finance Committee, I move the arol-ATZ7h of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Law the resolution be adopted. AYES: Pappageorge, Pernick i Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Croke, Ferrens, Gosling, Huntoon, Jeosen, Johnson, R. Kuhn, S. Kuhn, Law, Luzon, McConnell, Moffitt, Oaks.,01sen. (23) NMS: None. (0) A sufficient majority having voted therefor, the resolution was .adopted. Misc. 90031 By Finance Committee IN RE: Economic Development Division - 1989/1990 SMALL BUSINESS DEVELOPMENT CENTER GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson. Ladies and Gentlenen: WHEREAS a report was submitted to the Chairperson of the Oakland County Board of Commissioners for the Economic Development Division's 1989/1990 Small Business Development Center Grant application in the amount of :!54 .,000; and WHEREAS the Michigan State Department of Commerce has approved an award of $54,000 to Oakland County for the period October 1, 1989 through September 30, 1990; and WHEREAS the total program as approved by the Michigan State Department of Commerce is in the amount of $105,000 (State Grant $54,000; County Match $51,000) as shown in Schedule A; and WHEREAS the program amount ($105,000) is the same as the program amount for the fiscal year 1988-1989, with the County matching at least SO% of the State Grant as required in the State's policy of grant procedures; and 38 Commissioners Minutes Continued, February 22, 1990 WHEREAS the 1990 Adopted Budget reflects a budgeted amount for the Small Business Development Center Grant of $118,550 in revenues and expenditures; and WHEREAS the grant agreement has been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1989/1990 Small Business Development Center Grant in the amount of $54,000 and the Chairperson of the Board of Commissioners be and is heresy authorized to execute the agreement. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to approve minor changes and contract extensions, not to exceed a fifteen (15) percent variance, which is consistent with the contract as approved. BE IT FURTHER RE5OLVED that tee 1990 Budget for the Small Business Development Center grant be amended as detailed in the attached Scnedule B. BE IT FURTHER RESOLVED that the future level of service (including personnel) shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on behalf of tee Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperosn Copy of Schedules "A" and "B" on file in County Clerk's Office. Moved by Caddell supported by Pappageorge the resolution be adopted. AYES: Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhr., S. Kuhn, Law, Luxon, McConnell, Moffitt, Oaks, Olsen,. Pappageorge. (23) NAYS: None. (0) • A sufficient majority having voted therefor, the resolution was adopted. Misc. 90032 By. Finance Committee IN RE: Friend of the Court - ACCEPTANCE OF THE 1990 COOPERATIVE REIMBURSEMENT PROGRAM CONTRACT AWARD To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Friend of the Court submitted application for the 1990 Cooperative Reimbursement Program (Title 11 1-D) contract in accordance with Miscellaneous Resolution #89105, Revised Federal and State Grant Application and Reimbursement Contract Procedures; and WHEREAS the Finance Committee has reviewed said program as approved by the State of ' Michigan, Department of Social Services, and finds the program covers the period of January 1, 1990 through December 31, 1990 and totals $5,420,974, of which $628,144 represents service fees, with the balance ($4,792,870) funded by the State ($3,537,947 - 73.82%) and by the County $1,264,923 - 26.18e); and WHEREAS the contract award Title IV-D is the same as the contract application as detailed in the attached schedule; and WHEREAS the funding is included in the 1990-1991 Biennial Budget; and WHEREAS this contract has been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland Coenty Board of Commissioner accept the 1990 Cooperative Reimbursement Program (Title IV-D) contract for Friend of the Court in the amount of 45,420,974. • BE 17 FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the contract and approve minor changes and contract extensions, not to exceed fifteen (15) percent variance, which are consistent with the contract as approved. BE IT FURTHER RESOLVED that the future level of service shall be contingent upon the level of State funding available for this program including the continuation of positions. Mr. Chairperson, on behalf of the Finance Committee, t move the adoption of the foregoing resolution. FINANCE COMMITTEE 0. William Caddell, Chairperson Copy of attachments on file in County Clerk's Office. Moved by Caddell supported by euntoon the resolution be adopted. AYES: Price, Rewold, 5karritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling. Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick. (24) , HAYS: None. (0) Commissioners Minutes Continued. February 22, 1990 39 A sufficient majority having voted therefor, the resolution was adopted. Misc. 90033 a By Finance Committee • IN RE: Prosecuting Attorney - 1980 COOPERATIVE REIMBURSEMENT PROGRAM CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a report was submitted to the Chairperson of the Oakland County Board of Commissioners in accordance with County grant procedures regarding application for the Prosecuting Attorney's 1990 Cooperative Reimbursement Program contract in the amount of $982,456 ($740,106 - State, $242,250 - County); and WHEREAS the Michigan Department cf Social Services has approved the Prosecuting Attorney's 1990 application for the same amount of $982,456 of which $740,106 (75%) is State appropriation and $242,380 (25%) is County match as detailed in Schedule A; and WHEREAS the 1990 award represents an increase of $108,259 over the 1989 amended award as detailed in Schedule A; and WHEREAS the award includes funding for one (1) additional, Assistant Prosecutor 1 position and one (1) additional Clerk III position effective July 1, 1990, which requires the approval of the Personnel Committee; and WHEREAS the Prosecuting Attorney's 1990 Budget includes funding for the required County match; and WHEREAS the 1990 Adopted Budget is $916,119 for the Prosecuting Attorney's Cooperative Reimbursement Grant revenue and expenses, necessitating Budget amendments increasing both by $66,337; and WHEREAS Corporation Counsel has reviewed and approved this contract as to legal sufficiency, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Prosecuting Attorney's 1990 Coorperative Reimbursement Program Contract in the amount of $982,456, BE IT FURTHER RESOLVED that the 1990 Budget for the Prosecuting Attorney's Cooperative Reimbursement Program be amended as detailed in Schedule B. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby authorized to execute said contract and to approve minor changes and contract extensions, not to exceed fifteen (15) percent variance, which are consistent with the contract as approved. BE IT FURTHER RESOLVED that the future level of service (including personnel) shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE ' G. William Caddell, Chairperson Copy of Schedule "A" and "B" on file in County Clerk's Office. Moved by Caddell supported by Luxon the resolution be adopted. AYES: Rewold, Skarritt, Wolf, Aaron,'Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson. R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90034 By Finance Committee IN RE: Department of Public Works/Solid Waste - ACCEPTANCE OF 1989 - 1990 ACT 641 PLANNING REIMBURSEMENT CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #87244 directed the Chairperson of the Board to file a 'notice of intent to prepare a Solid Waste Management Plan Upoate as required by Public Act 641; and WHEREAS reimbursement funding is available in the amount of $49,615 from the State of Michigan Department of Natural Resources for Solid Waste for planning efforts under Act 641; and WHEREAS the Michigan Department of Natural Resources has accepted the contracts with Camp, Dresser & McKee as amended and the contract with Bishop, Cook, Purcell & Reynolds as applicable for reimbursement up to $49,615 for solid waste management planning under Act 641; and WHEREAS the 1990 Revenue Budget included $49,000 in anticipation of this reimbursment award; and WHEREAS this is the third year of this reimbursement award; and WHEREAS the reimbursement contract has been approved by Corporation Counsel as to legal sufficiency; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts and • 40 Commissioners Minutes Continued. February 22, 1990 hereby directs and authorizes the Chaireerson of the Board to execute the reimbursement contract with the State of Michigan Department of Natural Resources, BE IT FURTHER RESOLVED that the Chairpereon of the Board is hereby authorized to approve minor changes and extensions not to exceed fifteen (15) percent variance, which is consistent with the reimbursement contract. BE IT FURTHER RESOLVED that acceptance of this contract does not commit the County to any future obligation. BE IT FURTHER RESOLVED that the 1990 Budget be amended increasing the Solid Waste revenue $615 to $49,615 (account #3 -10100-101-01 -00-2531) and increasing Solid Waste Professional Services line item $615 to $487,615 (account #4-10100-101 -01-00-3128). Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Roved by Caddell supported by Crake the resolution be adopted. AYES: Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, huntoon, Jensen, Johnson, R. Kuhn. S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90017 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section - ADDENDUM TO LEASE - 52nd/2nd DIVISION DISTRICT COURT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the control unit for the 2nd Division of the 52nd District Court; and WHEREAS the Court now occupies 5,900 square feet in premises located in Clarkston pursuant to a Lease dated August 22, 1985; and WHEREAS the Court has requested an expansion of its existing premises to include an additional 840 square feet, which area is adjacent to its existing space; and WHEREAS the proposed expansion is necessary to accommodate the increase in filing of active open tickets and cases, one (1) additional Lektreiver filing system, and a Magistrate/ Visiting Judge hearing room; and WHEREAS the increased cost for the additional space of $15,600 per year is within the District Court's 1990-1991 Budget; and WHEREAS the County Executive recommends the expansion of the 52/2 District Court for the 840 square feet as requested by the Court. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the request for expansion of facilities of the 2nd Division of the 52nd District Court to lease an additional 840 square feet of space, which area is adjacent to its existing leased premises. BE IT FURTHER RESOLVED that the Board directs its Chairperson to execute the Addendum to Lease, Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Fiscal Note (Misc. 90017) By Finance Committee IN RE: Corporation Counsel - Real Estate Section - ADDENDUM TO LEASE - 52nd/2nd DIVISION DISTRICT COURT • To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90017 and finds: 1) The Second Division of the 52nd District Court (Clarkston) has requested an expansion of its existing premise to include an additional 840 square feet, which is adjacent to its existing . space, 2) The County agrees to pay fixed annual rent of $15,600 (based on a rate of $18.57 per square foot for 840 square feet of space) per year from April 1, 1990 through December 31, 1995 the term of the Lease. • 3) The County will be responsible for the payment of utilities costs. Janitorial services and real estate taxes, 4) The increased costs of additional space and associated costs have been included in the District Court's 1990-1991 Biennial Budget. FINANCE COMMITTEE Commissioners Minutes Continued. February 22, 1990 41 Copy of Addendum to Lease on file in County Clerk's Office. Moved by Crake supported by Pappageorge the resolution be adopted. Moved by Chester supported by Pappageorge the Addendum to the Leese be amended by striking Section 5 in its entirety. (S. LANDLORD shall provide at its expense all remodeling necessary for TENANT'S use of the 840 square feet). A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Skarritt, Wolf, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kahn, S. Kuhn, Law, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Price, Rewold. (21) NAYS: Aaron, Lumen, Pernick. (3)- A sufficient. majority having voted therefor, the resolution, as amended, was adopted. Misc. 90035 By Planning and Building Committee IN RE: Department Of Public Works - DESIGNATION OF AN INVESTMENT BANKING TEAM (UNDERWRITERS) FOR THE FINANCING OF THE COUNTY SOLID WASTE DISPOSAL SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Act 641 of the Public Acts of 1978, as amended, the Board of Commissioners by Miscellaneous Resolutions 82228, dated August 5, 1982 1 82243 dated August 26, 1982. and 69214 dated September 14, 1989, approved a Solid Waste Management Plan (the Act 641 Plan) providing for the disposal of all non-hazardous solid waste generated in the County; and WHEREAS the in-process plan update and the goals of the County will provide for a complete Solid Waste Disposal System using a combination of sanitary landfills, transfer stations, material and resource recovery facilities and composting centers with emphasis on recycling, composting and other volume reduction programs; and WHEREAS the County Board of Commissioners by Misc. Res. #87344, dated December 10 e 1987, and Misc. Res. #89178, dated July 20, 1989, expressed its intent to issue bonds to finance the facilities acquisition and/or construction costs and all other costs related to the solid waste disposal system; and WHEREAS the County of Oakland through its financial advisors, Public Financial Management, Inc., solicited proposals from the various investment banking firms for underwriting services for such bond issuance; and WHEREAS after review and evaluation of all proposals received, it is recommended that a team of investment bankers be designated to handle the underwriting services for the financing of the County Solid Waste Disposal System; and WHEREAS Public Act 186 of the Public Acts of 1989 requires that the method of financing the system and all activities related thereto shall be approved by the County Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the County Board of Commissioners designates the following investment bankers as the underwriting team for the financing of the County Solid Waste Disposal System: Co. - Senior Manager Shearson, Lehman Hutton, Inc. (Lead Book Running Manager) Co. - Senior Manager Kidder, Peabody and Company Co. - Manager Bear, Stearns and Company, Inc. . Paine Webber, Inc. Smith Barney Harris Upham and Company First of Michigan Corporation Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson FISCAL NOTE (Misc. 90035) By Finance Committee IN RE: Department of Public Works - Designation of an Investment Banking Team (Underwriters) for the Financing of the County Solid Waste Disposal System • 'fa the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed aforementioned resolution and finds all underwriters fees and costs will be provided from proceeds from the sale of the bonds. FINANCE COMMITTEE 4z Commissioners Minutes Continued. February 22, 1990 Moved by Crake supported by Ferrens the resolution be adopted. AYES: Wolf, Aaron, Caddell, Chester, 'Crake, Ferrens,'Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90013 By Planning and Building Committee IN RE: Drain Commissioner - CADDELL DRAIN REFUNDING BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Mr: Chairperson, Ladies and Gentlemen: WHEREAS the Caddell Drainage District previously has issued its Drain Bonds, dated May 1, 1985, in the principal amount of $3,475,000, and this Board of Commissioners, by Resolution No. 85064, adopted February 28, 1985, pledged the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the said Drain Bonds; and WHEREAS the Drainage Board for the Caddell Drain, by resolution adopted on December 12, 1989, authorized and provided for the issuance of refunding bonds in the aggregate principal amount of not to exceed $3,500,000 to refund the aforesaid Drain Bonds maturing in the years 1993 through 2004; and WHEREAS the bonds are to be designated Refunding Bonds * are to be dated as of such date as the Drainage Board shall determine at the time of sale: shall be in such principal amount and mature on such dates as shall be determined by the Drainage Board at the time of sale; will bear interest at a rate or rates not exceeding 8% and will be subject to redemption prior to maturity in accordance with the provisions of the sale resolution; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County for the payment of the Refunding Bonds; and WHEREAS it is appropriate that the Refunding Bonds be sold in order to achieve debt service savings for the City of Farmington Hills, the City of Farmington, the City of Novi and the County of Oakland, NOW THEREFORE BE IT RESOLVED: 1. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the Caddell Drainage District Refunding Bonds and agrees that, in the event any public corporation assessed shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to 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 an 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. Mt. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson • Fiscal Note (Misc. 90013) By Finance Committee IN RE: Drain Commissioner - CADDELL DRAIN REFUNDING BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Beard, the Finance Committee has reviewed Miscellaneous Resolution 190013 and finds: 1) The resolution authorizes the issuance of refunding bonds with the County pledging its full faith and credit as the secondary obligator. 2) The aggregate principal amount is not to exceed $3,500,000 at an interest rate not to exceed 8%. 3) The previous bonds were issued with a principal amount of $3,475,000 at an interest rate of 8.84522 4) The statutory limit for County debt is $2,339,540,375 002 of 1989 State Equalized Value). As of January 31, 1990, the outstanding debt is $331,267,723 or approximately 1.4% of the S.E.V. 5) Ho financial impact is anticipated. FINANCE COMMITTEE 43 Commissioners Minutes Continued. February 22, 199C • Moved by Crake supported by Wolf the resolution be adopted. AYES: Aaron, Caddell, Chester, Crake, Ferree's, Gosling; Hunteon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, auxon,McConnell, McCulloch, Moffitt. Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (24)L . NAYS: Nona. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90015 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO APPROVE CITY OF ORCHARD LAKE VILLAGE SANITARY SEWAGE COLLECTION AND DISPOSAL SYSTEM CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS under and subject to the terms of Act 342, Public Acts of Michigan, 1539, as amended (Act 4342 1 ) the County of Oakland (the "County") is authorized, through the Drain Commissioner as County Agency, to acquire and construct sanitary sewage collection and disposal facilities to be located in the City of Orchard Lake Village (the "City") and capacity in the Evergreen and Farmington Sewage Disposal System to serve the City; the County and the City are authorized to enter into a contract for the acquisition and construction of the aforesaid facilities and cepacity and for the financing of all or part of the cost thereof by the issuance of bonds by the County secured by the pledge of the full faith and credit of the City to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years; and the County is authorized to issue such bonds and to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS the City is in urgent need of such facilities and capacity to provide the means of collecting and disposing of sanitary sewage originating in the City, in order to abate pollution of the waters of the City and thus to promote the health and welfare of the residents thereof, which facilities and capacity likewise would benefit the County and its residents, and the parties hereto have cencluded that such facilities and capacity can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, and especially Sections Sa, 5b and 5c thereof; and WHEREAS the County and the City desire to proceed with the acquisition and construction of the facilities and capacity which are described and saown on Exhibits A and A-1 to the contract hereinafter set forth in full and which are hereinafter referred to as the "Project"; and WHEREAS the County Agency has obtained preliminary plans for the Project and estimates of $9,300,00U as the total cost of the Project and forty (40) years and upwards as the period of usefulness of the Project, all of which have been prepared by Hubbell, Roth & Clark, Inc., said estimates being set forth on Exhibit B to the contract hereinafter set forth in full; and WHEREAS in order to provide for the acquisition and construction of the Project by the County and the financing of the cost thereof by the issuance of County bonds, and for other related matters, it is necessary for the County and the City to enter into the contract; and WHEREAS the electors of the City of Orchard Lake Village have approved the contract. THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows; 1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of 0,300,000 as the cost of the Project and the estimate of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, be and the same are approved and adopted .. 2. APPROVAL OF CONTRACT. The City of Orchard Lake Village Sanitary Sewage Collection and Disposal System Sontract. dated- 'as of November 1, 1989, between the Couaty, by acid threugh the County Drain Commissioner, County Agency, party of the first part, and the City, party of the second part, which Contract has been submitted, to this Board of Comoissioners, be and the same is approved and adopted, and the County Drain Commissioner is authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the Contract has been eeecuted by the appropriate officials of the City. Said Contract reads as follows: CITY OF ORCHARD LAKE VILLAGE SANITARY SEWAGE COLLECTION AND DISPOSAL SYSTEM CONTRACT THIS CONTRACT, made and entered into as of the 1st day of November, 1989, by and between the COUHTY OF OAKLAND, a minty corporation in the State of Michigan (hereinafter sometimes referred to as the "Ceunty"), by and through its Drain Cummissioner, County Agency, party of the first part, and the CITY OF ORCHARD LAKE VILLAGE, a City located in the County (hereinafter sometimes referred to as the "City"), party of the second part. WITNESSETH: WHEREAS the Oakland CountyoarE1-7—a-f'ervisorsy resolution, Misc. No. 3269, adopted Anent 12, 1957, as amended by resolution, Misc. No. 3435 adopted October 13, 1958, approved the establinhoent of the Evergreen Sewage Disposal System (herein called the "Evergreen System") to serve the Evergreen Sewage Disposal District (herein called the "Evergreen District"), within which 44 Commissioners Minutes Continued. February 22, 1990 Evergreen District are included areas in each of the municipal corporations hereinafter named; and WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November10, 1958, as amended by amendatory agreements dated December 22, 1955 and February 9, 1959, all between the County and the Cities of Southfield, Birmingham, Bloomfield Hills, Lathrup Village and Troy, the Village of Westwood (now Village of Beverly Hills), and the Townships of Bloomfield and Pontiac (now City of Auburn Hills), municipal corporations in the County, the County acting through its Department of Public Works, acquired the original Evergreen System and financed such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said agreement as amended (herein referred to as the "Evergreen.Agreement"); and WHEREAS. the Oakland County Board of Supervisors, by resolution, Misc. No. 4115, adopted March 6, 1953, enlarged the Evergreen District to include all of the Village of Franklin and all of the Village of Bingham Farms within the area to be served by the Evergreen System; and WHEREAS the Oakland County Board of Supervisors, by resolution, Misc. No. 3270, adopted August 12, 1957, as amended by resolution, Misc. No. 3339, adopted January 24, 1958, approved the establishment of the Farmington Sewage Disposal System (herein called the "Farmington System") to serve the Farmington Sewage Disposal District (herein called the "Farmington District") within which Fermington District are included areas in each of the municipal corporations hereinafter named; and WHEREAS pursuant to the Farmington Sewage Disposal System Agreement dated November 1, 1957, as amended by amendatory agreements dated December 22, 1958 and February 9, 1959, all between the County and the Cities of Southfield and Keego Harbor and the Townships of West Bloomfield and Farmington (now City of Farmington Hills), municipal corporations in said County of Oakland, the County acting through its Department of Public Works acquired the original Farmington System and financed such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said agreement as amended (herein referred to as the "Farmington Agreement"); and WHEREAS by annexation of part of the former Township of Farmington the City of Farmington has become a user of the Farmington System and has area included in the Farmington District; and WHEREAS by contractual relationships with members of the Farmington System, the City of Orchard Lake Village has become a user of the Farmington System; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by the Evergreen System and the Farmington System as a single plan of study area for the purposes of Step I Facilities Planning and determined that there is a need to obtain studies, reports, plans and estimates for the abatement of pollution, control of pollutants and polluting discharges, and the relief of both the Evergreen System and the Farmington System; and . WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended, a system of sewage disposal improvements and services to serve the area and the districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269, 3435 and 4115 as the Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington District, which system as so established was designated as the "Evergreen and Farmington Sewage Disposal System" (herein called the "System") and the Oakland County Drain Commissioner was designated and appointed as the "County Agency" for the System with all the powers and duties with respect to the System as are provided by law and especially by said Act 342; and WHEREAS under and subject to the terms of Act 342, the County is authorized, through the County Agency, to acquire and construct sanitary sewage collection and disposal facilities to be located in the City and capacity in the System to serve the City, the County, and the City are authorized to enter into a contract, as hereafter provided, for the acquisition and construction of the aforesaid facilities and capacity and for financing all or part of the cost thereof by the issuance of bonds by the County secured by the pledge of the full faith and credit of the City to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years, and the County is authorized to issue such bonds and, if authorized by majority vote of the members -elect of its Board of Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS the City is in urgent need of such facilities and capacity to provide the means of collecting and disposing of sanitary sewage originating in the City, in order to abate pollution of the waters of the City and thus to promote the health and welfare of the residents thereof, which facilities and capacity likewise would benefit the County and its residents, and the parties hereto have concluded that such facilities and capacity can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, and especially Sections 5a, 5b and 5c thereof; and WHEREAS the County and the City desire to proceed with the acquisition and construction of the facilities and capacity which are described and shown on Exhibits A and A-1 hereto attached and are hereinafter referred to as the "Project"); and WHEREAS the County Agency has obtained preliminary plans for the Project and estimates of $9,300,000 as the total cost of the Project and forty (40) years and upwards as the period of usefulness of the Project, all of which have been prepared by Hubbell, Roth & Clark, Inc. (hereinafter sometimes referred to as the consulting engineers) and have been approved by the Board of Commissioners of the County and the City Council of the City and will be placed on file in the office of the County Agency, said estimates being set forth in Exhibit 3 hereunto attached; and Commissioners Minutes Continued, February 22, 1990 45 WHEREAS in order to erovide for the acquisitinn end construction of the Project by the County arid the financing of tle cost thereof by the issuance of County bonds, and for other related matters, It is necessary for the parties hereto to enter into this contract. THEREFORE, IN CUNSIDERaTION CF THE PREMISES AND THE COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The parties hereto do hereby approve and agree to the establishment, acquisition, construction and financing of thz Project, as herein provided, under and pursuant to Act 342. The City, oy way of compliance with Section 29, Article YU, Michigan Constitution of 1963, consents and agrees to the location of portion of the Project within the corporate beundaries of the City and to the use by the County of its streets, highways, alleys, lands, rights-of-waY or other public places for the purpose and facilities of the Project and any improvements, enlergements or extensions thereof, end the City further agrees that, in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver to the County such grants of easeeent, right-of-way, Iicenee. permit or consent as may be requested by the County. 2. The Project shall consist of (1) the sanitary sewage collection and disposal facilities located in the City described on Exhibit A-1 which is hereunto attached and which is hereby Dade a part hereof ) and as are more particularly set forth in the preliminary plans which have been prepared and submitted by the consulting engineers, which plans are en file with the County Agency and are approved and adopted (the "City System") and (2) the capacity in the System described on Exhibits A and A -1 (the "Evergreen-Farmington Capacity'). The City System shall be acquired and constructed substantially in accordance oith the said preliminary plans and in accordance with final plans and specifications to be prepared and sutmitted by the censulting engineers, but variations therefrom which do not materially change the location, capacity or overall design of the City System, and which do not require an increase in the total estimated cost of the Project, may be permitted on the auehority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the City Council of the City and if provisions required by Paragraph 8 hereof are made for payment or financing of any resulting increase in the total estimated cost. The Evergreen-Farmiegton Capacity shall be acquired and constructed in accordance with the provisions of this agreement and other agreements alone the County, the City and other public corporations. The estimate cf cost of the Project and the estimate of period of usefulness thereof as set forth in Exhibit B are approved and adopted. 3. The County Agency shall take or cause to be taken all actions required or necessary, in accordance with Act 342, to proccre the issuance and sale of bonds by the Ceunty, in one or more series, in whatever aggreeate principal amount is necessary to be so financed to defray that part of the total cost to the County of the Project which is in excess of funds available from other sources. Such bonds shall be issued in anticipation of, and be payable primarily from, the payments to be made by the City to the county as provided in this contract, and shall be secured secenderile, if so voted by the Bowel of Comaissioners of the County, by the pledge of the full faith and credit of the County, and the said bonds shall be payable in annual maturities the last of which shell be not mare than forty (40) years from the date thereof. 4. The County Agency shall proceed to take construction bids for the Project and, subject to the sale and delivery of said boads, enter into construction contracts with the lowest responsible bidder or bidders, -procure from the contractors all necessary and proper bonds, cause the Project to be constructed within a reasonable time, and do all other things required by this contract and the laws of the State of Michigan. All certificates for required payments to contractors shall be approved by the consulting eneieeers before presentation to the County Agency and the latter shall be entitled to rely on such approval in maaing payments. The County agrees that it will secure and maintain, or cause to be secured and eaintained, during the period of construction adequate property damege and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies and merearanda of insurance shall provide that the County and the City shall be insured earties thereunder and shall contain a provision requiring that the City be netlfied at least ten days prior to cancellation thereof. One copy of each policy and memorandue of insurance saall be filed with the City. 5. it is understood and Weed by the parties hereto that the Project is to serve the City and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the City. It is tee responsibility of the City to require connection eo and use of the facilities of the Project and to provide such additicnal facilities as may be needed, and the -City shall cause to he constructed and maintained, directly or throush the County, any stich naceusary additional facilities. The County shall not be oblieated hereunder to acquire or construct any facilities other taan those designated in paragraph 2 Jereof. 6. The city shall pay to the County the total cost of the Project, leas such funds as my :aecoze aveilable from other sources. The total cost for this Durooso s.aIl include, in addition to the items of the nature set forth in Exhibit 3 (represeated by the principal amount of the bonds to be iseued by the county), all interest payable by the County on said bonds and all. paying agent fees o5d other expenses and charges (including the County Agency's administrative expenses) which are payable on eccount of said bonds (such fees, expenses and charges being herein called "bond service eaarges"). Such payments shall be made to the County in annuel or semiannual instal -Sleets which shall be due end payable at least thirty days prior to the day of the moeth specified in the County bonds as the annual principal maturity date thereof oe semiannual interest date. Such installments shall be so paid in each year that any principal or non-capitalized interest on said bends falls due 45 Commissioners Minutes Continued. February 22, 1990 during the twelve-month period beginning on such principal maturity date in said year, and the amount of each installment so due and payable shall be at least sufficient to pay all such principal and interest thus falling due and all bond service charges then due and payable. The County Agency, within thirty days after delivery of the County bonds to the purchaser, shall furnish the City Treasurer with a complete schedule of the principal and interest maturities thereon, and the County Agency, at least thirty days before each payment is due to be made by the City, also shall advise the City Treasurer of the amount payable to the County on such date. If the City fails to make any payment to the County when due, the some shall be subject to a penalty of 1% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse the City from the obligation to make - payment when due. Such payments shall be made by the City when due whether or not the Project then has been completed or placed in operation. In the event that additionalCounty bonds shall be issued under the authority of this contract to defray a part of the cost of the Project, the foregoing obligations shall apply to such part of the cost and to said additional bonds • insofar as appropriate thereto. 7. The City may pay in advance any amount payable to the County pursuant to this contract and in that event shall be credited 'thereforon future-due amounts as may be agreed by the parties hereto. The City also may pay in advance any one or more installments or any part thereof (a) by surrendering to the county any of said County bonds of like principal amount of ib) by paying to the County in cash the principal amount of any County bonds which are subject to redemption prior to maturity, plus all interest thereon to the first date upon which such bonds may be called for redemption, and plus all applicable call premiums and bond service charges, and in such event the County Agency shall call said bonds for redemption at the earliest possible date; provided, however, that such advance cash payment and credit therefor shall be limited in amount at any given time to the amount of bonds available for redemption by call within the twelve-month period succeeding the date of the advance cash payments. The installments or parts thereof so prepaid shall be deemed to be the installments or parts thereof falling due in the same calendar year as the maturity dates of the bonds surrendered or called for redemption and bonds so surrendered or redeemed shall be cancelled. 8. In the event that it shall become necessary to increase the estimated cost of the Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or changes permitted or needed to be made in the approved plans or otherwise, then (without execution of any further contract or amendment of this contract) the City Council, by resolution adopted within fifteen days after the receipt of construction bids, may direct that a portion of the City System not yet acquired or constructed and not under contract to be acquired or constructed be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cost of the Project by more than 5%; provided that such deletion shall not change the general scope, overall design, and purpose of the City System. In the adoption of such a resolution the City shall pay or procure the payment of the increase or excess up to said 5% in cash or shall agree that County bonds in an increased or additional amount shall (upon adoption of an authorizing resolution therefor by the Board of Conmissioners) be issued to defray such increased or excess cost, to the extent that funds therefor are not available from other sources. Where the effect of any increase in the estimated cost of the Project or of any excess of actual cost over estimated cost would be to cause the total cost of the Project to exceed by more than 5% its total estimated cost as hereiebefore stated, the County shall not enter into any new or further contract or change order for acquisition or construction of the Project or any part thereof - or incur any new or further obligation for or pay any new or further item of cost thereof until the City Council shall have adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be paid or its payment procured by the City in cash or be defrayed by the issuance of increased or additional County bonds in anticipation of increased or additional payments agreed to be made by the City to the County in the manner hereinbefore provided; provided, further, that the adoption of such resolution by the City Council shall not be required prior to or as a condition precedent to the issuance of additional bonds by the County, if the County has previously issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of the additiona) bonds is necessary (as determined by the County) to pay such increased, additional or excess costs as are essential to completion of the Project according to the plans as last approved prior, to the time when the previous bonds were issued or contracted to be sold. 9. If the actual cost of the Project is less than the total estimated cost, any surplus available to the County from tile sale of County bonds, at the option of the City Council, shall be used to improve, enlarge or extend the Project, to apply upon future payments due to the tounty, to redeem bonds maturing or callable for payment within one year, or to purchase bonds of any maturity on the open market, provided that such surplus shall be used to improve, enlarge or extend the Project only if authorized by the Board of Commissioners. Any such surplus to be used for the purpose of improving, enlarging or extending the Project may be supplemented by cash payments to be made by the City or by the proceeds of additional County bonds, or such improvements, enlargements or extensions may be financed entirely from such cash payments, if authorized by the City Council. If any such surplus is used to redeem or purchase bonds, the same shall be cancelled, and the payments thereafter required to be made by the city to the County shall be reduced so as to reflect the resulting saving of interest and the payment required to be made by the City in the calendar Commissioners Minutes Continued. February 22, 1990 47 year of the stated maturity of said bonds shall be reduced by the principal amount thereof. 10. Should the City fail for any reason to pay the County at the times saecified the emouets herein required to be paid, the City heresy eeteorizes the State Treasurer cr other official charged with the disbureement of uerestrictee:statt 'eines returnable to the City pursuant to the Michigan constitution to withhold sufficient funds to make up any default or deficiency in furs. If the full faith and creeit of the County are pledged for the prompt payment of the principal of and interest on the bonds to be issued by the Couety and if the County is required to advance any money by reason of such pledge on account of the delinqueecy of the City, the County Treasurer is authorized hereby to notify the State Teeasueer to deduct the amount of eoney so advanced by the Coenty from am unrestricted moneys in the State Treasurer's passession beloneing to the City and to pay such amount to the County. The foregoing shall not operate to limit the County's right to pursue any other legal reuedis for tee reimbuesement of moneys advanced On acccent of the default of the City. 11. The City, pursuant to the authorization of Section 5a of Act No. 342, hereby pledges its fell faith and credit for the promet and timely payment of its obligations eepressed ii this contract ard shall. each year levy a tax in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under this contract becoming due before the time of the followine year's tax collections; provided, however, that if at the time of slaking its annual tax levy, the City shell have on hand cash or other funds which have been set aside and pledged or are budgeted or otherwise available fee tee payment of such contractual obligations falling due prior to the time of the next tax collection, then the annual tax levy may be reduced by such a:aunt. Taeee levied by the City shall be without limitation as to rate or amount. The City Council each year, at least 90 days prior to the final date provided by law for the making of the annual tee levy, shall subeit to the County Agency a written stateeent setting forth the amount of its oblinations to the County which beeoma due and payable ender this contract prior to the time of the next following year's tax collections, the amount of the funds which the City ees or will have on hand or to its credit in the hands of the County which have been or will be set aside and pledged for payment of said obligations to the County, and the amount of the City taxes next proposed to be levied for the purpose of raising money to met such obligations. The County Agency shall review such statement promptly and, if he finds that the proposed tax levy is insefficient, he shall so notify the City Council, and the City eereby covenants and agrees that It thereupon will increase its levy to such extent as may be required by tee County Agency. 12. No channe in the jurisdiction over any territory in the City shall impair in any renner the obligations of this contract or affect the obligations of the City hereunder. In the event that all or any part of the territory of the City is incorporated as a new city or village or is annexed to or becomes a part of the territory of anether meeicipality, the municipality into which such territory is Incorporated or to which such territory is anneeed shall assume the proper proportionate share of the contractual obligations (incleding the pledge of full faith and credit) of the City, which proper proportionate share shall be fixed and detereined by the County Agency and shall be binding upon all parties coecerned unless, within sixty (GO) days after such incorporation or annexation becomes effective, the governing body of the municipality into which such territory is iecorporeted or to which such territory is annexed and the City Council of the City, by mutual agreement and with the written approval of the County teency, shall fix and determine such proper proportionate share. The County Agency, prior to making such determination, shall receive a written recomandation as to the proper proportionate share from e committee composed of one representative designated by the City Council of the City. one designated by the governing body of the new municipality or the municipality annexing such territory and one indeeendent registered engineer appointed by the County Agency. Each governmental unit shall appoint its representative within fifteen (15) days after being notified to do so ey the County Agency and withic a like time the Coenty Agency shall appoint the anineer third member. If any such representative (other than the appointee of the County Agency; is not appointed within the time above previded, then the County egency may proceed without said recommendation. If the cemmittee shall not make the recommendation within forty-five (45) days after its appointment cc wieein any extension thereof by the County Agency, then the County Agency may proceed without such recommendation. 13: This contract is contingent upon the County issuing its negotiable bonds as herein prcvided, to defray such part of the total estimated cost of the Project as is necessary to be financed, which bonds shall be issued under tha authorization provided in Section 5a, 5b and 5c of said Act 342. Interest on the bonds may be capitalized ane paid from tee bond proceeds for a period not exceeding the estimated construction period and one year thereafter. In the event tht the bonds ace not issued within five years from the date of 'this contract, it shall become null and void unless extended by mutual agreement, except that the City shall pay all engineering, legal nnd other costs and expenses theretofore incurred hereunder and shall be entitled to all plans, specifications and other engineering data and materials. 14. Upon completion of the City System it shall be operated and maintained in accordance with a supplemental aereement between the City and the County. The operation and maintenance of the System shall continue as provided in the Evergreen Agreement, the Farmington Agreement, aid any supplements or amendments thereto, with costs thereof billed, collected and paid as at present. If a grant, advance or payment becomes available from the state or federal government or any other source, the City hereby agrees to adopt such resolutions or ordinances as may be required 48 Commissioners Minutes Continued. February 22, 1990 by state or federal laws, regulations or orders to make the County and the Project and the System eligible to accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment require a local contribution, the City hereby agrees to raise and make such local contribution. 15. The County shall have no obligation or responsibility for providing facilities except as herein expressly provided with respect to the acquisition of the Project or as otherwise provided by contract. The City shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the City System by constructing or extending sewers or related facilities, connecting the same to the Project, and otherwise improving the Project. It is expressly agreed, nevertheless, that no such connection shall be made to the Project and no improvements, enlargements or extensions thereof shall be made without first securing a permit therefor from the County Agency. Any such permit may be made conditional upon inspection and approval of new construction by the County Agency. It is further agreed that the City System shall be used for collection and conveyance of sanitary sewage only and that the City shall take all necessary action to prevent entry into the City System of storm waters and also to prevent entry of sewage or wastes of such a character as to be injurious to the City System or the System or to the public health and safety. 16. All powers 1 duties and functions vested by this contract in the County shall be exercised and performed by the County Agency for and on behalf of the County, unless otherwise provided by law or in this contract. The County Agency shall prepare, with the aid of its consultants, such covenants, representations and warranties and have adopted by officials of the County and of the City such procedures for construction, accounting, payment and operating as are necessary to comply with the requirements of state and federal law in order to create and maintain the obligations of the City and of the County under this contract and with respect to the bonds as valid and binding obligations and in order to assure that the interest on the bonds is excludable from gross income for federal income tax purposes. Such covenants, representations and warranties and such procedures shall be evidenced by and set forth in certificates or resolutions prepared for the County Agency which the City and the County agree to approve, execute and adopt at or prior to issuance and delivery of any bonds. 17. The parties hereto recognize that the holders from time to time of the bonds to be issued by the County under the provisions of Act 342, and secured by the full faith and credit pledge of the City to the making of the payments as set forth in this contract, will have contractual rights in this contract, and it is therefore covenanted and agreed that so long as any of said bonds shall remain outstanding and unpaid, the provisions of this contract shall not be subject to any alteration or revision which would in any manner adversely affect either the security of the bonds or the prompt payment cf principal or interest thereon. The right to make changes in this contract, by amendment, supplemental contract or otherwise, is nevertheless reserved insofar as the same do not have such adverse effect. The parties hereto further covenant and agree that they each will comply with their respective duties and obligations under the terms of this contract promptly, at the times and in the manner herein set forth, and will not suffer to be done any act which would in any way impair the contract of said bonds, the security therefor, or the prompt payment of principal and interest thereon. It is hereby declared that the terms of this contract and of any amendatory or supplemental contract and any contract entered into pursuant hereto, insofar as they pertain to said bonds or to the payment of the security thereof, shall be deemed to be for the benefit of the holders of said bonds. 18. In the event that any one or more of the provisions of this contrsct shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, but this contract shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. 19. This contract shall become effective upon its execution by each party hereto and its approval by the vote of a majority of the electors of the City qualified to vote and voting thereon at a general or specialelection. This contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided, however, that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all bond service charges pertaining to said bonds. This contract may be executed in several counterparts. The provisions of this contract shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by the undersigned, being duly authorized by the respective governing bodies of such parties, all as of the day and year first above written. CITY OF ORCHARD LAKE COUNTY OF OAKLAND By: By: mayor County Drain Commissioner By: (County Agency) City Clerk 3. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in herewith are pledging the full faith and credit of the County as the (10% of 1989 StateEeealized or approximately 1.4% of the Commissioners Minutes Continued. February ZZ, 1990 49 Mr. chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. Fiscal Note (Misc. 90015) By Finance Committee Ili RE: Drain Commissioner - RESOLUTION TO APPROVE CITY OF ORCHARD LAKE VILLAGE SANITARY SEWAGE COLLECTION AND DISPOSAL SYSTEM CONTRACT To the Oakland County Board of Commissicmers Mr. Chairperson, Ladies and. Gentlemen: Pursuant to Rule XI- G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90015 and finds: 1. The resolution approves the contract with the City of Orchard Lake Village for this project with an estimated cost of $9.3 million. 2. The voters within the city have approved the contract. ,3. Funding uill be provided through the issuance of bonds credit of the City as the primary obligator and the full faith and secondary oblieator. 4. The statutory limit for County debt is $2,339,540,375 Value). As of January 31, 1990, the outstanding debt is :331,267,723, S.E.V. S. No financial impact is anticipated. FINANCE COMMITTEE G. William Caddell, Chairperscn Moved by Crake supported by Law the resolution be adopted. AYES: Caddel/, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageerge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90036 • By Planning and Building Committee IN Rt: Crain Commissioner - RESOLUTION TO APPROVE FIRST AMENDMENT TO HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland end the Cities of Walled Lake and Novi have entered into the Huron-Rouge Sewage Disposal System Walled Lake - Novi Vastawater Treatment Plant 1989 Enlargement Contract pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended; and WHEREAS it is necessary to approve a revised cost estimate for the project and to amend the aforesaid contract. THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAUD COUNTY, MICHIGAN, as follows: 1. The revised esthete of $7,455,000 as the cost of the Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement, as submitted to this Board of Commissioners, is approved and adopted. 2. The First Amendment to Huron-Rouge Sewage Diseosal System Walled Lake - novi Wastewater Treatment Plant 1989 Enlareement Contract, dated as of March 1, 1990, among the County, by and through the County Drain Commilsioner, party of the first part, and the Cities ef Walled Lake and Novi, parties of the second part, which First Amendment has been submitted to this Board of Commissioners, is approved and adopted, and the County Drain Commissioner is authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as maybe deemed advisable, after the First Amendment has been executed by the appropriate officials of the cities. The First Amendment reads as follows: FIRST AMENDMENT TO HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT CONTRACT THIS CONTRACT, made and entered into as of the first day of March, 1990 by and among the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to as the "County"), by and through its Drain Commissioner, County Agency, party of the first part, and the CITY OF WALLED LAKE and the CITY OF NOVI, home rule cities located in the County (hereinafter sometimes referred to as the "Cities"), parties of the second part. WITNESSETH: WHEREAS the County and the Cities heretofore have entered into the Huron Rove Sewage PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson 50 Commissioners Minutes Continued. February 22, 1990 -Disposal System Walled Lake - Novi Wastewater Treatment Plant 198e Enlargement Contract the "1989 Enlargement Contract") pursuant to the provisions of Act No. 342, Public Acts of Michigan. 1939, as amended; and WHEREAS it now is necessary to amend the 1989 Enlargement Contract. THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree that Sections 6 and 14 and Exhibit 8 of tee 1989 Enlargement Contract are amended to read as follows: 6. The Cities shall pay to the County the total cost of the Project (less such funds as may become available from other sources), which total cost of this purpose shall include, in addition to the items of the nature set forth in Exhibit B (Revised) (represented by the principal amount of the bonds to be issued by the County plus such funds as may become available from other sources), -all interest payable by the County on said bonds and all paying agent fees and other expenses and charges (including the County Agency's administrative expenses) which are payable on account of said bonds (such fees, expenses and charges being herein called "bond service charges"). The 'cost of the Project and the obligations of the Cities are allocated between the Cities as shown on Exhibit B (Revised) which is attached hereto and made a part hereof. Payments shall be made to the County in annual installments which shall he due and payable at least thirty days prior to tee day of the month specified in the County bends as the annual principal maturity date thereof.. An annual installment shall be paid in each year if any principal and/or non-capitalized interest on the bonds falls due during the twelve-month period beginning on such principal maturity date in said year. and the amount of each installment so due and payable shall be at least sufficient to pay each city's share of all such principal and/or interest thus falling due and all bond service charges then due and payable. The County Agency, within thirty days after delivery of the County bonds to the purchaser, shall furnish the Treasurer of each City with a complete schedule of the principal and interest maturities thereon, and the County Agency, at least thirty days before each payment is due to made by each City, also shall advise each City Treasurer of the amount payable to the County on such date. If a City fails to Make any payment to the County when due, the same shall be subject to a penalty of 1% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse a City from the obligation to made payment when due. Such payments shall be made by each City when due whether or not the Project has then been completed or placed in operation. In the event that additional County bonds shall be issued under the authority of this contract to defray a part of the cost of the Project, the foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. If a grant, advance or payment eecomes available from the state or federal government or any other source., each City hereby agrees to adopt such resolutions or ordinances as may be required by state or federal laws, regulations or orders to make the County and the Project eligible to accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment require a local contribution, each City hereby agrees to raise and make such local contribution. 14. Upon completion of the Project it shall be operated as part of the Walled Lake Arm in accordance with the Base Agreement. The Base Agreement is amended to provide that the maximum number of units which the County shall be required to serve within each City shall be as follows: City of Walled Lake 4,200 City of Novi 5,800 ' This First Amendment to Huron-Rouge Sewage Disposal System Walled Lake - NOYi Wastewater Treatment Plant 1989 Enlargement Contract shall become effective upon its execution by each party hereto and the expiration of 45 days after tee date or dates of publication of the notices required by Section 5b of Act 342; provided, however, that it, within the 45-day period, a proper petition is filed with the City Clerk of a City in accordance with the provisions of said Section 56 of Act 342 then this contract shall not become effective until approved by the vote of a majority of the electors of the City qualified to vote and voting thereon at a general or special election. This contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided, however, that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all bond service charges pertaining to said bonds. This contract may tie executed in several counterparts. The provisions of this contract shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by the undersigned, being duly authorized by the respective governing bodies of such parties, all as of the day and year first above written. COUNTY OF OAKLAND BY: Lounty Orain Commissioner (County Agency) CITY OF WALLED LAKE CITY OF NOVI By: By: Mayor Mayor By:By: -7111";) Ller Commissioners Minutes Continued. February 22, 1990 SI Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Moved by Crake supported by Caddell the resolution be adopted. AYES: Chester, Crake, Gosling, Huntopn, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell. (23) NAYS; None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 94037 By Planning and Buildieg Committee IN RE: Economic Development Division - RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (TIODIZE/MICHIGAN, INC. PROJECT) - CITY OF WIXOM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Cororatilans Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings uncer the Act for the benefit of such a project (TiodizeiMichigan. Inc. Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: 1. The Project Area, as described in Exhibit A attached hereto, as designated by the EDC to this Board is hereby certified as approved. 2. That, it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to conmercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. 3. That, it having been determined that there are less than eighteen (18) residents, real property owners, or representatives of establishments located within the Project District Arta, a Project Citizens District Council shall not he formed pursuant to Section 20(b) of the Act. 4. That the County Clerk is hereby directed to provide four certified copies of this resolution to the Secretary of the Board of the EDC, The Planning and Building Committee. by Larry Crake. Chairperson, moves for adoption of the foregoing resolution. A sufficient majority having voted therefor, the resolution was adopted. Misc. 90038 By Planning and Building Committee IN RE: Economic Development Division - CONFIRMATION OF APPOINTMENT OF ADDITIONAL EDC DIRECTORS (TIODIZE/MICHIGAN, INC. PROJECT) CITY OF WIXOM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of the Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Tiodize/Michigan. Inc. Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Ace); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said Economic Development Corporation PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Moved by Crake supported by Skarritt the resolution be adopted. AYES: Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester. (23) NAYS: None. (0) 52 Commissioners Minutes Continued. February 22, 1990 in connection with said Project, in accordance with Section 4(2) of the Act; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, as follows: 1. The appointments of William P. Barlow, III and Darwin Parks, who are representative of neighborhood residents and business interests likely to be affected by said Project to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2) of Act No. 338 of the Michigan Public Acts of 1974, as amended. William P. Barlow. III aed Darwin Parks shall cease to serve when the Project for which they are appointed is either abandoned or, if undertaken, is completed in accordance with the Project Plan therefor. 2. All resolutions or parts thereof in conflict with this resolution are hereby repealed, buts only to the extent of such conflict. 3. The County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of Economic Development Corporation. 'Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. Moved by Crake supported by Skarritt the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappagecrge, Perniek, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake. (23) NAYS: None. 10) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90039 • By Planning and Building Committee IN RE: Department of Public Works - AUTHORIZATION TO RECEIVE BIOS - MATERIALS MANAGEMENT CENTER To the Oakland County Board of Commissioners TV. Chairperson, Ladies and Gentlemen: WHEREAS a parcel of property on Oakland Avenue was recently acquired by the County; and WHEREAS this parcel contains a 20,800 gross square foot building; and WHEREAS it has been determined that the best use for this vacant building is as a warehouse for the Materials Management Division; and WHEREAS the cost of converting this vacant building into a warehouse has been estimated to be $630,000; and WHEREAS funding for this project is available in the Materials Management Center line item of the I990 Capital Improvement Program, NOW THEREFORE BE IT RESOLVED that the Department of Public Works, Facilities Engineering Division, be, and is hereby, authorized to advertise said project for bids, receive bids, and to report to the Planning and Building Committee upon receipt and tabulation of such bids. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson . Moved by Crake supported by Chester the resolution be adopted. AYES: Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Gosling. (23) NAYS: None. (D) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90040 By Public Services Committee IN RE: Animal Control - ESTABLISH 1990 MUNICIPALITIES ANIMAL CARE CENTER RATES FOR BOARDING AND DISPOSAL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of P.A. 339 of 1919 as amended (the Dog Law); and WHEREAS the Animal Control Division renders services to local jurisdictions on Purchase of Service Contracts; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #89012, dated February 9, 1989, established a unit price of $10.06 per day to be charged for board and care; and PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Commissioners Minutes Continued. February 22, 1990 53 WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #89013 dated February 9, 1989, established a unit price of $7.96 for disposal of small dead animals and a unit price of $9.12 for live small animals and a unit price of 52.16 for disposal of boarded animals; and WHEREAS the Oakland County Animal Cuntrol Division has. experienced an oscillation in animal care rates for boarding and disposa1. within the past three years -, primarily due to the erratic pattern in the total processings each year; and WHEREAS this fluctuation in rates has prompted a need to review the methodology for calculating the rates for boarding and disposal; and WHEREAS the Animal Control Division and the Department of Management and Budget have devised a method using a four-year moving average of total processings, which would result in a more accurate measure of total processings, as well as recovering true cost as detailed in the attached summary packet; and WHEREAS the Oakland County Animal Control Division and the Department of Management and Budget, through a cost analysis, recommend that the rates should be increased to a unit price not to exceed $8.45 for 'disposal of small dead animals and a unit price not to exceed $9.54 for live small animals be charged and a unit price not to exceed $2.34 for disposal of boarded animals be charged and a unit price noteto exceed $10.51 per day to be charged for board and care; and WHEREAS the government of Oakland County would recover 100% of its costs for disposal. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby establish a unit price not to exceed $8.45 for disposal of dead small animals be charged, and a unit price not to exceed $9.54 for disposal of live small animals be charged, and a unit price not to exceed 52.34 for disposal of boarded animals and a unit price not to exceed $10.51 per day for board and care be charged to municipalities purchasing service contracts with the Oakland County Animal Control Division. BE IT FURTHER RESOLVED that the County Executive is authorized to execute Purchase of Service contracts with local jurisdictions at the aforementioned rates. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard O. Kuhn, Or., Chairperson Copy of attachments on file in County Clerk's Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90041 By Public Services Committee IN RE: Community Development Division - PROPOSED RESOLUTION TO TRANSFER COMMERCIAL ASSISTANCE PROGRAM FUNDS (CAP) To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS Oakland County ha s been a recipient of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development since 1974 and has operated a residential rehabilitation program since 1976; and WHEREAS the County of Oakland by Miscellaneous Resolution #62283 of September 21, 1982 adopted the basic concept of utilizing Community Development Block Grant funds to leverage private financial resources for the rehabilitation of residential and commercial property; and WHEREAS the County of Oakland by Miscellaneous Resolutions #85158 of May 23, 1985, #96037 of February 27, 1986 and #87228 of September 3, 1987 designated coomunities and funding allocations for the Commercial Assistance Programs; and , WHEREAS the County of Oakland by Resolution #85118 of April 16, 1985 approved general criteria and procedures for the recapture and reallocation of unused CAP funds which reallocation procedure was modified by Resolution #88141 of May 26, 1968; and WHEREAS in accordance with the provisions of Miscellaneous Resolution #88141 regarding the criteria and procedure to reallocate the recaptured CA? funds, the Oakland County Community Development Division established the Oakland County Commercial Assistance Program (CAP) Loan Pool; and WHEREAS the Oakland County Community Development Division has determined an excessive uncommitted fund balance in the Commercial Assistance Program Loan Pool based on prior year's activities as reflected in Attachment A; and WHEREAS the Oakland County Community Development Division has experienced a decrease in HUD's allocation ($127,000.001, decrease in program income ($30,145.00) and a net increase in administrative costs ($42,855.00) totaling $200,000.00 for funding the 1990-91 program year; and WHEREAS the Oakland County Community Development Division recommends the transfer of 5200,000.00 from the 1955 CAP Loan Pool to the 1985 Oakland County Home Improvement Program Account for the purpose of maintaining the same program funding level for program year 1990-91 as it is for the current program year for the 49 participating communities and the Hume Improvement Program; and WHEREAS the Oakland County Community Development Citizens Advisory Council, by a vote of 54 Commissioners Minutes Continued. February 22, 1990 11-0, recommends approval of the transfer of $200,000.00 of 1985 Oakland County Commercial Assistance Program Loan Pool funds to the 195 Oakland County Home Improvement Program Account for the purpose of maintaining the same funding level for the 49 participating communities and the Home Improvement Program for program year 1990-91 as it is for 1989-90. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby )' - authorizes the transfer of $200,000.00 of 1985 Commercial Assistance Program Funds to the 1985 Oakland County Home Improvement Program Account for the purpose of providing the same level of funding for the 49 participating communities and the home improvement program for program year 1990-91 as it is for 1989-90. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Moved by Richard Kuhn supported by Susan Kuhn the resolution be adopted. AYES: Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron. Caddell, Chester, Crake, Gosling, Huntoon. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90042 By Public Services Committee IN RE: Sheriff Oepartment - CONTRACTED PATROL FOR OAKLAND COUNTY PARKS AND RECREATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS the Oakland County Board of Commissioners in its 1990-1991 Biennial Budget and General Appropriation Act transferred twenty (20) Safety Officer positions to the Sheriff's Department; and WHEREAS six (6) of these positions were considered Park Patrol and contracted for between the Public Safety Division and Parks and Recreation; and WHEREAS the Sheriff Department in conjunction with Parks and Recreation is proposing to contract for services per the attached agreement for one (1) Deputy II, two (2) Deputy I's and fifteen (15) Part-Time Non-Eligible Park Deputies. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Ummissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into an agreement with the Oakland County Parks and Recreation Division for the purpose of Law Enforcement Patrol Service at the rates included per Schedule A. BE IT FURTHER RESOLVED to create a new Part-Time Non-Eligible classification titled Park Deputy with the following hourly rates: BASE 1 YEAR 2 YEAR 6.59 —777T— 8.n BE IT FURTHER RESOLVED to take certain personnel actions in the Protective Service/ Contracted Patrol-Park unit (436-16) relative to the implementation of this contract: - 1. To delete three (3) vacant Deputy I positions (#02714, #06534, and 106734) 2. To reclassify one (1) Deputy I-S position to Deputy II-A (#01788) 3. To create fifteen (15) governmental Part-Time Non -Eligible Park Deputy positions funded for 600 hours each. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Zr., Chairperson The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. Report (Misc. 90012) By Personnel Committee IN RE: Institutional and Human Services/Community Mental Health - CREATION OF ONE (1) PART-TIME/ NON-ELIGIBLE TRAINING LEADER - U POSITION FOR THE ADULT DAY PROGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Commissioners Minutes Continued. February 22, 1990 55 Mr. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE. John P. Calandro, Chairperson Misc. 90012 By General Government Committee IN RE: Institutional and Human Services/Community Mental Health - CREATION OF ONE (1) PART-T1ME/ NON-ELIGIBLE TRAINING LEADER - U POSITION FOR THE ADULT DAY PROGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Community Mental Health Adult Day Program provides training in fundamental living activities to 133 sewely and multiply impaired individuals; and WHEREAS during employee absences, classroom responsibilities are assigned to a supervisor or a classroom of clients is resigned to several other classrooms for training by remaining staff; and WHEREAS these alternatives for the Adult Day Program are inappropriate programmatically and would also place Community Mental Health's Medicaid reimbursement eligibility in jeopardy; and WHEREAS the Community Mental Health Board requests one part-time/non-eligible 1,000 hour Training Leader - 0 position be created to cover for additional employee absenteeism; and WHEREAS funding is available in the division's budget, and no additional County funding is required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Community Mental Health Board's request to create one (1) part-time/non-eligible 1,000 hour governmental Training Leader - U position in the Adult Activities Unit of the Community Mental Health Division. BE IT FURTHER RESOLVED that future existence of this position will be contingent upon continuation of State funding at the same level. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Fiscal Note (Misc. 90012) By Finance Committee IN RE: Institutional and Human Services/Community Mental Health - Creation of One (1) Part-Time/ Non-Eligible Training Leader - U Position for the Adult Day Program To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90012 and finds: 11 The Personnel Committee recommends the creation of one (1) part-time non-eligible 1,000 hour Training Leader - U position be created in Conmunity Mental Health's Adult Activities Unit (#166-24) to cover employee absenteeism; 21 Position cost for 1990 equals $8,326, 1991 cost equals $9,B73; 3) Funds are available in the Adult Activities Lnit - Client Services Budget to cover the position cost, no additional appropriation is requested; 4) The following budget amendments are recommended: 1990 1991 4-22200-166-24-00-1001 Salaries $ 7,590 $ 9,000 4-22200-166-24-00-2020 Fringe Benefits 736 873 4-22200-166-24-00-3042 Client Services (8,326) (9,873) $ -0- $ -D- FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Skerritt supported by Olsen the resolutioe (with a positive Fiscal Note attached) be adopted. AYES: Johnson, R. Kuhn, S. Kuhn, Law, Luxor], McCulloch, Moffitt, Oaks, Olsen, Rappageorge, Perniek, Price. Rewold, Skarritt, eolf, Aaron, Caddell, Chester, Crake, Gosling, Huntoon, Jensen. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report By General Government Committee IN RE: ACT 641 SOLID WASTE PLANNING COMMITTEE APPOINTMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee hereby recoernends the appointment of the following 56 Commissioners Minutes Continued. February 22, 1990 individuals to the Solid Waste Planning Committee for two-year terms ending January 1, 1992: SOLID WASTE MANAGEMENT INDUSTRY (4) - Ronald S. Baker, Robert Ryan, Nick Medias, Thomas kaffen* .1 1 '41. (2) - Mary Shaw Moore*, Robert Seccombe COUNTY .GOVERNMENT (I) - Lawrence H. Pernick TOWNSHIP GOVERNMENT (I) - JoAnn VanTassel CITY GOVONMENT (1) - Edward Leininger 11MDIALFTSZErrigSTE PLANNING AGENCY (1) - Ted Starbuck GENLKAL PUBLIC (3) - James Meenahan, David Stinson*, John King NON-VOTING AMORY - Michael Miller, Claudia Filler, George Karas, Michael Tyler*, Chester Koop*, Sandra Dyl*, Thomas Biasell GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Crake the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Crake the appointments be confirmed. AYES.: R. Kuhn, S. Kuhn, Law, Lexon, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Huntoon, Jensen, Johnson. (21) NAYS: Gosling. Cl) A sufficient majority having voted therefor, the appointments to the Solid Waste Planning Committee (for two-year terms ending January 1, 19921 were confirmed. Misc. 90043 By General Government Committee IN RE: Board of Commissioners/Law Library - RECLASSIFICATION OF SECRETARY I POSITION AND CREATION OF STUDENT POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Secretary 1 position in the Law Library has recently become vacant; and WHEREAS the current needs of the department involve duties at the Library Technician level rather than the Secretary I level; and WHEREAS the steady increase in the volume of materials in the Law Library would warrant the full utilization of a student position; and WHEREAS these proposed changes would require no additional funding and would result in savings in salaries for 1990. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners downwardly reclassifies the vacant Secretary I position (00910) in the Law Library Unit of the Board of Commissioners to Library Technician h BE IT FURTHER RESOLVED that one (1) governmental Student position be created in the same unit. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. Misc. 90044 By General Government Committee IN RE: (SUPPORT) INSTALLATION OF EMERGENCY COMMUNICATION SYSTEM ON 1-696 To the Oakland County Board of ComMiSSioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS several communities near the recently opened final section of 1-696 have expressed concern about the lack of an emergency communication system or this heavily traveled roadway; and WHEREAS most of the through lanes are twenty feet below grade level which makes it extremely difficult, and possibly hazardous, to walk to an exit for assistance iR case of a vehicle accident or breakdown; and WHEREAS the Michigan Department of Transportation {M-DOT) has been deluged with resolutions and other correspondence from Oakland County citing the need for some sort of emergency Ili - erome Amber ATOP VIRCIRMEKT3 RCMP tNew Members Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. 57 Commissioners Minutes Continued. February 22, 1990 communication system; and WHEREAS ti-DOT has issued a statement saying, the matter is being studied"; and WHEREAS among the possible emergency commueicetion system alternatives, presumably included in the 1-DOT study, are individual telephones aed a cellular network of emergency stations, each with a push button for activation and a slot to speak into. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges M-OOT to expedite its study and install an Emergency Communication System on the new section of the 1-696 freeway. • BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Blanchard, State Legislators from Oakland, the County's Legislative Agent and the Oakland County Road Commission. Mr. Chairperson, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE • Richard G. Skarritt, Chairperson Moved by Skarritt supported by Chester the resolution be adopted. AYES: S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Gosling, Huntoon, Johnson, R. Kuhn. .(21) NAYS: Crake. (I) A sufficient majority having voted therefor, the resolution was adopted. In. accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. Representative Dave Jaye - Detroit People Mover Costs b. Iron County Bd. of Comm. - Oppose Hazardous Waste Dumps c. Iron County Bd. of Comm. - Volunteer Firefighting Training Funding d. Springfield Township - (Support) Property Tax Reform. Patterson-Anderson "PLANNING AND BUILDING a. Yamasaki Associates - Computer Services Construction Bids PUBLIC SERVICES a. 1Michigan Dept. of Natural Resources - 1990 Marine Safety Funding b. Judge Barry Grant - Sheriff's Security Commendation c. Michigan Dept. of Social Services-Children's Village - Special Investigation #63-13-16 OTHERS ---Taard D. Kuhn, Jr. a. Michigan Dept. of Social Services-Notice of Cooperative Reimbursement Program Contract Continuation Management & Budget a. Equalization - Ind. Fac. Exempt in Excess of 5% SEV-Miehtron Corporation City of Auburn Hills The Chairperson announced the next meeting of the Board wit] be March 8, 1990 at 9:30 A.M. The Board adjourned at 10:54 A.M. LYNN D. ALLEN ROY REWOLD Clerk Chairperson 58 OAKLAND COUNTY Board Of Commissioners MEETING March 8, 1990 Meeting called to order at 9:47 A.M. by Chairperson Roy Rewold in the Courthouse Auditorium, 1200 N. Telegraph, Pontiac, MI. . Roll called. PRESENT: Aaron, Bishop, Caddell, Calaudro, Chester, Ferrens, Bunton, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxou, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olson, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (25) ABSENT: Crake, Gosling. (2) Quorum present. Invocation given by Commissioner Donn L. Wolf. Pledge of Allegiance to the Flag. Moved by Jensen supported by Pappageorge the minutes of the February 22, 1990 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. . Moved by Olsen supported by Pernick the rules be suspended and the agenda amended for the following resolutions already on the agenda: PLANNING AND BUILDING COMMITTEE a. Solid Waste - Revision t* Westinghouse Contract for Construction of a 2000 TPD WTE Facility (Waive Rule XI -P - Direct referral to Finance Committee) GENERAL GOVERNMENT COMMITTEE a. Res. #90043, Board of Comm,/Law Library - Xl. (C). Finance Committee included in Multiple Referral) FINANCE COMMITTEE. d. Clerk/Register - Purchase of lmagelink Microfilm Equipment (Waive Rule XI. CE). Resolution did not originate in liaison committee.) PUBLIC SERVICES COMMITTEE a. Res. #90042, Sheriff's Department - Contracted Patrol for County Parks (Waive Rule XI. (C). Finance Committee included in Multiple Referral.) • Also, move Item "C" (listed under General Government Committee) and place as item "s" under Planning and Building Committee on the agenda. (Res. 90018 - Lake Name Change) A sufficient majority having voted therefor, the amendment carried. Vote on suspension of the rules to approve the emended agenda: AYES: Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Ferreus, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn. (24) .NAT: None. (0) Reclassification of Secretary (Waive Rule A sufficient majority having voted therefor, the motion to suspend the rules and approve 59 Commissioners Minutes Continued. March 8, 199G the amended agenda carried. The Chairperson made the following statement: "At thie time a Public Hearing is now called on the Pontiac Osteopathic Hospital Nursing Home EDE Project. Notice of the Public Hearing was published in the Oakland Press. Are there any persons present that wish to speak?" • Oakland County Treasurer, C. Hugh Dohany addressed the Board. No other pereone requested to speak and the Public Hearing was declared closed. Representatives of the Yamasaki Associates preseeted an update on the Courthouse Building Project. Sue Myslewiec and John King addressed the Board. Clerk read letter from Chairperson Roy Rewold announcing the following appointments to the Oakland County Cultural Council: Ms. Jennifer Davidson to replace Dr. Richard Watson for term ending December 31, 1990. Richard Dearth, Dr. Clarence Green, Ms. Phyllis Jose, Dr. Alicia Renfrew, Ms. Belen Torres M. Barbara 'nickel., Dr. Scott Westbrook II, Ms. Marcia Wiltshire, Mrs. Anetta Wonnberger and Robert' Yares for terms ending December 31, 1991. Moved by Pernick supported by Caddell the appointments be confirmed. A sufficient majority having voted therefor, the appointments were confirmed. Clerk read letter from Chairperson Roy Rewold announcing the appointment of David L. Moffitt to serve on the Duck Lake Improvement Board in West Bloomfield Township. There were no objections. Misc. 90045 Sy Finance Committee IN RE: Institutional and Human Servicea/Commuaity Mental Health - PROGRAM YEAR BUDGET ADJUSTMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Community Mental Health Division of the Department of Institutional and Human Services has an amended budget as of January 31, 1990 of $32,131,167i and WHEREAS the Michigan Department of Mental Health has awarded the Community Mental Health Board, its 1989/1990 program year (Oct.-Sept.) allocation which will reduce state revenues by $2,147,678 to $22,492,595; and WHEREAS this allocation would result in a reduction on County matching payments by $259,890, however, because of anticipated additions to Community Mental Health funding in 1990, it is recommended that the $259,890 remain in the CMH budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amend the 1990 Community Mental Health Division Budget, as detailed on the attached Schedule A, reducing revenues and expenses by $2,147,678. BE IT FURTHER RESOLVED that $259,890 'oe transferred from the Community Mental Health Unit budgets to an account entitled "Appropriation Contingency" in the CMH, Administration Division and that no expenditures will be allowed from this account withput prior approval by the Board of Commissionere Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Susan Kuhn the resolution be adopted. AYES: McConnell, McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Sleareitt, Wolf, Aaron, Bishop, Caddell, Calandra Chester, Ferreos, Huntoon, Jensen, Johnson, R. Kuhn S. Kuhn, taw, Lexon. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90046 • By Finance Committee IN RE: Treasurer's Office - AUTHORIZATION TO BORROW AGAINST DELINQUENT 1989 TAXES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS ad valorem real property taxes are imposed by the County and the local taxing 60 Commissioners Minutes Continued. March 8, 1990 units within the County on July 1 and/or December 1 of each year; and WHEREAS a certain portion of these taxes remain unpaid and uncollected on March 1 of the year following assessment, at which time they are returned delinquent to the County's treasurer (the "Treasurer"); and WHEREAS the Treasurer is bound to collect all delinquent taxes, interest and property tax administration fees that would otherwise be payable to the local taxing units within the County; and WHEREAS the statutes of the State of hIchlean authorize the County to establish a fund, in whole or in part from borrowed proceeds, to pay local taxing units within the County their respective shares of delinquent ad valorem real property taxes, in anticipation of the collection of those taxes by the Treasurer; and WHEREAS the County Beard of Commissioners (the "Board") has adopted a resolution authurizating the County's Delinquent Tax Revolving Fund, pursuant to Section 87b of Act No. 206, Michigan Public Acts of 1893, as amended ("Act 206"); and WHEREAS such fund hae been established to provide a source of monies from which the Treasurer may pay any or all deliequent ad valorem real property taxes that are due the County, and any city, township, school distract, intermediate school district, community college district, special assessment district, drainage district, or other political unit within the geographical boundaries of the County participating in the County's Revolving Fund program pursuant to Act 206 ("local units"); and • WHEREAS the Treasurer is authorized under Act 206, and has been directed by the Board, to make such payments with respect to delinquent ad valorem real property taxes (including the property tax administration fees assessed under subsection (6) of Section 44 of Act 206) owed in 1989 to the County and the local units (collectively, the -taxing units") that will have remained unpaid on March 1, 1990 (the "Delinqueot Taxes"); and • WHEREAS the Board has determined that in order to raise sufficient monies to adequately fund the Revolving Fund the County eust issue its 1990 General Obligation Limited Tax Notes, in one or more series, in accordance with Sections 87e, 87d, 87e, 87f, B7g and 89 of Act 206 and on the terms and conditions set forth below. NOW THEREFORE IT IS RESOLVED BY THE BOARD AS FOLLOWS: GENERAL PROVISIONS 101. Establishment of 1990 Revolving Fund. In anticipation of the program addressed in this Resolution and in accordance with Act 206, the County hereby establishes a 1990 Delinquent Tax Revolving Fund (the -Revolving Fund"), as a separate and segregated fund within the existing Delinquent Tax Revolving Fund of the County previously established by the Board pursuant to Section 87b of Act 206. 102. Issuance of Notes. The County shall issue its 1990 General Obligation Limited Tax Notes in one or more Series (the "Notes"), in accordance with this Resolution and Sections 87c, 87d, 87e, 871, 87g and 89 of 'act 206, payable in whole or in part from the Delinquent Taxes end/or from the other sources specified below. 103. Aggregate Amount of Notes. (a) The Notes shall be issued in an aggregate amount to be determined by the Treasurer in accordance with this Section. (b) The aggregate amount of the Notes shall not be less than the amuunt by which the actual or estimated Delinquent Taxes exceeds (i) the County's participating share of Delinquent Taxes and (ii) any sums otherwise available to fund the Tax Payment Account established under Section 702 (including any monies held in respect of Sectlon 704(c)). (c) The aggregate amount of the Notes shall not be greater than the sum of (i) the actual amount of the Delinquent Taxes pledged to the payment of debt service on the Notes, plus (ii) the amount determined by the Treasurer to be allocated to a reserve fund. Original proceeds of the Notes devoted to a reserve fund shall not exceed the lesser of (A) the amount reasonably required for those of the Notes secured by the reserve fund, (B) 10% of the proceeds of such Notes, (C) the maximum amount of annual debt service on such Notes, or (D) 1251 of average annual debt service on such Notes. (d) The aggregate amount of the Notes shall be designated by the Treasurer by written order after (1) the amount of the Delinquent Taxes, or the amount of Delinquent Taxes to be funded by the issuance of the Notes, has been estimated or determined, and (ii) the amount of the reasonably required reserve fund has bean calculated. Delinquent Taxes shall be estimated based on delinquencies experienced during the past three fiscal years and on demographic and economic data relevant to the current tax year, and shall be determined based on certification from each of the taxing units. The amount of the reasonably required reserve fund shall be calculated pursuant to such analyses and certificates as the Treasurer may request. 104. Proceeds. If the Notes are issued and sold before the Treasurer has received certification from the taxtng units of the amount of the Delinquent Taxes and if such certification is not reasonably anticipated to occur to allow distribution of the proceeds of the Notes within 20 days after the date of issue, the proceeds of the Notes shall be deposited in the County's 1990 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 1990 Tax Payment Account, 1990 Note Reserve Account and/or 1990 Note Payment Account, subject to and in accordance with Article VII. If the Notes are issued and sold on or after such time, the proceeds of the Notes shall be deposited directly into the County's 1990 Tax Payment Account, 1950 Note I 61 Cemmissioners Minutes Continued. March 8, 1990 Reserve Account and/or 1990 Note Payment Account, subject to and in accordance with Article VII. If the Notes are issued and sold on or after such time, the proceeds of the Notes shall be deposited directly into the County's 1990 Tax Payment Account, 1990 Note Reserve Account and/or 1990 Note Payment Account, as provided in Article VII, II FIXED MATURITY NOTeS 201. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued in accordance with this Article II. All reference to "Notes - in Article II refers only to Notes issued pursuant to Article 11, unless otherwise specified. 202. Date. The Notes shall be dated as of the date of issue or as of such earlier date specified by written order of the Treasurer. 203. Maturity and Amounts. Notes issued pursuant to this Article II shall be structuted in accordance with subsections (a) or (b) below, as deeeemined by the Treasurer pursuant to written order. (a) The first maturity of the Notes or of a series of the Notes shall be determined by the Treasurer pursuant to written order, bue shall not be later than one year after the date of issue, Later maturities of the Notes shall be on the firet anniversary of the preceding maturity or on such earlier date as the Treaeurer may specify by written order. The Notes shall be structured with the number of maturities determined by the Treasurer to be necessary or appropriate, and the last maturity shall be scheduled for no later than the fourth anniversary of the date of issue. The amount of each maturity shall be set by the Treasurer when the amount of Delinquent Taxes is determined by the Treasurer or when a reliable estimate of the Delinquent Taxes is'available to the Treasurer.. In determining the exact amount of each maturity the Treasurer shall consider the schedule of delinquent tax collections prepared for the tax years 1986, 1987, 1988 and, if available, 1989, and the corollary schedule setting forth the anticipated rate of collection of those Delinquent Taxes which are pledged to the repayment of the Notes. The amount of each maturity and the scheduled maturity dates of the Notes shall be established to take into account the dates on which the Treasurer reasonably anticipates the collection of such Delinquent Taxes and shall.allow for no more than a 10% variance between the debt service payment on each maturity date The Notes, and the anticipated amount of pledged monies avaieable on such maturity date to make payment of such debt service, (b) Alternatively, the Notes or a series of the elates may be structured with a single stated maturity falling not later than the fourth anniversary of the date of issue. Notes issued under this subsection (b) shall be subject to redemption on such terms consistent with Section 209 as Oman be ordered by the Treasurer, but in no event shall such Notes be subject to redemption less frequently than annually. 204. Interest Rate and Date of Record. (a) Except as otherwise provided in this paragraph, Notes issued pursuant to subseceion (a) of Section 203 shall bear interest payable semi -annually, with the first interest payment to he payable (i) on the first date, after issuance, corresponding to the day and month on which the maturity of such Notes falls or (ii) if the Treasurer so orders, eix months before such date. In the event (i) any maturity of the Notes arises either less than six months before the succeeding maturity date or less than six months after the preceding maturity date and (ii) the Treasurer so orders in writing, interest on the Notes shall be payable on such - succeeding or preceding maturity date. Subject to the following sentence, Notes issued pursuant to subsection (h) of Section 203 shall, pursuant to written order of the Treasurer, bear interest • monthly, .quarterly or semiannually, as provided by written order of the Treasurer. If Notes issued under this Article TI are sold with a variable rate feature as provided in Article IV, such Notes may, pursuant to written order of the Treasurer, bear interest weekly, monthly, quarterly or on any put date, or any combination of the foregoing, as provided by eritten order of the Treasurer. (b) interest shall not exceed the maximum rate permitted by law. (c) Interest shall be nailed by first class mail to the registered owner of each Note as of the applicable date of record, provided, however, that the Treasurer may agree with the Registrar (as defined below) on a different method of payment. (d) Subject to Section 403 it the case of Variable-rate Notes, the date of record shall be not fewer than 14 nor more than 31 days before the date of payment, as designated by the Ireaserer prior to the sale of the Notes. 205. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution and shall reflect all material terms of the Notes. Unleee the Treasurer shall by written order specify the contrary, the Notes shall be Issued in fully registered form both as to principal and interest, registrable upon the books of a note registrar (the -Registrar") to be named by the _e Treasurer. If the Notes are issued in bearer form the Treasurer shall appoint a paying agent (the "Paying Agent"). (The Registrar or Paying Agent so named may be any bank or trust company or other entity, including the County, offering the necessary services pertaining to the registration and transfer of negotiable securities.) 206. Denominations and Numbers. The Notes shall be issued in one or more denomination or denominations of e1,000 each or any ietegral multiple of $1,040 in excess of $1,000, as determined by the Treasurer. Notwithstanding the foregoing, however, in the event the Notes are deposited under a book entry depository trust arrangement pursuant to Section 208, the Notes shall, if. 1 , required by the depository trustee, be issued in denomireitione of $5,000 each or any integral -e-S , Commiesioners Minutes Continued. Nerch 8, 199n multiple of $5,000. The Notes shall be numbered from one upwards, regardless of maturity, in such order as the Registrar sheet determine. 207. Tceneter or Exchange of Notes. (a) eotes issued in registered form shall be teansferable on a note registrar eaintained with zeepect to the Notes upon surrender of the teensferred Note, together with an assignment executed by the registered owner or his oc her duly aetherized attorney-in-fact in form satisfactory to the Registrer. Upon receipt ef a peeperne aeuigned Note the Registrar shell authenticate and deliver a new Note or Notes in equal asgregate principal amount and like interest rate and maturity to tne designated transferee or transferees. (b) Notes may likewise be exchanged for one or more other Notes with the same interest rate and maturity in authorized denominations aggregating the same principal anount as the Note or Notes being exchanged, upon surrender of the Note or Notes and the submission of written instructions to the Registrar er, in case of bearer Notes, to the Paying Ageat. Upon receipt of a Note with proper written instructions the Registrar or Paying Agent shall authenticate and deliver a new Note or Notes to the owner thereof or to owner's attorney-ie-fact. (c) Any service charge made by the Registrar or Paying Agent for any such registration, transfer or exchange shall be paid for by the County as all expense of borrowing, unless otherwise agreed by the Treasurer and the Registrar or Paying Agent. The Registrar or Paying Agent may, however, requice payment by a uoteholder of a sum sufEicient to coves any tax or other governmental charge payable in connection with any such registration, transfer or exchange. 208. Soak Entry Depository Trust. At the option of the Treasurer and notwithstanding any contrary provision of Section 212, the Notes may be deposited, in whole or in part, with a depository trustee designated by the Treasurer uho enale transfer ownership of interests in the Votes by book entry sod who shall issue depository trust receipts or acknowledgments to owners of interests in the Notes. Such book entry depository trust arrangement, and the form of depository trust receipts or acknowledgments, shall be as determined by the Treasurer after consultation with the depository trustee. The Treasurer is authorized to enter into any depository trust agreement on behalf of the County upon such terms and conditions as the Treasurer shall deems appropriate and not otherwise prohibited by the terms of this Resolution. The depository trustee may be the same as the Registrar otherwise named by the Treasurer, and the Notes may be transferred in part by depositary trust and in part by transfer of physical certificates as the Treasurer may determine. 209. Redemption. (a) Subject to the Authority granted the Treasurer pursuant to subsection (c) of this Section (in the case of fixed-rate Notes) and to the authority granted the Treasurer pursuant to Section 404 (in the ease of variable-rate Notes), the Notes or any naturity or maturities of the Notes shall be subject to redemption prior to maturity on the terns act forth in subsection (b) below. (b) Notes scheduled to mature after the first data on which auy Notes of the series are scheduled to mature shall be subject to redemption, in inverse order of meturtty, on each interest payment date arising after the date of issue. (c) If the Treauurer shall determine such action necessary to enhance the marketability of the Notes or to reduce the interest rate to be °tiered by perspective purchasers on any eaturity of the Notes, the Treasurer may, by written order prior to the issuance of such Notes, (i) designate some or all of the Notes as non-callable, regardless of their maturity date, cad/or (ii) delay the first date on which the redemption of callable Notes would otherwise be authorized under subsection (b) above. (d) Notes of any maturity subject to redemption may be redeemed before their scheduled maturity date, in whole or in part, on any permitted redemption date or dates, subject to the written order of the Treasurer. Notes called for redemption shall be redeemed at par, plus accrued interest to the redemptiun date, plus, if the Treasurer so orders, a premium of not more than 1%. Redemption may be made by lot or pro eaten as shall be determined by the Treasurer. (e) With respect ea partial redemptions, any portion of a Note outstanding in a denomination larger than the minimum authorized denomination may be redeemed, provided such portion as well as the amount not being redeemed constitute authorized deaueinations. In the event less than the entire principal amount of a Note is called for redemption, the Registrar or Paying Agent shall, upon surrender of the Note by the owner thereof, authenticate and deliver to the owner a new Note in the principal amount on the principal portion not redeemed. (f) Notice of redemption shall be by first class mail 30 days prior to the date fixed for redemption, or such shorter time prior to the date fixed for redemption as may he consented to.by the holders of all outstanding Notes to be called for redemption. Such notice shall fix the date of record with respect to the redemption if different than otherwise provided in this Resolution. Any defect in any notice shall not affect the validity of the redemption proceedings. Notes so called for redemption shall not bear interest after the date fixed for redempticm, provided funds are on hand with a paying agent to redeem the same. 210. Discount. An the option of the Treasurer, the Notes may be offered for sale at a discount not to exceed n%. 211. Public or Private Sale. The Treasurer may, at the Treasureee option, conduct a public sale of the Notes after which sale the Treasurer shall either award the Notes to the lowest bidder or reject all bids. The conditions of sale shall be as specified In a eublished notice of Sale prepared by the Treasurer announcing the principal terms of the Notes and the offering. Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private sale of the Notes as provided in Act 206. If required by law or if otherwise determined by the Treasurer to be in the 62 63 Commissioners Minutes Continued. March 8, 1990 beet interest of the County, (a) the Notes shall be rated by a national rating agency selected by the Treasurer, (b) a good faith deposit shall be required of the winning bidder, and/or (c) CUSIF numbers shall be assigned to the Notes. If a public sale is conducted or if otherwise required by law or the purchaser of the Notes, the Treasurer shall prepare or cause to be prepared and disseminated an offering memorandum or official statement containing all material terms of the offer and sale of the Notes. Pursuant to any sale of the Notes, the County shall make such filings, shall solicit such information and shall obtain such governmental approvals as shall be required pursuant to any state or federal law respecting baek-up income tax withholding, securities regulation, original isuue discount or ether regulated matter. 212. Execution and Delivery. The Treasurer is authorized and directed to execute the Notes on behalf of the County by manual or facsimile signature, provided that if the facsimile signature is used the Nines shall be authenticated by the Registrar or any tender agent as may be appointed pursuant to Section 801(c). The Notes shall be sealed with the County seal or imprinted with a facsimile of such seal. The Treasurer is authorized and directed to then deliver the Notes to the purchaser thereof upon receipt of the purchase price. the Notes shall be delivered it the expense of the County in such city or cities as may be designated by the Treasurer. 213. Renewal, Refunding or Advance Refunding Notes. If at any time it appears to be in the best interests of the County, the' Treasurer, by written order, may authorize the issuance of renewal, refunding or advance refunding Notes. The terms of Lech Notes, and the procedures incidental to their issuance, shall be set subject to Section 309 and, in appropriate cases, Article X. III SHORT TERM RENEWABLE NOTES , 301. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued in accordance with this Article III. All references to "Notes" in Article III refer only to Notes issued pursuant to Article III, unless otherwise specified. 302. Date and Maturity. The Notes shall be dated as of their date of issuance or any prior date selected by the Treasurer and each issuance thereof shall mature on such date or dates not exceeding one year from the date of their issuance as may be specified by written order of the Treasurer. 303. Interest and Date of Record. The Notes shall bear interest payable at maturity at such rate or rates as may be determined by the Treasurer not exceeding the maximum rate of interest permitted by law on the date the Notes are issued. The date of record shall be not fewer than two nor more than 31 days before the date of payment, as designated by the Treasurer prior to the sale of the Notes. 304. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution and shall reflect all material terms of the Notes. The Notes shall, in the discretion of the Treasurer and consistent With Section 205, either be payable to bearer or be issued in registered .form. If issued in registered form, the Notes may be constituted as book -entry securities consistent with Section 208, notwithstanding any contrary provision of Section 308. 305. Denomination and Numbers. The Notes shall be issued in one or more deuomitation or denominations, as determined by the Treasurer. The Notes shall be numbered from one upwards, in such order as the Treasurer determines. 306. Redemption. The Notes ;shall not be subject to redemption prior to maturity. 307. Sale of Notes. The authority and obligations of the Treasurer set forth in Sections 210 and 711 respecting Fixed Maturity Notes shall apply also to Notes issued under Article III. 308. Execution and Delivery. The authority and obligations of the Treasurer set forth in Section 212 respecting fixed Maturity Notes shall also apply to Notes issued under Article III. 309. Renewal or Refunding Notes. (a) The Treasurer may by written order authorize the issuance of renewal or refunding Notes (collectively, "Renewal Notes"). Renewal Notes shall be sold on the maturity date of, and the proceeds of the Renewal Notes shall be applied to the payment of debt ;service on, Notes to be renewed. The maturities and repayment terms of the leenewal Notes shall be set by written order of the Treasurer. (b) In the order authorizing Renewal Notes, the Treasurer shall specify whether the Notes shall be issued in accordance with this Article III, in which event the provisions of Article III shall govern the issuance of the Notes, or whether the Notes shall be issued in accordance with Article II, in which event the provisions of Article II shall govern the issuance of the Notes.. The order shall also provide for and shall also govern with respect to: (i) the aggregate amount of the Renewal Notes; (ii) the date of the Renewal Notes: WU the denominations of the Renewal Notes; (iv) the Interest payment dates of the Renewal Notes; (v) the matutity or maturities oi the Renewal Notes.; (vi) the terms of sale of the Renewal Notes; .(vie) whether any Renewal Notes issued in accordance with Article II shall be subject to redemption and, if so, the terms thereof; and (viii) any other terms of the Renewal Notes consistent with, but not specified in, Article II or Article III. (c) Regardless of whether Renewal Notes need be approved by prior order of the Department of Treasury, the .Treasurer, pursuant to eectiot e9(3)(d) of Act 206, shall promptly report to the 64 Commissioners Minutes Continued. March 8, 1993 Department of Treasury the issuance of aay Renewal Notes. IV VARIABLE INTEREST RATE 401. Variable Kate Option. At the option of the Treasurer, exercisable by written order, the Notes, whether issued pursuant to Article I: or Article III, may be issued with a variable interest race, provided that the rate shall not exceed the maxioum rate of interest permitted by law. 402. Determination of Rate. The order of the Treasurer shall provide how often the variable interest rate shall be subject to recalculation, the formula or procedure for determining the variable interest rate, whether and on what terms the rate shall be determined by a remarketing agent in the case of demand obligations consistent with Section 801(d), and whether and on what tatms a fixed rate of intetest may be converted to or from a variable rate of interest. Such formula or procedure shall be as determined by the Treasurer but shall track, or float within a specified percentage band around, the rates generated by any one or more of the following indices: (i) Publicly reported prices or yields of obligations of the-United States of America; (ii) An index of municipal obligations periodically reported by a nationally recognized source; (iii) The prime lending rate from time to time set by any bank or trust company in the United States with unimpaired capital aud surplus exceeding e40,000,000;. (iv) Any other rate or index that may be designated by order of the Treasurer provided such rate or index is set or reported by a source which is indepeadent of and not controlled by the Treasurer or the County. The procedure for determining the variable rate may involve One or more of the above indices as alternatives or may involve the setting of the rate by a municipal boed specialist provided such L rate shall be within a stated percentage range of one or nore of the indices set forth above. 403. Date of Record. The Date of Record shall be not fewer than one nor more than 31 days before the date of payment, as designated by written order of the Treasurer. 404. Redemption. Notwithstanding any contrary provision of subsections (h) and (e) of Section 209 but subject to the last sentence of this Section 404, Notes bearing interest at a variable rate may be subject to redemption by the County and/or put by the holder at any time or times end in any order, as may be deterained pursuant to written order of the Treasueer. Notes shall not be subject to redemption more frequently than aonthly, 445. Renarketrng e Repurchase and Resale. (a) In the event Notes issued under this Article IV are constituted as demand obligations, the interest rate on the Notes shall be governed by, and shell be subject to, remarketing by a remarketing agent appointed in accordance with Section 801(c), under the terms of a put agreement employed in accordance with Section 841(d). (b) The County shall be authorized, consistent with Act 206 and pursuant to order of the Treasurer, to participate in the repurchase and resale of Notes,-in order to reduce the cost of, or increase the revenue, attendant to the establishment of the Revolving Fund and the issuance and discharge of the Notes. Any purchase of Notes pursuant to this subsection (b) shall be made with unpledged monies drawn from revolving funds eetabltshed by the County in connection with retired general obligation limited tax- notes, V MULTIPLE SERIES 501. Issuance of Nultip le At the option of the Treasurer, exercisable by written order, the Notes may be issued in two or more individually designated series. Each series shall bear its own rate of interest, which may be fixed or variable in accordance with Article IV. Various series need not be issued at the same time and may be issued feom time to tine in the discretion of the Treasurer exercisable by written order. In determining the dates of issuance of the reseective series the Treasurer shall consider, anong other pertinent factors, the impact the dates selected may have on the marketability, rating and/or qualification for credit support or lieuidity support for, or Insurance of, the Notes. The Notes of each such serees shall be issued according to this Resolution in all respects (and the term -Note e" shall be deeaed to include each series of Notes throughout this Resolution), provided that (a) The aggregate principal amount of the Notes of all series shall not exceed the maximum eneeregate amount permitted undee Section 103; (b) Each series shall be issued pursuant to Article It or Article III, and different series nay be issued pursuant to different Articles; (c) Each series shall be issued pursuant to Section 502 or Section 503, and different series may be issued pursuant to different Sections; (d) A series may be issued under Article II for one, two, or three -of the annual naturities set forth in Article II with the balance of the annual maturitieu beinglissued under Article II or under Article III in one or more other series, provided that the mininua annual maturities set forth in Section 203 shall be reduced and applied pre rata to all Notes so issued; and (e) The Notes of all series issued pursuant to Article II above shall not, in aggregate, mature in amounts or on dates exceed/die the manimum authorized maturities set forth in Section 203. .502. Series Secured Pan i Passu. If the Notes are issued in multiple series pursuant to 65 Commissioners Minutes Continued. Mareh a, 1950 this Article V, each series of Notes may, by written order of the Treasurer, be secured pan i passu with the other by the security described in and the amounts pledged by Article VII below. Moreover, such security may, pursuant to further order of the Treasurer, be segregated in accordance with the following provisions. (a) The Treasurer may by written order establish separate sub-accounts in the County's 1990 Note Reserve Account for each series of Notes, into which shall be deposited the amount borrowed for the Note Reserve Account for each such series. (b) The Treasurer may by written order establish separate sub-accounts in the County's 1990 Note Payment Account for each aeries of Notes, and all amounts deposited in the Note Payment Account shall be allocated to the sub-accounts. (c)(i) In the event separate sub-accounts are established pursuant to subsection (b) above, and subject to Paragraph (ii) below, the percentage of deposits to the County's 1990 Note Payment Account allocated to each sub-account may be set equal to the percentage that Notes issued in the corresponding series bears to all Notes issued under this Resolution or to any other percentage designated by the Treasurer pursuant to written order; provided that if the various series are issued at different times or if the various series are structured with different maturity dates, (I) sums deposited in the Note Payment Account prior to the issuance of one or more series may upon the issuance of each such series be reallocated among tht various sub-accounts established under Subsection (b) above to achieve a balance among the sub-accounts proportionate to the designated percentage allocation and/or (II) deposits to. the Note Payment Account may be allocated among the sub-accounts according to the total amount of debt service that will actually be paid frcm the respective sub-accounts. (ii) Alternatively, the Treasurer may by written order, rade the sub-accounts established ender Subsection (b) above in order of priority, and specify that each such subeaccoent shall receive deposits only after all sub-accounts having a higher priority have received deposits sufficient to discharge all (or any specified percentage of) Notes whose series corresponds to any of the sub-accounts having priority. (d) In the absence of a written order of the Treasurer to the contrary, the amounts in each sub-account established pursuant to this Section 502 shall secure only the Notes issued in the series for which such sub-account was established, until such Notes and interest on such Notes are paid in full, after which the amounts in such sub-accothet pay, pursuant to written order of the Treasurer, be added pro rata to the amounts in the other sub-accounte, and thereafter used as part of such other sub-accounts, to secure all Notes and interest on such Notes for which such other sub-accounts were created, until paid in full. Alternatively, amounts held in two or more sub-accounts within either the Note eserve Account or the Note Payment Account may be commiagled, and if ceeMingled shall be held pan i passe for the benefit of the holders of each series of Notes pertaining to the relevant sub-accounts. 503. Series Independently Secured. If the Notes are issued in multiple series pursuant to this Article I, each series of Notes may, by written order of the Treasurer, be independently secured in aceotdance with this Section 503. (a) Each series of Notes shall pertain to one or more taxing units, as designated by the Treasurer pursuant to written order, and no two series of Notes shall pertain to the same taxing unit, A school district, intermediate school district or community college district extending beyond the boundaries of a city in which it is located may, pursuant to written order of the Treasurer, be subdivided along the boundaries of one or more cities and each such subdivision shall be deemed a taxing unit for purposes of this Section 503. (b) Separate sub-accounts shall be established in the County's 1990 Tax Payment Account. Each sub-account shall receive the proceeds of one and only one series of Notes, and amounts shall be disbursed from the sub-account to only these taxing units designated as being in that series. (c) In the event Notes are issued for deposit into the Project Account established under Section 701, separate sub-Recounts shall be established in the Project Acueunt. Each sub-account shall receive the proceeds of one and only one seeies of Notes, and amounts shall be disbursed from the sub-account only to accounts, sub-accounts and/or taxing units designated as being in the series corresPondeeg to the sub-account from which diabursement is being made. (d) A separate sub-account shall be established in the County's 1990 Note Reserve Account for each series of Notes, into which shall be deposited the amount determiner] by the Treasurer uader Section 103 or Section 703 with respect to the series. Each sub-account shall secure one and only one series. (e) A separate sub-account shall be eetablished in the County's 1990 Note Payment Account for each series of Notes. Each sub-account shall be allocated only those amounts described in Section 704 which pertain to the taxing units included in the series corresponding to the sub-account. Chargebacas received from a taxing unit pursuant to Section 905 shall be deposited in the sub-account corresponding to the series in which the taxing unet is included. Amounts held in each sub-account shall Secure the debt represented by only those Notes included in the series corresponding to the sub-account, and disbursements from each sub-account may be applied toward the payment of only those Notes included in the series corresponding to the Sub-account, (f) The =taunts in each sub-account established pursuant to this Seetien 503 shall secure only the Notes issued in the series for which such sub-account was established, until such Notes and interest on such Notes ae paid in full, after which any amounts remaining in such sub-account shall' accrue to the County and shall no longer he pledged toward payment of the Notes. 66 Commissioners Minutes Continued. earch 8, 1990 VI TAXABILITY OF ISTeRLST 601. Federal Tax. The County acknowledges tect Lee eerrcet etale of Federal law mandates that the Notes be etructured as taxable obligations. Consequently, the Notes shell, subject to Article X, be issued as obileatious the interest on which is not excluded from gross income for purposes of Federal income tax. 62. State ot Micelean Tex. Consistent eith tee treatment accorded all oblieattoee ieeuee pureteant to Act 206, interest on toe Notes shall bs exempt fzom tte'imposition of the State of Michigan income tax and the State of Michigan single business tax, and the Notes shall not be subject to the State of Michigan intangibles tax. VII FUNDS AND SECURIn 701. Delinqueut Tax Project Account. If the Notes are issued and sold before the Treasurer has received certification from the taxing units of the amount of the Deliequent Taxes and if such certification is not reasonably anticipated in time to allow distribution of the proceeds of the Notes within 20 days after the date of issue, a 1990 Delinquent Tax Preject Account (the "Project Account") shall be established by the Treasurer as a separate and distinct fund of the County within its general fund. The Project Account shall receive all proceeds from the sale of the Notes, including any premium or accrued interest received at the time of sale. The Project Account shall be held in trust by an escrow agent, until the moeies therein are disbursed in accordance with this Article VII. The escrow ageet shall be a commercial Dank, shall be located in Michigan, shall have authority to exercise trust powers, and shall have a net worth in excess of $25,000,000. The form and content of the agreement between the County and the escrow agent shall be approved by the Treasurer. Subject to the following sentence, monies deposited in the Project Account shall be expended only (i) for the purpose of funding the Tax Payment Account established under Section 702 and (ii) to the extent permitted by Act 206, for the purpose of paying the expenses of the offering of the Notes. In the event the Treasurer by written order so directs, additional funding of the Project Account may be undertaken, and any surplus proceeds remaining in the Project Account after the Treasurer has completed the funding of the TaK Payment Account may be transferred to either the 1950 Note Reserve Account created under Section 703 or the 1990 Note Payment Account created under Section 704. Monies in the Project Account may 'ee disbersed by the escrow agent to the County's 1990 Tax Payment Account at any time and from time to time, upon receipt of a written requisition signed by the Treasurer. 702, 1990 Tax Payment Account. The County's 1990 Tax Payment Account (the "Tax Payment Account") is hereby established as a distinct account within the Revolving Fund. The Treasurer shall designate all or a portion of the proceeds of the Notes, not to exceed the amount of Delinquent Taxes, for deposit in the Tax Payment Account. If, however, the proceeds of the Notes are initially deposited in the Project Account pursuant to Section 701, the Treasurer is instead authorized and directed to teansfer monies included in the Project Account to the Tax Payment Account in accordance with the procedures set forth in Section 701. The County shall apply the monies in the Tax Payment Account La the payment of the Delinquent Teas or expenses of the borrowing in accordance with Act 206. The allocation of monies from the Tax Payment Account may be made pursuant to a single, comprehensive disbursement or may instead be made from time to time, within the time constraints of Act 206, to particular taxing units as monies are paid into the Tax Payment Account, such that the source of the monies (whether from the County's own funds, from the proceeds of a tax exempt borrowing or from the proceeds of a taxable borrowing) may be traced to the particular taxing unit receiving the funds. Moreover, and regardless of whether multiple series of Notes are issued, the Tax Payment Account may be divided into separate sub—accounts in order to allow the Treasurer to designate which taxing units shall receive borrowed funds and which shall receive funds otherwise contributed by the County. 703. 1990 Note Reserve Account. In the event funding is provided as described in this Section 703, the Treasurer shall establish a 1990 Note Reserve Account (the "Note Reeerve Account') as a distinct account within the Revolving Fund. Atter depositing all of the monies to fund the Tax Payment Account pursuant to Section 702, the Treasurer shall next transfer to the Note Reserve Account, either from the Project Account or directly from the proceeds of Notes, any proceeds remaining from the initial issuance of the Notes. In addition, the Treasurer may transfer unpledged monies from other County sources to the Note Reserve Account in an amount which, when added to any other amounts to be deposited in the Note Reserve Aceount, does not exceed the amount reasonably required for the Notes secured by the Reserve. Account or, if less, 20% of the total amount of the Notes secured by the Reserve Account. Except as provided below, all monies in the Note Reserve Account shall be used solely for payment of principal of, premium, if any, and interest on the Notes to the extent that monies required for such payment are not available in the County's 1990 Note Payment Account. Monies in the Note Reserve Account shall be withdrawn first for payment of principal oi, premium, if any, and interest on the Notes before County general funds are used to make the payments. All income or interest earned ey, or increments to, the Note Reserve Account due to its investment or reinvestment shall be deposited in the Note Reserve Account. ;Then the Note Reserve Account is sufficient to retire the Notes and accrued interest thereon, the Treasurer may order that the Note Reserve Account be used to purchase the Notes on the market, or, if the Notes are not available, to retire the Notes when due. If so ordered by the Treasurer, all or any specified portion of the ectu Reaseeve Account may be applied tceard . the redeeption of any Notes 67 Commissioners Minutes Continued. March 8, 1990 designated for yedemption in accordance with Section 209. 704, 1990 Note Payment Account.. (a) The County's 1990 Note Payeeat Account is hereby established as a distinct account within the Revolving Fund. (The County's 1990 Note Payment Account, as supplemented by monies held in any interim account that are designated for transfer to the 1994 Note Payment Account, is herein referred to as the "Note Payment Account%) The Treasurer is directed to deposit into the Note Payment Account, promptly on receipt, those amounts described below in Paragraphs (i), (ii), (iv) and (v) that are not excluded pursuant to Subsection (c) below. Furthermore, the Treasurer may, by written order, depoeit into the Note Payment Account all or any portion of the amounts described below in Paragraph (iii). (i) All Delinquent Taxes: (ii) All statutory interest on the Delinquent Taxes. (iii) All property tax administration fees on the Delinquent Taxes, net of any amounts applied toward the expenses of this borrowing. (iv) Any amounts that are received by the Treasurer from the taxing units within the County because of the uncollectability of the Delinquent Taxes. (v) Any amounts remaining in the Project Account after the transfers to the Tax Payment Account and Note Reserve Account have been made as specified in Sections 702 and 703. (b) Monies in the Note Paymeet Account shall be used by the County to pay principal of, premium (if any) and interest on the Notes as the same become due and payable. (c)(i) The Treasurer may by written order provide that only a portion of the sums described above in subsection (a) shall be deposited into the Note Payment Account and applied toward the payment of debt service on the Notes, in which event those sums which are withheld from the Note Payment Account shall be deposited tato the Tax Payment Account or, pursuant to further order of the Treasurer, applied toward any other purpose consistent with Act 206. The portion of any sums described in Subsection (a) which are withheld from the Note Payment Account pursuant to this Subsection shall be determined in accordance with the following Paragraph. (ii) Prior to the issuance of the Notes, the Treasurer 'Rey by written order specify a cut-off date not earlier than March 1, 1990, and only those sums payable to the Note Payment Account and received by the County after the cut-oft date shall be applied to the Note Payment Account. (d) The Treasurer may by written order provide that at such time as sufficient funds Shall have been deposited into the Note Payment Aceount to pay tw11 remaining amounts owed under the qotes the pledge on any additional monies otherwise payable to the Note Payment Account shall be discharged and such monies shall not be deposited into the Vote Payment Account or otherwise pledged toward payment of the Notes. (e) The Treasurer may by written order provide that in the event Notes are issued pursuant to Article III, amounts that would otherwise be included in the Noce Payment Account or the Note Reseeve Account (or any sub-account therein for a particular series of Notes) shall not include any amounts received by the County prior to the latest maturity data of any series of Notes previously issued under Article II and/or Atticle III. 745. Limited Tax general Obligation and PledFe. (a) The Notes shall be the general obligation of the County, backed by the County's full faith and credit, the County's tax obligation (within applicable constitutional and statutory limits) and the County's general funds. The County budget aha11 previde that if the pledged monies are not collected in sufficient amounts to meet the payments of the principal and interest due on the Notes, the County, before paying any other budgeted amounts, shall promptly advance from its general funds sufficient monies to pay such principal and interest. (b) In addition, the monies listed below are pledged to the repayment of the Notes and, subject to Section 901, shall be used solely for repayment of the Notes until the principal of, premium (if. any) and interest on the Notes are paid in full: (i) All amounts deposited or earned in any Project Account, until disbursed in accordance with Section 701; (ii) All net proceeds from the sale of the Notes deposited or earned in the Tax Payment Account, until disbursed in accordance with Section 702; (iii) All amounts deposited in any Note Payment Account pursuant to Section 704(a); (iv) All amounts deposited in the Note Reserve Account; (v) All amounts earned from the investment of monies held in the Note Payment Account or the Note Reserve Account; and (vi) Any supplemental monies placed in the Note Payment Account and drawn in the discretion of the Treasurer from unpledged sums held in respect of revolving funds established before August 1, 1986, which pledge shall be subject to such limitations or exceptions as shall be set forth in the written order of the Treasurer. (c) If the Notes shall be issued in various series pursuant to Article V, this pledge shall in the case of any independently secured series extend only to monies in accounts of sub-accounts pertaining to the particular series. (d) If the amounts so pledged are not sufficient to pay the principal and interest when due, the County shall pay the same from its general funds or other available sources. Pursuant to written order of the Tteasurer, the County may later reimburse itself for such payments from the Delinquent Taxes collected. 706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal, refunding or 68 Commissioners Minutes Continued. March 8, 1990 advance refunding Notes shall be secured by all or any portion of the same security securing the Notes being renewed, refunded or advance refunded. The Ironies pledged in Section 705 for the repayment of the Notes are also pledged for repayment of the principal of, and premium, if any, and interest on any renewal, refunding or advance refunding Notes issued pursuant to this Resolueion, and any such renewal, refunding or advance ref tug Notes shall be the general obligation of the County, backed by its full faith and credit, which shall include the tax obligation of the County, within applieable constitutional and statutory limits. ' 747. Use of Funds After Full Pa en or P ow for P ment. After all principal of, premium, if any, and interest on t e Notes have been paid in full or prevision therefor by investments of pledged amounts in direct nencallable obligations of the theited States of America In amounts and with maturities sufficient to pay all such principal, premium, if any, and interest when due, any further collection of Delinquent Taxes and all excess monies in any fund or account of the Revolving Fund, and any interest or income on any such amounts, may, pursuant to written order of the Treasurer and subject to Article V. he used fur any proper purpose within the Revolving Fund. VIII • SUPPLEMENTAL AGREEMENTS 8,01. Supplemental A5reements and Documents. The Treasurer, on behalf of the County, is authorized to enter into any or all of the following agreements or commitments as may, in the Treasurer's discretion, be necessary, desirable or beeeficial in connection with the issuance of Notes, upon such terms and conditions as the Treasurer may determine appropriate: (a) A letter of credit, line of credit, repurchase agreement, note insurance, or similar instrument, providing backup liquidity and/or credit support for the Notes; (b) A reimbursement agreement, revolving credit agreement, revolving credit note, or similar instrument, setting forth repayments of and security for amounts drawn under the letter of credit, line of credit, repurchase agreement or eteilar insteument; (c) A marketing, remarketing, placement, authenticating, paying or tender agent agreement or dealer agreement designating a marketing, remarketing, authenticating, paying, tender or placement agent or dealer and prescribing the duties of such person or persons with respect to the Notes; and (d) A put agreement or provision allowing the purchaser of the Notes to require the County to 'repurchase the Notes upon demand at such tines as may be provided in such put agreement or provision. ' 802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreemeut (the -Agreement') pursuant LQ Section 801 above, the Agreement may call for the issuance of one or more revolving credit notes (the "Revolving Credit Notes") for the purpose of renewing all or part of maturing Notes or Notes that have been put pursuant to a put agreement or provision, Such Revolving Credit Notes shall be issued pursuant to Article II or III, as appropriate, and in accordance with the following provisions: (a) Interest bn the Revolving Credit Notes may be payable on maturity, on prior redemption, monthly, bi-monthly, quarterly, or se otherwise provided it the Agreement. (b) The Revolving Credit Notes may mature on one or more date or dates not later than the final maturity date of the hotes„ as provided in the Agreement. (c) The Treasurer may, at the time of the original issuance of Notes, execute and deliver one Revolving Credit Note in e maximum principal amount not exceeding the lending commitment under the Agreement from time to time in force (and may substitute one such Note in a lesser principal amount for another in the event the lending commitment is reduced), provided that a schedule shall be attached to such Noce on which loan and repayments of principal and interest are evidenced and further provided that the making of a loan and the evideneleg of such loan on the schedule of any such Note shall constitute the issuance of a renewal Note for puepoees of this Resolution. IX MISCELLANEOUS PROVISICNS 901. Exaensee. Expenses incurred in connection with the Notes shall be paid from the property tax.administratiou fees collected on the Geliaquent Taxes and, if so ordered by the Treasurer, from any earnings on the proceeds of the offering or from other monies available to the County. 942. Aulication to De artment of Treaeur The Treasurer is authorized to make application to the Department of Treasury on behalf of the County for an order permitting the County tO make this borrowing and issue the Notes. If the Treasurer deems it appropriate, the Treasurer is alternatively authorized to apply to the Department of Ireaeery for an exception to prior approval. 903. fond Counsel. The Notes (and any renewal, refunding or advance refunding Notes) shall be delivered with the unqualified opinion of John R. Axe and Associates which selection of bond couneel may, at the option of the Treasurer, be for one or eore years. 904. Complete Records. The Ireasueer shall keep full and complete records of all deposits to and withdrawals from each of the funds and accounts In the Revolving Fund and any account or sub-account created pursuant to this Resolution and of all other transactions relating to such funds, accounts and sub-accounts, including investments of money in, and gain derived from, such funds and accounts. 69 s Commissioners Minutes Continued. March 8, 1990 905. Chargebacks. If by the date ehiah is three months prior to the final maturity date of the Notes sufficient monies are uot on deposit in the Note Payment Acceout and the Note Reserve Account to pay all principal of and interest on the Notes when due, Delinquent Taxes not then paid or recovered at or prior to the latest Lax sale transacted two or more months before the final maturity of the Notes shall, if necessary to ensure full and timely payment on the date of final maturity, be charged back to the local units in such fashion as the Treasurer may determine, end subject- to Article V, the proceeds of such chargebacks shall be deposited into the County's 1990 Note Payment Account no later than five weeks prior to the final maturity of the Notes. This Section 905 shall not be construed to limit the authority of the Treasurer under State law to charge back under other circumstances or at other times, 906. Investments. The Treasurer is authorized to Invest all monies in the Project Account, in the Revolving Fund or in any account or sub-account therein that is established pursuant to this Resolution in any one or more of the investments authorized as lawful investments for counties under Act No. 20, Public Acts of 1943, as amended, The Treasurer is further authorised to enter into a contract on behalf of the County under the Surplus Funds Investment Pcol Act, Act Ho. 367, Michigan Public Acts of 1982, as amended, and to invest in any investment pool created thereby 'monies held in the Project Account, in the Revolving Fund, or in any account or sub-account therein which is established pursuant to this Resolution. 907, Mutilaeed,'Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost, stolen or destroyed, the Treasurer may, on behalf of the County, execute and deliver, or order the Registrar or Paying Agent to authenticate and deliver, a new Note having a number not then outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or destroyed. In the case of a mutilated Note, a replacement Note shall not be delivered unless and until such mutilated Note is surrendered to the Treasurer or the Registrar or Paying Agent. In the case of a lost, stolen or destroyed Note, a replacement Note shall not be delivered unless and until the Treasurer and the Registrar or Paying Agent shall have received such proof of ownership and loss and indemnity as they determine to be sufficient. ARTICLE X TAX-EXEMPT REFUNDING 1001, Refunding of Taxable Debt. The County acktowledees that the current state of Federal law precludes the isssuance of the Notes as obligations the interest on which is exempt from Federal income tax. However, the County presently contemplates that anticipated amendments to the Internal Revenue Code of 1986 (the "Code") and/or the Treasury Regulate:ens issued thereunder (the "Regulations") will in the future permit the issuance of general obligation limited tax notes on a tax-exempt basis, and, in view of this expectation, the County, through the offices of the Treasurer, shall issue obligations to refund any or all outstanding Notes issued as taxable obligations, at the time, on the tame, and to the extent set forth in this Article X, 1042. Teming of Refuhding. The aforementioned refunding obligations (the "Refunding Notes") shall be issued after the effective date of any change in the Code, Regulations, Internal Revel-Sue Service pronouncements or Judicial rulings _which, as confirmed by the written opinion of bond counsel, permit the reseeding ef all or some of the outstanding Notes with proceeds from obligations the interest on which is excluded from gross income for purposes of Federal income tax. 1003. Extent of Retunding. Subject to the other provisions of this Section 1003, the Refunding Notes shall refund all Notes outstanding at or after the effective date of any change in the law described in Section 1002. This Section 1003 shall not, however, be construed to require the refunding of any Note prior to the time such Note may be refunded on a tax-exempt basis, nor shall this Section 1003 be construed to require the refunding of any Note, if that refunding 'would result in greater cost to the Couety (including inteeest expense, professional fees and administrative outlays) than would arise if the Note were to remain outstanding. 1004. Confirmatory Action. Subsequent to any change in the law described in Section 1002, the Board shall convene to consider any terms of the Refunding Bonds requiring specific ratification by the Board. 1005. Arbitrage Covenant and Tax Law Compliance.. In the event Refunding Notes are issued pursuant to this Article X, the following covenants &hall be observed by the County: (i) the County will make no use of the proceeds of the Reiunding Notes and will -undertake no other intentional act with respect to the Refunding Notes which, if such use or act had been reasonably expected an the date of issuance of the Refunding Notes or if such use or act were intentiohally made or undertaken after the date of issuance of the Refunding Notes, would cause the Refunding Notes to be "arbitrage bonds," as defined in Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), in the Regulations promulgated under Sections 103 and 148 of the Code or in any successor or supplementary provision of law hereinafter promulgated, (ii) the County will undertake all actions as shall be necessary to maintain the Refunding Notes as obligations the interest on which qualifies for the tax exemption provided by Section 103(a) of the Code, including, where appropriate and without limitation, filing informational returns with the Secretary of Treasury, keeping accurate account of all monies earned in any fund, account or sub-account authorized by this Resolution or any resolution adopted in accordance with Section 1004 above, certifying cumulative cash flow deficits of the County and the local units, and investing any required portion of the gross proceeds of the Notes, whether on behalf of the County' 70 Commissioners Minutes CouLinued. March 8, 1990 or the local units, in tax-exempt obligations or State and Local Government Series obligations; and (iii) the County well make timely payment to the United States of any investment earnings, realized by the County on the grass proceeds of the Notes, as may be subject to rebate under Section 148(f) of the Code, and, to the extent required under applicable law or deemed by the Treasurer to be in the best interest of the County pursuant to written order, the County's obligation to make such payment to the United States shall also aceount for excess investment earrings realized by local unit3 on all or a portion of the gross proceeds distributed to, and held by, the local units pursuant to Section 702. (iv) The Treasurer shall be directed to take such actions and to enter into such agreements and certifications, on behalf of the County, as the Treasurer shall deem necessary or appropriate to comply with the fcregeing covenants. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing rasolution. FINANCE CUMMITTEE C. William Caddell, Chairperson Moved by Caddell supported by Bishop the eeseletion be adopted. AYES: McCulloch, McPherson, Oaks, Olsen, Pappageerge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra Chester, Ferxens, Huntoen, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90047 - By Finance Committee IN RE: Treasurer's Office - AUTORIZAT1ON FOR ADMINISTRATIVE FUND DELINQUENT un TAXES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Administrative Fund is neceesary for the County Treasurer to administer the Delinquent Tax Revolving- Fund. NOW THEREFORE BE IT RESOLVED that the County Treasurer, pursuant to Section 87c, Sub-section (2), of Act 206, is designated as Agent 'for the Couoty, and the County Treasurer and the Treasurer's office shall receive such sume as are provided in Section 87c, Sub-section (3), for the services as Agent for the County and to cover administrative eepeases. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE CeaMITIEE G. William Caddell, Chairperson Moved by Caddell supported by Johnson the resolution be adopted. AYES: McPherson, Moffitt, Oaks, Olsen, Faepageerge, Parnick, Price, Rewold, Skarrict, Wolf, Aaron, Bishop, Caddell, Calanara Chester, Ferrens, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, (24) NAYS: None. (0) .A sufficient mejority having voted therefor, the resolution was adopted. Misc. 90048 By Finance Committee • IN RE: Clerk/Register of Deeds - PURCHASE OF IMAGELINK MICROFILM EQUIPMENT To the Oakland County Board of Commissioners Mt. Chairperson, Ladies and Cent)emen: WHEREAS record storage space in Oakland County has become scarce; and WHEREAS microfilming documents has alleviated some of the storage overload; and WHEREAS new technology allows for computer-assisted retrieval of microfilm records; and WHEREAS this technology also allows for future conversion of microfilm to optical disk storage; and WHEREAS the Clerk/Register of Deeds is requesting authorization to purchase a mainframe-compatible imagelink microfilmer as a step toweee automated retrieval of records; and WHEREAS funding is evailable in the Microfilm Funds undesignated balance to acquire the equipment at a cost of $22,028; and WilEREAS due to salary savings as a result of turnover, funding existe within the Microfilm budget to absorb the operating costs of the equipmeat. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commiesiuners approves the funding for the Imageliak microfilm out of the Microfilm Fund and authorizes the following ameadmene to the 1990/1991 Biennial Budget. including moving the location to a site to 2,000 IPD, enhancing architecture to tack, improving emissions controls, and changes listed above; 71 Commissioners Minutes Continued. March 8, 1990 4-65400-216-01-00-1001 4-65400-216-01-00-3304 4-65400-216-01-00-3342 4-65400-216-01-00-4894 Salaries Appreciation Depreciation Equipment Repaics and 1990 1991 $(6,sal) $(11,219) 1,681 2,242 Maintenance 0 2,177 Microfilm Supplies 4 9Q0 6,800 $ 0 $ 0 Mr. Chairperson, on resolution. behalf of the Finance Committee, I move the adoption of the foregoing F/NANCE COMMITTEE C. William Caddell, Chairpetson Moved by Caddell supported by Huntoon the Resolution . be adopted. AYES: Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop s .Caddell, Chester, Fereens, Huntooe s Jensen, Johnson, R. Kuhn, S. Kuhn, Law s Lusen, McCulloch, McPherson. (23) MAYS; None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90049 By Planning and Buildifig Gommittee IN RE: Department of Public Works - Solid Waste - REVISED CONTRACT DOCUMENTS WITH THE WESTINGHOUSE ELECTRIC CORPORATION FOR THE CONSTRUCTION OF A 2,000 TPD WASTE-TO-ENERGT FACILITY To the Oakland County Board of Cemmissionere Mr. Chairperson, Ladies arid Gentlemen: WHEREAS the Board of Commissioners, no March 9, 1989, by Miscellaneous Resolution #89062, approved a contract between the County of Oakland and the Westinghouse Electric Corporation for the construction and operation of a 1,500 tpd waste-to-energy facility at the County Service Center (Oakland Avenue Site); and WHEREAS this plant was originally envisioned as the first of three such facilities within the County; and WHEREAS the County's Solid Waste Management Plan has since been revised to incorporate aggressive volume reduction goals which call for substantially less waste-to-energy capacity then originallly envisioned; and WHEREAS the proposed site for the waste-to-energy facility has been changed to the City of Auburn Hills near the interseceten of Brown Road and Giddinge Road where substantial benefits are derived in terms of enhanced access and improved emissions control because of the lack of stack height limitations; and : WHEREAS county staff and consultants have been negotiating with Westinghouse over the terms and conditions of the construction and service agreements as they relate to an increased plant capacity of 2,000 tpd and the revioed site location. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the revised bid of Westinghouse Energy Corporation in the amount of $170,185,000 for the construction and operation of a 2,000 ton per day waste-to-energy facility and directs the Chairperson to jointly execute such ageeeeents along with the Oakland County Executive, Mr. Chairperson, on behalf of the Planuieg and Building Committee, I move the adoption of the foregoing resolution.. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Fiscal Note (Misc. 90049) By Finance Committee IN RE: Department of Public Works - Solid Waste REVISED CONTRACT DOCUMENTS WITH THE WESTINGHOUSE ELECTRIC CORPORATION FOR lelE CONSTRUCTIC .6 OF A 2,000 TPD WASTE-TO-ENERGY FACILITY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has revtewed Miscellaneous Reselutiou 490049 and Uncle: 1) The Board of Commissioners approved a contract between the County and Westinghouse Electric Corporation on March 9, 1989 for construction and operation of a 1,500 ton per day (TPD) facility at the Oakland County Service Center; 2) The construction price was $123,316,000; - 3) The county negotiated changes to the contract in Auburn Hills, increasing the facility size from 1,500 TPD blend with the site useage, increasing the height of the s eliminate the equipment to process steam; 4) The revised price is $170,185,000 including the COmmissionerS Minutes Continued. March 8, 1990 72 5) The price will not excalate until after June 30, 1990; 6) A condition precedent to authorization to begin construction is the sale of bonds to finance construction; 7) The repayment of the bonds and all operation, maintenance and administrative costs are to be paid from system reveuues including user charges in the form of tipping fees; 8) A separate resolution will be requited to authorize the county to proceed with bonding; 9) Opinions will se provided, before the March 8tn Board Meeting, by Corporation Counsel and Bish4, Cook relating to statements in the contract regarding affirmative .action, equal employment opportunity and retaining Oakland County firms in the construction project. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Chester supported by Johnson the resolution be adopted. Moved by Price supported by Moffitt the contract be amended on page 142, Section 18.04, following sentence 2 (after " because of sex, race, religion, color, national origin . or handicap") add the following sentence: "For example, the contractor will take affirmative action to ensure that applicants are employed; and that employees ate treated during empioymeot, without regard to their race, color, • religion, sex or national origin." Also, pages 33, 34 and 142 (which were distributed to the Commissioners) be included in the contract. A sufficient majority having voted therefor, the amendment carried. Moved by Price supported by Moffitt the language in the Contract will be approved by Corporation Counsel before it is co-signed by the Chairperson of the Board of Commissioners and County Executive. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Fattens, Huntoon, Jensed, Johnson, K. uhn, toxon, McCulloch, McPherson, Moffitt. (22) NAYS: None. ‘,0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90050 • By Planning And Building Committee IN RE: Corporation Counsel - Real Estate Section: Parks and Recreation - PURCHASE OF PROPERTY ADJACENT TO PARK ADMINISTRATION BUILDING, 2866 WATKINS LAKE ROAn, PONTIAC, MICHIGAN 48054, Tax Sidwell No.: 13-24-126-014 (0.86 ac) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission is desirous of purchasing a residential home with 0.86 acres of land adjacent to Parks and Recreation Administration Offices on Watkins Lake Road; and WHEREAS said property is presently offered for sale through Century 21, O'Neil; and WHEREAS the Oakland County Parks and Recreation Commission requested Corporation Counsel, Real Estate Section, to negotiate the purchase of said property, commonly known as 2866 Watkins Lake Road, Pontiac, Michigan 48054 0 Tax SidwelI No. 13-24-126-014; and WHEREAS the Department of Corporation Counsel has negotiated the purchase of this residence subject to an appraisal and approval of the Board of Commissioners; add WHEREAS said property was appraised by Craig Fuller of Fuller Appraisal Service, and reviewed by Paul Stoppert, M.A.I., of Stopeert Appraisal Services, at a range from 866,500 to $68,600; and - WHEREAS the County of Oakland's offer of $66,500 has been accepted by the owners, subject to approval of the Oakland County Board of Commissioners; and WHEREAS the Oakland County Parks and Recreation Commission recommends the purchase of this residence at 2866 Watkins Lake Road for future use and expansion; and WHEREAS the monies have been allocated for the acquisition of this subject property through the Parks and Recreation Comaissicn, Contingency Account Fund; and NOW THEREFORE BE IT RFSOnVED that the Okla. County Board of Commissioners authorizes the purchase of property located at 2866 Watkins Lake Road, Pontiac, Michigan, 48054, Tax Sidwell No. 13-24-126-014, for use by the Oakland County Parks and Recreation Commission in the sum of $66,500. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson 73 Commissioners Minutes Continued. March 8, 1990 The Chairperson referred the resolution to the Finance Committee. There were no ohjectiOns. Misc. 90051 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section - Oakland/Pontiac Airport - SANITARY SEWER EASEMENT TO WATERFORD TOWNSHIP - Sidwell No. 13-17-351-009 To the Oakland County Board of Coemissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland owns property located at 6500 Highland Road, Waterford Township, Michigan, Tax Sidwell No. 13-17-351-009, known as Oakland/Pontiac Airport; and WHEREAS the Township of Waterford is requesting an easement on County-owned property at the Oakland/Pontiac Airport for the operation and maintenance of a sanitary eewer on the leased property called Q Air Farts, Inc.; and WHEREAS the Airport Committee and Airport Manager have reviewed and recommend the granting of this easement request. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the granting of this easement to the Township of Waterford for the operation and maintenance of a sanitary sewer at the Oakland/Pontiac Airport. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson to execute the necessary documents to effect the same. • Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Chester supported by McCulloch the resolution be adopted. AYES: Olsen, Pappageorge, Peenick, Revold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calendro, Chester, Ferrens, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McCulloch, McPherson, Moffitt, Oaks. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90052 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section - QUIT CLAIM OF PERMANENT EASEMENT, CITY OF FARMINGTON HILLS, KENDALLWOOD AFN OF FARMiNGTON INTERCEPTOR To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • WHEREAS the County of Oakland obtained permanent easements across tax parcels 23-15-101-432 & 033 located in the City of Farmington Hills, for the purpose of conetructing and maintaining a sewage disposal system it the City of Farmington Hills; and 1 WHEREAS Orchard Ridge Limited Partnership has purchased this property for develepment of an office complex (Orchard Ridge Office Complex, Phase 11)1 and WHEREAS with the development of this area, the existing sanitary sewer location would not be consistent with, or suitable for developing of an office complex; and WHEREAS Orchard Ridge Limited Partnership has agreed to relocate this sewer and dedicate a new permanent easement at its expense in exchange for the quit claimeQ existing sabem'ents; an WHEREAS James Porter, P.S., Chief Engineer, Water 3nd Sewer, Department of Public Works, Oakland County, recommends the quit claim of this easement in exchange for a new permanent easeeent and relocation of the sanitary sewer. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opproves the quit claim of this easement in exchange Err a eew permanent easement and relocation of the sanitary sewer and further directs its Chairperson to execute the neceesary decuments to effect the same. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Chester supported by Wolf the resolution be adopted. AYES: Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Calandro, Chester, Ferrens, Huntoen, Jensen, Johnson, R. Kuhn, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 74 Cummiseioners hinutee Continued. March 8, 1950 Report (Mise.89325) By Planning aud Building Committee IN RE: USE OF RECYCLED PRODUCTS BY COUNTY DEPARTMENTS To the Oakland County Board of Cemmissioners Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution on January 30, 1990, and again or. February 27. 1990, reports with the recomeeudation that the resolution be adopted. The Plannine and Building Committee further reeommends approval of the Polley foe Nrehaee and Use of Recycled Products, dated February 27, 199G. Mr. Chairperson, on behalf of the Planning end Building cemmittee, I recommend acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Misc.Le9325 By Michael D. McCulloch IN RE: USE OF RECYCLED PRODUCTS BY COUNTY DEPARTMENTS To the Oakland County Board of Cpmmissioners Mr. Chairperson, Ladies and Cenelemen; WHEREAS Oakland eouuty is actively engaged in the development and management of solid waste disposal; and . WHEREAS in order to avert a crisis in solid waste, not only must the County develop a . solid waste disposal system, it :raise also educate and promote citizen awareeess of how to protect: our environment and conserve our limited natural resources; WHEREAS the County recognizes the value of recycling and has undertaken a preeeam of collecting items for re-glee, but has no comprehensive program for the -purchase and use of recycled products; and WHEREAS any viable recycling program requires active participation in both the collection of refuse for recycling and the use of recycled products. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby institute a policy of purchasing and/or using recycled products whenever feasible and does direct that the County Executive instruct the Director of Management and Budget to have the Purchasing Department develop a policy for submission to, and approval of, the Board of Commissioners which utilizes recycled products whenever feasible. Mr. Chairperson, I move the adoption of the foregoing rcsolutieo. Michael 3. MeCulloch, Commissioner District 11 • Moved by Chester supported by Pappageorge the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report wae accepted. Moved by Chester supported by Oaks the tesolution be adopted. Moved by McCulloch supported by Pappageorge the resolution be amended by changing the NOW THEREFORE BE IT RESOLVED paragraph to read: "NOW THEREFORE BE IT RESOLVED that the Oakland County Board of commissioners does hereby adopt and institute the attached policy of purchasing and/or using recycled products.' A sufficient majority having voted therefor, the ameudment carried. Vote on resolution as amended: elES: Pernick, Price, itewold, Searritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester,. Euntoon, Jensen, Johnson, R. Kelm, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageoege. (21) • NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Report (Misc. 90019) By Planning and Building Committee IN RE: COURTHOUSE SeCURITV elHeVel To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reviewed the above referenced resolution on February 27, 1990, reports with the recommendation that the resolution be adopted. M. Chairperson, on behalf of the Plant-at% and Building -Committee, I move acceptance of. the foregoing report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson 75 Commissioners Minutes Continued. March 8, 1990 Misc. 90019 By Commissioner James D. Ferrous IN RE: COURTHOUSE SECURITY SURVEY To the Oak/and County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS there has been preliminary discussion of the safety and security ramificatious within the Oakland County Courthouse expansion program; and WHEREAS the Ceurtheuee renovation plans must contain security measures which will safeguard and protect the citizens, employees and elected officials; and WHEREAS present building safety concerns need to be examined and temporary measures taken to minimize security risks while the renovation plans proceed. . NOW THEREFORE BE II ReSOLVEL that the Oakland County Board of Commissioners dyes hereby request that the Department of Facilities Engineering survey the security needs of the Courthouse tower, located at 1200 N. Telegraph Road, Pontiac, Michigan, and report its findings to the Planning and Building Committee; and BE IT FURTHER RESOLVED that the Division of Facilities Engineering develop an effective security system for said Courthouse, Mr. Chairperson, I move adoption of the foregoing resolutioy. James D. Ferrens, Commissioner Dist. e8 Lawrence Peenick, Ruel E. McPherson, A. Madeline Lnxon, Hubert Price, Jr., Lillian Jaffe Oaks, Dennis M. Aaron Moved by Chester supported by luxon the Planning and Building Committee report be accepted.- A sufficient majority leaving voted therefor, the report was accepted. Moved by-Chester supported by euxon the resolution be adopted. Moved by Olsen supported by Luxon the BE IT FURTHER RESOLVED paragraph be deleted. (BE IT . FURTHER RESOLVED that the Division of Facilities Engineering develop an effective security system for said Courthouse.") A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, Chester, Ountoon, Johnson, R. Kuhn, Luxon, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick. (18) RAYS: None. (0) A .sufficient majority having voted thecefor, the resolution, as amended, was adopted. Report (Misc. 90018) By Planning and Building Committee IN RE: LAKE NAME CHANCE - CHASE LAKE, ROSE TOWNSHIP To the Oakland County Board of Commissioners Mr. Chairpersou, Ladies and Gentlemen: The Planning and Building Committee having reviewed the above referenced resolution on February 27, 1990, reports with the recommendation the resolution be adopted. Mr. Chairpereon, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Cheirpeeeon Misc. 9001B By Commissioner Richard G. Skarritt IN RE: LAKE NAME CHANGE - CHASE LAKE, ReSE TOWNSHIP To the Oakland County Board of Comeeeeionere Mr. Chairperson, Ladies and Gentlemen: WHEREAS among the many beautiful lakes of Rose Township, Chase Lake, named for the Chase family, has suffered an inadvertent name change to Cheese Lake; and WHEREAS by Resolution of Roan Township, the Township Board has reqeested that the Oakland County Board of Commissioners take action to officially register the name Chase Lake with the Michigan Department of Natural Resources and to request that the U. S. Board of Geographic Names officially restore the lake to Chaee Lake. NOW THEREFORE BE IT RESOLVED that the name of Chase Lake be restored for the Lake located in the Southwest part of Sec. 21 and Northwest part of Sec. 28, Rose Township, Oakland County, Michigan, and that all future maps, reports and documents which may be published by the County of Oakland, State of Michigan, and the United States Government shall deSignate that Chase Lake is the officially adopted name. BE IT FURTHER RESOLVED that the County Clerk forward a ceccified copy of this resolution Commissieners Minutes CentIeeed. Meech e, 1990 ;t together with a map showine the particular geographic feature affected to the Geological Survey Division of the Department of Natural Resources, ad to the If_ S. Board of Geographic Names. Mr. Chairperson, I move the adoption of the foregoing resolution. Richard G". Skarritt, Commissioner Dist. #2 Moved by Chester supported by Skarritt the Planning and Building Committee Report be accepted. AYES: Rewold, Seurriet, Mole, Bishop, Chestee, R. Roim ,eeeen, McCulloch, Moffitt, Oaks, Olsen, eappageorge, Pernick, Price. (17) NAYS: None. (0) A sufficient majority having voted therefor, the report was accepted. Moved by Cheste= supported by Skarritt the resolution be adopted. AYES: Skarrttt, Wolt, Aaron, Bishop, Caddell, Calandro, Chester, Huntoon, Jensen, Johnson, R. Kuhn, McCounell, ecCulloce, McPhereen, Mctfitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold. (21) NAYS: Moue. (0) A sufficient majority having voted therefor, the resolution was adopted. hise. 90053 By 'Commissioner Mark W. Cheater IN RE: APPROVAL OF CONTRACT WITH OAKLAND COUNTY alFILDINe AUTflORITY FOR COMPUTER CENTER FACILITIES AND NOTICE THRKEFOR 'o the Oakland County Board of Commiestoners Mr. Chairperson, Ladies and leutlemen: WHEREAS the Oakland County Building Autnority (the -Authority") and the County ef Oakland. State of Michigan (the "County"), executed a Limited Tax Full Faith and Credit General Obligation Contract of Lease (the "Centrnec -) dated as of April 18, 1989; and WHEREAS the Autnority wan unable te eneec into a construction eonetact to build the facility described in the Conteact until recently; and WHEREAS as a result of the delay it is necessary that the Authority and the County emend the Contract in order that the Authority may cumply wttli the terms of the Contract including the construction completion dates anc the maturity schedule for the payment& described therein; and WHEREAS the proposed changes to the Contract will not substantially effect the financial obligations of the-County; and WHEREAS an amendment to Limited Tax Full Faith and Credit General Obligation 'Contract of Lease (the "Amendment') (attached hereto as Exhibit A) between the County aftd the AutheritY providing for the amendments has been prepared. NOM TREREFORE BE II RESOLVED that the Oak:tend County Board of Commissioners hereby approves the atteched Amendment. RE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners and the County Clerk are authorized to execute imeediately and deliver to the Authority the Amendment approved by this resolution. . BE 1T FURTHER RESOLVED that all eesolutiuna wed parts of resolutioas insofar as the aame conflict with the provleLone of this resolution be and the same aee hereby rescinded. • Mr' Chalrilern, I move adoption of the f.oreeolue resolution. Mark W. Chester, Coemissioner Dist. 010 Copy of Amendment to Limited Tux Full Faith and Credit General Obligation Contract of Lease on file in County Clerk's Office. Moved by Chester supported by Olsen the rules be suspended for immediate consideration 'of the, resolution. AYES: Wolf, Blehop, Caddell, Chester, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, MePhereon, Moffiet, Oaks, Olsen, Pappagecrge, Pernick, Price, Rewold, Skarritt. (21) NAYS: Aaron, Calaneeo. (2) A sufficient majority having voted therefor, the motion to suspend the rules carried. Moved by Chester $uuported by Pappeeeoree the resolution be adopted. 77 Commissioners Minutes Continued. March 8, 1950 AYES: Aeron, Bishop, Caddell, Chester, Huntoen, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Paepageorge, Pernick, Price, Rewold, Skarritt, Wolf. (22) NAYS: Calandro. (1) A eufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90042) By Personnel Cemmittee IN RE: Sheriff Department CDNTRACTED PATROL FOR OAKLAND COUNTY PARKS AND RECREATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above refereeced resolution on Febeuery 28, 1990, reports with the recommendation that the reselution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move accepeance of the foeegoing report. PERSONNEL COMMITTEE John F. Calandra Chairperson Misc. 90042 By Public Services Committee IN RE: Sheriff Department - CONTRACTED PATROL FOR OAKLAND COUNTY PARKS AND RECREATION To the Oakland County Board of Commissiuners Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contractual agreements for the purpose of Law Enforcement Patrol Services; and WHEREAS the Oakland County Board of Commissioners in its 1990-1991 Biennial Budget and General Appropriation Act transferred twenty (20) Safety Officer positions to the Sheriff's Department; and WHEREAS six (6) of theue positions were considered Park Patrol and eonetacted for between the Public Safety Divisive and Parks and eecreution, and WHEREAS the Sheriff Department in conjunction with Parks and Recreation is proposing to contract for services per the attached agreement for one (1) Deputy IL, two (2) Deputy I's and fifteen (15) Part-Time Non-Eligible Pork Deputies. NOW THEREFORE BE IT RESOLVED that the Oakland Uounty Board of Commissioners authorizes the Chairperson of the Board and the Oakland County Sheriff to enter into an agreement with the Oakland. County Parks and Recreation Division for the purpose of Law Enforcement Patrol Service at the rapes included per ettached Schedule A e BE IT FATHER RESOLVED to create a new Part-Time Non-Eligible classification titled Park Deputy with the following hourly races: BASE 1 YEAR 2 YEAR 6.59 7.71 . 8.82 BE IT FURTHER RESOLVED to take certain personnel actions en the Protective Service, Contracted Patrol-Park unit (436-16) relative to the Implementation of this contract: 1. To delete three (e) vacant Deputy I poeitions 00271(i, #06534, and #06734) 2. To reclassify one (1) Deputy I-S position to Deputy II-A 001780 e. To create fifteen (IS) governmeetal Part -Time Non-eligible Pare. Deputy positions funded for 60U hours each. Mr. Chairperson, on behalf of the Public Services Committee, I cove the adoption of the foregoing resolution. PUBLIC SERVICES COMeiTTEE Richard D. Kuhr', Jr., Chairperson Copy of Schedule "A" on file In County Clerk's Office. 'Fiscal Note (Misc. 90042) By Finance Committee IN RE: Sherelf's Department - CONTRACTED PATROL FOP. OAKLAND COCNTY PARKS An RECREATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuent to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90042 and finds: 1) The Sheriff's Department is proposing to enter into a contract with Oakland County Parks 00 Recreation to provide law enforcement patrol seevices beginning March 1, 1990 and ending December 31, 1991, 2) Funding for six (6) Deputy I-S positions and associated operating costs is included in the Sheriff's Department 1990-1991 Budget for the Parks patrol function as detailed in Schedule A-1. 3) The Sheriff's Department is requesting a staffing adjustment for this function by. deleting three (3) Deputy 1-S positions, reclassifying one (1) Deputy I-S position to Deputy II-A, and creating fifteen (15 PINE Park Deputy positions (new classification) at 600 hours each. 78 Commissioners Minutes Continued. March 8, 1990 4) The estimated annual cost to previde patrol services to Parks and Recreation is $234,783 in 1990 and $245,868 in 1991 as detailed in Schedule A. 5) These costs are consistent with the currently approved Law Enforcement Services AgreemenL for the Deputy with no fill-in contract rate. 6) Approval of this contract does not commit the County to any future obligation. 7) The future level of service Including peyeoenel ie contingent upon contrect renewal, • '8) Corporation Counsel hae reviewed and approved this zontract as to legal sufficiency. 9) Approval of this proposed contract and the corresponding staffing adjustment would necessitate the following budget amendments reduciag both revenue and expenditures in the Sheriff's Department 1990-1991 Budget as follows: Revenue: 1990 1991 • 3-10100-436-01-00-2531 Reimb. for Salaries $(67,971) $(67,045) Expenditute: 4-10100-436-16-00-1001 Salaries $ 4,894 $ 5,114 4-10100-436-16-00-1002 Overtime (3,520) (3,160) 4-10100-456-16-00-1004 Holiday overtime (11,780) (11,780) 4-10100-436-16-00-2070. fringe Benefits (28,852) (27,62) 4-10100-422-01-00-3772 Uniform Cleaning (273) (228) 4-10100-432-01-00-3774 Uniform Rpl. (525) (498) 4-10100-439-10-00-4820 Deputy Supplies 2,607 2;727 4-10100-439-01-00-6600 Radio Communications (4,565) (4,677) 4-10100-436-01-00-6610 Leased Vehicles (20,187) (21,403) 4-10100-431-01-00-6735 Insurance (5,770) (5,512) Sub-Total Expense $(67,971) $(67,045Y $ -0- $ -0- FINANCE COMMITTEE G. WU ...Jam Caddell, Chairperson Moved by Richard Kuhn supporeed by McPherson the Personnel Committee Report be accepted. A sufficient majority having voted therefoc, the report was accepted. Moved by Richard Kuhn supported by Huntoon l the resolution be adopted. AYES: Bishop, Caddell, Calandra, Chester, Bentoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McCennell, McCulloch, !icPhersen, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Reveld, Skarritt, Wolf, Aaron. (22) NAYS: None. () A sufficient majority having voted therefor, the resolution was adopted. Fiscal Report (tic. 90040) By Finance Committee IN RE: Animal Control - ESTABLISH 1990 MUNICIPALIY/ES ANIMAL CARE CENTER RATES FOR BOARDING AND DISPOSAL To the Oakland County Board of Commissiouers Mr. Chairperson, Ladies and Gentlemen: The Finance Committee has reviewed Miscellaneous Resolution 090040 and fieds: 1) The Public Servicee CvmmitLee has recommended the following 1950 Municipalities Animal Care Center Rates as detailed in Miscellaneous Reeolution g90040: Board Fee - Daily Disposal-Live Not Boarded Disposal -Live Boaeded Disposal -Dead $10.51 $ 9.54 $ 2.34 $ 8.45 2) A Lest analysis has determined that the eecummended increase in rates would continue to recover 100% of the cost for contracted Board and Care and Disposal eonsistent with County policy relative to munieipality disposal contracts. 3) The rate increases were anticipated in the 1990 Adopted Budget and, therefore, no budget amendments are required. Mr. Chairperson, on behalf of the Finance Ceemittee, T move the adoption of the foregoing report. FINANCE COMMITTEE G. William Caddell, Chairperson Misc. 90040 By Public Services Committee IN RE: &alma' Control - ES7ABLISe 1990 MUNICIPALITIES ANIMAL CARE CENTER RATES FOR BOARDING AND DISPOSAL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Geetlemen: 79 Commiseloners Minutes Continued. March 8, 1990 WHEREAS the Oakland County Animal Control Division administers the provisions of P.A. 339 of 1919 as amended (the Dog Law); aed WHEREAS the Animal Control Division renders services to local jurisdictions on Purchase of Service Contracts; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #89012, dated February 9, 1989, established a unit price of $10.06 per day to be charged for board and care; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution a89013 dated February 9, 1989, established a unit price of $7.98 for disposal of small dead animals and a unit price of $9.12 for live small animals and a unit price of $2.16 for disposal of boarded animals; and WHEREAS the Oakland County Animal Control Division has experienced an oscillation in animal care rates for boarding and diepasal within the past three years, primarily due to the erratic pattern in the total processings each year; and WHEREAS this fluctuation in rates has prompted a need to review the methodology for calculating the rates for boarding and disposal; and WHEREAS the Animal Control Division and the Department of Management and Budget have devised a method using a four-year moving average of total processines, which would result in a more accurate measure of total processings, as well as recovering true cost as detailed in the attached summary packet; and WHEREAS the Oakland County Azimal Control Division and the Department of Management and Budget, through a cost analysis, recemmend that the rates should be increased to a unit price not to exceed $8.45 for disposal of small dead animals and a unit price not to exceed $9.54 for live small animals be charged and a unit price not to exceed $2.34 for disposal of boarded animals be charged and a unit price not to exceed $10.51 per day to be charged for board and care; and WHEREAS the government of Oakland County would recover 100% of its costs for disposal. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby 'establish a unit price not to exceed $8.45 for disposal of dead small animals be charged, and a unit price not to exceed $9.54 for disposal of live small animals be charged, and a unit price not to exceed $2.34 for disposal of boarded animals and a unit price not to exceed $10.51 per day for board and care be charged to municipalities purchasing service contracts with the Oakland County Animal Control Division. BE IT FURTHER RESOLVED that the County Executive is authari2ad to execute Purchase of Service contracts with local jurisdictions at the aforementioned rates. Mr. Chairperson, on behalf of the Public Services Cemmitcee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Copy of attachments onjile in County Clerk's Office. Moved by Richard Kuhn supported by Pappagaorge the resolution be adopted. AYES: Caddell, CaIandro, Chester, Huntoon, Jensen, Johnson, R. Kuhn, law, Luxor:, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, eappagearge, rernick, Rewold, Skarritt, Wolf, Aaron, Bishop. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. The Chairperson vacated the Chair. Vice Chairperson Nancy OcConnell took the Chair. Report (Miee. 90043)- By Personnel Committee IN RE: Board of Commissionere/Law Library - RECLASSIFICATION OF SECRETARY I POSITION ANV CREATION OF STUDENT POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution on •February 28, 1990, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE Misc. 90043 John V. Calandre, Chairperson By General Government Committee IN RE: Board of Commissioners/Law Library - RECLASSIFICATION OF SECRETARY / POSITION AND CREATION OF STUDENT POSITION To the Oakland County Board of Commissioners Mt. Chairperson, Ladies and Gentlemen: WHEREAS the Secretary I position in the Law Library has recently become vacant; and WHEREAS the current needs of the department involve duties at the Library Technician I Commissioners Minutes Continued. March 8, 1990 level rather than the Secretary I level; and WHEREAS the steady increase in the volume of materials in the Law Library would warrant the full utilization of a student positioe; and WHEREAS these propoeed changes would require no additional funding and would result in savings in salaries for 1990. NOW THEREFORE BE :T RESOLVED that the Oakland County Board of Commiesionera downwardly reclassifies the vacant Ceereaacy I position (00910) in the Law Library Unit of. the Board of Commiseioners to Library Technician I. BE IT FURTHER RESOLVED that one (1) governmental Student position be created in the same unit. Mr. Chairperson, on behalf of the General Governeent Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMITTEE - Richaea G. Skarritt, Chairperson Fiscal Note (Misc. 30043) By Finance Committee IN RE; Board of Commissioners/Law Library - RECLASSIFICATION OF SECRETARY I POSITION AND CREATION OF STUDENT POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladles and Gentlemen: Pursuant to kale Xi- C of this Beard, the Finance Committee has reviewed Miscellaaeous Resolution 090043 and finds: 1) The resolution downwardly reclassifies a Secretary I to a Library Technician I and creates a Student position to be funded with the savings from the reclassification. 2) These changes will return $1,401 to Contiagcncy for the remainder of 1990 and $7,097 for 1991. 3) The 1990/1991 Biennial Budget should be amended as follows: 80 4-10100-513 -02-00-1001 4-10100-513-02-00-1090 4-10100-513-02-00-2075 4-10100-513-02-00-2090 4-10100-909-01-00-9900 Salaries Appropriation Salary Adjustment Fringe Benefits Approeeiatieu Fringe Benefit Adjustment Contingency 1990 1931 $ (355) $ (452) 0 (279) (1,036) (1,282) 0 1 401 2,097 $ -0- $ -0- FINANCE :',OMMITTEE. 3. William Caddell, Chairperson Waved by Riehaeli Kuhn supported by Oaks the resolution be adopted. AYES: Calaudro, Chester, Hantoon, Jeneen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPberaon, Moffitt, Oaks, Olean, Pappageorge, Pernick, Price, Skarritt, Wolf, Aaron, Bishop, Caddell. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted, The Chairperson returned to the Chair. Report (Misc. 90021) By General Government Committee IN RE: OPEN HOUSING CENTER FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard C. Skarritt, Chairperson Misc.90021 By Commissioners Lillian Jaffe Oaks and Hark W. Chester IN RE: OPEN HOUSING CENTER FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS cultural, ethnic, eelieloue and racial pluralism is a positive and appropriate model for neighborhoods and communities throughout the United States; and WHEREAS efforts to promote and encourage greater appreciation for those commuuities which reflect such pluralism warrant both public and private support; and - re ,r- I. 1—• "81 Commissionere Minutes Continued. Marcel 8, 1990 WHEREAS Cities, Villages and towns must continue to take affirmative steps to encourage people from all races, religions and ethnic backgrounds to live in their cities and avail themselves of the choice of where they wish to llve and utilize the services and amenities offered, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the concept of the Oakland County Center for Open Housing to build Community understanding and support for fair and open housing and to achieve a stable and intergrated housing process in Oakland County, and urges ocher communities within Oakland County to adopt resolutions of support for the Oakland County Center for Open Rousing. Mr. Chairperson, I move the adoption of the foregoing resolution. Lillian Jaffe Oaks, Commissitner Dist. 21 Mark W. Chester, Commiseioner Dist. 10 Moved by Skarritt supported by Paepageorge the resolution be referred back to the Public Services Committee for further study. Discussion followed. Commissioners Oaks requested Ann Wettlaufer (Co-Director of the Open Housing Center for Oakland .County) be allowed to address the Board. Mrs. Wettlaufer addressed the Board. Vote on referral; AYES: Chester, Huntooe, Jensen, Johnson, R. Kuhn, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro. (15) NAYS: Luxon, McConnell, McPherson, Oaks, Remick, Price, Aaron. (7) A sufficient majority having voted therefor, the motion to refer carried. Misc. 90054 By General Government Committee IN RE: SENATE BILL 440 - SUPPORT AMENDMENT TO PROVIDE ECONOMIC INCENTIVES FOR PUBLIC AND PRIVATELY-OWNED WASTE-TO-ENERGY FACILITIES To the Oakland Cuunty Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Senate Bill 440 and the House Substitute Bill provide state incentives for the use of recycled material, the purchase of compost from a qualified compost facility said for the sale of steam or electricity from a privately -owned, qualified resource recovery facility; and WHEREAS the Oakland County Boeud of Commissioners, by miseellaneous Resolution 089275, adopted October 26, 1989, supported Seeate Bill 440 with certain recommended amendments; and - . WHEREAS SB 440 as presently being considered by the state legislature would provide considerable cash incentives for owners of private resource recovery facilities, but fails to provide _incentives for municipally-owned resource recovery facilities; and WHEREAS landfill tipping fees are expected to be lower than tipping fees received at resource recovery facilities for an additional interim period, thus providing an economic disincentive for local governments that wish to pursue waste reduction goals; and WHEREAS Oakland County staff in cooperation with Detroit Edison, Consumers Power and the City of Detroit have developed language to amend SE 440 which will equitably deal with incentives for both public and privately-owned resource recovery facilities and will help offset the economics of the landfill tipping fee differential. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the Substitute Bill developed by Oakland County, Detroit Edison, Consumers Power and the city of Detroit (copy attached) which provides equitable incentives for both public arid privately-owned _resource recovery facilities and encourages waste volume reduction by offsetting part of the economic difference betweeti landfill and resource recovery facility tipping fees. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Michigan Association of Counties, legislators from Oakland Loenty and the County's Legislative Agent. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Jensen the resolution be adopted. AYES: Euntoon, Jensen, Joansen, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Fappagearge, Pernick, erica, Rewold, Skarritt, Aaron, Bishop, Caddell,• Calandra, Chester. (21) ' NAYS: None, (0) ABSTAIN: Wolf. • (1) • hr. Wolf stated he abstained from voting because of a possible conflict of intereet. A suifiriett majorit';' having voted therefor, trIE reselutten WaH adopted. 82 Commissioners Minutes Continned, March 8, 1990 Moved by Pernick supported by Price the Board reconsider the action taken on Resolution #90053 (APPROVAL OF CONTRACT WITH OAKLAND COUNTY BUILLING AUTHORITY FOR COMPUTER CENTER FACILITIES AND NOTICE THEREFOR). AYES: Luxon, McPherson, Oaks, Pernick, Price, Aaron, Calandra. (7) NAYS: Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Wolf, Bishop, Caddell, Chester, Huntoon. (16) A sufficient majority uot having voted therefor, the motion to reconsider failed. Misc. 90055 By Personnel Committee IN RE: Personnel Department - SALARY ADMINISTRATION FOURTH QUARTERLY REPORT FOR 1989 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for Grades 1 - 15 and Grades 16 - 21 provided for a review and appeal process for ' departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the Fourth Quarterly Report for 1989 was submitted to the Personnel Committee identifying the reviews requested and the salary grade changes recommended by the Personnel • Department after completion of this review process; and WHEREAS the Fourth Quarterly Report for 1989 also includes the job Evaluation Review Panel recommendations on salary grade placement of classes appealed to the Job Evaluation Review Panel and referred to the panel by the Personnel Committee; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from salary administration quarterly report recommendations; and WHEREAS the Personnel Committee has reviewed and approved this report; NOW THEREFORE BE IT RESOLVED that changes in salary grade placement and reclassifications be implemented as shown: Salary Grade Reclassify Classification From: To; to New Class Photo, Micro. Equip. Oper. II 6 7 Photo. Micro. Equip Oper III (Pos. #02238 only) Corrections Staff Asst. 15 16 Public Comm. Officer-P&K 13 14 Secretary II 8 9 Supv. Administrative Serv. (pos. #2837 in Coop. Ext.,only) General Maintenance Supervisor 13 14 Maintenance Supervisor /I 11 12 Office Supervisor II 10 12 Admin. Supv. FM60 (pos. ii0l354 in FM&O) Maintenance Supervisor I 9 10 Senior Personnel Technician 15 16 Supv - Classifications & Salaries (pos. #01946) Senior Personnel Technician 15 17 Supv-Labor Relations Merit System Admin. . Employee Records Specialist 8 9 Central Employee Records Coordinator (pos #3445 in Personnel only) Chief-Children's Village Intake Than 17 18 Chief-Children's Village Program Team 17 ld BE IT FURTHER RESOLVED that the overtime category for the Chief-Youth Assistance Services Classification be changed from exceptional overtime to no overtime. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandro, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. •Misc. 90056 By Commissioner Ruel E. McPherson IN RE: PROHIBIT INCINERATORS BEING WITHIN 30 MILES Of ONE ANOTHER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS besides the many existing sources of air pollution such as motor vehicles and manufacturing plants, incinerators are a relatively recent threat to air quality; and WHEREAS just last month the Michigan Air Pollution Control Commission put the City of Detroit an notice it must meet at pollution standards for its incinerator or the plant will be shut 83 Commissioners Minutes Continued. March 8, 1990 down; and . WHEREAS Detroit, despite months of testing, has failed to reduce the plant's mercury emissions to levels required under its initial agreements with the state; and WHEREAS this is just the latest in a number of incidents in which Michigan incinerators were cited for failing to meet air pollution standards; and WHEREAS because of these ongoing problems, it seems appropriate that restrictions should be imposed to control the number of incinerator facilities to protect people from excessive air pollution. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the introduction of legislation prohibiting construction of an incinerator facility within thirty miles of an existing facility. BE IT FURTHER RESOLVED that copies of this resolution be sent to all Oakland County Legislators and to the County's Legislative Agent. Mr. Chairperson, I move the adoption of the foregoing resolution. Reel E. McPherson, Commissioner Dist. #9 James Ferrens, A. Madeline Luxou . The Chairperson referred the tesolution to the Planning and Building Committee and General Government Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. Holly Township -(Support) Oakland County Road Commisison 10-Year Plan b. Orion Townehip -(Support) Oakland County Road Commission 10-Year Plan ' c. City of Oak Park -(Support) Oakland County Road Commission 10-Year Plan d. City of Walled Lake -(Support) Oakland County Road Commission 10-Year Plan e. Highland Township -(Support) Oakland County Road Commission 10-Year Plan PUBLIC SERVICES a. Community Development - Emergency Shelter Grant There were no objections to the referrals. The Chairperson announced the following changes in future schedule Board meetings: April 26, 1990 will be a night meeting and May 10, 1990 meeting is cancelled. The next meeting of the Board will be March 22, 1990 at 9:30 A.M. The Board adjourned at 12:05 P.M. LYNN D. ALLEN ROY REWOLD -- Clerk . Chairperson • OAKLAND COUNTY Board Of Commissioners MEETING March 22, 1990 Meeting called to order by Chairperson Roy Rewold at 9:53 A.M. in the Courthouse Auditorium, 1200 N. Telegraph, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappaueurge, Pernick. Price, Rewold, Skarritt, Wolf. (26) ABSENT: Calandro. (1) Quorum present. Invocation given by Commissioner Dr. C. William Caddell. Pledge of Allegiance to the Flag. Moved by McCulloch supported by Crake the minutes of the March 8, 1990 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Olsen supported by Pernick the rules be suspended and the agenda amended for the following: ITEMS ALREADY ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE a. Drain Commissioner - Creation of One Civil Engineer III Position. (Waive Rule XI F - Direct referral to Finance Committee; and Waive Rule XXVII-5 day Notification for Personnel Committee Report (Committee met 3/22/90) ITEMS NOT ON PRINTED AGENDA PERSONNEL COMMITTEE b. Tax Deferment of Probate Judges Retirement Contributions. (Waive Rule XXVII -5 day Notification (Committee met 2/22/90) Also the agenda be amended to add Communications to the agenda. A sufficient majority having voted therefor, the motion to suspend the rules carried. Vote on agenda as amended: AYES: McConnell, McPherson, Moffitt, OaKs, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop. Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law. Luxon. (25) • NMS: None. (0) A sufficient majority having voted therefor, the agenda, as amended, was approved. Clerk read letter from Chairperson Roy RewolO announcing the appointment of Andrew Haliw of Farmington Hills as the public member of the Community Corrections Advisory Board for a term ending July 20, 1993. Moved by Moffitt supported by Jensen the appointment be confirmed. A sufficient majority having voted therefor, the appointment was confirmed. 84 1990 $40,00C $20,385 1991 $80,000 $43,770 27,830 11,400 $80,000 the .a-,-D-FET&I of the foregoing 85 Commissioners Minutes Continued. March 22, 1990 Clerk read letter from Chairperson Rey Rewold reqceetine confirmation of Mieeaal D. Gore as a Director of tne Lconomic ueveropMent Corporation IEDC) or the County of -Oakland who County Executive Daniel Murphy recently appointed to fill the unexpired term of William Waterman whose term ends April 30, 1992. There were no objections to the appointment. Lawrence R. Pernick, Democratic Caucus Chairperson, presented "Build for Tomorrow" - a State of the County Message, Democratic Perspective. (Copy on file in Comety Clerk's Office) Gisela Lendle King of Rose Township addressed the Board. Misc. 90057 By Finance Committee IN RE: Department of Computer Services - EXPANSION OF IN-CAR TERMINAL BUDGET To the Oakland County Board of Commissioners Mr. Chairperson, Ladies wed eentlemect WHEREAS Miscellaneous Reeolution #88175 authorized tee Courty Executive to implement the In-Car Terminal Project; and WHEREAS the 1990-1991 Biennia', Bedget included revenue and expenditures for 375 in-car terminals; and WHEREAS due to the success of the project, additional terminals have been requested by municipalities; and WHEREAS the Department of Computer Services requests the In-Car Terminal Budget be amended to add 40 terminals in 1990 and 40 terminals in 1991 at the current lease/purchase charge of $1,000 per year per terminal for seven 17) years. NOW .THEREFORE BE IT RESOLVE: that the Oakland Coenty Board of Commissioners authorizes further expansion of the In-Car Tereinal Project by 40 terminals in 1990 and 40 terminals in 1991. BE IT FURTHER RESOLVED that aweedments be made to the Computer Services - In-Car Terminal Budget as follows: Revenue 3-87300-183-01-00-2211 In-Car Terminals Expenditures 4-63700-183-01-00-3304 Depreciation 4-63700-183-01-00-3701 Software Rental Lease/ Purchase 4-63700-183-01-00-6360 Computer Services-Operations Mr. Chairperson, on behalf of the resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Pappaeeorge the resolution be adoptee. A sufficient majority having voted tnerefer, the resolution was adapted. Misc. 90058 By Finance Committee IN RE: Department of Management and Budget - 1989 YEAR ENO REPORT AND BUDGET AMENDMENTS To the Oakland County Board of Commissiorers Mr. Chairperson, Ladies and Gentlemen: WHEREAS all accounts have been posted and final adjustments made for 1989; and WhEREAS Restatement #1 of the Government Accounting, Auditing, and Financial Reporting Standards requires that encumbrances and aapropriatians carried forward be treated as a designated fund balance at year-end and that such amcunte be reappropriated in the subsequent year in order to be available for expenditures; and WHEREAS the results of operations after consideration of expenditures, accruals, encumbrances, appropriations carried forward, transfers, adjustments, arid closing entries produces an excess of available resources over total charges as reflected in the attached schedules; and WHEREAS the balance as of December 31, 1989 was $5,0e9.093 of which $2.200.000 was committed to the 1990 budget by Miscellaneous Resolution #89328 leaving an uncommitted balance of $2,809,093; and WHEREAS the County is actively pursuing Solid Waste Public Education and the implementation of a Material Recovery Facility, which should be under construction prior to the sale of Solid Waste System bonds; and WHEREAS the General Fund will be reimbursed for these costs with interest after the sale of Solid Waste System bonds.. 13,915 5,7C0 $A0,000 Finance Committee, I move Commissioners Minutes Continued. March 22, 1990 NOW THEREFORL BE I RESOLVED that the report of operations is accepted and the results of operations by line-item after inclusion of expenditures, accruals, encumbrances, appropriatinns carried forward, transfers, adjustments and closing entries are approved. SE IT FURTHER RESOLVED tnat the various line-items in the 1990 budget be amended to include the encumbrances in the amount of $154,785.42 and appropriations carried forward in the amount of $3,391,500.71 as detailed in the attached schedules. BE IT FURTHER RESCLVED that the following adjustments to the designated fund balance be approved: Balance before adjustments: Add to General Fund Balance: Repayment of advance for C.O.S.D.S. Pontiac Township f3 $ 14,072 Adjustment for decrease in petty cash 385 Close Fund Balance of Indigent Housing 54,668 Total Additions $ 69,129 Balance after Adjustments: $5,009,093 Less Amount Committed to 1990 Budget 2,200.000 Balance Available $2,809,093 BE IT FURTHER RESOLVED that the excess of $2,809,093 is recognized as the undesisnated General Fund Balance as of December 31, 1989. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: Revenue 3-10100-909-01-00-5901 Prior Year Balance $2,809,093 Expenditures 4-10100-901-01-00-5912 Special Contingency $2,809,093 . (For Solid Waste) Mr. Chairperson, on benalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Attachments to the resolution on file in County Clerk's Office. Moved by Caddell supported by Crake the resolution be adopted. AYES: McCulloch, McPherson, Moffitt, Caks, Clsen, Pappageorge, Pernick. Price. Rewold, Skarritt, Wolf, Aaron, Bishoo. -Caddell, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell. (251 NAYS: None. (C) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90059 By Finance Committee IN RE: Treasurer - INCREASE IN GENERAL FUND 11IPREST CASH FOR ON-LINE JURY PAYMENT SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Computer Users Advisory Committee has approved implementing an on-line check processing system for same -day payment to jurors; and WHEREAS this will recuire an increase in the General Fund Imprest Cash Account, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a $25,000 increase in the General Fund Imprest Cash account. Mr. Chairperson. on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITUE G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adapted. AYES: McPherson, Moffitt, Oaks, Olsen, Pappageprge, Pernick, Price, Revold, Skarritt, Wolf, Aaron, Bishop, Caddell, Cnester, Crake. Ferrens. Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch. (25) NAYS: None. (0) A sufficient majority having voted therefor, toe resolution was adopted. 86 $4,939,968 3-10100-611-01-00-2529 Expenditures: 4-1010C-611-01-00-1001 4-10100-611-01-00-1090 4-10100-611-01-00-2074 4-10100-611-01-00-2090 4-10100-611-01-00-5998 4-10100-909-01-00-9900 87 Commissioners Minutes Continued. March 22, 1990 Report (Misc. 90060) 8y Personnel Committee IN RE: Drain Commissioner - CREATION OF ONE ADDITIONAL CIVIL ENGINEER III POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson. on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE • John P. Calandro, Chairperson Misc. 900E0 By Planning and Building Committee IN RE: Drain Commissioner - CREATION CF ONE (1) ADDITIONAL CIVIL ENGINEER III POSITION . To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS since preparation of the Drain Commissioner's 1990 budget in the summer of 1989, there has been a significant increase in new water, sewer, and drainage projects; and WHEREAS the municipalities involved, including the City of Orchard Lake Village, City of Farmington Mills, and Waterford Township, would like design and construction of the new facilities as soon as possible; and WHEREAS due to the size of the projects involved and the urgency of engineering attention; the Civil Engineer III classification has been identified as appropriate; and WHEREAS the Drain Commissioner has recently reviewed the activity of the Engineering Unit, and toneluded that all personnel are fully assigned; and WHEREAS the Drain Commissioner is committed to providing all costs associated with this position, including salary and benefits, from charges to the applicable projects, thereby not receiving any general fund expenditures for this request. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners create one (1) governmental position of Civil Engineer III in the Engineering unit of the Drain Commissioner's Department. BE IT FURTHER RESOLVED that position continuation be dependent on sufficient project revenues to fully cover salary and benefit cost. Mr. Chairperson, on behalf of the Planning and Building Committee I move the adoption of the foregoing resolution. Fiscal Note (Misc.90060) By Finanee Committee IN RE: Drain Commssioner - CREATION OF ONE (I) ADDITIONAL CIVIL ENGINEER III POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution 160060 and finds: 1) An additional Civil Engineer III position is needed due to new projects requiring immediate attention. 2) The position will be fully funded by project revenues, and continuation of the position is dependent on continued revenues. 3) A one-time appropriation of $2,500 is being requested by the Drain Commissioner for office furniture. 4) The 1990/1991 Biennial Budget should be amended as follows: 'Revenues: PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson 1990 1991 Reimbursement for Salaries $40,709 $537576 $28,608 $38,144 0 1,716 12,101. 16,135 0 515 2,500 0 $43,209 $56,510 (2,5001 0 $40,709 $56,510 $ 0 $ 0 FINANCE COMMITTEE G. William Caddell, Chairperson Salaries Salaries Adjustment Fringe Benefits Fringe Adjustment Capital Outlay Subtotal 6ontengeeey Misc. Capital Outlay Moved by Crake supported by Gosling the resolution be adopted. B8 CoMmissioners Minutes Continued. March 22. 1990 Dr. Caddell stated the Fiscal Note was incorrect; it was listed as funds in the amount of . $2,500 coming from Contingency and this should be corrected to "Miscellaneous Capital Outlay." There were no objections to the corrections. Vote on resolution with corrected Fiscal Note: AYES: Moffitt, Oaks, Olsen, Pappageorge, Perrick, Price, Rewold, Skarrit, olf 1 Aaron, Bishop, Caddell, Chester. Crake, Ferrens, Gosling, fluntoon. Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson. (25) NAYS: None. (0) A sofficieet majority having voted therefor, the resolution was adopted. Misc. 90050 By Planning and Building Cornittee IN PE: Corporation Counsel - Real Estate Section. Parks and Recreation - PURCHASE OF PROPERTY ADJACENT TO PARK. ADMIUSTRATION EILDINC, 2866 WATKINS LAKE ROAD, PONTIAC, MICHIGAN 48054, Tax Sidwell No.: 13-24 -125-014 (0.86 ac: To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen, WHEREAS the Oakland County Parks and Recreation Commission is desirous of purchasing residential home with 0.85 acres of land adjacent to Parks and Recreation Administration Offices on Watkins Lake Road; and WHEREAS said property is presently offered for sale through Century 21, O'Neil; and . WHEREAS the Oakland County Parks and Recreation Commission requested Corporation Counsel, Real Estate Section, to negotiate the purchase of said property, commonly known as 2866 Watkins Lake Road, Pontiac, Michigan 43054, Tax Sidwell No. 13-24-126 -014; and WHEREAS the Department of Corporaton Counsel has negotiated the purchase of this residence Subject to an appraisal and approval of the Board of Commissioners; and WHEREAS said property was appraised by Craig Fuller of Fuller Appraisal Service, and reviewed by Paul Stoppert, M.A.I., of Stoppert Appraisal Services, at a range from $65,500 to $68,600; and WHEREAS the County of Oakland's offer of $56,600 has been accepted by the owners, subject to approval of the Oakland County Board of Commissioners; and WHEREAS the Oakland County Parks and Recreatcn Commission recommends the purzhase of this residence at 2866 Watkins Lake Road for future use and expansion; and WHEREAS the monies have been allocated for the acquisition of this subject property through the Parks and Recreation Commission, Contingency Account Fund; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the purchase of property located at 2865 Watkins Lake Road, Pontiac, Michigan, 48054, Tax Sidwell No. 13-24-125-014, for use by the Oakland County Parks and Recreation Commission in. the sum of $66,500. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Fiscal Note (Misc. 9005,1) By Finance Committee IN RE: Corporation Counsel - Real Estate Section - Parks one Recreation - PURCHASE OF PROPERTY ADJACENT TO PARK ADMINISTRATION BUILDING, 2866 WATKINS LAKE ROAD, PONTIAC, MiCHIGAN 48054, Tax Sidweli No. 13-24-126-014 (0.B6ac) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; The Finance Committee has reviewed Miscellaneous Resolution #90050 and finds: 1) Oakland County c'arks ano Recreation Commission is desirous of purchasing a residential home adjacent to Parks and Recreation Administration. 2) Corporation Counsel, Real Estate Section, has negotiated the purchase of the property for $66,500. • 3) Funds are available for the purchase in tne 1990-1991 Parks and Recreation Commission Contingency Account fund therefore, no budget amendments are required. FINANCE COMMITTEE G. Wiliam Caddell, Chairperson Moved by Crake supported by Bishop the resolution be adopted. AYES: Oaks, Olsen, Pappageorge. Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrous, Gcsling, Huntoun, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell. McCulloch, McPherson, Moffitt. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 89 Commissioners Minutes Continued. March 22, 1990 Misc. 90061 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section - QUIT CLAIM PART OF PERMANENT EASEMENT FOR SANITARY SEWER WHICH WAS INCORRECTLY DESCRIBED ON LOT 37, SUPERVISOR'S PLAT #16 IN THE CITY OF AUBURN HILLS (formerly Pontiac Township) FOR C.C.S.O.S., Pontiac Township Extension. To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS The County of Oakland acquired certain easements necessary for the coestruction and maintenance of the 0.0.5.0.5, Pontiac Township Extensions; and WHEREAS an easement was granted across part of lots 37 and 41 of Supervisor's Plat #I6, Pontiac Township, Oakland County, Michigan; and WHEREAS the easement described as being the easterly 20.0 ft. of Lot 37, Supervisor's Plat #16, recorded in Liber 5544, pages 71 and 72 of Oakland County Records was incorrectly described; and WHEREAS the property owner, through Gerald B. Sweetland, P.L., Operations Engineer of the Water and Sewer Division of the Department of Public Works, is requesting that necessary steps be taken to correct this easement as described as the easterly 20.0 ft of part of Lot 37, Supervisor's Plat #16; and WHEREAS the Office of Corporation Counsel recommends the County of Oakland Quit Claim to the owners of record, Richard G. Hamilton and dun G. Hamilton, his wife, and Adams/Auburn Develepment Company, that portion of the easement on Lot 37 of Supervisor's Plat #16 as being the easterly 20.0 ft thereof. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commiesioners approves the quit claim of the easements described as the easterly 20.0 ft of part of Lot 37 of Supervisor's Plat #16 from the County of Oakland to Richard G. Hamilton and Joan G. Hamilton, his wife, and Adams/Auburn Development Company. BE IT FURTHER ESOLVED that the Oakland County Buardof Commissioners directs its Chairperson to execute the necessary documents to effect the same. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Moved by Crake supported by Bishop the resolution be adopted. AYES: Olsen, Pappdgeorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn. S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90062 By Planning and Building Committee IN RE: SOLID WASTE MANAGEMENT SYSTEM - LANDFILL COMPONENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS since announcement of candidate 40-year landfill sites for County ownership (to be used by the proposed Oakland County Solid Waste Management System) in August of 1989, many questions and issues have been raised regarding the wisdom of selecting a single site for the disposal of all of Oakland County's municipal solid waste; and WHEREAS traffic impacts on contiguous neighborhoods and along roadways connecting to the County's high-capacity primary road system. especially during the System's early years of operation, are of major concern; and WHEREAS transportation and haul costs which would be incurred by the System will be unnecessarily high since a majority of the proposed sites are far removed from the centers of waste generation; and WHEREAS the addition of a single, 40-year capacity County-owned landfill site to the existing, designated and proposed private sector landfills would create a landfill capacity potential far in excess of the County's needs, thus exposing the County to the direct and immediate threat of becoming a large net importer of municipal solid waste; and WHEREAS the System's bond underwriter indicates that Oaklanc County's proposed Solid Waste Management System will require tnat guaranteed landfill capacity must be in place at the time of bond sale for a recommended minimum period of 7-10 years in order to achieve the most favorable bond interest rate; and WHEREAS it is contemplated that System bonds will be ready for issuance by mid-I990 and the System's landfill needs must be satisfied by that time. NOW THEREFORE BE IT RESOLVED by the Oakland County Board of ComMissieners, as follows; .1. The Board of Commissioners hereby declares its intent: A. to eliminate, from the Update of the Oakland County Act 641 Solid Waste Management Plan, the concept of a single, 40-year capacity. County-owned landfill site to serve the needs of PLANNING AND BUILDING COMMITTEE Larry Crake, Clairperson 90 Commissioners Minutes Continued. March 22, 1990 the system; B. to withdraw from active consideration the previously identified candidate sites for a County-owned landfill site as 40 year sites; C. to have the System's landfill needs for at least the first 7-10 years of System operation Met by contracted capacity arrangements with one or more privately owned landfills that meet the design, construction and operational standards approved by the Board of Commissioners per the attached appendix; D. to take appropriate steps during the process of approving the Act 641 Plan Update to insure that the County does not ultimately become a significant net importer of waste; E. to have the System's ultimate landfill needs met through the acquisition and development of County-owned landfills meeting the criteria in the preamble to these Resolves which would be brought on line at such time as importation considerations and System economics dictate; and 2. The County Executive is hereby authorized and directed to commence negotiations with private landfill operators tnat are willing to meet the County's design construction and operational standards for landfills as outlined in the attached appendix for capacity to meet at least the System's landfill needs for the first 7-10 years of System operation and to begin to seek long-term County-owned landfill solutions to meet the precepts of this resolution. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. meeting. AYES: Pernick, Price, Aaron, Ferrens, Luxon, McPherson, Oaks. (7) NAYS: Pappageorge, Rewold, Skarritt, Wolf. Bishop, Caddell, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, Moffitt -, Olsen. (19) A sufficient majority not having voted therefor, the motion to table failed. Discussion followed. Vote on resolution: AYES: Rewold, Skarritt, Wolf, Bishop, Caddell. Chester, Crake, Ferreos, Gosling,-Huntoon, Jensen. Jconson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell. McCulloch, Moffitt, Oaks, Olsen, Pappageorge. (22) NAYS: Pernick, Price, Aaron, McPherson. (4) A sufficient majority having voted therefor, the resolution was adopted. The Chairperson vacated the Chair. Vice Chairperson Nancy McConnell took the Chair; Misc. 90063 By Public Services Committee IN RE: Community Development Division - 1990-91 Z.OMMUSITY DEVELOPMENT BLOCK GRANT SUMMARY OF PROPOSED ACTIVITIES/APPLICATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Couaty of Oakland by Miscellaneous Resolution #6961 of January 23, 1975 declared its intention to become designated as an Urban County under the Federal Housing and Community Development Act of '.974, as amended; and WHEREAS this act was designed to consolidate many of the categorical grant programs into one Block Grant Program placing authority and resoorsibility with local officials as to community needs and priorities; and • WHEREAS the County of Oakland has been allocated a Community Development Block Grant (C0B6) of $3.483,000.00 in federal funds; $641,906.84 of County Program Income and $3,210.00 of Community Program Income that equals a total of $4,327,716.84 of funds to be distributed among the 49 participating units of government and public hearings have been held by each community and the county concerning use of these funds; and WHEREAS the Community Development Citizens Advisory Council has recommended approval by aR 11-0 roll call vote of the proposed Community Development Block Grant Allocation Summary of Proposed Activities; and WHEREAS there are no county funds reouired for this grant and this application has been PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Copy of Exhibit 'A" on file in County Clerk's Office. Moved by Crake supported by McConnell the resolution Oe adopted. Discussion followed. Moved by Aaron supported by Ferrens the resolution be laid on the table until the next 91 Commissioners Minutes Continued. March 22, 199O reviewed and approved by Corporation Counsel, NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners is hereby authorized to sign and file an application for the 1990-91 Community Development Block Grant Funds under the Federal Housing and Community Development Act of 1974, as amended, in accordance with the attached Summary of Proposed Activities. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard 0, Kuhn, Jr., Chairperson Moved by Richard Kuhn supported by McPherson the resolution be adopted. AYES: Price, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S, Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Perniok. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted- Misc. 90054 . By Public Services Committee IN RE: Sheriff's Department - ACCEPTANCE OF 1990 AUTOMOBILE THE'T PREVENTION AUTHORITY GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS Miscellaneous #89105 requires the appropriate liaison committee to review the acceptance of all grants that vary more tnan fifteen HS/ percent from the original grant application; and WHEREAS the Oakland County Sneriff's Department applied for continued funding of the Automobile Theft Prevention Authority (ATPA) Grant for the period 3aeoary i to December 31, 1390 in the amount of $798,517; and WHEREAS the ATPA has awarded the County $661,696 or 83% of the applied amount as detailed in Schedule A; and WHEREAS this award is not sufficient to fully fund the salaries and fringe benefit costs of the six (6) positions in the grant, which necessitates the reduction of salaries and fringe behefit.costs totaling $22,907; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS Corporation Counsel has reviewed and approved this grant award as to legal . sufficiency, NOW THEREFORE BE IT RESOLVED that tne Oakland County Board of Commissioners accepts the Sheriff's 1990 Automobile Theft Prevention Authority Grant in the amount of $661,696 (100$ State funding). BE 1:1- FURTHER RESOLVED that acceptance of this grant award ($661,696) without supplementary County support necessitates a $22,907 reduction in salaries and fringe benefit costs through reduced staffing levels to be determined by the Sheriff's Department. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby authorized to execute said agreement and to approve minor changes and agreement extensions not to exceed fifteen (1S) percent variance which are consistent with the agreement as approved. Mr. Chairperson, on behalf of the Public Service Committee, I move the adoption of the foregoing resolution. • PUBLIC SERVICES COMMITTEE Richard D. Kuhn, r. , Chairperson • Copy of Attachment "A" on file in County Clerk's Office. The Chairperson referred tne resolution to the Personnel Committee and . the Finance ComMittee. There were no objections. The Chairperson returned to the Chair. Misc. 90065 By Public Services Committee IN RE: OM HOUSING POLICY FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the month of April. 1990, marks the twenty-second anniversary of the enactment of the National Fair Housing Law of 1968, whereby the Congress of the United States declared a national policy of providing fair housing throughput the country; and WHEREAS Oakland County, as an urban County grantee of the Federal Community Development Block Grant Program, has certified compliance with Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968, that it will affirmatively further fair housing, without regard to race. sex, age, religious, or national origin; and 92 Commissioners Minutes Continued. March 22, 1990 WHEREAS all citizens seeking housing in Oakland County will be afforded a fair and equal opportunity to secure housing of their choice. NOW THEREFORE BE IT RESOLVED that the County of Oakland hereby furoally adopts as policy the precepts embodied in the National Fair Housing Law of 1968, and the Fair Housing Amendments Act of 19e8, and supports those organizations whicn constructively work toward tne goal of, fair end open housing. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Moved by Richard Kuhn supported by McCulloch the resolution be adopted. Moved by Price supported by Oaks the resolution be amended following the last WHEREAS paragraph by inserting the folowing language: 'WHEREAS cultural, ethnic, religious and racial plurism is a positive and appropriate model for neighborhoods and communities throughout the United States; and AEREAS etforts to promote and encourage greater appreciation for those communities which reflect such pluralism warrant both public and private support; and • WHEREAS cities, villages and towns must contrue to take affirmative steps to encourage people from all races, religions and ethnic backgrounds to live in their cities and avail themselves of the choice of where they wish to live and utilize the services and amenities offered." Mr. Price requested to further amend the resolution after the NOW THEREFORE BE IT RESOLVED paragraph to add: '31. IT FURTHER RESOLVED that the Oakland County Board of Commissioners support the concept of the Oakland County Center for Open Housing to build community understanding and support fair and open housing, and to achieve a stable and integrated housing process in Oakland County, • and urge other communities within Oaeland County to adopt resolutions of support for the Oakland County Center for Open Rousing." Discussion followed. Mr. Price withdrew his amendment to the resolution. The Chairperson referred the resolution to the General Government Committee for further consideration. There were no ()ejections. • Misc. 90055 By Personnel Committee IN RE: Personnel Department - SALARY ADMINISTRATION FeURTH QUARTERLY REPORT FOR 1989 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study GroJe Reports approved by the Board of Commissioners for Grades 1 - 15 and Grades 16 - 21 provided for a review and appeal process for departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the Fourth Quarterly Report -Per 1989 was submitted to the Personnel Committee identifying the reviews requested and the salary grade changes recommended by the Personnel Department after completion of this review process; and WHEREAS the Fourth Quarterly Report for 1989 also includes the .e)b Evaluation Review Panel recommendations on salary grade placement of classes appealed to the Job Evaluation Review Panel and referred to the panel by the Personnel Committee; and WHEREAS funds have been established in tne Classification and Rate Change fund to implement salary grade changes resulting from salary administration quarterly report recommendations; and WHEREAS the Personnel Committee has reviewed and approved this report; NOW THEREFORE BE-IT RESOLVED that changes in salary grade placement and reclassifications be implemented as shown: Salary Grade Reclassify Classification From: —Tc7 to New Class Photo, Micro. Equip. Open. II 6 7 Photo. Micro. Equip Oper III (pos. e02238 only) Corrections Staff Aest. 15 16 Public Comm. Officer-P&R 13 14 Secretary II 8 9 Sup. - Administrative Serv. (pos. p2837 in Coop. Ext. only) General Maintenance Supervisor 13 14 Maintenance Supervisor 11 11 12 PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson 9 10 15 16 15 17 8 9 93 Commissioners Minutes Continued. March 22, 1990 Office Supervisor II (pos. #01354 in FM80) Maintenance Supervisor I Senior Personnel Technician (pos. #01946) Senior Personnel Technician Employee Records Specialist (pos #3445 in Personnel only) Chief-Children's Village Intake Team Chief-Children's Village Program Team 10 12 Admin. Sup. FM&O Supv - Classifications & Salaries Supv-Labor Relations Merit System,Admin. Central Employee Records Coordinator 11 18 17 18 DE IT FURTHER RESOLVED that the overtime category for the Chief-Youth Assistance Services Classification be changed from exceptional overtime to no overtime. Mr. Chairperson, on behalf of the Personnel Committee, I move the -adoption of the foregoing resolution. Fiscal Note (Misc. 9005S1 By Finance Committee IN RE: Personnel Department - SALARY ArAlNiSTRATION FOURTH QUARTERLY REPORT FOR 1989 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee nas reviewed Miscellaneous Resolution #90055 and finds: 1) The Personnel Committee has approved the attached Salary Administration Fourth Quarterly Report for 1989; 2) Governmental funded salary cost for the period March 24, 1990 through December 31, 1990 is $12,563, fringe benefit cost for the same period is $3,731; 3) Governmental funded annual cost for 1991 is $16,395 for salaries, $4,869 for fringe benefits; 4) Funds are available in the 1990-1991 Appropriation Reserve for Transfer Classification and Rate Changes Account (909 -01-00-9902) and recommends the following amendments: PERSONNEL COMMITTEE John P. Calandra, Chairperson 4-101 00-909-01 -00-9902 4-10100-431-01-00-1001 4-10100 -431-01-00-2070 4-10100-175-01-00 -1001 4-10100-175-01-00-2070 4-29230-1 65-01 -00 -1001 4-29230-165-01-00-2070 4-10100-155-15-00-1001 4-10100-155-15-00-2070 4-10100-155-10-00-1001 4-10100-155-10-00-2070 4-10100-155-05-00-1001 4-10100-155-05-00-2070 Rate & Classification Changes . Sheriff/Sheriff's Office Salaries Fringe Benefits Cooperative Est, - Salaries Cooperative Ext. - Fringe Benefits Children's Village- Salaries Children's Village- Fringe Benefits Personnel/Emp. Relations- Salaries - Fringe Benefits Personnel/Emp. Relations- Salaries - Fringe Benefits Personnel/Emp. Relations- Salaries - Fringe Benefits 1990 1S.91 ($16,294) ($272-64) 1,813 2,366 539 703 1,038 1,355 308 402 4,473 5,837 1,329 1,734 1,053 1,381 314 410 1,952 2,547 579 756 2,229 2,909 662 864 $ -0- 5) The Budget for Facilities Maintenance and Operations should be amended as follows: Facilities Maintenance and Operation Fund 1990 1991 1-63100-455-001 Estimated Profit ($20,32E1) ($26,526) 4-63100-147-19-00-1001 FMAO Salaries 15,671 20,452 4-63100-147-19-00-2070 Fla&O Fringe Benefits 4,657 6.074 $ 0 6) Special Revenue and Proprietary costs for 1990 of $23,926 and 1991 of $31,221 will be absorbed by their respective funds. FINANCE COMMITTEE G. William Cadoell, Chairperson Moved by Law supported by Pappageorge toe resolution be adopted. AYES: Rewold, Skarritt, Wolf, Aaron,, Goodell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Loon, McConnell, McCollooh, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price. (24) NAYS: None. (0) A sufficient majority having voted therefor. the resolution was adopted. Commissioners Minutes Continued. March 22, 1990 94 Misc. 90066 - By Personnel Committee • • IN RE: TAX DEFERMENT OF PROBATE JUDGES RETIREMENT CONTRIBUTIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Probate Judges are covered for retirement pension purposes under either tne Probate Judges' Retirement Act or the Judges Retirement Act, being Act 165 PA 1954 and Act 198 PA 1951, as amended; and WHEREAS the Probate Judges' Retirement Act and the Judges' Retirement Act were recently amended by Acts 187 and 208 of the Public Acts of 1984, respectively, to provide for tax deferment of a Probate Judge's member contributions as provided under Section 414(h){21 of the United States Internal revenue Code; and WHEREAS Probate Judges who are members of the respective Probate/Judges' Retirement Systems desire to become covered under the tax deferment provision of the Probate/Judges' Retirement Acts, as amended and the United States Internal Revenue Code; NOW THEREFORE BE IT RESOLVED that the County of Oakland hereby elects coverage for its Probate Judges as provided by the Probate/Judges' Retirement Acts, as amended, effective January 1, 1989. BE IT FURTHER RESOLVED that a copy of this resolution be filed with the Probate/Judges' Retirement System and the Oakland County Payroll Unit, Accounting Division, for the purpose of recording and implementing this action. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. A sufficient majority having voted'therefer, toe resolution was adopted. Misc. 90067 By Commissioner David L. Muffitt IN RE: FARMINGTON HILLS - CONSTRUCTION OF NOISE BARRIER BY M-DOT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS in the planning and promising stages of 1-696 construction in Farmington Hills, the Michigan Department of Transportation IM-DOT) guaranteed to the residents of Howard Road, a natural • earth berm to reduce the level of traffic noise from the 8-lane wide interstate; and WHEREAS following completion of 1-696. M-DOT discovered that the promised 1,000 foot noise barrier would cost $90,000 more than anticipated because M-DOT had not taken into account the berm area is a wetland; and • WHEREAS M-DOT is now turning its back on its promise and on the citizens of Farmington Hills in allowing this noxious noise pollution to disrupt the lives of the residents of Howard Road. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby urge the M-DOT to fulfill its commitment to the citizens of Farmington Hills by the immediate initiation of construction of a traffic-noise buffer along 1 -696 parallel to Howard Road. BE IT FURTHER RESOLVED that certified copies of this resolution the sent to ,:ames Pitl, Director of M-DOT, Oakland County Road Commission, all Oakland County Legislators, the County's Legislative Agent, and the City of Farmington Hills. Mr. Chairperson, I move the adoption of the foregoing resolution. David L. Moffitt, Commissioner Dist. IS Donn L. Wolf, Commissioner Dist. 27 The Chairperson referred the resolution to the General Government Committee. There were no objections. Misc. 90068 By Commissioners Hubert Price, Jr. and dames D. Ferrens IN RE: PONTIAC SILVERDOME (SUPPORT) STATE SUBSIDY CONTINUATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Centlemer; WHEREAS the State of Michigan, in recognition of the significant _beneficial impact provided by the Pontiac Silverdome to the economy of Southeastern Michigan, has in the past years appropriated a subsidy to the Silverdome; and PERSONNEL COMMITTEE Thomas A. Law, Vice Chairperson Moved by Law supported by Ferrens the resolution be adopted. AYES: Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnsoo, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernidc., Price, Rewold. (25) NAYS: None. (0) LYNN D. ALLEN Clerk ROY REWOLD Chairperson 95 Commissioners Minutes Continued. March 22, 1990 WHEREAS such subsidy has been given to help lessen the burden of the Host City whose citizens financially support the Silverdome through the repayment of bonds. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby strongly urge the State of Michigan to continue to appropriate the $800.000 subsidy to the Pontiac Silverdome. BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to all Oakland County Legislators and the County's Legislative Agent. Mr. Chairperson, I move the adoption of the foregoing resolution. Hubert Price, Jr., Commissioner Dist. #8 James D. Ferrcns, ::ommissioner Dist. 7 The Chairperson referred the resolution to the General Government Committee. There were no objections. Misc. 90069 By Commissioners Hubert Price, Jr. and James D. Ferrens IN RE: SILVEROOME CAPITAL IMPROVEMENT LOAN To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is mutually beneficial to the economy of the County of Oakland and to the City of Pontiac that the Pontiac Silverdome remain a major entertainment center; and WHEREAS representatives of the Pontiac Silverdome Stadium 'Authority, the City of Pentiac, and the Detroit Lions have met with County officials to discuss the preservation and utilization of the Pontiac Silverdome; and WHEREAS the first priority has been determined to be tie repaving of the Silverdome Parking Lot, at a cost which is estimated to be $4 million; and WHEREAS by Miscellaneous Resolution #89276, adouted November 9, 1989, the Board of Commissioners established a policy and procedure for the loan of County funds for such purposes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve a loan not to exceed $4 million to the Pontiac Stadium Building Authority under the terms and conditions of Miscellaneous Resolution #89276, subject to the approval by the Board of Commissioner of the specific terms and conditions of such loan agreement. Mr. Chairperson, I move the adoption of the foregoing resolution. Hubert Price, Commissioner Dist. #8 James D. Ferrens, Commissioner Dist. #7 The Chairperson referred the resolution to the Finance Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. Congressman Broomfield-H.R, 3826, Cable Television Consumer Protection Act b. Springfield Township-(Support) Ten Year Road Improvement Plan c. Springfield Township-Intergovernmental Agreement d. City of Troy -Inclusion of SOCRRA's Solid Waste Management Plan in Oakland County's Solid Waste Management Plan PLANNING AND BUILDING a. Springfield Township -Intergovernmental Agreement b. City of Troy-Inclusion of SOCRRA's Solid Waste Management Plan in Oakland County's Solid Waste Management Plan There were no objections to the referrals. The Chairperson announced the next meeting of the Board will be April 5, 1990 at 9:30 A.M. The Board adjourned at 11:24 A.M. 96 OAKLAND COUNTY Board Of Commissioners MEETING April 5, 1990 . Meeting called to order by Chairperson Roy Rewold at 9:35 A.M. in the Courthouse Auditorium, 1200 N. Telegraph, Pontiac, Michigan, Roll called. PRESENT: Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntuon, Jensen, Johnson, Richard Kuhn, Susan Kuhr, Law, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price. Kewold, Skarritt, Wolf. (25) ABSENT: Calandra McConnell. (2) Quorum present. • Invocation given by Commissioner Donald Bishop. Pledge of Allegiance to the Flag. Moved by Jensen supported by Huit'aon the mirutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Olsen suoported by Pernick the rules be suspended and the agenda approved for the following item on the Agenda: PUBLIC SERVICES COMMITTEE b. Prosecuting Attorney - Grand Jury Budget Appropriation AYES: Wolf, Bishop, Chester, Crake, Ferrens, Gosling, huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Moffitt, Oaks, Olsen, Rappageorge, Pernick, ?rice, Rewold, Skarritt. (20) NAYS: None. (0) A sufficient majority having voted therefor, the notion to suspend the rules and approve the Agenda carried. Clerk read letter from Chairperson Roy Rewold anrouncing the appointments of the following persons to serve on the Oakland County Council for Emergency Medical Services tOAKEMS) for a term ending December 31, 1990: Carol Crank, Gary Canfield, Edward Weber ; Jeffrey Hawkins, Ann Maher, William Grubb A sufficient majority haying voted therefor, the appointments were confirmed. Clerk read letter from Chairperson Roy Rewold announcing the appointment of Richard G. Skarritt to the Taggett Lake Improvement Board. There were no objections to the referral. Leonard Lowenstein, Susan Mysliwiec and Carolyn Peyser addressed the Board. REASON FOR SUSPENSION Waive Rule XI(F) - Direct Referral to the Finance Committee 97 Commissioners Minutes Continued. April 5, 19'10 Misc. 90070 By Finance Committee IN RE: Community Development Division - EMERGENCY SHELTER GRANT ACZEPTANCE FOR HOMELESS SHELTERS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland in accordance with Miscellaneous Resolution 09105 filed application for Emergency Shelter Grant f dsiu the amount of $83,003 for the period July 1, 1990 through June 30, 1991; and WHEREAS the U.S. Department of Housing and drban Development has awarded Oakland County grant funding in the amount of $83,000 for the 1590-1991 fiscal year, an increase of $32,000 over the 1989-1990 award as detailed on Schedule A: and WHEREAS this grant is 100% federally funded and no County funds are required; and WHEREAS Corporation Counsel has reviewed and approved this grant award as to legal sufficiency. NOW THEREFORE 3E IT RESOLVED that the Oakland County Boarc of Commissioners accepts the 1990-1991 Emergency Shelter Grant award in the amount of $83,000 and the Chairperson of the Oakland County Board of Commissioners is authorized to execute this contnaca. BE :1 FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to approve minor changes and contract extension, not to exceed fifteen (15) percent variance, which is consistent with the contract as approved. BE IT FURTHER RESOLVED that acceotance of this grant eoes not obligate the County to any future commitment. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE a. William Caddell, Chairperson' Copy of Schedule "C on file -in County Clerk's Office. Moved by Caddell supported by Susan Kohn the resolution be adopted. AYES: Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Hunaoon, Jensen, Johnson, R. Kuhn S. Kuhn, Law, Luxon, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Perrick, Price, Rewold, Skarritt, Wolf. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90071 By Finance Committee IN RE: Public Works/Facilities Engineering Division - AWARD CF ARCHITECTURAL CONTRACT FOR COURTHOUSE ADDITION DESIGN To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #8/337, the 30ara of Commissioners gave intent to the County Building Authority to acquire additional facilities at the County's Courthouse; and WHEREAS by Miscellaneous Resolution #88073, the Board of Commissioners authorized Minoru Yamasaki and associates of Troy. Michigan to develop a master plan; and WHEREAS Miscellanouea Resolution #89I93 authorized a contract with Minoru Yamasaki and Associates for ?redesign Services which would result in a total project cost not to exceed $80 million; and WHEREAS in conjunction witn the Elected Officials Task Force, Minoru Yamasaki and Associates has developed the Oakland County Courthouse Complex. Programming and Master Planning Study which was presented to the Board of Commissioners on March 8, 1990; and WHEREAS Planning and Building Committee has reviewed the above mentioned study and recommends it be accepted and referred to Facilities Engineering to implement the design phase of this project; and WHEREAS the estimated cost for ancnitectural design is $4,460,000 which includes reimbursable expenses; and WHEREAS funding of $2,260,000 is available in tne 1990 Capital Improvement Program - Building Section (Fund #40100) to initiate tnis project; and WHEREAS $2,200,000 is available in 1991 Budget for future space needs; and WHEREAS Corporation Counsel has approved the contract as to legal sufficiency. NOW THEREFORE BE ET RESOLVED AS FOLLOWS: 11 The Board of Commissioners ocoepts and approves the Oakland County Courthouse Complex Programming and Master Planning Study of March 8, 1990, 2) The contract to Minoru Yamasaki and Associates of Troy, Michigan be awarded for architectural services for a negotiated amount not to -exceed $4,460,000 in concurrence with the Planning and Building Committee recommendations, 3) The Chairperson of the Board of GcmiCssioners is hereby authorized and directed to Commissioners Minutes Continued. April 5, 1990 98 execute a contract with Minoru Yamasaki and Associates of Troy, Michigan on tehalf of the County of Cakland, 4) The County Executive's Department of Public WorKs, Facilities Engineering Oivision, shall notify the awardee of this award, in writing no later than 10 days after adoption of this resolution .. The award snail not oe effective until the awardee has been notified, 5) Funds of $2,250,000 be transferred to the Project Work Order Fund from the 1990 Capital Improvement Plan for Building to establish the above mentioned project. • 6) The 1991 budget be amended as follows: Expenditures 4-101-00-901-01-00-9914 Future Space Needs $(2,200,0100) 4-10100-901 -01-00-8404 Transfer to Project Work Order Fund $ 2,200,000 0 • 7) All architectural fees are reimbursable from tne sale of bonds. Mr. Chairperson, on behalf of the Finance Committee, : move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90072 By Public Services Committee IN RE: Sheriff's Department - PURCHASE OF V10E0 INCIDENT CAPTURE SYSTEM UNITS FOR PATROL VEHICLES To the Oakland County Board of Commissioners .Mr. Chairperson, Ladies and Gentlemen: WHEREAS automation of current law enforcement techniques may result in cost-effective methods to improve the criminal justice System; and WHEREAS the Sheriff's Department has received a proposal from Crim Tec Corporation regarding installation of a Video Incident Capture System (V1CS) in patrol vehicles; and WHEREAS this system offers the capability to automatically capture events on tape during patrol duty by means of 'a video camera and sound recording unit installed in patrol vehicles; and . WHEREAS the Sheriff's Department has allowed Crim Tec Corporation to install one (1) VIC System in a patrol vehicle for testing purposes; and WHEREAS results indicate This system may be a cost effective tool for the Sheriff's Department by providing bettor personnel management, improved officer productivity, reduced liability exposure, and reduced officer court overtime costs; and WHEREAS the cost of the Video Incident Capture System is $6,580 per unit; and WHEREAS the benefits of this system should allow for the recovery of costs over a three (3) year period, • NOW THEREFORE BE :T RESOLVED that the Sheriff's Department is authorized to purchase fifteen (15) Video Incident Capture System units from Crim Tee Corporation to be installed in patrol vehicles (10 in Traffic units arid 5 in Alcohol Enforcement units), BE IT FURTHER RESOLVED that consideration be given to the purchase and installation of additional units if the system is found to be productive and cost beneficial.. - Mr. Chairperson, on behalf of the Public Services Committee, I'move the adoption of the foregoing resolution. PLBLIC SERVICES COMMITTEE ' Richard D. Kuhn, Jr., Chairperson Copy of attachments to the resolution an file ir County Clerk's Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90073 By Public Services Committee IN RE: Prosecuting Attorney - GRAND JURY BUDGET APPROPRIATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the 17 member citizens Grand Jury empaneed September 5, 1989 has been ordered extended by the Oakland County Circuit Court effective Parch 6, 1990, for a six month term; and WHEREAS a second 17 -member Citizens' Grand Jury has Peen ordered commenced by the Oakland County Circuit Court to oegin operation during April, 1990 for a six month term with an option to extend the term an additional six months; and WHEREAS the Grand juries are empowered to investigate unsolved murders, illegal possession, distribution, manufacture, and/or delivery of controlled substances and conspiracies or attempts to commit these offenses; and WHEREAS the Prosecuting Attorney's Office, with the assignment of existing staff 99 Commissioners Minutes Continued. April 5, 1990 resources, shall be responsible for all costs and eepenees fur the implementation and convening of the Citizens Grand Jury; and WHEREAS a budget appropriation of $75,000 for operating expenses will be necessary to conduct the Grand Jury proceedings for six months in accordance with the current orders of the Circuit Court as eStimated by Richard Thompson, Prosecuting Attorney, NOW THEREFORE HE IT RESOLVED that the Beard of Commissioners recognizes the continuation and expansion of a Citizens' Grand Jury and authorizes the appropriation of $75,000,00 to defray operating expenses for such purpose BE IT FURTHER RESOLVED that the 1990 Bedget be amended as follows: From General Fund Contingency: 4-10100-909-01-00-9900 $(75,000.00) To Prosecuting Attorney Grand Jury Unit: 4-10100-411 -05 -00-3U60 Defense Attorney Fees $ 7,600.00 4-10100-411-05-00-3100 Juror's Fees S Mileage 15,500.00 4-10100-411705 -00-3152 Reporter & Steno Services (Includes Reporter Steno Time) 26,500.00 4-10100-411-05-00-31E00 Witness Fees S Mileage 20,500.00 4-10100-411-05-00-6310 8ui1&ne Space Cost Allocation 5,000.00 Total $ 75,000.00 Carry Forward the remaining fords .from tee Greed Jury Budget, September 6, 1989 through March 6, 1990. Mr. Chairperson, on behalf of the Public Services Come'ttee, I move adoption of the foregoieg resolution. Fiscal Note {Misc. 90073) By Finance Committee IN RE: Prosecuting Attoroey - GRAND JURY 306E7- APPROPRIATION To the Oaklard County Board of Commissieners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Coemittee has reviewed Miscellaneous Resolution #90073 and finds funding in the amount of $70,000 availaele in the 1990 Contingency account for -transfer to the Prosecuting Attorney's 1990 Greed Jury unit Budget as detailed in the Miscellaneous Resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Ferrens the resolution be adopted. Moved by Caddell the -resolution be amended to make it consistent with the Fiscal Note (Remove the Building Space Cost Allocation of $5,000 and make the total $70,000). A sufficient majority having voted therefor, the amendment carried, Vote on resolution as amended: AYES: Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron. (24) NAYS: None. (0) • A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90023) By Public Services Committee IN RE: (SUPPORT) PENALTY INCREASE FOR A MOTOR VEHICLE OPERATOR FLEEING POLICE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Miscellaneous Resolution #90023, (Support) Penalty Increase for a Motor Vehicle Operator Fleeing Police, reports with tne recommendation that said resolution, which recommends amendments to Section 479a. of Act No. 328, be adopted, with the remaining provisions of the Act to continue in ful7 force and effect. Mr. Chairperson on behalf of the Publie Services Ccmmittee, I move acceptance of the foregoing report. _PUBLIC SERVICES COMM:TTEE Richard D. Xulln, Jr., Chairperson PUBLIC SERVICES COMMITTEE Mchard O. euen, Chairperson 1.1.1 Commissioners Minutes Contiruec. Apri'. 5, 19?0 Misc. 90023 By Commissioner Ruel E. McPherson • IN RS: (SUPPORT) PENALTY INCREASE FOR A MOTOR VEHICLE OPERATOR FLEEING POLICE To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS a driver of a motor vehicle who atteepts to flee or elude a law enforcement officer after being directee to stop is guilty of a misdemeanor, and WHEREAS under existing law tne punishment for this misdemeanor is imprisonment for not less than 30 days nor more than one year, a fine of not more than $1,000 and payment of prosecution costs if the court so orders; and WHEREAS since ignoring a law enforcement officer's signal to stop can result in a life-threatening "hot pursuit" at high speeds, it seems that stricter penalties are needed to induce greater deterrence from this violation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commisisoners supports amendments to Section 479 a. of Act No. 328 of the Public Acts of 1931, as amended, to: (1) imprisonment for from 60 days to one year (2) a fine of up to $2,000, and (3) surrender of the motor vehicle if the court so orders. BE IT FURTHER RESOLVED that copies of this resolution be sent to all State Legislators from Oakland County and to the Legislative Agent. Mr. Chairperson, I move the adoption of the foregoing resolution, • Rue l E. McPherson, Commissioner Dist. 9 John G. Pappaeeorge, Donna R. Huntoon Hubert Price, jr., A. Madeline Luxon, - Lillian Jaffe Oaks, James Ferrens, John E. Olsen, Thomas A. Law Moved by Richard Kuhn supported by Ferrens the Public Services Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Moffitt supported by Aaron the resolution be amended in the NOW THEREFORE BE IT RESOLVED" paragraph, by deleting sub-section (3) (surreneer of the motor vehicle if the court so orders.) Discussion followed. AYES: Caddell, Crake, Ferrens, Gosling. Huntoon, Moffitt, Olsen, Rewold, Wolf, Bishop. (10) NAYS: Chester, Jensen, Johnson, R. Kuhn, Law, Luxon, McCulloch, McPherson, Oaks, Papeageorge, Pernick, Price, Skarritt, Aaron. (14) A sufficient majority not having voted therefor, the amendment failed. Discussion followed. Moved by McCulloch supported by Olsen the sentence for conviction of sub-section (1) be increased from 30 to 60 days, and the fine up to $2,000: an as part of the sentence for a violaticn of sub-section (1). (4) or (5), whicn would increase the felony provision to the statute that the- Court'may order the surrender of the rotor vehicle. Moved by Moffitt supported by Gosling the resolution and amendment be referred to the General Government Committee. Vote on referral: AYES: Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Lunn, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Reweld, Skarritt, Wolf, Aaron, Bishop, Caddell. (23) NAYS: McCulloch. (1) A sufficient majority having voted therefor, the motion to refer carried. The resolution was referred to the General Government Committee. Report (Misc. 90064) By Personnel Committee IN RE: Sheriff - ACCEPTANCE OF 1990 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, haviny reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following amendment: 101 Commissioners Minutes Continued. April 5, 1990 That the eighth paragraph be deleted and two new paraeraphe be added to read; 'BE IT FURTHER RESOLVED that acceptance of this grant award ($661,696) without supplementary County support necessitates a $22,907 in grant costs. DE IT FURTHER:RESOLVED that position 43915-06576, Clerk I, in the Special Teams unit of Technical Services be deleted.' Kr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. . PERSONNEL COMMITTEE John P. Calandro, Chairperson Misc. 90064 By Public Services Committee IN RE: Sheriff's Department - ACCEPTANCE OF 1990 AUTOMOBILE ThEFT PREVENTION AUTHORITY GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous #89105 requires the appropriate liaison committee to review the acceptance of all rants that vary more than fifteen (151 percent from the original grant application; and WHEREAS the Oakland County Sheriff's Department applied tor continued funding of the Automobile Theft Prevention Authority ArPA) Grant for the period ,;aeuary 1 to December 31. 1990 in the amount of $798,517; and WHEREAS the ATPA has awarded the County $661,696 or 83T, of the applied amount as detailed in Schedule A; and WHEREAS this award is not suffieient to fully fund the salaries and fringe benefit costs of the six (6) positions in the geant, which necessitates the reduction of salaries and fringe benefit costs totaling $22,907; and WHEREAS acceptance of this grant does not oeligate the County to any future commitment; and WHEREAS Corporation Counsel ha s reviewed and approved this grant award as to legal sufficiency. NOW THEREFORE RE IT RESOLVED teat the Oakland County Board of Commissioners accepts the Sheriff's 1990 Automobile Theft Prevention Authority Grant in the amount of $661,696 (100t State funding). BE IT FURTHER RESOLVED that acceptance of this grant award ($561,696) without supplementary County support necessitates a $22,907 reduction in salaries and fringe benefit costs through reduced staffing levels to be determined by the Sheriff's Department. BE IT FURTHER RESOLVED that tie Chairperson of the Board ef Commissioners be and is hereby authorized to execute said agreement and to approve minor changes and agreement extensions not to exceed fifteen 05) percent variance which are consistent with the agreement as approved. Mr. Chairperson, on behalf of the Public Service Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE - Richard D. Kuhn, Jr.. Chairperson Copy of Attachment "A" on file in County Clerk's Office. Fiscal Note (Misc. 90064) By Finance Committee IN RE: Sheriff's Department - ACCEPTANCE OF i990 AUTOMOBILE 11 -UT PREVENTION AUTHORITY GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI -G of this Soare, the Finance Committee has reviewed Miscellaneous Resolution e90064 and finds: 1) The Sheriff's Department appied for continued funding of the Automobile Theft Prevention Authority (ATPA1 Grant for the eeried January 1, 1990 through December 31, 3990 in the amount of $798,51e. 2) The ATPA has awarded the Courty 5561,696, or 83eli of the applied amount as detailed in Schedule A, which is $5,199 less than the 1989 award. 3) This award is not sufflcieet to fully fund the salaries and fringe benefit costs of the six (6) positions in the grant, which necessitates the reduction of salares and fringe benefit costs totaling $22,907 in 1990. 4) One (1) Special Revenue Clerk : position (#4391506576) will be deleted effective with the adoption of this resolution to address the reduced funding level for this grant. 5) This grant award will amend the Sheriff's 1990 Automobile Theft Prevention Authority Grant budget as detailed in Schedule B. 6) Acceptance of this grant award does not obligate the County to any future commitment. FINANCE COMMITTEE G. William Cdadell, Chairperson Moved by Richare Kuhn supported by Aaron the Personnel Committee Report be accepted. Commissioners Minutes Continued. April 5, 1990 A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supported by Aaron the resolution be adopted. Moved by Richard Kuhn supported by Aaron the resolution be amended to be consistent with the Personnel Committee Report. (delete 8th paragraph and add two (2) new BE IT FURTHER RESOLVED" paragraphs). A sufficient majority flaying voted therefor, tne motion (Tarried. , Vote on resolution, as amended: • AYES: Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. 'Kuhn, Law, LUX0.71, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester. (25) NAYS: None. 0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Report By General Government Committee IN RE: COMMUNITY MENTAL HEALTH BOARD APPOINTMENT - MARILYNN E. GOSLING (UNEXPIRED TERM ENDING 12/31/91) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, haying received the resignation of Anne M. Hobart from the Community Mental Healtn Board, hereby recommends the appointment of Marilynn E. Gosling to the Community Mental Health Board for the unexpired tern ending 12/31/91, Mr. Chairperson, on behalf of the General Government Cceemittee, I Hove the acceptance of the foregoing report. GENERAL ZOVERNMENT COMMITTEE Richard Z. Skarritt, Chairperson Moved by Skarritt supported by Susan Kuhn the reeort be accepted. Moved by Skarritt supported by Susan Kuhn the appointment of Marilynn E. Gosling for the unexpired term ending December 31, 1991 be confirmed. A unanimous ballot was cast for Marilynn E. Gosling. Misc. 90074 • By Personnel Committee IN RE: Management and Budget/Reimbursement CREATION OF TWO POSITIONS IN THE CIRCUIT COURT UNIT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS since the Circuit Court unit of the Reimbursement Division last received a full-time position in 1979, it has experienced a 100Z increase in payments received; and WHEREAS there has been a tremendous increase in workload due to new collection procedures; and WHEREAS the Reimbursement Division has conducted a review of these needs and has presented a proposal for two additional clerical positions te assist the Circuit Court unit in collection of delinquent accounts; and WHEREAS the costs of these two positions would be offset by the increased revenue collected by the Circuit Court !Alt, NOW THEREFORE BE IT RESOLVED that the Gakland County Board of Commissioners create the following two (2) governmental positions within the Circuit Court unit of the Reimbursement Division (127-01): 1 Account Clerk I 1 Clerk III Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNE_ COMMITTEE Joon P. Calandro, Cnairperson 102 The Chairperson referred the resolution to the Finance Committee. There were no objections. 103 Commissioners Minutes Continued. April 5, 1990 Misc. 90075 By Personnel Committee IN RE: RESTATEMENT AND AMENDMENT OF RETIREMENT SYSTEM RULES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS your Oakland County Retirement Commission recently directed a thorough review and updating of Retirement System Rules as a result of various tax and law changes and in order to develop rule language more understandable ey employees; and WHEREAS your Retirement Commission has reviewed the proposed amended and restated rules and recommends approval of the amended and restated rules as attached; and WHEREAS no material changes other than those required by law are being recommended and there will be ric additional financial impact on tne County as a result of implementing the proposed changes, NOW THEREFORE BE IT RESOLVED that the amended and restated Oakland County Retirement System Rules as attached are hereby adopted. Mr. Chairperson, on behalf of the Personnel Committee. I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE G. William Caddell, Chairperson. Copyof "Oakland County Employees Retirement System Restated Resolution" on file in the County Clerk's Office. Moved by Law supported by Bishop the resolution be adopted. AYES: Ferrens, Gosling, Huntoon, Jensen, Johnson, R. eehn, S. Kuhn, Law, Luxor!, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake. (25) NAYS: None. , (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90076 By Planning and Building Committee IN RE: Economic Development Division - RLSOLUTION APPROVING PROJECT PLAN (PONTIAC OSTEOPATHIC HOSPITAL NURSING HOME PROJECT) - VILLAGE OF LAKE ORION To the Oakland County Board of Commissiorers Mr. Chairperson, Ladies and Gentlemen: WHEREAS The Economic Development Corporation of the County of Oakland (the "EDC") has recommended that this Board of Commissioners approve the Protect Plan required by the Edonomic Development Corporations Act, Act No, 338 of the Michigan Public Acts of 1974, as amended (the "Act") for the Pontiac Osteopathic Hospital Nursing Home Project, a copy of which Project Plan is attached hereto as Exhibit A (the "Project Plan"); and WHEREAS the CDC's recommendation to this Board of Commissioners was based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan prepared in connection with the Project satisfies all of the requirements of Section 8 of the Act regarding project plans, that the persons who will be active in the management of the project for at least one (1) year after the projected date of the County Board of Commissioner's approval of the Project Plan will have sufficient ability and experience to manage the Plan properly, and that the proposed method of financing the Project is feasible and a bond purchaser's commitment has been obtained; and WHEREAS on 1990, the governing body of Oakland County, Michigan, also approved the Project Plan; and WHEREAS on March 8, 1990, this Board of Commissioners held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS this Board of Commissioners, following such public hearing and its review of the Project Plan, concurs in the determinations of the [DC with respect thereto; NOW THEREFORE BE IT RESOLVED BY 1HE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as 1. The Project Plan, in the form attached hereto as Exhibit A, is hereby determined to constitute a public purpose as contemplated ty the Act. 2. The Project Plan is hereby aeprcved. 3. The EDC is hereby authorized to take such steps as are necessary to implement the Project 3nd the financing thereof by the issuance of revenue bones or notes. 4. Tnt' ZierAis hereby Veeetee: to provide four certified eepies of this resolution to the eesisient Soeretary of the Board of toe C. The Planning and 3uildine Coemittee, by Larry Crake. ;ehairperson, moves for adoOtion of the foreeoing resolution. PLANNING AD BUILDING COMMITTEE 104 Commissioners Minutes Continued. April 5, 1990 Moved by Crake supported by Huntoon the resolution be adopted. Moved by Brake supported by Huntoon the resolution be amended by deleting the third WHEREAS paragraph and add an additional paragraph to read: BE IT FURTHER RESOLVE; that approval by the Board of Commissioners is contingent upon the Village of Lake Orion approving the project plan.' A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, McPherson, Moffitt, Oaks, Pappageorge, Pernick, ?rice, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens. (24) NAYS: None. (0) • Resolution declared adopted. Report (Misc. 90077) By Personnel Committee IN RE: Department of Public Works/Water & Sewer Operations Division CREATION OF PUMP MAINTENANCE SUPERVISOR CLASSIFICATION SERIES AND RECLASSIFICATIONS OF POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution reports with the recommendation that the resolution be adopted. The Personnel Committee further recommends the addition of the following two paragraphs after the first BE IT FURTHER RESOLVED paragraph: 1) BE IT FURTHER RESOLVED that all costs associated with the newly reclassified positions, including salary, benefits and overtime, be charged to the applicable projects, thereby not obligating any general fund expenditures for this request, 2) BE IT FURTHER RESOLVED that the continuation of these positions be contingent upon generating sufficient project revenues to fully cover salary, benefits and overtime costs. Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMM.:TTEE John P. Calandro, Chairperson Misc. 90077 By Planning and Building Committee IN RE: Department of Public Works/Water & Sewer Opera tions Division CREATION OF PUMP MAINTENANCE SjPERVISOR CLASSIFICATION SERIES AND RECLASSIFICATIONS OF POSITIONS To the Oakland County Board of Commissioners • Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Pump Maintenance area of the Puma and Electronic Maintenance Unit has experienced substantial growth in the number of Sewage Pumping ano Well Water Stations operated and maintained by the division; and WHEREAS additional maintenance staff was added to this area with the 1990 budget thereby increasing supervisory responsibilities; and WHEREAS substantial overtime costs were incurred for supervision of this unit during 1989; and WHEREAS the Personnel Department is recommending the reclassification of an existing Pump Maintenance Mechanic II position to a new classification of Pump Maintenance Supervisor I to provide assistance to the Supervisor of the Pump Maintenance area: and WHEREAS the Personnel Department is also recommending the reclassification of the existing' Pump Maintenance Supervisor position to a new classification of Pump Maintenance Supervisor II as a result of the growth in facilities and staff maintained oy the Pump Maintenance area. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners creates a Pump Maintenance Supervisor classification series: I. Pump Maintenance Supervisor II, at a salary grade 13, regular overtime. Pump Maintenance Supervisor I. at a salary grade 10, regular overtime. BE IT FURTHER RESOLVED that one (11 special revenue Pump Maintenance Supervisor position (number 027251 be reclassified to the Pump Maintenance Supervisor II classification, and that one (1) special revenue Pump Maintenance Mechanic II position (numeer 01019) be reclassified to the Pump Maintenance Supervisor : classification in the Pump and Electonic Maintenance unit of Water and Sewer Operations Division. BE IT FURTHER RESOLVED that the Pump Maintenance Supervisor classification be deleted from the Salary Schedule. Mr. Chairperson, on behalf of the Heeling and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson 105 CoMmisaioners Minutes Continued. April 5, 1990 The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90078 By Planning and Building Committee IN RE: aepartment of Public Works - AUTHORIZATION TO RE-ADVERTISE FCR BIDS - VEHICLE IMPOUND YARD To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS each year the Sheriff or Prosecuting Attorney impounds vehicles that have become road hazards, that have been abandoned, that are not registered, that are involved with arrests, or that are being held as evidence in criminal cases: and WHEREAS a storage facility for 30 vehicles was constructed at the Central Garage in 1986 to partially address this need; and WHEREAS this number of vehicles impounded each year has increased to the point where the existing storage facility is no longer adequate; and WHEREAS another impound yard that CU provide safe and secure storage for an additional 125 vehicles can be constructed at the Trusty Camp at an estimated cost of $30,000; and WHEREAS funding for this project is available in the Vehicle Impound line item of the 1990 Capital Improvement Program, NOW THEREFORE BE IT RESOLVED that the Department of Public Works be, and is hereby, authorized to advertise said project for bias, receive bids, anc to report to the Planning and Building Committee upon receipt and tabulation of such bids, MT. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING CCMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by ,k;hrson the resolution be adopted. AYES: Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McPherson, Moffitt. Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, islop, Caddell, Chester, Crake, Ferrens, Gosling. (23) NAYS; None. '(D) A sufficient majority having voted therefor, the resolJtion was adopted, REPORT By Planning and Building Committee IN RE: 1989 ANNUAL REPORT OF THE PLANNING AND BUILDING COMMITTEE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; • In accordance with Section "E h of Ru10 X of the Board Rules, your Planning and Building Committee has begun its biennial inspection of County-owned buildings and grounds. Several buildings were visited on tours made throughout the year. On February 21, 1989, the Executive Office Building was inspected. On April 11, the Committee toured the Health Center, Health Center Annex, and Medical Care Facility. On June 5, the Central Heating Plant, the Jail satellites at the 0 & L Buildings, and the main jail were visited. The Committee inspected the Animal Care Center and the Trusty Camp on July 25. Tne Work Release Facility and the Pontiac Market were next on September 19. Individual Committee members were assigned specific buildings. These include the Public Works Building by Commissioner Crake on November 2; the Mental Retardation Center by Commissioner Hobart on November 21; the Courthouse by Commissioner Ferrens on November 28; the South Oakland Health Center by Comnissioner Chester on November 29; and the Oakland/Troy Airport by Commissioners Oaks and McConnell on December 4. In general, those facilities visited were found to be clean and well maintained. Minor deficiencies, if any existed, were brought to the attention of the appropriate staff for imediate correction_ The balance of the building condition report will be made upon conclusion of the builoing tours in 1590. 1989 was an active year. The construction of the Jail was completed and the facility was occupied in February. Space is available for 488 additional prisoners in 244 cells. The project also included extensive' remodeling ir the existing Jail and rilprovements to the kitchen to hande the additional demand. Design of the new Computer Center was completed and the project was put out for bids. Althougn a construction contract was not awarded in 1989, it is expected that sucn a contract will be in place in 1990 and that ground will be broken early that year. Tle construction effort is expected to last 500 calendar days and the new computer facility is tentatively scheduled for occupancy in July of 1991. Work on the Courthouse Master Plan also continues. A Task Force of Elected Officials was assembled with the mission of bringing the Courthouse Addition project in at a cost not to exceed $80,000,000. As of year end, the Task Force was well on its way to tnat goal. A final report on the scope and cost of the project will be presented to the Board in early 1990. Assuming the report is accepted, the design of the addition could then proceed. tAMMISSIUnri minutes 1..uncinueu. April J, LU Projects completed in 1989 include: 1. The replacement of PCB centaminated transformers at various Service Center locations. 2. The installation of the parking lot north of the North Office Building, 3. The Children's Village athletic field. 4. The replacement of existing primary electric service wiring. 5. Reroofing of the Audtorium and the Health Center. 6. Modular furniture for the Law Library. 7. The annual paving program which consisted of: A. Resurfacing the South Oakland Health Center cat. B. Resurfacing the Rcyal Oak Market lot. C. A new connector road through Children's Village. D. Improvements to the intersection of East Service Center Drive and Powerhouse Drive. Projects begun in 1989 and expected to be completed in 1990 include: 1. Remodeling for the Clerk/Register of needs office. 2. The Work Release Facility lot. 3. South Oakland Health Center fire sprinkler addition. ' 4. Replacement of the underground storage tanks at the Central Garage. In related activities, the Facilities Engineering Division provided engineering services to both the Parks and 'Recreation Commission and the Airport Committee. Oesign services were provided for the Parks' new Concession Stand and Technical Support Building. Design services were also furnished for a new bank of 1-hangars at the Oakland/Pontiac Airport. Additionally, testing and inspection services were performed for the new Crash/Fire/Rescue Building which is also located at Oakland/Pontiac. 1990 also promises to be an active year. Major projects anticipated are the temporary relocation of the Prosecutor's Office; remodeling in the Court Tower for two additional Circuit Court Judges; and the remodeling for the Materials Management Center. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. Moved by Crake supported by Pappageorge the report be accepted. A sufficient majority having voted therefor, the report was accepted. Misc. 90079 By Planning and Building Committee IN RE: Department of Public WorKs - AUTHORIZATION TO ReeFIVE BIDS - aROJNOS STORAGE BUILDING To the Oakland County Board of Cemmissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the grounds ',At of the Facilities Maintenance and Operations Division has been housing most of its equipment in various locations both on and off the Service Center; and WHEREAS the existing quonset hut on Perry Street rhich is used for some of the aforementioned storage is in poor ccndition and snould be demolished; and WHEREAS the Facilities Maintenance and Operations Division is desirous cf .relocating the equipment housed therein to the Service Center; and WHEREAS the total project cost of this work has been estimated to be $50,000; and WHEREAS funding for this project is available in the Grounds Storage Building line item of the 1990 Capital Improvement Program, NOW THEREFORE BE IT RESOLVED that the Department of Public Works be, and is hereby, authorized to advertise said project for bids, receive bids, and to report to the Planeing and Building Committee upon receipt and taeulation of such eids. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Moved by Crake supported by Skarritt the resolutii3n ee adopted. AYES: Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon. (23i NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. PLANNING AND BUILeING COMMITTEE Larry P. Crake, Chairperson PLANNING AND BUILDING COMMITTLE Larry P. Crake, Chairperson 107 Commissioners Minutes Continued. April 5, 1990 Misc. 90080 By Planning and Building Committee IN RE: Department of Public Works - AUTHORIZATION TO RECEIVE BIDS - ASPHALT SURFACE FOR WORK RELEASE FACILITY LOT To the Oakland County'Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS the installation of an asphalt surface on the Work Release Facility parking lot was postponed pending completion of the neighboring Computer Center; and WHEREAS such postponement was cone to prevent damage to tne asphalt surface by construction equipment being used on the Computer Center; and WHEREAS such postponement has mode use of the lot after a rainy period impossible; and WHEREAS the availability of this lot for the Work Release Facility is necessary in order to proceed with the construction of the new Computer Center; and WHEREAS the asphalt surface could be applied in two 2-inch layers; and • WHEREAS the first of these two layers could be applied now thereby allowing parking; and WHEREAS the second of these two layers could be applied upon completion of the Computer Center thereby reaairing any damage that might occur; and WHEREAS this first asphalt layer is estimated to cost $33,a130; and WHEREAS funding for this project is available in the Asphalt Paving Program line item of the 1990 Capital Improvement Program. utilities Section. NOW THEREFORE BE IT RESOLVED that tre Department of Poolic Works be, and is hereby, authorized to advertise said project for aids, receive bida, and to report to the Nanning and Building Committee upon receipt and taatiation of such bids. Mr. Chairperson, on behalf of tne Planning and Building Committee, I move the adoption of the foregoing resolution. Moved by Crake supported by Luxon tne resolution be adoptec. AYES: Ahnson, R. Kuhr, S. Kuhn, law, Luxon, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chaster. Crake, Ferrens, Gosling, Huntoon, Jensen. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90081 By Commissioner Richard G. Skarritt IN RE: REMOVE 8.F.I./MARLOWE LANDFILL SITE FROM 641 PLAN To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the B.F.I./Marlowe Landfill Site in Rose Townsnip is known to contain toxic materials, has a high potential for ground water contamination and is on the State's 307 List; and WHEREAS the residents of Rose, Highland and White Lake 7ownships and the organization, Residents for Appropriate Dump Sites (R.A.O.S.1, have made it clear they are opposed to the siting of the B.F.I./Marlowe Landfill; and WHEREAS the updated plan will include a fully integrated system including recycling, waste reduction, composting and incineration, NOW THEREFORE BE IT RESOLVED that the Oakland County Duero of Commissioners, in view of the many known reasons on the unsuitability of the B.F.I./Mariowe Lanciti/1 Site, removes this site from the Oakland County 641 Plan, BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Oakland County Solid Waste Planning Committee. Mr. Chairperson, I move the adcption of the foregoing resolution. Richard G. Skarritt, Commissioner Dist: #2 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: FINANCE a, Michigan Dept. of Commerce-Reimburaeaent of Oil Overcharge Grant - Voluntary Aadit b. Headlee-Coustitutionality of County Bond Sale Challenge GENERAL GOVERNMENT a. City of Birmingham-Supports Open *miry b. Women's Conference of Concerns Support of Open Housing c. Michigan Society of Registered Land Surveyors-(Support} SB 380. 381 Remonumentation d, Michigan Association of Counties-aB 5540-5543 State/Local Jail Partnership Program e. City of Wixom-Ten year Road .mprovement Plan for Oaklann County f. Rose Township-(Support i Patterson-Anderson • PLANNING -AND BOIlarJ:NG COMMI1TEE Larry P. Crake, Charperson 108 Commissioners Minutes Continuec. April 5, 1990 PLANNING AND BUILDING a. city 6-f -froy-Act 641, Support SOCRRA Component to Plan b. City of Berkley-Act 641 Plan, {Support) SCCRRA Component c. Letter from Sandy Rowland (Oxford)- re: Oakland County Solid Waste Update Plan d. Township of Springfield-Comments on Proposed 641 Plan Update e. Headlee-Constitutionality of County Bond Sale Challenge f. Township of Waterford-Mocifications to 641 Plan, Re: Waterford Hills Landfill PUBLIC SERVICES a. Michigan Bell-9-1-1 Annual Audit b. Michigan Dept. of Management & Budget-Crime Victim Rights Funding OTHERS • Commissioners a. Thomas J. Bulger -Washington Report for the Week of March 26, 1990 The Chairperson announcec the next meeting of the Board will April 26, 1990 at 7:30 P.M. The Board adjourned at 11:45 A.M. LYNN D. ALLEN ROY REWOLD Clerk Chairperson r• 77 I 1"--; I ! ) I r : OAKLAND COUNTY Board Of Commissioners MEETING April 26, 19S0 Meeting called to order at 7:31 P.M. by Cnairperson Roy Rewold in the Courthouse Auditorium, 1200 N. Telegraph Road. Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Loon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (26) ABSENT: Calandro. (1) Quorum present. Invocation given by Commissioner Mark Chester. Presentation of the Flag was by the Scouts from the Animal Control Scout Troup, with Sandra Gay and Carl Anderson as Advisors for the group. Pledge of Allegiance to the Flag. Carl Anderson and Nancy McConnell presented each Scout present with a pin and a tree to plant. Moved by Jensen supported by Pernick the minutes of the April 5, 1990 meeting be approved as printed. A sufficient majority having voted therefor, the motion carried. Moved by Olsen supported by McCulloch the rules suspended and the agenda amended for the following: FINANCE COMMITTEE RULE WAIVED b. Management and Budget - 1990 . Waiver of Rule XXVII, 5-day notification. Equalization c. Management and Budget - State Board (same as above) of Equalization Hearing kapointments d. Treasurer - Application for Depart- (same as above) ment of Treasury Loan Approval Michigan Aeronautics Commission Loan for Oakland/Pontiac Airport Vote on amending the agenda: A sufficient majority naving voted therefor, the motion to amend the agenda carried. Vote on suspension of the rules: AYES: R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson. (26) NAYS: None. (0/ 109 A sufficient majority having voted therefor, the motion to suspend the rules carried, and the agenda, as amended. was approved, • 110 Commissioners Minutes Continued. April 26, 1990 Clerk read letter from Chairperson Roy Rewold announcing the appointment of the following persons to serve on the Oakland Caunty Community Development Citizens Advisory Council for a term ending April 30, 1991. LOCAL OFFICIALS: J. Michael Duman, Thomas Dunleavy, Bernard Guide, B. 3. Goulish, William D. Wagoner, Tim Pope CITIZENS: David A. Duda, Barbara Eschker, Dennis Keat, Anre, LeGrand, Joyce Mittenthal, Arlene Walt, Dorothy Webb, Carl Darga COMMISSIONERS: Mark W. Chester, A. Madeliae Luxon, Ruel E. McPherson, Richard G. Skarritt Moved by Richard Kuhn supported by Susan Kuhn the appointments be confirmed. A sufficient majority having voted therefor, the appointments were confirmed. The following persons addressed the Board: Daniel T. Murphy, John Xing, Maggie Tyson, Carolyn Peyser, Maurice Richards, Mary Ann AdcOck, Betie McConnell, William mr..Masters, Marilynne Burton-Ristau and Larry Burton. Misc. 90002 By Finance Committee IN RE: Department of Public Works/Solid Waste - REQUEST FOR ONE (I) ADDITIONAL VEHICLE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #7393 of December 8, 1975, the Oakland County. Board of Commissioners adopted a "County policy on assignment of County vehicles"; and WHEREAS the policy for additional vehicles requires the affirmative recommendation of the Finance Committee; and WHEREAS Section G of this policy also state that the Finance Committee shall recommend to the Board of Commissioners an appropriation sufficient to cover the acquisition cost plus monthly charges for the balance of the current year; and WHEREAS the Oakland County Public Works Department, Solid Waste Unit, has made a request to lease one (1) additional vehicle (passenger car) from the Oakland County Garage for the Community RelationS Coordinator -Solid Waste; and WHEREAS the purchase price of one vehicle and equipment is $9,400 and said amount is in the Contingency Account to cover the icquisition cost; and _ WHEREAS funds are available in the Solid Waste Unit budget to cover the monthly leasing charges; and WHEREAS the County Executive recommends the expansion of the County Car Fleet. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an expansion of the Car Fleet for the vehicle requested by the Public Works Department, Solid Waste Unit:. BE IT FURTHER RESOLVED that $9,400 be transferred from the Contingency Account to the Solid Waste Unit to cover the acquisition cast of the vehicle with equipment as follows; 4-10100-909-01-00-990D Contingency 5(9,400) 4-10100-101 -01 -00-8665 Solid Waste Transfer to Motor Poo 7 9,400 -0- Mr. Chairperson, an behalf of tne Finance Committee, I move the adoption of the foregoing resolution. -FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by McCulloch the resolution be adopted. AYES: Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Johnson, R. Kuhn. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90083 By Finance Committee IN RE: Management and Budget Department - 7990 EQUALIZATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the staff of the Equalization Division of the Oepartmeot of Management and Budget has examined the assessment rolls of the several townships and cities within Oakland County to ascertain whether the real and personal property in the respective townships and cities has been equally and uniformly assessed at true casa value; and WHEREAS based on its findings, the Manager of the Equalization Division has presented to the Finance Committee the recommended 1990 Equalization values which adds to or deducts fromAhe )11 Commissioners Minutes Continued, April 26, 1990 valuation of the taxable property in the several townships and cities an amount, as in its judgement, will produce a sum which represents the true cash value thereof; and WHEREAS the Finance Committee in accordance with Rule XAB of the Board of Commissioners adopted January 4, 1990, has reviewed the findings and recommendations of the employees of the Equalizatioo Division and conducted hearings to provide for local intervention into the equalization process; and WHEREAS the Equalization Factors listed on the attached report are the result of the foregoing process and are for information purposes only. NOW THEREUORE BE IT RESOLVED, that the Oakland County Board of Commissioners adopts the 1990 Equalization and authorizes its certification by the Chairperson of the Board and further that it be entered on the County records and delivered to the appropriate official of the proper township or city. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FIKANCE COMMITTEE G. William Caddell, Chairperson .Moved by Caddell supported by Chester the resolution be adopted, ' AYES: Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Nuntoon, Johnson, R. Kuhn, Law. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90084 By Finance Committee IN RE: Management and Budget - STATE BOARD OF EQUALIZATION FEARING APPOINTMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act ;06 of the Public Acts of 1960, as amended, the State Tax Commission will meet in the City of Lansing at the State Law Building on Tuesday, May 29, 1990 to hear representatives of the several counties pertaining to the State Equalized Value for each county in the State; and WHEREAS your Committee recommends that the Chairperson of the Committee be authorized to appoint a subcommittee of four (4) members, with the other members of the Committee being alternates, the Equalization Manager and Corporation Counsel to appear, if necessary, before the State Tax Commission on behalf of the County of Oakland. NOW THEREFORE BE IT RESOLVED that pursuant to the provisions of Act 106 of the Public Acts of 1960, as amended, the following shall be appointed by the Oakland County Board of Commissioners to represent the Countly of Oakland at the hearing of the State Tax Commission to be held in the City of Lansing on Tuesday, May 29, 1990, four (4) members of the Finance Committee, Equalization Manager. Oon L. Bailey, and Corporation Counsel, Jack C. Hayes. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Gosling the resolution be adopted. AYES: McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Perniok, Price,' Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Jensen, Johnson, R. Kuhn, Law, Luxon. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90085 By Finance Committee IN RE: Treasurer - APPLICATION FOR DEPARTMENT OF TREASURY LOAN APPROVAL - MICHIGAN AERONAUTICS COMMISSION LOAN FOR OAKLAND/PONTIAC AIRPORT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS on May 21. 1981, the County of Oakland received Loan No. 83944 from the Michigan Aeronautics Commission for improvements at the Oakland/Pontiac Airport; and WHEREAS loan approval was not sought from the Michigan Department of Treasury as required by Public Act 202 of 1943, as amendea; and WHEREAS the omission of such lean approval was an unintentional violation of Public Act 202, as County officials believed that the Michigan Aeronautics Commission had the authority to make such loans without additional approval from the Department of Treasury; and 112 Commissioners Minutes Continued. April 26, 1990 WHEREAS the Department of Treasury anC the Attorney General for Municipal Affairs having reviewed this matter and, having found tne violation to be unintentional, have authorized corrective action; and WHEREAS such corrective action involves submitting an exception from prior approval with the necessary attachments to the Department of Treasury on or before May 18, 1990; and WHEREAS . the County Treasurer recommends said corrective action be taken to avoid the County being found in viOlation of Chapter III, Section 1 of Act 202 of the Public Acts of 1943, as amended, which would result in the County being precluded from borrowing money or issuing obligations on the exception from prior approval basis for a period of three (3) years. NOW THEREFORE BE IT RESOLVED that the County Treasurer is hereby authorized and directed to file the exception from prior approval for the Michigan Aeronautics Commission Loan No. 83944, dated May 21, 1981. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners declares that all current and future borrowing of the County of Oakland comply with Department of Treasury legal requirements as set forth in Act 202 of the Public Acts of 1943. as amended, ' Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Ferrens the resolution be adopted. AYES: McCulloch', McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell. (251 NAYS: None. 101 A sufficient majority having voted therefor, the resolution was adopted. Misc. 90072 By Public Services Committee IN RE: Sheriff's Department - PURCHASE OF VIDEO INCIDENT CAPTURE SYSTEM UNITS FOR PATROL VEHICLES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS automation of cu rent law enforcement techniques may result in cost-effective methods to improve the criminal justice system; and WHEREAS the Sheriff's Deparuent has received a proposal from Crim Tec Corporation regarding installation of a Video Incident Capture System (VICS) in patrol vehicles; and WHEREAS this system offers the capability to automatically capture events on tape during patrol duty by means of a video camera and sound recording unit installed in patrol vehicles; and WHEREAS the Sheriff's Department has allowed Crim Tee Corporation to install one (1) VIC System in a patrol vehicle for testing purposes; and WHEREAS results indicate this system may be a cost effective tool for the Sheriff's Department by providing better personnel management, improved officer productivity, reduced liability exposure, and reduced officer court overtime costs; and WHEREAS the cost of the Video Incident Capture System is $6,580 per unit; and WHEREAS the benefits of this system should allow for the recovery of costs over a three (3) year period. NOW THEREFORE BE IT RESOLVED that the Sheriff's Department is authorized to purchase fifteen (15) Video Incident Capture System units from Crim Tec Corporation to be installed in patrol vehicles (10 in Traffic units and 6 in Alcohol Enforcement units). BE IT FURTHER RESOLVED that consideration be given to the purchase and installation of additional units if the system is found to be productive and cost beneficial. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Copy of attachments to the resolution on file in County Clerk's Office. Fiscal Note (Misc. 90072) By Finance Committee IN RE: Sheriff's Department - PURCHASE OF VIDEO INCIDENT CAPTURE SYSTEM UNITS FOR PATROL VEHICLES • To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI -G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90072 and finds: 1) The Sheriff's Department is requesting authorization to purchase fifteen (15) Video Incident Capture System (VICS) units from Crim Tee Corporation at $6,580 per unit, or $98,700 in Commissioners Minutes Continued. April 26, 1990 113 total, to be installed in patrol vehicles (10 in traffic units and 5 in Alcohol Enforcement units). 2) In addition to the capital cost, operational expenses for these units include costs to lease the equipment from the Oakland County Equipment Fund beginning May 1, 1990 (estimated at $130 per unit per month) and costs to purchase tapes and storage racks. 3) It is anticipated the cost of these VICS units will be recovered over a three year period through reduced officer court overtime costs, improved officer productivity, and reduced liability exposure. 4) Funding is available in the Designated Fund Balance - Operational Improvements account (11-10100-492-040) for transfer to the Sheriff's Department budget and Non-Departmental Revenue budget as follows: Revenue 1990 1991 $116,000 $23,400 Sheriff-Operating Transfer Out- Equip. Fund $ 98,700 $ --- Sheriff-Equipment Rental 15,600 23,400 Deputy Supplies 1,700 $116,000 $23,400 S) Consideration will be given to the purchase and installation of addition-a-T-717 units if the system is found to be productive and cost beneficial. FINANCE COMMITTLE G.William Caddell, Chairperson • Moved by Richard Kuhn supported by McCulloch the resolution be adopted. Moved by Gosling supported by Ferrees the resolution be amended by adding an additional paragraph to read: • "BE IT FURTHER RESOLVED that a report on the Video Incident Capture System be made to the Public Services Committee six (6) months after installation of the System." A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: McPherson. Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price. Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R.. Kuhn, Law, Luxon, McConnell, McCulloch. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90086 By Public Services Committee IN RE: Sheriff's Department - DISPOSITION OF PROPERTY HELD BY SHERIFF To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff of Oakland County, by letter of April 5, 1990 has requested authority from this Board to dispose of recovered stolen property whicb has been unclaimed for six months or more after recovery, such authority being necessary pursuant to the provisions of Act 54 of the Public Act of 1959, as amended; said recovered stolen property to be disposed of by manner of public auction to be held Saturday, May 12, 1990. NOW THEREFORE BE IT RESOLVED that authority to dispose of suet' unclaimed property be and the same is hereby granted to the Sheriff of Oakland County, such unclaimed property to be disposed of in the manner prescribed in Act 54 of the Public Act$ of 1959, as amended. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Moved by Richard Kuhn supported by Chester the resolution be adopted. AYES: Moffitt, Oaks, Olsen, Pappageorge, Pernick„ Price, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. • The Chairperson vacated the Chair. Vice Chairperson Nancy McConnell took the Chair. 3-10100-904-01-00-9127 Bedgeted Projects Revenue Expense 4-10100-436-01-00-8670 4-10100-436-01-00-6640 4-10100-439-10-00-4820 PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson 114 Commissioners Minutes Continued. April 26, 199Q Report By General Government Committee IN RE: APPOINTMENT OF LILLIAN JAFFE OAKS TO COORDINATING ZONING COMMITTEE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee recommends that Lillian jaffe Oaks be appointed to the Coordinating Zoning Committee to replace James Ferrens for the term ending December 31, 1990. Mr. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt. Chairperson Moved by Skarritt supported by Crake and Jensen the report be accepted. A sufficient majority having voted therefor, the report was accepted. Mr. Skarritt nominated Lillian .2affe Oaks, seconded by McCulloch. Mr. McCulloch requested a unanimous ballot be cast for Mrs. Oaks. Mrs. Oaks was unanimously elected a member of the Coordinating Zoning Committee for term ending December 31, 1990. The Chairperson returned to the Chair. Misc. 90087 By General Government Committee IN RE: Institutional and Human Services/Community Mental Health - TRANSFER OF SPECIFIC STATE CONTROL OF SUPPORTIVE EMPLOYMENT PLACEMENTS FOR TdRE.c.. INDIVIDUALS To the Oakland County Board of Commissioners Mr. Chairperson, Ladles and Gentlemen: WHEREAS the CMH Board currently provides outpatient services to three individuals, while the Michigan Department of Mental Healtn tnrough the Macomb Oakland Regional Center (MORC) provides day program, specifically supportive employment placements; and WHEREAS the MORC has suge:sted that the day programming responsibility be transferred to the CMH Board for these three indiviouals, so that program continuity will be maintained; and WHEREAS total annual cost of this program is estimated at $30,780, of which $27,702 is State supported and $3,078 is County Match: and • WHEREAS funds are available ia The State Services-Local Match item in the CMH Budget to cover the Local Match, no additional County funds are required; and WHEREAS the program will be operated as a contractual service by the CMN Board, thus no County personnel will be required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the transfer of specific state control of supportive employment placements for three individuals to the Oakland County CMH Board. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. • GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90088 By General Government Committee IN RE: Institutional and Human Services/Community Mental Health - TRANSFER OF SPECIFIC STATE CONTROL OF CAMBRIDGE HOUSE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Mental Health, through the Macomb-Oakland Regional Center (MORC) funds a six-bed group home for the developmentally disabled in Milford; and WHEREAS due to an inability to fill vacant bed space, MORC proposes to transfer the home to County oversight, allowing the local CMH Board to fill the facility: and WHEREAS total annual operating cost of the facility is estimated at $250,193; however due to SSI offset received by the home, the CMH annual operating udyet is estimated at $215,385, of which $210,631 is state supported and $4,754 is County Match; and WHEREAS funds are available in the State Services-Local Match item in the CMH budget to cover the local match, no additional County funds will be required to provide oversight for the facility; and WHEREAS the home will be operated as a contractual service by the CMH Board, thus no County personnel will be required. Commissioners Minutes Continued. April 26, 1990 115 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the transfer of specific state control of Cambridge House to the Cakland County CMH Board, . Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Ricnard G. Skarritt, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Report (Misc. 90065) By General Government Committee IN RE: OPEN HOUSING POLICY FOR OAKLAND COUNTY To the Oakland County board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following addition: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports the concept of the Oakland County Center for Open Housing to build community understanding and support fair and open housing, and to achieve a stable and integrated housing process in Oakland County, and urge other communities within Oakland County to adopt resolutions of support for the Oakland County Center for Open Housing. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Misc. 90065 By Public Services Committee IN RE: OPEN HOUSING POLICY FOR OAKLAND COUNTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the month of April, 1990, marks the twenty-second anniversary of the enactment of the National Fair Housing Law of 1968, whereby he Congress of toe United States declared a national policy of providing fair housing throughout the toentry; and WHEREAS Oakland County, as an urban county grantee of the Federal Community Development Block Grant Program, has certified compliance with Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1958, that it will affirmatively further fair heusing, without regard to race, sex, age, religious, or national origin; and WHEREAS all citizens seeking housing in Oakland County will be afforded a fair and equal opportunity to secure housing of their choice. NOW THEREFORE BE IT RESOLVE0 that the County ef Oakland hereby reaffirms its ongoing policy embodied in the National Fair Housing Law of 1968, and the Fair Housing Amendments Act of 1988, and supports those organizations which constructively work toward the goal of fair and open housing. Mr. Chairperson, on benalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Moved by Skarritt supported ey Pappageorge the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt sapported by Moffitt the resolution be adopted. Moved by Skarritt supported by Oaks and Pernick tne resolution be amended to agree with the amendment in the General Government Committee Report. (add a now BE IT FURTHER RESOLVED paragraph.) Moved by Olsen supported by Jensen the amendment be amended by inserting the language which appears in the South Oakland County Board of Realtors, with the appropriate change. (BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, as a subscriber to fair and open housing for all, encourages the Oakland County Center for Open Housing to build community understanding and support for fair and open housing in Oakland County, and to achieve a stable and integrated housing process in Oakland County, and that other Boards and commonities within Oakland County are encouraged to adopt resolutions of support for the Oakland County Center for Open Housing, and the ideals expressed above.) 116 Commissioners Minutes Continued. April 26, 1990 Discussion followed. Votes on Mr. Olsen's amendment. AYES: Olsen, Bishop, Caddell, Gosling, Jensen, McCulloch, Moffitt. (7) NAYS: Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Chester, Crake, Ferrens, Huntoon, Johnson, R. Kuhn, Law, UAW, McConnell, McPherson. (18) . . A sufficient majority not having voted therefor, the amendment failed. Vote on amendment recommended by General Government Committee: AYES: Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Chester. Ferrens, Johnson, R. Kuhn, Luzon, McConnell, McPherson, Oaks. (14) NAYS: Olsen, Pappageorge, Wolf, Caddell, Crake, Gosling, Huntoon, Jensen, Law, McCulloch, Moffitt. (11) A sufficient majority having voted therefor, the amendment recommended by General Government Committee carried. Vote on resolution, as amended: AYES: Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Chester, Crake, Ferrens, Gosling, Johnson, R. Kuhn, Law, Lemon,' McConnell, McCulloch, McPherson, Moffitt. Oaks. (19) NAYS: Pappageorge, Wolf, Caddell, Huntoon, Jensen, Olsen. (61 A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 9006e By General Government Committee IN RE: PONTIAC SILVERDOME (SUPPORT) PARAMUTUAL TAX ALLOCATION CONTINUATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, in recognition of the significant beneficial impact provided by the Pontiac Silverdome to the economy of Southeastern Michigan, has enacted Act 5 of the Public Acts of 1972, which allocates a portion of the paramutual tax to the Silverdome; and WHEREAS such allocation ha - been given to help lessen the burden of the Host City whose citizens financially support the Silveraome through the repayment of bonds. NOW THEREFORE BE IT RESOLVED teat the Oakland County Board of Commissioners does hereby strongly urge the State of Michigan to continue the annual appropriation of the $800,000 portion of the paramutual tax committed to the Pontia; Silverdome by Act 5 of the Public Acts of 1972. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GERERAL GOVERNMENT COMMITTEE RiOhard G. Skarritt, Chairperson Moved by Skarritt supported by Jensen the resolution be adopted. AYES: Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester. Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Pappageorge. (24) NAYS: Olsen. (1) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90074 By Personnel Committee IN RE: Management and Budget/Reimbursement - CREATION OF TWO POSITIONS IN THE CIRCUIT COURT UNIT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS since the Circuit Court unit of the Reimbursement Division last received a full-time position in 1979, it has experienced a 100% increase in payments received; and WHEREAS there has been a tremendous increase in workload due to new collection procedures; and . WHEREAS the Reimbursement Division has conducted a review of these needs and has presented a proposal for two additional clerical positions to assist the Circuit Court unit in collection of delinquent accounts; and WHEREAS the costs of these two positions would be offset by the increased revenue collected by the Circuit Court Unit. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners create the following two (2) governmental positions within the Circuit Court unit of the Reimbursement Division 117 Commissioners Minutes Continued. April 26, 1990 (127-01): 1 Account Clerk I 1 Clerk III • Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandro, Chairperson Fiscal Note (Misc. 90074) By Finance Committee IN RE: Management and Budget/Reimbursement - CREATION OF TWO POSITIONS IN THE CIRCUIT COURT UNIT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90074 and finds: 1) The Reimbursement Division has requested the creation of an Account Clerk I position and a Clerk III position to handle the increased workload due to new collection procedures for delinquent accounts in the Circuit Court unit; 2) The annual cost of the two (2) positions is $35,916 for salaries and $15,192 for fringe benefits; 3) The cost of the two (2) positions for the period April 21 through December 31, 1990 is $26,146 for salaries and $11,060 for fringe benefits; 4) Annual revenue collected by the Circuit Court unit is expected to-increase and offset the costs of these two (2) positions; 5) The 1990/1991 Biennial Budget is to be amended as follows: Revenue 1990 1991 3-10100-311-01-00-2082 Court Costs $37,206 $3,71-08 Expenses. 4-10100-127-01-00-1001 Salaries $26,146 $35,916 4-10100-127-01-00-2075 Fringe Benefits 11,060 15 192 •$37,206 $51;108 -0- FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Law supported by Johnson the resolution be adopted. Moved by McCulloch supported by Bishop the resolution be amended by inserting the following new paragraph: "BE IT FURTHER RESOLVED that the continuation of these positions be reviewed periodically to determine if they are generating sufficient project revenue to fully cover salary, benefits and over- time costs." A sufficient majority having voted therefor, the amendment carried. Votes on resolution, as amended: AYES: Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens„ Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, W4$ adopted. Report (Misc. 90077) By Personnel Committee IN RE: Department of Public Works/Water & Sewer Operations Division CREATION OF PUMP MAINTENANCE SUPERVISOR CLASSIFICATION SERIES AND RECLASSIFICATIONS OF POSITIONS To the Oakland County Boara of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution reports with the recommendation that the resolution be adopted. The Personnel Committee further recommends the addition of the following two paragraphs after the first BE IT FURTHER RESOLVED paragraph: 1) BE IT FURTHER RESOLVED that all costs associated with the newly reclassified positions, including salary, benefits and overtime, be charged to the applicable projects, thereby not obligating any general fund expenditures for this request. 2) BE IT FURTHER RESOLVED that the continuation of these positions be contingent upon generating sufficient project revenues to fully cover salary, benefits and overtime costs. Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing ... 118 Commissioners Minutes Continued. April 26, 1990 report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Misc. 90077 By Planning and Building Committee IN RE: Department of Public Works/Water & Sewer Operations Division CREATION OF PUMP MAINTENANCE SUPERVISOR CLASSIFICATION SERIES AND RECLASSIFICATIONS OF POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Pump Maintenance area of the Pump and Electronic Maintenance Unit has experienced substantial growth in the number of Sewage Pumping and Well Water Stations operated and maintained by the division; and WHEREAS additional maintenance staff was added to this area with the 1990 budget thereby increasing supervisory responsibilities; and WHEREAS substantial overtime costs were incurred for supervision of this unit during 1989; and WHEREAS the Personnel Doartment is recommending the reclassification of an existing Pump Maintenance Mechanic II position to a new classification of Pump Maintenance Supervisor I to provide assistance to the Supervisor of the Pump Maintenance area; and WHEREAS the Personnel Department is also recommending the reclassification of the existing Pump Maintenance Supervisor position to a new classification of Pump Maintenance Supervisor II as a result of the growth in facilities and staff maintained by the Pump Maintenance area. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners creates a Pump Maintenance Supervisor classification series: I. Pump Maintenance Supervisor II, at a salary grade 13, regular overtime. - II. Pump Maintenance Supervisor I, at a salary grade 10. regular overtime. BE IT FURTHER RESOLVED that one (1) special revenue Pump Maintenance Supervisor position (number 02725) be reclassified to the Pump Maintenance Supervisor II classification, and that one (1) special revenue Pump Maintenance Mechanic II position (number 01019) be reclassified to the Pump Maintenance Supervisor I classification in the Pump and Electronic Maintenance unit of Water and Sewer Operations Division. BE IT FURTHER RESOLVED that the Pump Maintenance Supervisor classification be deleted from the Salary Schedule. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Fiscal Note (Misc. 90077) By Finance Committee IN RE: Department of Public Works/Water and Sewer Operations Division - CREATION OF PUMP MAINTENANCE SUPERVISOR CLASSIFICATION SERIES AND RECLASSIFICATION OF POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90077 and finds: 1) Location #1421302725 would be reclassified from Pump Maintenance Supervisor to a special revenue Pump Maintenance Supervisor II. 2) Location #1431301019 would be reclassified from Pump Maintenance Mechanic II to a special revenue Pump Maintenance Supervisor I. 3) Annual costs of reclassifications are $4,977 of whicn $3,838 are for salaries and $1,139 for fringe benefits. 4) Prorated costs for 1990 are $3,254 of which $2,509 are for salaries and $745 for fringe benefits. 5) Costs incurred for pump maintenance are recovered through charges to users. 6) Budget amendments to Water and Sewer Operations are not recommended due to availability within the salaries and fringe benefit budget for Water and Sewer Operations Division. 7) Budget amendments to the fringe benefit fund will be made on a euarterly basis. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Pappageorge the resolution be adopted. Moved by Law supported by Papeageorge the resolution be amended as recommended in the Personnel Committee Report (add two (2) BE IT FURTHER RESOLVED paragraphs.) A sufficient majority having voted therefor, the amendment carried. Commissioners Minutes Continued. April 26, 1990 119 Votes on resolution as amended: AYES: Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, R. Kuen, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Rewold. (23) NAYS: None. (0) A sufficient majority laving voted therefor, the resolution, as amended, as adopted. Misc. 90090 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section - GRANTING OF PERMANENT EASEMENT FOR SANITARY SEWER TO THE CITY OF AUBURN HILLS, ACROSS COUNTY-OWNED PROPERTY, 1700 BROWN ROAD, BEING PART OF TAX PARCEL 14-03-100-019, AREA OF ANIMAL CONTROL BUILDING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland owns property in the City of Auburn hills, located at 1700 Brown Road, and identified as part of Tax Parcel 14-03-100-019; and WHEREAS the County of Oakland has sold to the City of Auburn Hills, approximately 10 acres of land westerly of the Animal Welfare Building; and WHEREAS the City of Auburn Hills is presently constructing a new facility to house their Department of Public Works; and WHEREAS the existing sanitary sewer which would facilitate the City of Auburn Hills new Department of Works building is located on County of Oakland property; and WHEREAS the City of Auburn Hills is now requesting a permanent easement for construction of a sanitary sewer located on County property; and WHEREAS Richard Johnston, Assistant Manager, Facilities, Maintenance and Operations, and Carl Anderson, Manager of Animal Control, have reviewed ane field inspected this request; and WHEREAS Richard Johnston and Carl Anderson both recommend the granting of this easement to the City of Auburn Hills for the construction of a sanitary sewer. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the granting of a permanent easement to the City of Auburn Hills for sanitary sewer purposes and further directs its Chairperson to execute the necesssary documents to effect the same. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Moved by Crake supported by Huntoon the resolution be adopted. AYES: Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Huntoon, Jensen, Joenson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt. (24) NAYS: -None- (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90091 By Planning and Building Committee IN RE: Department of Public Works/Solid Waste - AUTHORIZATION TO EXPEND FROM THE SOLID WASTE UNIT PROFESSIONAL SERVICES LINE ITEM WITHOUT PRIOR APPROVAL WITHIN LIMITS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County is aggressively involved in the development of an integrated solid waste management system; and WHEREAS in the next few months the county will require engineering, architectural and professional service assistance from local firms; and WHEREAS this assistance would include site plans, zoning permit submissions, soil borings at the Waste-to-Energy (WTE) and Material Recovery Facility (MRF) site, advance engineering for off-site utility connections at tne WTE/MRF site, Auburn Hills permit application fees. property appraisals for the compost site, and public relations material; and WHEREAS the funds for these expenditures are available An the Solid Waste Unit Professional Service line-item; and WHEREAS Miscellaneous Resolution 189328 requires specific approval of the Oakland County Board of Commissioners prior to expenditure of fonds from the Solid Waste Unit Professional Services line-item; and WHEREAS receiving this prior approval may cause delays in the project. NOW THEREFORE BE IT RESOLVED as follows: 1. The Oakland County Board of Commissioners hereby authorizes the Planning and Building Committee to authorize expenditure of up to a total of $25,000 from the Solid Waste Unit Professional Service line item without specific prior approval, consistent with the 1990-1991 120 Commissioners Minutes Continued. April 26, 1990 Adopted Budget and standard County purchasing practices. 2. Any such expenditures will be reported .with explanation by the Department of Management and Budget to the members of the Board of Commissioners, along with projected estimated expenditures, on a monthly basis. 3. Additional authorization above S25,000 may be approved by the Planning and Building Committee, Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of this resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson The Chairperson referred the resolution to the Planning and Building Committee. There were no objections, Misc. 90092 By Planning and Building Committee IN RE: ESTABLISHMENT OF DEPARTMLNT OF SOLID WASTE MANAGEMENT: TRANSFER OF CERTAIN FUNCTIONS FROM DEPARTMENT OF PUBLIC WORKS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Act 186 of the Public Acts of Michigan 1989 ("Act 186"), authorizes the County of Oakland (the "County"), organized under Act 139 of the Public Acts of Michigan, 1973, as amended ("Act 139"), to establish a Department of Solid Waste Management as art additional department pursuant to Section 14 of Act 139; and WHEREAS if the County establishes a Department of Solid Waste Management, it will be 'authorized under Act 186, among other things, to acquire, construct and operate, and to issue bonds to finance one or more solid waste systems as provided in Act 186; and WHEREAS the Board of Commissioners desires to establish a Department of Solid Waste Management to enable the County to utilize the provisions of Act 186 relating to the acquisiticn, construction, operation and financing of solid waste disposal systems; and WHEREAS in connection with the establishment of the Department of Solid Waste Management, the Board of Commissioners has received the affirmative recommendation of the County Executive that certain of the functions of the Department of Public Works be transferred to the Department of Solid Waste Management and has conducted a public hearing with respect to the proposed transfer of functions as required by Section 14 ef Act 139. - NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby establishes the Department of Solid Waste Management as an additional department, pursuant to Section 14 of Act 139, which shall function as provided in Section 13 of Act 139 and as provided in and subject to this resolution and any subsequent resolutions of the Board of Commissioners establishing a solid waste system as provided in Act 186; BE IT FURTHER RESOLVED that the Solid Waste Unit and all functions relating to the planning, construction, maintenance and operation Of county solid waste systems, including resource recovery and distribution be transferred from the Department of Public Works/Administration Division to the Department of Solid Waste Management consistent with the attached organization charts; BE IT FURTHER RESOLVED that the Board of Commissioners hereby establishes the Solid Waste Management Enterprise Fund and transfers the 1990 Solid Waste Budget as displayed on pages 379 and 380 of the Budget Document of which S686,767 is receivable from the sale of bonds and S167,865 is receivable from the General Fund, and transfers all corresponding expenses to date; BE IT FURTHER RESOLVED that all previously adopted resolutions and parts of resolutions, insofar as they conflict with the provisicns of this resolution, are hereby rescinded. Mr. Chairperson, on behalf of tne Planning and Building committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson The Chairperson referred the resolution to the Personeel Committee and the Finance Committee. There were no objections. The Chairperson announced a Public Hearing will be held on the "Establishment of the Department of Waste Management: Transfer of Certain Functions from Department of Public Works" on May 24, 1990 at 10:00 A.M. Misc. 90093 By MeMbers of Board of Commissioners IN RE: CELEBRATION OF THE OUTDOORS IN OAKLAND COUNTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS in recognition that our Nation was built with tee dynamic human spirit of our Commissioners Minutes Continued. April 26, 1990 121 forebears from the plentiful natural resources of this land, the Celebration of the Outdoors is being held April 22 -29, 1990, in conjunction with the 20th Anniversary of Earth Day, as a reminder to all Americans that we must recommit our efforts to preserving our natural resources and protecting our environment for our future generations; and WHEREAS within Oakland County 'many conservation groups, service clubs, schools and municipalities are commemorating this week with activities such as the Oakland Parks Foundation's Conference on "Protecting Open Land in Oakland County" being held April 27th; and - WHEREAS on a daily basis, the County, through its Parks and Recreation programs, its Solid Waste programs, Drain Office, and Planning Division seek to create a safe and pleasant environment for the Citizens of our County. NOW THEREFORE 8E IT RESOLVED that the Oakland County Board of Commissioners does hereby commend all of those individuals and organizations which have participated in the 20th Anniversary of "Earth Day." for through their actions and commitment our great heritage will be guaranteed to our children. . Mr. Chairperson, we move tne adoption of the foregoing resolution. • Marilynn E. Gosling, Commissioner Dist. #14 G. William Caddell, Jim Ferrens, David L. Moffitt, Ruel McPnerson, Donn Wolf, Richard D. Kuhn, Jr Lillian Jaffe Oaks, Dennis M. Aaron, Donna Huntoon, A. Madeline Luxon, Susan Kuhn, Mark Chester, Hubert Price, Jr., Thomas A. Law, • Donald W. Jensen, Lawrence R. Pernick, John E. Olsen, Richard G. Skarritt, Donald Bishop Moved by Gosling supported by Oaks the rules be suspended for immediate consideration of the resolution. A sufficient majority having voted therefor, the motion to suspend the rules carried. Moved by Gosling supported by Ferrens the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 90094 By Commissioners Hubert Price, Jr. and James D. Ferrens IN RE: SILVERDOME ECONOMIC IMPACT STUDY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS sport and entertainment centers play a vital role in the total economic outlook of today's society by: 1. generating revenues for retail purchases, food and hotel services, and ancillary activities, and 2. placing an economic burden on the community which must provide for the health, welfare and safety of the people who attend the functions of such facilities; and WHEREAS the City of Pontiac is in the unique position of providing a sports and entertainment center for all of southeastern Michigan with all its attendant costs, but does not reap the economic profit of generated revenues which are directed into communities outside of Pontiac which have large hotels and regional shopping centers; and WHEREAS no current study exists which demonstrates the amount of revenue the Silverdome brings into the Tr-County Area and which delineates to which communities such revenue is directed and for what goods and services. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby direct the Department of Management and Budget to solicit bids from recognized accounting firms to prepare an audit report on the amount of revenues generated in southeast Michigan by the Pontiac Silverdome, and such report will detail the amount of revenues flowing into all significant benefactor communities by goods and services purchased. BE IT FURTHER RESOLVED that a tabulation of all such bids shall be brought to the Finance Committee within 30 days of the passage of this resolution for a recommendation to the Board on the award of contract for this economic impact study, Mr. Chairperson, I move the adoption of the foregoing resolution. Hubert Price, Jr., Commissioner Dist. #8 James D. Ferrens, Commissioner Dist. #7 The Chairperson referred the resolution to the Finance Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. Mecosta County - T.R.I.M. Referendum b. NACo- House Leadership Considering Cutting State and Local Tax Deduction as Part of FY-91 Budget c. Senator Harmon Cropsey-SB 631, 4-Year Terms for Commissioners LYNN D. ALLEN Clerk ROY REWOLD Chairperson 122 Commissioners Minutes Continued. April 26, 1990 PLANNING AND BUILDING a. City °lc-Madison Heights - (Oppose) SOCRRA Incinerator b. MacDonald and Goren-Solid Waste Plan-Clarkston Disposal PUBLIC SERVICES a. Probate Court - Youth Assistance Award ••• OTHERS Management & Budget a. Equalization - Ind. Fac. Exempt in Excess of 5% SLY - Koppy Corp., Auburn Hills There were no objections to the referrals. Mr. Pernick gave notice of his intent at the May 24, 1990 meeting to discharge the Finance Committee of consideration of ''Solid Waste - Award of Material Recovery Facility to Waste Management Corporation.'' The Chairperson stated the next Board meeting will be May 24, 1990 at 9:30 A.M. The Board adjourned at 9:48 P.M. OAKLAND COUNTY Board Of Commissioners MEETING May 24, 1990 Meeting called to order by Chairperson Roy Rewold at 1015 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling Nuntoon, Jensen, Johnson, Richard Kunn, 5Jsan Kohn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (26) ABSENT: Oaks. (1) 04OrUM present. Invocation given by Commissioner John P. Calandro. Pledge of Allegiance to the Flag. Moved by Richard !Win supported by Oaks the minJtes of the approved as printed. A sufficient majority having voted therefor, toe minutes were approved.• Moved by Olsen supported by Pernick the agenda be amended and the rules suspended for the following additions to items on the agenda: PERSONNEL COMMITTEE a. Personnel Collective Bargaining Agreement with Board of Commissioners' Staff (Suspend Rule X.1 F - Direct referral to Finance Committee) PLANNING AND AND BUILDING a. Corporation Counsel - Real Estate Lease of Office Space - Oakland Pointe Park I: - Prosecutor's Office (Suspend Rule XI F - Direct referral to Finance Committee) b. Drain Commissioner - Johnson Drain, Ful -: Faith and Credit (Suspend Rule XI.G. Expedition Requested by the Department. Resolution will not be referred to the Finance Committee) c. Drain Commissioner - ,(oorganization of Engineering Section (Suspend Rule XI F - Direct referral to Finance Committee and Suspend Rule XXVII, 5-day notification for Personnel Report -Personnel Committee met on 5/23/90) PUBLIC SERVICES a. District Court Probation - Request for additional Positions (Suspend Rule XI-() - Direct referral to Finance Committee; Suspend Rule XXVII, 5 -day notification - Personnel Committee met on 5/23/90). • c. Sheriff - Changes ir Property Room Staffing (Same reason as Above for Item a.) d. 52nd District Court - Create Clerical Positions and Increase Magistrate and Certified Electronic Operator Positions (Same Reasons as Above for Item A sufficient majority having voted therefor, the motion to amend the agenda carried. Vote on suspension of the rules and adoption of the agenda, as amended: AYES: Bishop, Caddell, Calandra Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernic, Price, Rowold. Skarritt, Wolf. (25) NAYS: None. 0) ILi April 26, 1990 meeting be 124 Commissioners Minutes Continued. May 24, 1990 A'sufficient majority haying voted therefor, the motion to suspend the rules carried, and the agenda, as amended, was approved. The Chairperson made the following statement: fl At this time a public hearing is now called on the Creation of a Solid Waste Department (Resolution #90092). Notice of the Public Hearing was published in the Oakland Press on May 14, 1990, Are there any persons present that wish to speak on the public hearing?" The following persons addressed the Board regarding resolution #90092 (Creation of a Solid Waste Department): Susan Mysliwiec, John King, Judy White and Rudy Serra. No other persons requested to speak and the public hearing was declared closed. Under public comments, the following persons addressed the Board: Judith A. White, Lauri Eaton, Marilynne Burton-Ristau, Linda Alef and John King. Misc. 90095 ' By Finance Committee IN RE: Department of Management and Budget - FISCAL POLICIES MANUAL To the Oakland County goard of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS decisions by elected and appointed government officials should be based on useful and valid financial policies; and WHEREAS public confidence in government and voter's approval of its actions requires accountability and timely disclosure of relevant and accurate financial information; and WHEREAS capital needs and competition for capital resources have increased the demand by public and private providers for prudent financial management in the context of publicly stateo fiscal policies; and WHEREAS the Department of Management and Budget, in cooperation with the County Treasurer, has prepared a FISCAL POLICIES MANLAL covering the following topics: *General Financial Goals of the County *Accounting and Budget Policies *Purchasing Policies *Revenue and Investment Policies *Capital Improvement Policies *Debt Management Policies *Reserve Policies *Communication and Disclosure Policies *Code of Professional Ethics; and WHEREAS the County Executive has implemented the proposed fiscal policies included therein as a guide for future administrative and legislative decision-making. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners adopts the FISCAL POLICY MANUAL recommended by the County Executive and authorizes the Department of Management and Budget and the County Treasurer, respectively, to be responsible for implementation of the policies enumerated therein; Mr. Chairperson, on behalf of the Finance Committee, 7 move adoption of the foregoing . resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of FISCAL POLICIES MANUAL on file in County Clerk's Office. Moved by Caddell supported by Jensen the resolution be adopted. AYES: Caddell, Caiancro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, LuX0D, McConnell, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90096 By Finance Committee IN RE: Public Works/Facilities Engineering Division - CONTRACT AWARD FOR VEHICLE IMPOUND YARD AT THE TRUSTY CAMP To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolufjon #90078 of Board of Commissioners authorized the County Executive's Facilities Engineerng Division to receive bids for construction of a vehicle Commissioners Minutes Continued. May 24, 1990 125 impound yard at an estimated cost of $27,700; and WHEREAS in accordance with bidding procedures, bids for the installation of the above mentioned were received ane opened on May 3, 1990: ane WHEREAS the County Fxecutive's Department of Public Works has reviewed a/1 bids submittec and recommends that the lowest responsible bidder, Future Fence Company be awarded a contract for construction in the amount of $21,456; ane WHEREAS additional costs are estimated to be $2,744: and WHEREAS the total cost of the above mentioned work is estimated to be $24,200 as detaileC in the attached schedule; and WHEREAS funding for the above mentioned project is available in the 1990 Capital Improvement Program - Utiities Fune #40200. NOW THEREFORE BE IT RESOLVED as follows 1) The contract proposal of Future Fence Company of Detroit, Michigan in the amount of $21,456 be accepted and the contract awarded in concurrence with the Planning and Building Committee recommendations, 2) Funds be provided in tne amount of $2,744 to cover the remaining project costs, . The Chairperson cf the 3oard of Commissioners is hereby authorized and directed to execute a contract with Future Fence Company of Detroit, Michigan on behalf of the County of Oakland, 4) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the awardee of this award, in writing no later than 10 days after adoption of this resolution. The award shall not be effective until the awardee has been notified. . Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE 5. Wifliam Caddell, Chairperson Report to Finance Committee (Misc. 90096) By Planning and Building Committee IN RE: AWARD OF CONTRACT - VEHICLE IMPOUND YARD AT TRUSTY CAMP Mr. Chairperson, Ladies and Gentlemen: The Planning and Bulthng Committee, having reviewed the bids received for the above referenced project, reports wlth the recommendation that the contract be awarded to Future Fence Company of Detroit, Michigan, in the amount of $21,456.00, for a total project cost of $24,200.00. Mr. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing reports. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Caddell supported by Ferrens the resolotion be adopted. AYES: Calandro, Chester, Crake, Ferrens, Gosling, Muntooe, Jensen,.Johnson,'R. Kuhn, S. Kuhn, Law, Lexon, MCConnell, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, .Rewold, Skarritt, Wolf, Aaron, Bishop, C.addell. 25) NAYS: None. (3) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90097 By Finance Committee IN RE: Department of Computer Services - 1990 FIRST QUARTER CATA PROCESSING DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS all data processing development cost incorporated as a single appropriation within the Computer Services Department Budget and then an amount equal to the actual expense is transferred to the user department on a quarterly basis With a summary report to the Finance Committee; and WHEREAS the Computer Services Department has determined the 1990 First Quarter data processing development charges in the amount of $451,513 for the governmentally funded County departments; and WHEREAS these development charges are for programs which are in conformance with the guidelines set forth by the Computer User Advisory COMIlittee and the Computer Center master plan approved by the Finance Cemmittee; and WHEREAS an appropriation transfer to governmentally funded County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED the Board of Commissioners has reviewed the 1990 First Quarter Data Processing Development for user departments and finds $451,513 from the 1990 Data Processing Development budget (acct. #4-10100-181-01 -00-6361) and transfers said funds to the appropriate user departments consistent with the attached schedule. General Fund - Reference Library: Expenditures 4-10100-513-01 -00-3302 4-10100-513-01 -00-4898 , 4-10100-513-01-00-6360 11-10100-513-01-00-8615 4-101C0-909-01-00-9900 126 Commissioners Minutes Continued. May 24, 1990 Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell. Ce,airperson • Moved by Caddell supported oy Jensen the resolution be adopted. AYES: Chester, Crake, Gosling, Nntoon, Jensen, Johnson, R. Kuhn, S. Kohn, Law, Limn, McConnell, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90098 By Finance Committee IN RE: Department of Public Services/EMS and Emergency Management Division - SARA TITLE III PLAN DEVELOPMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Superfund AmenJments and Reauthorization Acts (SARA) of 1986, Title III require the planning and provisions for public information on extremely hazardous substances in local communities; and WHEREAS the Oakland County 8oard of Commissioners has approved this concept and funds were allocated for this program in 1988 and 1989; and WHEREAS a bid proposal was issued in 1989 to hire a consultant to develop emergency response plans for designated sites throughout Oakland County: and WHEREAS aIl bids received were reviewed, with Kemron Environmental Services being the lowest responsible bidder at 128,000. WHEREAS the funds were not encumbered for 1990, and therefore. returned to the General Fund balance; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the 1990-1991 Biennial Bucget for the SARA Title III Plan as follows: 4-10100-909-01 -00-9912 Special Contingency (528,000) 4-22100-177-01-00 -3128 EMS-Professional Services 28,000 $ 0- FINANCE COMMITTEE C. William Caddell, Chairperson Moved by Caddell supported by Chester the resolution be adopted. AYES Crake. Ferrens, Gosling, Huntoon, Jensen, Johrson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop. Caddell, Calandra, Chester. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90099 By Finance Committee • IN RE: Department of Computer Services - Reference Library - AUTOMATE) CIRCULATION To the Oakland County Board of Commissioners Mr..Chafeperson, Ladies and Gentlemen: WHEREAS the Reference Library is a member of the Wayne Oakland Library Federation (WOLF). a public library cooperative, and participates in WOLF's automated system that allows computerized access to data files, on-line circulation and interlibrary loan ant: WHEREAS a personal computer would automate other tasks in the Reference Library such as mcnitoring financial records, ordering publications, and word processing; and WHEREAS this enhancement has been approved by the Computer Users Advisory Council. NOW THEREFORE BE IT RESOLVED that the Oakland County board of Commissioners authorizes the following amendment to the 1990/1991 Biennial Budget for the Reference Library personal computer and software: 1990 1991 Data Processing $ 322 $ 552 Office Supplies 105 180 Computer Services-Operations 1,141 1,956 Operatins Transfer Out 4,138 0 Subtotal S ,706 Contingency 1777706) $(2,688) Total $ 0 $ 0 127 Commissioners Minutes Continued. May 24, 1990 Computer Services Fund: — Revenues 3-63600-181 -01 -00-2037 Budgeted Departments $ 1,141 $ 1,556 3-63600-181-01-00-8101 Operating Transfer In 4,138 0 Subtotal $ 5,279 1,956 Expenditures 4763600-184 -01 -00-3304 Depreciation $ 1,141 $ 1,956 4-63600-184-01-00-5993 Computer Equipment 4,138 0 Subtotal $ 5,279 $ 1,966 Total $ 0 $ 0 FINANCE COMMITTEE . S. William Caddell, Chairperson Moved by Caddell supported by Law the resolution be adopted. AYES: FerrenE, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop,.Caddell, Calandro, Chester, Crake. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90100 By Finance Committee IN RE: Community Development Division - 1990 -1991 COMMjNITY DEVELOPMENT BLOCK GRANT (COBG) PROGRAM SUMMARY ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #89105 requires the Finance Committee to review acceptance of all grants; and WHEREAS the County of Oakland, by Miscellaneous Resolution W90063 authorized the Community Development Division to file a 1990/1991 application for Housing and Urban Development (HUD) Block Grant funds in the amount of $3,483,000; in addition to $641,507 in County Program Income, and $3,210 in Community Program Income for a total program amount of $4,127,717; and . WHEREAS HUD by letter of April 11, 1990, transmitted to Oakland County a grant in the amount Of $3.483,000 for fiscal year 1990/1991, covering tne period May 3, 1990 through May 2, 1991 as shown on the attached Schedule; and WHEREAS no County funds are required for this grant; and WHEREAS the grant agreement has been reviewed and approved as to legal sufficiency by Corporation Counsel. NOW THEREFORE BE iT RESOLVED that the Oaklanc County Board of Commissioners accept the HUD grant in the amount of $3,483,000 and both the County and Community Program Incomes totaling $644,717, for a program total of $4,127,717. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby authorized to execute the said grant agreement. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to approve minor changes- and grant extensions, not to exceed fifteen (15) percent variance, which is consistent with the agreement as approved, BE IT FURTHER RESOLVED that the acceptance of this grant does not obligate the County to any further commitment. BE IT FURTHER RESOLVED that the 1990/1991 3udget not be amended at this time, as data is being compiled for further information, forthcoming in August, 1990. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. • FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Susan Kuhn the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Jonnson, R. Kuhn, S. Kuhn, Law, luxon, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, Remold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens. (24) . NAYS: None. (0) A sufficient majority raving voted therefor, the resolution was adopted. w...mmisikniers tes eontinuea. may Z4, 1990 Misc. 90101 By Finance Committee IN RE: Community Development Division - 1990/1991 RENTAL REHABILITATION GRANT PROGRAM ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a report was submitted to the Chairperson of the Oakland County Board of Commissioners regarding the Community Development Division's application for funding in the amount of $125,000 for the 1990-1991 Rental Rehabilitation Program; and WHEREAS the U.S. Department of Housing and Urban Development has approved an award of $125,000 for Oakland County for the period June 1, 1990 through May 31, 1991 for the program, as detailed in the attached schedule; and WHEREAS this grant is 100% federally funded and no County funds are required; and WHEREAS the grant agreement has been reviewed and approved as to legal sufficiency by Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1990-1991 Rental Rehabilitation Grant Program award in the amount of $125,000. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby -authorized to execute said grant agreement. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to approve minor changes and grant extensions, not to exceed fifteen (15) percent variance, which is consistent with the agreement as approved. BE IT FURTHER RESOLVED that the acceptance of this grant does not obligate the County to any further commitment. OE IT FURTHER RESOLVED that the 1990/1991 Budget not be amended at this time, as data is being compiled for further information, forthcoming in August, 1990. Mr. Chairperson, on behalf of tne Finance Committee, I move the adoption of the foregoing resalution. FINANCE COMMITTEE G. William Caddell, Chairperson • Moved by Caddell supported ey Chester the resolution be adopted. AYES: Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, taw, Luxon, McConnell, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandrci. Chester, Crake, Ferrens, Gosling. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90102 By Finance Committee IN RE: Public Works/Facilities Engineering Division - CONTRACT AWARD FOR MATERIALS MANAGEMENT CENTER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; • WHEREAS by Miscellaneous Resolution #90039 the Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids to remodel the former Dittrich Building for the Materials Management Center; and WHEREAS in accordance with bidding procedures, bids for the above mentioned were received and opened on March 29, 1990; and WHEREAS the County. Executive's Department of Public Works has received all bids submitted and recommends tnat the lowest responsible bidder, Ken Day, Inc. be awarded a contract for construction in the amount of $573,300; and WHEREAS additional costs are estimated to be $90,730a an WhEREAS the total cost of the above mentioned work is estimated to be $664,000 as detailed in the attached schedule; and WHEREAS funding for the above mentioned project is available in the Ispo Capital Improvement Prcaram - Buildings Section, Fund #40100. NOW THEREFORE,BE IT RESOLVED as follows: 1) The contract proposal of Ken Daly, Inc. of Bloomfield Hills, Michigan in the amount of $573,300 be accepted and the contract awarded in concurrence with the Planning and Building Committee recommendations, 2) Funds be provided in the amount of $90,700 to cover the remaining project costs. 21 The Chairperson of the Board of Commissioners is nereby authorized and directed to execute a contract with Ken Daly, Inc. of Bluomfield Hills, Mineigan on behalf of the County of Oakland, 4) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the awardee of this award, in writing no later than 10 days atter adoption of this resolution. The award shall not be effective until the awardee has been notified. report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson 129 Commissioners Minutes Contioued. May 24, 1990 Mr. Chairperson, en behalf of the Finance Committee, : move the adoption of the foregoing resolution. FINANa COMMITiEE G. William Caddell, Chairperson Report to Finance Committee (7list. 90102) By Planning and Building CoWttee IN RE -; AWARD OF CONTRACT - MATERIALS MANAGEMENT CENTER Mr. Chairperson, Ladies and Gentlemen: The Planning and 6u -riding Committee, having reviewed the bids received for the above referenced project, reports with the recommendation that the contract be awarded to Ken Daly, Inc. of Bloomfield Hills, Michigan in the amount of $513,300; for a total project cost of $664,000. Mr. Chairperson, on behalf of the Planning ane Building Committee, I submit the foregoing Moved by Caddell supported by Crake the Planning and Building Committee Report be accepted. .A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Crake the resolution be adopted. • Moved by Price supported cy Aaron that Corporation Counsel place the property under Consideration on the for sale" list. The Chairperson ruled the motion out of order. Moved by Price supported by Aaron the resolution be referred back to the Planning and Building Committee for the purpose of consideration of placing the property on the for sale" list. Vote on motion to refer: AYES: Luxon, McPherson, Pernick, Price, Aaron. (5) NAYS: Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Wolf, Bishop, Caddell. Calandro, Chester, Crake, Ferrens, Gosling, Huntoon. (21) A sufficient majority not having voted therefor, the motion to refer failed. Vote on resolution; • AYES: Johnson, k. Kuhn, S. Kuhn, Law, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandra Chester, Crake, Farrens, Gosling, Huotoon, Jensen. (22) MAYS: Luxor], McPherson, Price, Aaron, (4) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90103 By Finance Committee IN RE: Public Worksiracilities Engineering Division - CONTRACT AWARD FOR WORK RELEASE FACILITY PARKING LOT PAVING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution e30080 the Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for asphalt surface, on the parking lot at the Work Release Facility at an estimated cdst of $33,000; and WHEREAS in accordance with bidding procedures, bids for the installation of the above mentioned were received and opened on May 2, 1990; and WHEREAS the County Execotive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder, Al's Asphalt Paving Company, Inc. be awarded a contract for construction in the amount of $18,308; and WHEREAS additional costs are estimated to be $2,392; and WHEREAS the total cost of the above mentioned work is estimated to be $20,700 as detailed in the attached schedule: and WHEREAS funding for the above 'mentioned project is available in the 1990 Capital Improvement Program - Utilities Fund ;40200. NOW THEREFORE BE IT RESOLVED as follows: 1) The contract proposal of Ws Asphalt Paving Company, Inc. of Taylor, Michigan in the amount of $18,3D8 be accepted and Wi- the contract awarded in concurrence th the Planning and 130 Commissioners Minutes Continued. May 24, 1990 Building Committee recommendations, . 2) Funds be provided in the amount of $2,352 to cover the remaining project costs, 3) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with Al's Asphalt Paving Company, Inc. of Taylor. Michigan on behalf of the County of Oakland, 4) The County Executive's Department of Public Narks, Facilities Engineering Division, shall notify the awardee of this award, in writing no later tnan 10 days after adoption of this resolution. The award shall not be effective until the awardee has been notified, Mr. Chairperson, on behalf of the Finance Committee, : move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Report to Finance Committee (Misc. 90103) By Planning and Building Committee IN RE: AWARD OF CONTRACT - WORK RELEASE FACILITY PARKING LOT Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, haying reviewed the bids for the above-referenced project, reports with the recommendation that the contract be awarded to Al's Asphalt Paving Company, Inc., of Taylor, Michigan in the amount of $18,308.00, for a total project cost of $20,700.00. Mr. Chairperson, on behalf of the Planning and Building Committee, I hereby submit the foregoing report. PLANNING AhD UELDING COMMITTEE Larry P. Crake, Chairperson Moved by Caddell supported by Ferrens the report be accepted. A sufficient majority having voted therefor, tae report was accepted. Moved by Caddell supported by Jensen the resolution be adopted. AYES: R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Perniak, Rewold, Skarritt, Wolf, Aaron, Bishop, Caadell. Calandra), Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson. (25) ' NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90087 By General Government Committee • IN RE: Institutional and Human Services/Community Mental Health - TRANSFER OF SPECIFIC STATE CONTROL OF SUPPORTIVE EMPLOYMENT PLACEMENTS FOR THREE INDIVIDUALS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the CMH Board currently provides outpatient services to three individuals, while the Michigan Department of Mental Health through the Macomb Oakland Regional Center (MORC) provides day program, specifically supportive employment placements; and WHEREAS the MORC has suggested that the day programming responsibility be transferred to tne CMH Board for these three individuals, so th4t program continuity will be maintained; and WHEREAS total annual cost of tnis program is estimated at $30,780, of which $27,702 is State supported and $3,07E1 is County Match; and WHEREAS funds are avai l able in The State Services-Local Match item in the CMH Budget to cover the Local Match, no additional County funds are required; and WHEREAS the program will be operated as a contractual service by the CMH Board, thus no County personnel will be required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the transfer of specific state control of supportive employment placements for three individuals to the Oakland County CMH Board. Mr. Chairperson, on behalf of the General Government ComCttee, I move the adoption of the foregoing resolution. Fiscal Note (Misc. 900871 By Finance Committee IN RE: Institutional and Human Services/Community Mental HealtI - TRANSFER OF SPECIFIC STATE CONTROL OF SUPPORTIVE EMPLOYMENT PLACEMENT FOR THREE INDIVIDUALS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90087 and finds: GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson 131 Commissioners Minutes Continued, May 24, 1950 1) The proposed transfer of supportive employment services for three (3) individuals from State to County control is schedeled for July 1, 1990, 2) Annual operating cost equals $30,780, of which $27,702 will be State supported and $3,078 will be County match; 3) Cost for the balanee of 1990 equals $15,390, of which $13,851 will be State supported and $1,539 will he County match; 4) Sufficient funds are available in the Cmli budget to cover the County match, no additional County resources are rewired; 5) The following amendments to the 1990/1991 Biennial Budget are recommended: 1990 1991 Revenue Expenses 3-22200-166-01-00-2589 State Match $13,851 $27,702 4-22200-166-24-00-3042 Adult Activities $11,224 $22,443 4-22200-166-76-00 -3042 New gorizons 4,166 3,332 4-22200-166-97-00-3042 State Day Programs - (3,078 1 3 ;851 $27,702 $ 0 $ 0 FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Skarritt supported by Pappageorye the resolution be adopted. AYES; S. Kuhn, Law, Luxon, McConnell, McCuloch, McPherson, Moffitt, Olsen, Pappegeorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calancro, Chester, Crake, Ferrens, Goslino, Huntoon, Jensen, Johnson, R. Kuhn. (25; NAYS: None. (0) A sufficient majority havine voted therefor, tie resolution was adopted. Misc. 90033 By General Government Conmittee IN RE: Institutional and Human Services/Community Mental Health - TRANSFER OF SPECIFIC STATE CONTROL OF CAMBRIDGE MOOSE To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Mental Health, through the Macomb-Oakland Regional Center (MORC) funds a six-bed group home for the developmentally disabled in Milford; and WHEREAS due to an inaeility to fill vacant bed space, MORC proposes to transfer the home to County oversight, allowing the local CMH Board to till the facility; and WHEREAS total annual operating cost of the facility is estimated at $250,193; however due to SSI offset received by the home, the CM8 annual operating ndget is estimated at $215,385, of which $210,631 is state supported and $4,754 is County Match; and WHEREAS funds are available in the State Services-Local Match item in the CMN budget to cover the local match, no additfonal County —funds OF be required to provide oversight for the facility; and WHEREAS the home wll be operated as a contractual service by the CMH Board, thus no County personnel will be required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the transfer of specific state control of Cambridge House to the Oakland County CMH Board. • lMr. Chairperson, on bcnalf of the General Goverement Committee, I move the adoption of the foregoing resolution.. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Fiscal Note (Misc. 90088) By Finance Committee IN RE: Institutional and human Services/Community Mental Health - TRANSFER OF SPECIFIC STATE CONTROL OF CAMBRIDGE HOUSE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI -G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90088 and finds: 1) The proposed trensfer of control of The Cembridge House from State to County CMH control is scheduled for July 1, 1990; 21 Annual operating cost equals $215,385, of which $210,631 will be State supported and $4,754 will be County match; 31 Cost for the balance of 1990 equals $107.692, of which $105,315 will be State supported and 72,377 will be County match; 4) Sufficient funds are available in the MI budget to cover the County match, no additional County resources are required; ;32 Commissioners Minutes Continued. May 24, 1930 5) The following amendments to the 1990/1991 Biennial Budget are recommended: 1990 1991 Revenue 3-22200-166-01-00 -2589 State Match Expenses $105,315 $210,631 $ 83,922 $167,845 1,500 3,000 22,270 44,540 (2,377) (4,754) 11U3 -15 $210,631 f -0 - $ -0- 4-22200-166 -27-55 -3042 4-22200-166 -27-55-3114 4-22200-166-24-00-3042 4-22200-166-96-00-3042 M.R.-Client Services M.R.-Medical Services Adult Activities State Residential Serv. FINANCE COMMITTEE G, William Caddell, Chairperson Moved by Skarritt supported by Moffitt the resolution be adopten. AYES: Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron. Bishop, Caddell, ealancfro, Chester, Crake, Gosling, Huntoon,-. Jensen, Johnson, R. Kuhn, S. Kuhn. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90104 By General Government Committee IN RE: Institutional & Human Services/Health Division - CONTINUE PREMARITAL COUNSELING REGARDING SEXUALLY TRANSMITTED DISEASE AND HUMAN IMMUNOSUPRESSANT VIRUS (HIV) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Public Health Code, as amended by Public Act 491 of the Public Acts of 1988, requires marriage license applicants to obtain premarital counseling regarding the transmission and prevention of venereal disease and human immunosuppressant virus (HIV) infection and allows physicians or local health cepartments to provide said counseling; and WHEREAS the Oakland County Health Division has been offering this service option to the citizens of Oakland County on a limited basis since April, 1989; and WHEREAS Miscellaneous Resolution #89099, as amended, requires review and approval prior to June 1, 1990, to continue the premarital counseling program; and WHEREAS the Health Division would like to continue to offer this service on a limitec basis; and WHEREAS this service has been well received and constitutes one aspect of the Health Division's communicable disease prevention and control effort. NOW THEREFORE BE IT RESOLVED that the Oakland County aoard of Commissioners approves the continuation of the premarital counseling program provided ohrough the Oakland County Health Division. Mr. Chairperson, on behalf of the General Government Committee, I Move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Pappageorge the resolution be adopted. Discussion followed. AYES: Loxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, islop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law. (24) NAYS: None. (0) A sufficient majority having voted tnerefor, the resolution was adopted. Misc. 90105 By General Government Committee IN RE: Department of Institutional and Human Services/Community Mental Health - SPECIALIZED SUPPORTEa INDEPENDENCE PROGRAM PLACEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Mental Health (DMH) has asked the Community Mental Health Board to develop an appropriate residential placement for one (1) young adult with . specialized needs; and WHEREAS CMH staff proposes wYch C* Board and State approval, to place this individual in 133 rillOMUC4 LUII4INUCQ. Mdy Gq, In/U a "supported independence program' with Adult Learning Systems (beginning June 1, 19901, an organization that already contracts with the CMH Board: and WHEREAS total annual cost for this placement equals $29,063, of which $28,557 will be State supported and $506 will be County match; and WHEREAS this placement will be conducted through a contractual Service, thus no additional County personnel are required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the supported independence resicential placement of this one (1) individual with special needs. Mr. Chairperson, on behalf of the General Government Committee, I move the adoiytior. foregoing resolution, GENERAL GOVERNMENT COMMITTEE . Richard G, Skarritt, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Report (Misc. 90067) By General Government Committee IN RE:. Farmington Hills - Construction of Noise Barrier by M-DDT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: . The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Misc. 90467 By Commissioner David L. Moffitt IN RE: •FARMINGTON HILLS - CONSTRUCTION OF NOISE BARRIER BY M-DOT To the Oakland County Board of Commissioners Mr. Chairperson, Ladles and Gentlemen: WHEREAS in the planning and promising stages of 1-696 construction in Farmington Hills, the Michigan Department of Transportation KM-DOT) guaranteed to the residents of Howard Road, a natural earth berm to reduce the level of traffic noise from the 8 -lane wide interstate; and WHEREAS following completion of 1-696, M-DOT discovered that the promised 1,000 foot noise barrier would cost $90,000 wore than anticipated because M-DOT had not taken into account the berm area is a wetland; and WHEREAS M-DOT is now turning its hack on its promise and on the citizens of Farmington Hills in allowing this noxious noise pollution to disrupt the lives of the residents of Howard Road. NOW THEREFORE BE IT RESCUED that the Oakland County Board of Commissioners does hereby urge the M-DOT to fulfill its commitment to the citizens of Farmington Hills by the immediate initiation of construction of a traffic-noise buffer along 1 -696 parallel to Howard Road. BE IT FURTHER RESOLVE; that certified copies of this resolution be sent to James Pitz, Director of M-DOT, Oakland County Road Commission, all Oakland County Legislators, the County's Legislative Agent, and the City of Farmington Hills. Mr. Chairperson, I move the adoption of the foregoing resolution. David L. Moffitt, Commissioner Dist. 15 Donn L. Wolf, Commissioner Dist. 27 Moved by Skarritt supported by Wolf the resolution be adopted. Moved by McPherson supported by McCulloch the resolution be referred to Planning and• Building Committee and as Mr. Fitz to come to the meeting to discuss this problem. Discussion followed. Mr. McPherson withdrew his motion to refer. Vote on resolution: AYES: McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake. Ferrens, Gosling, duntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted, 134 Commissioners Minutes Continued. May 24, 1990 Misc. 90106 By Personnel Committee IN RE: Board of Commissioners - 1990 - 1993 LABOR AGREEMENT FOR BOARD OF COMMISSIONERS STAFF REPRESENTED BY COUNCIL 25, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO To the Oakland County Board of Commissioners Mr. Chairperson,.Ladies and Gentlemen: WHEREAS the County of Oakland and Council 25, American Federation of State, County and Municipal Employees, AFL-CIO have been negotiating a contract covering four (4) employees of the Oakland County Board of Commissioners; and WHEREAS a four (4) year agreement has been reached for the period January 1, 1990 through December 31, 1993 and said agreement has been reduced to writing; and WHEREAS said agreement hae been reviewed by your Personnel Committee which recommends approval of the agreement; NOW THEREFORE BE IT RESOLVED that the agreement between the County of Oakland and Council 25, American Federation of State, County and Municipal Employees, AFL-CIO be and the same is hereby approved; and that the Chairperson of this Board, on behalf of the County of Oakland, be and is hereby authorized, to execute said agreement, a copy of which is attached hereto. . Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandro, Chairperson • Copy of Collective Bargaining Agreement on file in County Clerk's Office. Fiscal Note (Misc. 90106) By Finance Committee IN RE: - Board of Commissioners - 1990-1993 LABOR AGREEMENT FOR BOARD OF COMMISSIONERS STAFF REPRESENTED BY COUNCIL 25, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90106 and finds: 1) The labor agreement is for a four-year period covering January 1, 1990 through December 31, 1993. 2) The salary percentage increase fcr each year varies with each position and is detailed on the attached schedule. 3) Sufficient funds are appropriated in the 1990/1991 Biennial Budget, therefore, no budget amendments are necessary. FINANCE COMMITTEE G. William Caddell, Chairsperson Moved by Calandra supported by Chester the resolution (with favorable Fiscal Note attached) be adopted. AYES: McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Rewold, Skarritt, KW, Aaron, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, kuntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell. (24) NAYS: None. (0) .A sufficient majority having voted therefor, the resolution was adopted. Misc. 90107 By Personnel Committee • IN .RE: Personnel Department - SALARY AMINISTRATION FIRST QUARTERLY REPORT FOR 1990 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Groue Reports approved by the Board of Commissioners for Grades 1 - 21 providee for a review and appeal process for departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the First Quarterly Report for 1990 was submitted to the Personnel Committee identifying the reviews requested and the salary grade changes recommended by the Personnel Department after completion of this review process; and WHEREAS fends have been established in the Classification and Rate Change fund to implement salary grade changes resulting from salary administration quarterly report recommendations; and WHEREAS the Personnel Committee has reviewed and approved this report; NOW THEREFORE BE IT RESOLVED that changes in salary grade placement and reclassifications be implemented as shown: 135 Commissioners Minutes Continued. May 24, 1990 Classification Salary Grade Reclassify • From: To: to New Class Delineuert Tax Clerk 8 9 Delineuent Tax Supervisor Juvenile Court Referee II 16 17 CMH Auditor & Agency Liaison 12 15 Pardlegal (6 positions in Frend of the Court) 7 8 FOG Support Specia l ist Paralegal Supervisor (1 positien in Friend of 8 9 FOC Support Specialist Supv. the Court) Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONeEL COMMITTEE johr P. Calandro, Chairperson The Chairperson referrec the resoluticn to the Finance Committee. There were no objections. Misc. 90108 By Planning and Building Committee IN RE: Department of Corporation Counsel - LEASE OF OAKLAND POINTE OFFICE PARK II: PROSECUTOR'S OFFICES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Prosecutor has requested approximately 15,000 additional square feet of office space to consolidate divisions located in tne Nortn Office Building, the Executive Office Building, 196 Oakland Avenue, and the Courthouse Building; and WHEREAS the Prosecutor bases this request upon the lack of offices for current employees, the manner of file storage having been cited as eangerous, and insufficient space available to accommodate the efficient operation of the Prosecutor's Office; and WHEREAS the Oakland County Board of Commissioners in Miscellaneous Resolution .088090 requested and Micnigan Nalic Acts 134 of 1988 authorized the addition of two Circuit Judges, who will take office on January 1, 1991; and WHEREAS each Circuit Judge suite will require auproximately 4,000 -5,000 square feet which is not currently available in the Courthouse Building; and WHEREAS in order to accommodate the addition of two new Circuit Judges, the County Executive recommends that the Presecuting Attorney offices located on the first floor, West Wing of the Courthouse be relocated to leased space off the County Service Center; and WHEREAS the consolidatior of all Prosecuting Attorney functions into one building could be accommodated by relocating all such functions in one leased building off the County Service Center for a period of five years; and WHEREAS the Prosecuting Attorney requests such consolidation into leased premises in order to accommodate all current space needs and to facilitate and improve the efficiency and economy of the Prosecutor's office operations; and WHEREAS the Department of Corporation Counsel - Real Estate Section has located a facility which could accommodate said operation, said facility being the Oakland Pointe Office Park II, managed by Trammell Crow Company and located on Elizabeth Laee Road in Pontiac, Michigan; and WHEREAS said facility has available 33,e20 square feet of space for five years at a rate schedule which averages at $16.19 per square foot per year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the moving and relocation of all divisions of the Prosecutor's °Mae to 33,220 square feet of leased space at the average rate of $16.19 per square toot per year for five years in the Oakland Pointe Office Park II, Pontiac, Michigan, managed by Trammell Crow Company. BE IT FURTHER RESOLVED that the County Executive is authorized to sign the necessary documents to eater into said agreement in accordance with the attached lease. Mr. Chairperson, or behalf of the planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Copy of Lease on file in County Clerk's Office. Fiscal Note (Misc. 901001 By Finance Committee IN RE: Department of Corporation Counsel - LEASE OF OAKLAND POINTE OFFICE PARK II: PROSECUTOR'S OFFICES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90108 and finds; 1) In order to accommodate the addition of two new Circuit Judges, the County Executive I. -1 it• /360 Commissioners Minutes Continued. May 24, 1990 recommends that the Prosecuting Attorney offices located on the first floor, West Wing of the Courthouse be relocated to leased space off the County Service Center. 2) Cost estimates are based on 33,220 square feet of space for five years at a rate schedule which averages $16.19 per square foot per year. 1990 $ 20,762 (5 months utility charges; 1991 485,843 (10 months rent and 12 months utility) 1992 588,271 1993 504,881 1994 521,491 1995 368,185 (lease expires 7 -31-95) $2,689,435 3) The Lease Agreement with Trammell Crow allows ;7,000 toward the installation of a telephone/data system which reduces 1990 funding necessary for wiring of telephones and computers. 41 The Facilities and Engineering Division has estimated the cost to move the Prosecuting Attorney's furniture, files, office equipment and to install telephones and computer equipment at $237,000 - $260,000 which will be offset by $7,000 from Trammel Crow. 5) Upon finalization of floor plans, Board actiup will be required to appropriate the necessary moving costs, telephone and data line installation, security system, furniture, etc. 6) Funding in the 1990/91 Prosecutor's budget is designated to be transferred to Facilities Maintenance and Operations budget to pay for ongoing maintenance and utilities expenses, and these expenses will continue to be incurree whether or not the space is occupied. 7) The appropriation should be transferred to General Fund Non-Departmental Vacant Space for these costs and could be reappropriated at a later date seould the space become occupied. 8) Funding of $20,762 is available in the 1990 Contingency Account. 9) Funding for 1991 is available in Future Space Needs Account, 10) The 1990 and 1991 Biennial Budget be amended as follows: 1930 1991 Expenditure 4-10100-901-01-00-9914 Future Space Needs $ -0- £(485,843) 4-10100-909-01-00-9900 Contingency (20,762) -0- 4-10100-411-01-00-3658 Rent 20,762 485,843 $ -0- -0- - 11) The General Fund budget be amended as follows to provide for space vacated by Prosecutor during renovation; $ -0- $ =0- FINANCE CDMMITTe,: G. William Caddell, Chairperson Moved by Crake supported by Jensen the resolution be adopted. AYES: McPherson, Moffitt, Disen, Papageorge, Pernick, Price, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn. S. Kohn, Law, Luxon, McCulloch. (24) NAYS: Rewold, McConrell. i2) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90109 By Planning and Buildng Committee IN RE: Drain Commissioner - JOHNSON DRAIN - DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Drainage Board for tne Johnson. Drain, by resolution adopted on April 10, 1990, authorized and provided for tne issuance of drain bonds in the aggregate principal amount of $2,675,000 to defray part of the cost of the Johnson Drain; and WHEREAS the bonds are to be designated Drain Bonds, are to be dated June 1, 1990, will bear interest at a rate ur rates not exceeding 10%, and will not be subject to redemption prior to maturity; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County for tee payment of the Drain bonds; and WHEREAS the said drain project is necessary to protect and preserve the public health, and therefore, it is in the best interest of the County of Oakland that the said bonds be sold. NOW THEREFORE BE IT RESOLVED: 1. That pursuant to the autherization provided in Section 474 of the Drain Code of 1956, as amended, the Board of Commissioners of the County of Oakland hereby pledges irrevocably the full 1990 1991 (8/1/90-12/ST750) (1/T79T-12/31/91) 4-10100-411-01 -00-6310 Prosecutors Building Space Cost Allocation $(102,860) $(241,656) 4-10100-902-01-00-0225 Vacant Space 102,860 241,566 137 Commissioners Minutes Continued, May 24, 1990 faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the Johnson Drainage District Drain Bonds and agrees that, in the event any public corporation assessed shall fail or negect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to 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 an installment and interest, it shall be the duty cf the County TreasLrer, for arid 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. Mr. Chairperson, on ehalf of the Planning and Building Committee, I move adoption of the foregoing resolution. Fiscal Note (Misc. 90109) By Finance Committee IN RE: Drain Commissioner JOaNSON NAIN BONDS - FELL FAITH AN) CREDIT RESOLUTION • To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution i90109 and finds: 1) The resolution authorizes the issuance of drain bonds with the County pledging its full faith and credit as the secondary obligator. 2) The total estimated project cost is $3,137,2i6 to be funded by the City of Auburn Hills (86.79%), the State of Michigan (B.36%), and the County of Oakland (4.85%). 3) Oakland County s share of the cost is $152,158 to be paid from the non-departmental Current Drain Assessment account. 4) The principal amount of the bond issue is $2,675,000 at an interest rate not to exceed 101, 5) The statutory limit for County debt is $2,339,540,375 (10%, of 1989 State Equalized Value). As of April 30, 1990, the outstanding debt is $331,247,723 or approximately 1.4% of the S.E.V. 6) No budget amendment is necessary. FINANCE COMMITTEE G. i1iiam Caddell, Chairperson Moved by Crake supported by Caddell the resolutice be adopted. AYES: Moffitt, Pappageorge, Pernick, Price, Rewold, Skarritt, Wol-f, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson. (25) NAYS: None. (j) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90110) By Personnel Committee IN RE: Drain Commissioner - REORGANIZATION OF ENGINEERINS SECTION To the Oakland County Board of Commissioners Mr. Chairperson. Ladies and Gentlemen: The Personnel Committee. having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE John P. Calandrc, Chairperson Misc, 90110 By Planning and Building Goanittee IN RE 1 Drain Commissioner - REORGANIZATION OF ENGINEERING SECTION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentaemen: WHEREAS the volume of work requiring water, sewer, and storm drain engineering and construction project management continues to surge; 3nd WHEREAS the increasing complexity of projects. including environmental regulations, along with the need for better coordinatton of diverse enginnering and construction matters has prompted the Drain Commissioner to review the staffing of the Engineering section; and WHEREAS an organizational separation of the Engineering section into separate "Water/Sewer PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Revenue 3-10100-611-01-00-2529 Expenditures 4-10100-61 1-01 -00-1001 4-10100-611-01 -00-1090 4-10100-611-01 -00-2074 4-10100-611-01-00-2090 4-10100-909 -01-00-9900 138 Commissioners Minutes Continued. May 24, 1990 Engineering" and "Drain/Lakes Engineering" units is proposed as a method to focus the attention of existing staff and aid productivity; and WHEREAS the uperacles of two (2) existing Civil Engineer lii positions to Assistant Chief Engineer will strengthen project management within each area, and allow additional administrative depth, NOW THEREFORE BE IT RESOLVED that Civil Engineer :11 positions numbered 611-05-02638 and 611-05-05819 be reclassified to Assistant Chief Engineer. BE IT FURTHER RESOLVED that separate new units titled Water/Sewer Engineering" and "Drain/Lakes Engineering" be created and existing positions transferred as shown in the attached organization chart. Mr. Chairperson, on behalf of the Planning and Building Committee, i move adoption of the foregoing resolution. Fiscal Note (Misc. 90110) By Finance Committee IN RE: Drain Commissioner - REORGANIZAIION OF ENGINEERING SECTION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90110 and finds: 1) The Engineering Unit of the Drain Commissioner wifl be reorganized into two separate units of "Water/Sewer Engineering" and "Drain'Lakes Engineering." 2) Two (2) Civil Engineer III positions will be upgraded to Assistant Chief Engineer. 3) The cost of these upgrades will be $4,056 for the remainder of 1990 and $7,347 for 4) Seventy-five percent (75%) of the cost will be funded by revenue from project charges while the remaining twenty-five percent (25%) will be funded by the General Fond. 5) The 199011991 Biennial Bueget sheuld be amended as fellows: 1930 1991 PLANNING AN...) BUIL)ING COMMITTEE Larry P. Crake, Chairperson 1991. 1991. Reimbursment for Salaries $ 3,042 $ 5,510 Salaries $ 3.127 $ 5,421 Salary Adjustment -0- 244 Fringe Benefits 929 1,610 Frieee Adjustment -o- 72 . Subtotal $ 4.0-56— $ 7,347 Contingency $(1-,-(-57) $(1,837) $ 3,042 $ 5,510 -0- $ -0- Subtotal Total FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Wolf the Personnel Committee Report be accepted. A sufficient majority having voted tnerefor, the report was accepted. Moved by Crake supported by Skarriet the resolution be adopted. AYES: Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hurtoon, Jensen, JO:INLOn, R. Kuhn, S. Kuhn, Lew, Luxon, McConnell, McCulloch, McPherson, Moffitt. (25) NAYS: None. (0). A sufficient majority having voted therefor, the resolution was adopted. Misc, 90111 By Public Services Committee IN RE: Public Services/District Court Probation/Probation - REQUEST FOR ADDITIONAL POSITIONS To the Oakland.County Board of Commissiorers Mr. Chairperson, Ladies and Gentlemen: • WHEREAS the County's grewing population and an increased hiring of police officers in the 52nd District Court jurisdiction has increased court activity and created a demand for more probation services; and WHEREAS this demand has substantially increased the caseloae of Probation Officers in the division and 117re-eased clerical work generated from the increased caseload; and 139 Commissioners Minutes Continped. ray 24, 1990 WHEREAS the division requests additional staff to zontinue adequately servicing the court and probationers, decrease toe use of jail days, and encourage the court's support for Ordering probation service fees; and WhEREAS the Personnel Department has reviewed and recommended the additional staff requested by the division. NOW THEREFORE BE IT RESOLVED that the Oakland teunty Board of Commissioners create three (31 governmental positions in the Probation unit of the District Court Probation division as follows: 2 Probation Officers I 1 Typist Mr. Chairperson, on behalf of the Publ:c Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard 3. Kuhn, Jr., Chairperson The Chairperson referred the resolutior to the Finance Committee. There were no objections. Misc. 90112 By Public Services Committee IN RE: Community Development Division - OAKLAND LIVIKCSTON HUMAN SERVICE AGENCY WEATHERIZATION AND ENERGY CONSERVATION CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS the Oakland County Comtunity Development Program has as an objective the provision of decent housing, a suitable living environment and expanded cencrtunities principally for persons of low and moderate income; and . WHEREAS Oakland Livingston Human Service Agency has carried out over the past several years an Energy Conservation Program of weatherizirg homes and energy education workshops; and WHEREAS a successful program has been carried out cooperatively between the two agencies since 1978; and WHEREAS the ccoperetive program makes it possible to assist low income, elderly and handicapped persons in meeting ener9y needs through conservation methods utilized in the existing Energy Conservation Repair and Installation Program and through energy education workshops; and WHEREAS this Contract nas been reviewed and approved as to form by the Office of Corporation Counsel; and WHEREAS the Oakland County Community Development Citizens Advisory Council recommends approval by a 12-0 roll call vote of this Contract. NOW THEREFORE BE IT RESOLVED that the Oakland Comity Board of Commissioners authorize the Chairperson of the Board of Comeissioners to execute the attached agreement with the Oakland Livingston Human Service Agency for the implementation of: 1) Energy Conservation Repair and Installation at a sum of $24,20 and; 2) Energy Education at a sum of SI5,750 and not to exceed a total budget of $40,000. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Copy of "Contract eetween Oakland Livingston Human Service Agency and County of Oakland" on file in County Clerk's Office. Moved by Richard Kuhn supported by Susan Kuhn toe resolution be adopted. AYES: Pernick, Price, Rcwold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrous, Gosling, Hurtoen, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge. (25) NAYS: None_ 101 A sufficient majority haying voted therefor, the resolution was adopted. Misc. 90113 By Public Services Committee IN RE: Sheriff - CHANGES IN PROPERTY ROOM STAFFING, CREATION OF COMMISSARY SUPERVISOR POSITION AND TRANSFER OF DEPUTY I POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gertlemer: WHEREAS the Sheriff Department Property Room nas experienced growth in the volume of property and evidence for which it is responsible; and WHEREAS the Sheriff proposes to add additional duties to Property Room personnel; and - WHEREAS the recent retirement of toe Deputy II-A assigned to the Property Room has PUBLIC SERVICES COMMITTEE Richard D. Kuhr, Or., Chairperson 140 Commissioners Minutes Continued. May 24, 1994 provided the department with an opportunity to reorganize and expand the duties and staffing related to this function; and WHEREAS the size and complexity of the jail commissary operations have increased significantly since the opening of the jail addition in early 1989; and WHEREAS the Sheriff Department feels the need for a position to provide direct supervision for commissary staff and perform accounting functions related to commissary operations; and WHEREAS the Sheriff Department indicates funding will be available from the Commissary Fund to fully offset costs for a proprietary Commissary Supervisor position; and WHEREAS six Deputy I positions performing patrol services or the county complex are proposed to be transferred within the Sheriff Department to provide more flexibility in staffing and allow for better utilization of manpower; and WHEREAS the Personnel Department nds reviewed the Sheriff's proposal and recommends the creation of two new classifications to meet staffing needs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following actions related to personnel needs of the Sheriff Department. 1. To create two .(2) new classifications: —7—FFUperty Room Technician at grade 8, regular overtime ' Commissary Supervisor at grade 10, regular overtime 2. To delete one (1) vacant governmental Deputy II position in Technical Services/Operations (43910-03435) 3. To create two (2) governmental positions in Tech Serv/Operations I Property Room Technician 1 Clerical Trainee 1000 hr/yr PINE (The full 1000 hrs to be budgeted for the balance of 1990 and 1000 hrs/yr for each year thereafter.) - 4, To create one (1) proprietary Commissary Supervisor position in Corrective Services- Detention/Jail Commissary 5. To transfer six (6) Deputy I position from Protective Services/Patrol to Corrective Services-Satellites/Court Detention 43615-06028 43615-02032 43615-06029 43615-03152 43615-06031 43615-03256 Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, sir., Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90114 By Public Services Committee IN RE! 52nd District Court - CREATION OF CLERICAL POSITIONS AND INCREASE IN FUNDING FOR MAGISTRATE AND CERTIFIED ELECTRONIC OPERATOR POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a review of 52nd District Court staffing in early 1989 resulted in creation of ten clerical and three Magistrate positions to address increased caseloads, and an agreement was made to have a review of the Court's staffing needs conducted in early 1990; and WHEREAS the Personnel Department has completed a review of the Court's activity and has found a continued increase in caseloads; and WHEREAS Divisions I and III have demonstrated the greatest increase in caseloads and demand for additional staff; and, WHEREAS the 52nd District Courts have generated an increasing percentage of revenues to expenditures since 1983 and project that additional revenue will be realized to further offset the costs of requested positions. NOW THEREFORE BE IT RESOLVED that the Oakland County 3oard of Commissioners approves the following personnel actions in the 52ne District Court: DIVISION I - Walled Lake 1. Create one (1) governmental District Court Clerk position 2. Increase funding for Magistrate position (32201-06754) from 2/5 to 3/5 PINE 3. Increase funding for Certifiee Electronic Operator eosition (32201-06872) from 2/5 to 3/5 PINE DIVISION III - Rochester kills 1. Create one (1) governmental District Court Clerk position 2. Increase funding for Magistrate position (32401-06761) from 2/5 PINE to full-time non-eligible 3. Increase funding for Certified Electronic Operator position (32401-06874) from 2/5 PTNE to full -time non-eligible. Commissioners Minutes Continued. May 24, 1990 Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. The Chairperson referred the resolutior to the Finance Committee. There were no objections. Report (Misc. 90023) By General Government Committee IN RE: (SUPPORT) PENALTY INCREASE FOR A MOTOR VEHICLE OPERATOR FLEEING POLICE To the Oakland County Board of Commissioners . Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted as reported out by the Public Services Committee. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Report (Misc. 90023) By Public Services Committee IN RE: (SUPPORT) PENALTY INCREASE FOR A MOTOR VEHICLE OPERATOR FLEEING POLICE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed Miscellaneous Resolution #90023, (Support) Penalty Increase for a Motor Venicle Operator Fleeing Pclice, reports with the recommendation that said resolution, which recommends amendments to Section 4/9a, of Act No. 328, be adopted, with the remaining provisions of the Act to continue in full force and effect. Mr. Chairperson, on benalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr.. Chairperson Misc. 90023 By Commissioner Rue] E. McPherson IN RE: (SUPPORT) PENALTY INCREASE FOR A MOTOR VEHICLE GPERAIOR FLEEING POLICE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a driver of a motor vehicle who attempts to flee or elude a law enforcement officer after being directed to stop is guilty of a esdemeanor; and WHEREAS under exisrfng law the punishment for this misdemeanor is imprisonment for not less than 30 days nor more than one year, a fine of not more than $1,000 and payment of prosecution costs if the court so orders; and WHEREAS -since ignoring a law enforcement officer's signal to stop can result in a life-threatening "hot pursuit" at high speeds, it seems tnat stricter penalties are needed to induce greater deterrence from this violation. • NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commisisoners supports amendments to Section 479 a. of Act No. 328 of the Public Acts of 1931, as amended, to: (1) imprisonment for from BO days to one year (2) a fine of up to $2,000, and (2) surrender of the motor vehicle if the court so orders. BE ET FURTHER RESOLVED that copies of this resolution be sent to all State Legislators from Oakland County and to the Legislative Agent. Mr. Chairperson, I move the adoption of the foregoing resolution. • Ruel E. McPherson, Commissioner Dist. 9 . Joni G. Pappageorge. Donna R. Hnntoon • Hubert Price, jr,, A. Madeline Luxon, Lillian Jaffe Oaks, James Ferrens, John E. Olsen, Thomas A.Law Moved by Richard Kuhn supported by Pappageor5e the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted, Moved by Richard Kuhn supported by Chester the Public Service Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supported by Pappageorge the resolution be adopted. 141 PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson 142 Commissioners Minutes Continued. My 24. 1990 Moved by McCulloch supported by Chester that Section 479A of the Act be amended to provide for imprisonment up to 60 days to one year for the misdemeanor offense; a fine up to $2,000 for the misdemeanor and, as part of the sentence for a violation of sub -section 1, 4 or 5, that the court may order surrender of the motor vehicle. A sufficient majority having voted therefor, the amendment carried. Moved by Chester supported by Ferrens the amendment be amended to change the word 'surrender" to 'forfeiture'. Mr. McCielloch stated he had no objections to the word being .changed in the amendment. A sufficient majority having voted therefor, the amenement to the amendment carried. Vote on resolution, as amended: AYES: Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrees, Gosling, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McCulloch, McPherson, Olsen, Pappageorge, Pernick. (22) . NAYS: Moffitt. (1) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90115 By Public Services Committee IN RE: Sheriff's Department - RENEWAL OF CONTRACT FOR SHERIFF'S DEPARTMENT AT PINE KNOB MUSIC THEATRE, INC. - TRAFFIC CONTROL - 1990 SEASON To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • WHEREAS the operators of Pine Knob Theatre, Inc. have requested the Oakland County Sheriff's Department to supply patrol officers to assist in traffic control at the theatre for the upcoming 1990 season; and WHEREAS the Sheriff's Department has agreed to supply such patrol officers on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Department; and WHEREAS the County of Oakland shall be reimbursed for such services by the operator of Pine Knob Theatre, Inc. at the hourly rate of: Lieutenant, $38.44; Sergeant, $35.40; and Patrol Deputy, $29.80; for the 1990 season, as was established by Miscellaneous Resolution #89200. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the execution of the attached contract consistent with provision contained therein. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution Moved by Richard Kuhn supported by Huntoon the resolution be adopted, . AYES: Rewold, Skarritt, Wolf. Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon. McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90116 By Public Services Committee IN RE: Sheriff's Department - RENEWAL OF CONTRACT FOR SHERIFF'S DEPARTMENT AT PINE KNOB MUSIC - THEATRE, INC. - CROWD CONTROL - 1990 SEASON To the Oakland County Beard of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Pine Knob Theatre, Inc.. the operator of a summer theatre facility by the same name, has requested the Oakland County Sheriff's Department to supply patrol officers for crowd control within the theatre grounds for the upcoming 1990 season; and WHEREAS the Sheriff's Department has agreed to supply such patrol officers on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Depart - ment; and WHEREAS the County of Oakland snail be reimbursed for such services by the Pine Knob Theatre, Inc. at the hourly rate of: Lieutenant, $38.44; Sergeant, 535.40; and Patrol Deputy, $29.80; for the 1990 season, as was established by Miscellaneous Resolution #84200. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the tract ;;C^FS',17. 4iYL.Z eeovisiees eeeeenel PUBLIC SERVICES CCMMITTEE Richard D. Kuhn, Jr., Chairperson 143 Commissioners Minutes Continued. May 21, 1990 Mr. Chairperson, or behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard O. Kuhn, Jr., Chairperson Moved by Richard Kehn supported by Huotoon the resolution be adopted. , AYES: Rewold, Skarrite, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Jonnson, R. Kuhn, S. Kuhn, Law, Luxon. McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price. (26) • NAYS: None. (C) A sufficient majority having voted therefor, the reso;ution was adopted. Misc. 90117 By Public Services Committee IN RE: Sheriff's Department - CONTRACT FOR CROWD/TRAFFIC CONTROL AT MICHIGAN RENAISSANCE FESTIVAL - 1990 SEASON To the Oakland County Board of Commieeioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Michigan Renaissance Festival, tne operator of a summer theatre facility by the same name, has requested the Oakland County Sheriff's Department to supply patrol officers for Crowd and traffic control within the theatre grounds for the upcoming 1990 .seasone.and WHEREAS the Sheriff's Department has agreed to supply such patrol officers on an availability overtime hourly oasis, the number of man-hours to be determined by the Sheriff's Department; and WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly rate of $29.80 for the 1990 season, as was established by Miscellaneous Resolution #89200, NOW THEREFORE BE IT RESOLVED, that the Caklanc County Board of Commissioners approve the execution of the attached contract consistent with provisions contained therein. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Moved by Richard Kuin supported by Huntoon the resolution be adopted. AYES: Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnsen, R. Kuhn, S. Kuhn, Law, Luxon, McConne11,-McCulloch, McPherson, Moffitt, Olsen, Pappageorge,yereick, Price. (26) o NAYS: .None. (0) A sufficient maority flaying voted therefor. the resolution was adopted- Misc. 901113 By Public Services Committee IN RE: Sheriff's Department - SOUTHFIELD DETENTION FACILITY AGREEMENT RENEWAL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and GerrCemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution #8B52 dated 3122/75, authorized an agreement between the City of Southfield and the County of Oakland wnerein the County would operate Southtiele's 36 cell Detention facility in the City of Southfield's Safety Building,. arid - WHEREAS the Oakland County Board of Commissioners renewed the most recent agreement by Miscellaneous Resolution #89149 dated 6/15189; and WHEREAS the current agreement is due to terminate on June 30, 1990; and WHEREAS annual rates have been established by the County Executive's Department of Management and Budget for the ewo year period July 1, 1990 through June 30, 1992 consistent with the attached schedules; and WHEREAS it is mutually agreed by the City of Southfield and the County of Oakland that the radium. salary rates of $47,3/9 and $49,761 be established as the annual costs per officer for fiscal years July 1, 1990 throuee June 30, 1991 and July 1, 1991 through June 30, 1992 respectively; such costs to be billed in morthly increments; and WHEREAS the proposed agreement has been reviewed and approved as to legal sufficiency by Oakland County Corporation Counsel. NOW THEREFORE BE :T RESOLVED that the Oakland County Board of Commissioners authorizes the renewal of the Southfield Detention Facility agreement for the period July 1, 1990 through June 30, 1992 at the medium salary rates of $47,379 for 199D/91 and $49,761 for 1991/92 per officer, consistent with the attached agreement and schedules. PUBLIC SERVICES COMMITTEE Richard D. Kuon, Jr., Chairperson 144 Commissioners Minutes Continued. May 24, 1990 BE IT FURTHER RESOLVED that the Oakland County Sheriff prepare written quarterly progress reports on inmate population and characteristics which are to be presented to the Public Services Committee. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby authorized to sign said agreement. Mr. Chairperson, on benalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Cnairperson Copy of attachments on file in County Clerk's Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90119 By Public Services Committee IN RE: EMS AND EMERGENCY MANAGEMENT DIVISION - TORNADO WARNING SYSTEM EXPANSION To the 'Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Boar of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy -five percent and the County twenty-five percent with .the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the Township of Highland, per the attached Purchase Agreement, has requested to participate in the siren system; and WHEREAS the Townshiu of Highland has agreed to pay seventy-five percent of the total estimated cost of two sirens; and WHEREAS consistent with the attached standard agreement, the Township of Highland agrees that Oakland County will , retain ownership of tne sirens and will be responsible for the maintenance and the electrical costs for said sirens purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the appropriation of $8,500.00, consistent with the attached budget, as Oakland County's match. BE IT FURTHER RESOLVED that the expenditure of tnis appropriation is contingent upon the execution of the attached written agreement between toe County and the Township of Highland. BE IT FURTHER RESOLVED that the County Executive be and is hereby authorized to execute said agreement. BE IT FURTHER RESOLVED that written quarterly progress reports be presented to the Public Services Committee by the Manager of the Emergency Medical Services and Emergency Management Division and to the balance ef the members of the Board of Commissioners, Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhl, Jr., Chairperson Copy of Purchase Agreement on flle in County Clerk's Office. The Chairperson referred the resolution to tne Finance Committee. There were no objections. Moved by Pernick supported ey Crake the Finance Committee be discharged of consideration of the resolution "Award of Material Recovery Facility to Waste Management, Inc, • AYES: Wolf, Aaron, Bishop, Caddell, Calandro. Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConoell, McCulloch, McPherson, Moffitt, Pappageorge, PerniCk, Price, Rewold, Skarritt. (25) NAYS: Olsen. (1) A sufficient majority having voted therefor, the motion to discharge the Finance Committee of consideration of the resolution carried. Misc. 90120 By Finance Committee IN RE: Department of Public Works - Solid Waste AWARD OF MATERIAL RECOVERY FACILITY TO WASTE MANAGEMENT, INC. Tv tile Oaklaed.County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS in accordance with Wiscellaneous Resolution p88348 the Department of Public Works 145 Commissioners Minutes Continuec. May 24, 1990 issued a Request for Qualification from companies desiring to construct and onerate a Material Recovery Facility (MRF) in Auburn Hills near Giddings and Brown Roads; and WHEREAS four vencors Crinz-Westinghouse, Waste Management, Inc., Browning Ferris Industries and RRT Lmoire Rettrns, were oualifieC and entered simultaneous negotiations with the county which resulted in a proposed Construction and Service Agreement; and WHEREAS as authorized by Miscellaneous Resolution #89346 the Department of Public Works issued a request for proposal from the four vendors which were received and opened on March 28, 1990; and WHEREAS the bids were reviewed by personnel from the Board of Commissioners, the Departthent of Public Works and Management & Budget, Bishop Cook Purcell S Reynolds (negotiating counsel), Public Financial Management (financial advisor), and tedleolm Pirnie (engineer); and WHEREAS the lowest responsive bidder was determined to be Waste Management, Inc. of Livonia, Michigan with a construction price of $15,222,100 and an operation cost of $31175 per month for up to 6,450 tuns, $10 per ton for all additional tons processed and 501 share of all net revenues. WHEREAS the contract specifies conditions precedent to the Notice to Proceed. . NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the proposal of Waste Management, Inc. of Livonia, Michigan to construct and operate a Material Recovery Facility in Auburn Hills near Giddings and Brown Roads and directs the Chairperson of the Board and the County Executive to execute this agreement. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Report (Misc. 90120) By Planning and Building Committee IN RE: DPW-Solid Waste - AWARD OF MATERIAL RECOVERY FACILITY TO WASTE MANAGEMENT, INC. To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • The Planning and Building Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. - Mr. Chairperson, on benalf of the Planning and Building Committee, I submit the foregoing report. • ?LANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Pernick supported by Crake the resolution be adopted. Discussion followed. Moved by Gosling supported by Wolf the resolutien be amended in the NOW THEREFORE BE IT RESOLVED paragraph after "directs the Chairperson of the Board and the County Executive to execute this agreement"; add the following: "after the receipt of Intergovernmental Agreements from 41 communities."; and the resolution be further amended by adding "BE IT FURTHER RESOLVED that no notice to proceed on this project will be issued without approval of the Board of Commissioners." Discussion followed. Vote on amendment: AYES: Gosling, Jensen, Wolf. (3) • NAYS: Aaron, Bishop. Caddell, Calanaro, Chester, Crake, Ferrens, Huntoon, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Rewold, Skarritt. . (23) . A sufficient majority not having voted therefor, the amendment failed. Vote on resolution: AYES: Bishop, Caddefl, Calandro, Chester, Crake, Huntoon, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, Moffitt, Pernick, Price, Rewold, Skarritt, Aaron, (18) NAYS: Ferrens, Gosling. L:ensen, Law, McPherson, Olsen, Pappageorge, Wolf. (8) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90121 By Commissioner John E. Olsen IN RES: SOLID WASTE PROGRAM FUNDING, REVENUE BONDS To the Oakland County Board of :;ommissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Oakland County's dynamic efforts to institute a multi-faceted solid waste program 146 Commissioners Minutes Continued. May 24, 1990 • have produced a progressive, broad-based aporoach to solving the solid waste disposal needs of our citizens; and WHEREAS the magnitude of the Oakland County's Solid Waste Program will require that the program be funded through the sale of bonds; and WHEREAS the program is designed as a county -wide waste disposal system available to all communities; and WHEREAS the extent to which the system is used will vary by community, and the repayment of the bond liability will be correlated to the system's use by each community; and WHEREAS repayment of the system's cest is dependent on user-generated revenue and should be financed through the sale of Revenue Bonds, NOW THEREFORE BE IT RESOLVED that upon approval by the required number of local units of both the Updated Act 641 Solid Waste Plan and the Intergovernmental Agreements, the Oakland County Board of Commissioners does hereby approve the sale of Revenue Bonds for the financing of the Oakland County Solid Waste System in an amount not to exceed $500 Million. Mr. Chairperson, I .move the adoption of the foregoing resolution. John E. Olsen, Commissioner Dist. #17 The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objections. Misc. 90122 By Commissioner John E. Olsen IN RE: SOLID WASTE PROGRAM FUNDING, VOTER-APPROVED BONDS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS disposal of the County's solid waste has become a most pressing concern of Oakland County Government, and in addressing this concern the County is proposing a comprehensive solid waste program which will be the most monumental financial program undertaken in Oakland's history; and WHEREAS the citizens of our County, like those in the rest of our State and Nation; have been communicating their desire for programs which will safeguard the environment, and have been equally vociferous in their demand for tax restraint; and WHEREAS it is anticipated that the revenue generated from the use of this' system will fully cover the payment of the bonded indebtedness and operating cost of the program, and should result in minimal, if any, use of general fund tax dollars; and WHEREAS, however, in this era of high-taxation there is a - public perception of disenfranchisement from a voice in how its tax dollars are obligated and spent, and a failure to allow a vote of the people on this bonded indebtedness will only lead to a furtherance of citizen distrust of their government. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby instruct the County Clerk to place the question of the issuance of General Obligation Bonds to cover the cost of Construction of the Oakland County's Solid Waste program in an amount not to exceed $500 Million before the voters on a county -wide election ballot. Mr. Chairperson, I move etie adoption of the foregoing resolution. John E. Olsen Commissioner District #17 The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objectiors. Misc. 90123 By Commissioner Larry Crake • IN RE: SOLID WASTE PROGRAM FUNDING, "LIMITED 0E1GATION BONDS" To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the culmination of years of planning the Coenty's Solid Waste Program marks the beginning of the construction and implementation portion of the program; and WHEREAS it has been determined that the cost of this program will be approximately $500 Million, and the Board of Commissioners has determined that providing the necessary funding for this program will necessitate the sale of bonds; and WHEREAS it is anticipated that the revenue generated from the use of this system should fully cover the payment of the bonded indebtedness and operating costs resulting in minimal, if any, use of general fund tax dollars. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the sale of "limited obligation bonds" under the provisions of Act 186, of the Public Acts of 1984, as amended, in an amount not to exceee $500 Million. • BE IT FURTHER RESOLVED that the financing of this tremendous public works program be undertaken with extreme prudence and fiduciary responsibility, and that the sale of said bonds will commence immediately upon the securing of the necessary approvals by the local units of both the Commissioners Minutes Continued. May 24, 1990 147 Act 641 Solid Waste Plan Update and the Intergovernmental Agreements which shall provide for the local units to fully cover the cost of the program, and that no construction shall be undertaken until the sale of the bonds is complete. Mr. Chairperson, I wove the adoption of the foregoing resolution. Larry Crake, Commissioner Dist. David L. Moffitt, Ruth A, Johnson The Chairperson referred the resolution to the Finance Committee. There were no objections. Moved by Crake sepported by Huntoon the rules be suspended for immediate consideration of the resolution "Department of Public Works/Solid Waste - APPROVAL OF ADVANCE FUNDING TO PURCHASE THE GIDDINGS AND BROWN ROAD SITE FOR THE SOLID WASTE MANAGEMENT SYSTEM." AYES; Caddell, Calandro, Chester, Crake, Gosling, Huntoon, Jensen, Johnsen, R. Kuhn, Luxon, McConnell, McCulloch, Moffitt, Pappageorge, Pernick, Price, RewoId, Skarritt, Wolf, Aaron, Bishop, (21) NAYS: Ferrens, Law, McPherson, Olsen. (4) A sufficient majority having voted therefor, the motion to suspend the rules carried. Misc. 90124 By Commissioner Larry Crake IN RE; Department of Public Works/Solid Waste - APPROVAL OF ADVANCE FUNDING TO PURCHASE THE GIDDINGS AND BROWN ROAD SITE FOR THE SOLID WASTE MANAGEMENT SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County is involved in the development of an integrated Solid Waste Management System including Material Recovery (MRF), Waste-to-Energy (WTE), various compost facilities, the necessary landfill capacity and other solid waste support activities; and WHEREAS system implementation is dependent on acquisition of landfill capacity, development and approval of an Intergovernmental Aereement, and completion of energy contract negotiations; and WHEREAS it is anticipated that bonds will be sold to finance the entire Solid Waste Management System; and WHEREAS the next logical step in the development of the Solid Waste Program is land acquisition at a cost of $3,580,0DO; and WHEREAS these funds could be advanced to the Solid Waste Enterprise Fund from the County General Fund and repaid with interest at the 6 month Treasury Bill rate after the sale of system bonds. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the purchase of the Giddings and Brown Road site and authorizes the advance of $3,580,000 from the County General Fund to the Oakland County Solid Waste Management Fund for the purchase. . BE IT FURTHER RESOLVED that all funds advanced shall be recovered from the sale of system bonds, which is to take place by February 1, 1991, with interest and the interest rate shall be the rate of 6 month Treasury Bills (8.5%) compounded monthly. . BE IT FURTHER RESOLVED that the County Executive and the Chairman of the Oakland County Board of Commissioners are directed to execute the necessary documents to purchase the Giddings and Brown Road site, consistent with the attachments. Mr. Chairperson, I move the adoption of the foregoing resolution. Larry P. Crake, Commissioner Dist. #S Moved by Crake supported by Muntoon the reseoution be adopted. Moved by Law supported by Olsen the resolution be amended by adding: "develoment of the Solid waste Program is land acquisition at a cost not to exceed the appraised value or $2,780,0D0." Discussion followed. Votes on amendment: AYES: Ferrens, Law, McPherson, Olsen, Pappageorge. (5) NAYS: Calandro, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McCulloch, Pernick, ?rice, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, (19) A sufficient majority not having voted therefor, the amendment failed. Moved by McCulloch supported by Pernick tne resolution be amended in the 1st BE IT FURTHER RESOLVED" paragraph by adding (after "compounded monthly') the following: ", or sale of the land in the event the site is not used for system facilities, or a combination of user fees from system facilities placed on the site and sale of the land if the whole parcel is not needed." LYNN D. ALLEN Clerk ROY RENDLD Chairperson 148 Commissioners Minutes Continued. May 24, ig90 A sufficient majority having voted therefor—the amendment carried. • • • Vote on resolution, as amended: AYES: Chester, Crake, Gosling, Huntoon, :Jensen, Johnson, R. Kuhn, Luxo- McConnell, McCulloch, Moffitt, Pappageorge, Pernick., Price, Rewold, Skarritt, Wolf, Aaron, Bis.00, Caddell, Calandro. (21) • NAYS: Ferrens, Law, McPherson, Olsen. (4) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90125 By Commissioner James D. Ferrens IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the major portion of county buildings have been designated as non-smoking areas in recognition of the health hazards caused by smoking; and WHEREAS 'it is .unlawful for minors to purchase tobacco products in the State of Michigan, i.rt vending machines provide no safeguards from preventing children from buying cigarettes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissiopers does hereby direct the Oakland County executive to take necessary action to immediately remove all cigarette vending machines from County property. Mr. Chairperson, I move the adoption of the foregoing resolution. James D. Ferrens, Commissioner Dist. #7 Lawrence Pernick, Donald E. Bishop, Roy Rewold, Don Jensen, A. Madeline Luxon, Ruth A. Johnson, Donna R. Huntoon, Hubert Price, Jr., Ruel E. McPherson . The Chairperson referred the resolution to the General Government Committee. There were no objections. In accordance with Rule XXII, the followieg referrals were made by the Chairperson: FINANCE a. City of Walled Lake - Walled Lake Downtown Development Authority Development Plan and Tax Increment Financing Plan GENERAL GOVERNMENT a. City of Birmingham-Increase Resources for Funding Overburdened Road Systems . b. City of Birmingham-Property Tax Reform c. Houghton County-Volunteer Firefighters Training funds d. Sen. Jack Welborn-SB 937, Department of Child 4 Youth Services - Update • - e. Kalamazoo County -Opposing Adoption of HR 4019, A Congressional Bill Entitled the Michigan Scenic Rivers Act of 1990 f. John Donohue-Legal Opinion, SB 937, The Child and Family Services Agency Bill g. Lake County-(Oppose) hR 4019 Michigan Scenic Rivers h. City of Oak Park-(Support) Opposition to Incinerator PLANNING & BUILDING • a. ONR-Solid Waste Grant Deadline PUBLIC SERVICES a. H. Wayne Wells, Court Appointed Counsel Fee Increase OTHERS • Management 4, Budget • a. Equalization-Ind. Fee E. In Excess of 5% SEV, Rubright Industries, Inc; City of . Auburn Hills b. Iron County-(Oppose) JIB 5379 & SB 117, Home Equity Loan Program The Chairperson announced a special Board Meeting will be held on May.31, 1990 at 8:30 A.M. . The Board adjourned at 1:00 P.M. • OAKLAND COUNTY Board Of Commissioners MEETING May 31, 1990 Meeting called to.order by Chairperson Roy Rewold at B:57 A.M. in the Courthouse Auditorium, 1200 N. Telegraph, Pontiac, MI. Roll called. PRESENT: Bishop, Caddell, Calandro, Cnester, Crake, Ferrens, Gosling, Huntoon, 3ensen, Johnson, R. Kuhn, Law, Luxon, McConnell McCulloch, McPherson, Moffitt; Oaks, Olsen, Pappageorge, Peenick; Price; Rewold, Skarritt; Wolf. .(2S) .ABSENT: Aaron, Susan Kehn. (2) Quorum present. Invocation given by Commissioner Donn L. Wolf. _Pledge of Allegiance to the Flag. Moved by Olsen supported by Moffitt the agenda be approved as presented. A sufficient majority having voted therefor, the agenda was approved. - Moved by Olsen supported by Skarritt the-rules be suspended for discussion. • AYES: Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Price, Rewold, Skarritt, Wolf. (231 • NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carried. • - The following persons addressed the Board: Terry Donnely, Jim Meenahan, Roger Smith, Sue Mysliewiec, Peter Connors, Dorothy Gibbard,-Ardeth Regan, JoAnh VanTassel, Dr. Phillip Kish, Steve Pete, Claudia Cook, Gisela Lendle-King, Marilynn Burton-Ristau, Jim Qualls, Mary. Ann Ryan, Nancy Krempa, Bill benesh, Jerry Sutton, Judy White and John King. The Chairperson stated the Review of Act 641 - "Solid Waste Plan Update" was before the Board for amendment and/or adoption. Moved by Skarritt supported by Huntoon the BFI/Marlowe Landfill Site be 'removed from the Plan. The Chairperson declared a 5 minute recess. The board reconvened at 11:20 A.M. Discussion an the proposed amendment followed. ' Yates an amendment: MES: Cecil:101, Gosling, liuntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, P.cPherson, Moffitt, Oaks, Pernick, Price, Skarritt, Bishop. (15) . NAYS: Calandro, Chester, Crake, Ferrens, McConnell, McCulloch, Olsen, Pappageorge, Rewold, Wolf. (101 150 Commissioners Minutes Continued. May 31, 1990 A sufficient majority having voted therefor, the amendment carried. Moved by McCulloch supported by Calandro to include the Marlowe Landfill Site in the 641 Plan contingent on entry of a consent judgement satisfactory to DNR and the Oakland County Board of Commissioners which provides the complete mediation of the Marlowe Landfill Site.. Mr.. Bishop stated the.amendment was out of order. The Chairperson ruled the amendment in order. ehallenved the decision of the Chair. The Chairperson stated it takes 3/4 vote to override the decision of the Chair. A "AYE" vote will sustain the decision of the Chair. AYES: Calandro, Chester, Crake, Jensen, Johnson, P. Kuhn, McConnell, McCulloch, Olsen, Pappageorge, Pernick, Price, Rewold, Wolf, Caddell. (15) NAYS: FerrenS, Gosling, Huntoon, Law, Luxon, McPherson, Moffitt, Oaks, Skarritt, Bishop. (10) A sufficient majority NOT having voted therefor, the decision of the Chair was sustained, The Chairperson stated Mr. McCulloch's amendment was before the Board for consideration: Discussion followed. - The Chairperson vacated the Chair. Vice Chairperson, Nancy McConnell took the Chair. Vote on amendment: AYES: Crake, Jensen, McConnell, McCulloch, Olsen, Pappageorge, Rewold, Wolf, Calandro. (91 NAYS: Chester, Ferens, Gosling, Huntoon, Johnson, R. Kuhn, Law, Luxon, MoPheraon, Moffitt, Oaks, Pernick, Price, Skarritt, Bishop, Caddell. (16) A sufficient majority NOT having voted therefor; the amendment failed. . Moved by Remold supported by Richer. Kuhn to remove the expansion of Eagle Valley from the Plan. . AYES: Gosling, Huntoon, johnson, R. Kuhn, Law, Oaks, Price, Rewold, 5karritt, Bishop. (10) NAYS: Crake, Ferrens, Jensen, Loxon, McConnell, McCulloch, McPherson, Olsen, Pappaaeorge, Pernick, Wolf, Caddell, Calandro, Chester. (14) A sufficient majority NOT having voted therefor, the amendment failed. Moved by Rawold supported by McPherson that any Host Community be reimbursed for being a Most Community on a fee basis or whatever it may be, but at least t.0 sit down and negotiate With the communities whether it be a MERF Waste -to -Energy Facility, Landfill or whatever. The Vice Chairperson referred the motion to the Planning and Building Committee. Mr. Bishop objected to the referra. supported by Pappageorge. Mr. Bishop stated since this was not mentioned in the Plan, the oversight should be referred to the 641 Committee and not the Planning and Building Committee. The 641 Plan, as presently before the Board does not speak 1.6 Most Communities fees, and therefore he would like that objection ncted. -Discussion followed. Moved by Gosling supported by Olser the motion be amenced to include after "Host Communities' the words "and contiguous affected communities." A sufficient majority NOT having voted therefor, the amendment to the motion failed. Moved by Rewold supported by Olsen the Plan be amended to state that the Most Community fees should be conceptually discussed in the Plana outlining consideration which would form the basis for such fees. Discussion followed. Vote on amendment: AYES: Gosling, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Pappageorge, Price. Rewold, Skarritt, Wolf; Bishop, Chester. (13) NAYS: Ferrens a Hontoon, Jensen. Law, McCulloch, Moffitt, Caks, Olsen, Pernick, Caddell, Calandro, Crake. (121 LSI Commissioner Minutes Continued. May 31, 1990 . A sufficient majority having voted therefor; tne amendment carried. Moved by Johnson supported by McPherson the 641 Committee take a look at property contiguous to the landfill and the people be compensated for a loss of property value. • AYES: Gosling, Huntoon, Johnson, R. Kuhn; Luxon; McConnell, McPherson, Oaks, Pernick Price, Rewold, Skarritt, Bishop, Chester. (14) NAYS: Jensen, Law, MeCulloch, Meffitt, Olsen; Pappageorge, Wolf, Caddell, Calandra, Crake. (10) A sufficient majority having voted therefor, the motion carried. Moved by :Johnson supported by,Huntoon that at the -bottorrofepage 8-25, the 1ast7sentence (after ."consultation withthe.Oakland.COuoty Solid Wase Oepartment_and .Citizens Review Committee .Chairperson ; the County Execetive) add ."with the .consent of the Board of Commissioner who will appoint 'repi-6eniatives frcm thi affected and adjacent communities: A sufficient majority having voted therefor. tA2 amendment carried. Moved by Olsen supported by Pappaeeorgt the Plan be amended in Sec. (1.8 e 1 IMPLEMENTATION LEGISLATION (second sentence): The present lansuage says "Far any bohds issued to finance the facilities, the County shall pledge its full faith and credit." The proposed langua e will be "The—system will be self -supporting through revenjes generated by waste delivered to the various system cce1ponents to pay bondholders for any bonds issued to finance the faciVties.1 suf-ficient majority having voted therefor, the amendment carried. Moved by Chester soppoi'ted by McPherson the Plan be amended to remove the SOCRRA Incinerator from the County Plan. Discussion followed. AYES: Huntoon, Johesan; Luxon, McPherson; Moffitt; Oaks, Price, Bishop, Chester, Goslin5.(10) NAYS: Jensen; R. Kuhn; McConnell; McCullech, Olsen; Pappageorge, Pernick, Rewald ee Skarritt, Wolf; Caddell, Calondro, Crake. (13) • A sufficient majority NOT having therefor, the amendment failed. . Moved by Bishop supported by McConnell the plan be amended to remove SOCRRA Landfill in Rochester WIlls (page 8-8 of plan). • AYES: Johnson; R_ Kuhn; McConnell, McPherson, Moffitt; Oaks; Rewold, Skarritt, Bishop, Chester, Crake, aosling, lluntoon. (13) NAYS: Jensen; Luxor; McCulloch, Olsen; Pappageorge, Pernick; Price; Wolf, Caddell, Calandro. (10) . sA sufficient majority :laving voted therefor, the amendment carried. Mr. Wolf stated he had voted on the removal of the SCCRRA Landfill from the plan (he voted NAY) and he would like it noted in the minutes he should have abstained from votidg because of a possible conflict of interest. Moved by Price supported by Pernick that all financial concern of oversight responsibility be referred to the Finance Committee and those that concern .the Planning and Building Committee be referred to that committee. The Chairperson stated the referrals have to be referred directly to the 641 Committee. ' Mr. Price stated the board could refer if they wish to, and requested a roll call vote en the motion to refer. 152 Commissioners Minutes Continued. May 31, 1990 AYES: R. Kuhn, Law, Luxor., McPherson, Oaks, Pernick, Price. (7) NAYS: Johnson, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Wolf, Bishop, CAddpil, Calandra, Chester, Crake, Gosling, Huntoon, Jensen. (17) A sufficient majority NOT having voted therefor, the motion to refer failed. - Moved by Pappageorge supported by moffitt to include the site selection criteria as an appendex for our plan, and it so to the 641 Committee to consider. A sufficient majority having voted therefor, the motion carried. Moved by Skarritt supported by Johnson on the 4th line of page 8-38. sec. 8.5.12 (COUNTY BOARD ACTION), after "of all criteria" add by affirmative action.uf" the Board finds the proposed site A sufficient majority having voted therefor, the ameodeene carried. Moved by Skarritt supported by Johnson the plan be amended on page 8-38, the first paragraph en the page, in the next to last line after 'if there is clear and convincing evidence" add "beyond a reasonable doubt." Also under Sec. 8.5,12, the next to last line add the same "beyond a reasonlhle doubt" after 'clear and convincing evidence. A sufficient majority having voted therefor, the amendment carried. The Chairpersen declared a 15 xinute recess for the Board to compile all amendments into a resolution and present to the Board for adoptioa. - The Board reconvened at 2:25 P.M. The Chairperson stated the 641 Plan was before the Board. . - Mr. Crake presented the following resolution: Misc. 90126 oy Larry P. Crake - IN RE: UPDATE OF OAKLAND COUNTY SOLID WASTE MANAGEMENT PLAN To the OaklmIrl County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: o WHEREAS Act G41 of the Public Acts of 1578, as amended, requires the preparation and update every. five years of county solid waste management plans; and WHEREAS this Board, Rursuant to the adoption of Miscellaneous Resolution P37244.on October 8, 1987, filed a Notice of Intent to prepare such a plan update with the Director of the Michigan Depart- ment of Natural Resources (MOHR); and • WHEREAS said resolution also selected the County Executive to act as the deignated pldnning agency responsible for the preparation of:the plan update; and WHEREAS this Board has appointed a fourteen (14) person Solid Waste Planning Committee SWPC) to act in an advisory capacity during the preparation of the proposed plan update; and WHEREAS after thirty (30) public meetings and a public hearing held by the County Executive as the designated planning agency on March 1, 1990, the 5WPC has approved the proposed plan update and in accordance with Act 641, has forwarded it to this Board for approval; and MREAS as a result of the review of the public comment recut and matters presented to this Board, this Board has certain objections to the proposed plan update which are required to be sent to the SWPC for its recommendations in accordance with Act 641. NOW 'THEREFORE BE IT KeSOULD, that the Oakland Coonty eoard of Coweessioners has the flowing objections to the proposed Plan update as approved by the 5WPC on May 10, 1990: . 1) BI/Marlowee landfill site shall be removed from the Plan. 2) Host Oommunity fees should be conceptually discussed in the Plan outlining consideration which would form the basis for such fees. 3) A property value protection program should be conceptuaily discussed in the Plan, along with criteria for specific usage. 4) Section 8.5.4 should be amended to provide that the County Executive will appoint rep- representatives from affected and adjacent communities "with the consent of the Board of Commissioners'. 5) Section 5.8.1 should be amended to delete reference to "...for bonds issued to finance • the facilties, the County shall pledge its full faith and credit." ard insert in place thereof, "The System will be self supporting through revenues generated by waste delivered to the various system .components to pay bondholders for any bonds issued to finance the facilities." 6) The proposed SUCRRA landfill expansion should be removed from the Plan 7) The interim siting criteria in Chapter 8.5 should be reexamined to be more Specific. 8) Chapter 8.5.12 should be strengthened to provide for affirmative action by the Board of Commissioners. LYNN D. ALLEN Clerk ROY BEADED Chairperson Commissioners Minutes Continued. May 31, 1990 9) Chapters 8.5.11 and 8:5.12 should be strengthened to provide "...clear and convincing evidence beyond a reasonable doubt..." BE IT FURTHER RESOLVED that the SWPC is hereby requested to make itS final recommendations directly to this Board by dune 30, 1990, regarding these objections; as provided in Act 641. Mr. Chairperson, I move adoption of the foregoing resolution. Larry P. Crake, Commissioner Dist. 15 . Moved by Pappageorge supported by McConnell the resolution be adopted (with the proposed • amendments being referred to the Solid Waste Committee for consideration). AYES: RI Kuhn, McConnell: Moffitt, Papageorge, Rewold; Skarritt, Wolf, Bishop, (addell, Calandred; Crake; Gosling; Huntocn, Johnson. (14) NAYS: Luxon, McCulloch; McPherson, Bak, Olsen; Pernick, Price, Chester, Jensen. (9) A sufficient majority having virted therefor, the resolution was adopted. The Chairperson stated at the last Board Meeting; Reso1utione90123 was referred to the . Finance Committee and Mr. Crake also wanted it to be referred to Planning and Building Committee. In order to correct the error, the resolution is being referred to the Planning and Building Committee. . In accordance with Rule XXII, the following referrals were made by the Chairperson: PUBLIC SERVICES a. MAC- Jail Partnership S.B.'s 915 and 916 - OTHERS — Commissioners a. Thomas J. Bulger e Washington Report for the Week of May 14, 1990 b. Thomas J. Bulger - Washington Report for The Week of May 21, 1990 Management & Budget a. .Equalization - Ind. Fac. Ex. in Excess of 5% SEV; New Brighton Industries, Wixom The next meeting of the Board will be June 14; 1990 at 9:30 A.M. The Board adjourned at 2:35 P.M. 153 • OAKLAND COUNTY Board Of Commissioners MEETING June 14, 1990 Meeting called to order at 5:57 A.M. by Chairperson Roy Rewold in the Courthouse Auditorium, 1200 N. Telegraph, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Calancro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Usen -,-.Pappageorge,.Pernick, Price, Rewold,.Skarritt ., Wolf. (26) ABSENT: Law. (11 Quorum present. Invocation given by Commissioner Larry Crake. Pledge of Allegiance to the Flag. Moved by McCulloch supported by Pappageorge the minutes of the May 24th and May 31st, 1990 Board meetings be approved as presented. A sufficient majority having voted therefor, the minutes were approved. Moved by Olsen supported by Bishop the rules be suspended and the agenda amended for the following: ITEMS CURRENTLY ON BOARD AGENDA: Personnel Committee - Recruitment of Solid Waste Director. (Waive Rule XI(F) Direct Referral to Finance Committee ITEMS NOT CURRENTLY OR BOARD AGENDA: Finance Committee - Misc. Res. #90122, Solid Waste Program Funding, Voter-Approved Bonds (Waive Rule X1(C) Multiple Committee Referral) Planning and Building Committee - Misc. Res. #50123, Solid Waste Program Funding, "Limited Obligation Bonds - (Waive Rule XI(C) Multiple Committee Referral) Vote on motion to suspend the rules: . AYES: Bishop, Calandra Chester, R. Kuhn, McCulloch, Olsen, Pappageorge, Wolf. (8) NAM Aaron, Caddell, Crake, Ferrens, Huntoon, Jensen, Johnson, S. Kuhn, Luxon, McConnell, McPherson, Moffitt, Oaks, Pernick Price, Rewold, Skarritt. (17) A sufficient majority NOT having voted therefor, toe motion to suspend the rules failed. Moved by Olsen supported by Pernick the Agenda be approved as presented. A sufficient majority having voted therefor, the agenda was approved. Clerk read letter of thanks from Bernice Ferguson and Fran Anderson. Clerk read letter from Chairperson Roy Rewold announcing the appointment of the following persons as members of the Recycling Committee to assist the Solid Waste Task Force: Alice Tomboulian (Chairperson), Thomas Stevens (Vice Chairperson l Nancy P. Johnson, Ruth Johnson, John H. King, Steve Marshall, Robert McClellan, Betty McMath, Marilyn Smith, Nancy Smith, 154 1UU. Commissioners Minutes Continued. June 14, 1990 Bill Glover, Steve Balagna, Claudia Filler, Glenda Hopp, Marilyn Rauth; James Meenahan and Dawn Furlong. There were no objections to the appointments. Misc. 90127 By Finance Committee /-- IN RE: Department of Institutional and Human Services/Health Division - 1989/1990 MICHIGAN HEALTH INITIATIVE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Health Division applied to the Michigan Department of Public Health (MDPH) for Michigan Health initiative funding in the amount of $5.000 to continue appraisal of individual and group health risks egun with a "one-time" grant last year; and WHEREAS MOPH has awarded a $5,000 grant to the Oakland County Health Division, for the period October 1, 1989 through September 30, 1990, through the Southeast Michigan Health Association, the prime sub-contractor for MPH, on this project; and WHEREAS the grant funds will cover 100I of the staff time and materials to conduct the appraisals, no additional County resources are required; and WHEREAS the Office of Corporation Counsel has reviewed the grant agreement and has approved it as to legal sufficiency; and WHEREAS acceptance of this grant does not obligate the County for any future commitments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the 1989/1990 Michigan Health Initiative Grant in the amount of $5,000 and authorize the appropriate amendments to the 1990 Budget be made as detailed on the attached schedule. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute said grant agreement and approve amendmeets up to a fifteen (15) percent variance from the original amount which are consistent with the grant as originally approved. Mr. Chairperson, on behalf of the Finance Committee; I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Susan Kuhn the resolution be adopted. AYES: Bishop, Caddell, Calandro. Chester, Crake, Ferrens, Goiling, Huntoon,Aensen,' R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson; Moffitt; Oaks; Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron. (251 NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90128 By Finance Committee IN RE: Department of .Institutional and Human Services/Health Division - 1989/1990 VENEREAL DISEASE REIMBURSEMENT AGREEMENT ACCEPTANCE • "re the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Health Division applied to the Michigan Department of Public Health (MDPH) for $69,995 in reimbursement funds to conduct venereal disease testing for the period October 1, 1989 through September 30, 1990; and WHEREAS the MPH, desiring to continue this contractual relationship; has awarded the Oakland County Health Division a reimbursement contract in the same amount that was applied for; and WHEREAS the implementation of this agreement requires no additional County staff arid resources; and WHEREAS revenue for this service was budgeted at $55,000 for 1990 in the 1990/1991 Biennial Budget, this agreement will increase this amount by $14,995, which can be appropriated to the 1990 Contingency Account; and WHEREAS the Office of Corporation Counsel has reviewed this agreement and approved it as to legal sufficiency; and WHEREAS acceptance of this agreement does not obligate the County to any future commitments. NOW THEREFORE BE IT RESOLVED THAT THE Oakland County Board of Commissioners accepts the 1989/1990 Venereal Disease Reimbursement Agreement in the amount of $69.995. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute said reimbursement agreement and to approve amendments up to fifteen (15) percent variance from the original award which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: 156 $14.995 Cummissioners Minutes Continued. June 14, 1390 $14,995 $ -0- Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Cadeell supported by Huntoon the resolution be adopted. AYES: Caddell, Calardro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPhersen, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Searritt, Wolf, Aaron, Bishop. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90129 By Finance Committee IN RE: Department of Institutional and Human Services/Health eivision - ACCEPTANCE OF 1984/1990 REIMBURSEMENT AGREEMENT I'OR ENVIRONMENTAL hEALTH SERVICES TO MICHleAN DEPARTMENT OF SOCIAL SERVICES LICENSED FACILITIES • To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHeREAS pursuant to Miscellaneous Resolution 889105 the Health Division applied to the Michigan Department of Public health (MUPH) for $52,455 in reimbursement funds to conduct iespections of Department of Social Services licensed facilities for the -period October 1, 1989 through September 30, 1990; and WHEREAS the MDPH. desiring to continue this contractual relationship has awarded the Oakland County Health Division a. reimbursement contract to conduct said inspections in the same amount as applied for; anC WHEREAS implementation of this agreement requires no additional County staff or resources; . WHeREAS revenue for the service was budgeted at $54,222 for 1990 in the 1990/1991 Biennial Budget, this agreement will decrease this amount by $1,767 which will be offset by a decrease in .Salaries and Fringes in the same amount; and WHEREAS the Office of Corporation Counsel has reviewed this agreement and approved it as to legal sufficiency; and WHEREAS acceptance of this agreement does not obligate the County to any future commitments. NOW THEREFORE BE IT RESOLVED that tbe Oakland County Board of Commissioners accepts the 198911990 Reimbursement Agreement for Environmental Health Services to Michigan Department of Social Services Licensed Facilities in the amount of $52,455. RE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute said reimbursement agreement and to approve amendments up to fifteen (15) percent variance from the original award which are consistent with the agreement as approvea. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows; Revenue . 3-22100-162-20-00-2180 Group Care/Foster Home Services $(1,767) Expenditures 4-10100-162-20 -00-1001 Salaries (1,227) 4-10100-162-20-00 -2074 Fringe Benefits 540) $(1,767) • 17-7117-- Mr. Chairperson, on behalf of the Finance Committee, I move the MT,ITTISW of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell sueported by Luxon the resolution be adopted. AYES: Calandro, Chester, Crake, Ferrens, Gosling. Huntoon, Jensen; Johnson, R. Kuhn, S. Kunn, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappagearge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell. (25) NAYS: None. (0) A sufficient majority having voted therefor, tee resolution was adopted. Revenue 3-22100-162-83-00-2515 Reimeursement - V.D. Expeeses ---- 4-10100-909 -01 -00-9930 Coetineency 157 Commissioners Minutes Continued. June 14, 1990 Misc. 90130 By Finance Committee IN RE: Sheriff's Department - ASSIGNMENT OF FORFEITED VEHICLE - SLEET EXPANSION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commiesioners adopted a 'County Policy on Assignment of County Vehicles" by Miscellaneous Resolution #7393; and WHEREAS the policy for adding vehicles requires an affirmative reccomendation of the County Executive and approval of the Finance Committee; and WHEREAS a 1989 Ford Pick -up Truck has been seized in a drug-related action and forfeited to the Oakland County Narcotics Enforcement Team under the auspices of the County of Oakland pursuant to M.C.L.A. 333.7521 et seq.; and WHEREAS there is no capital cost for this vehicle or need for replacement; and WHEREAS provision for vehicle operating costs including gas, repairs, and insurance is available in the Sheriff's Department budget; and WHEREAS the County Executive recommends this expansion of the County vehicle fleet. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the expansion of the County vehicle fleet by one (1) vehicle forfeited to the County through provisions of M.C.L.A. 33.7521 at seq. and assigned to Oakland County Narcotic Enforcement Team. - BE IT FURTHER RESOLVED that this acceptance dues not permanently expand the County fleet and this vehicle will not be replaced when it is no longer deemed operational. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Pappageorge the resolution be adopted. AYES: Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernice, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro. (26) NAYS: None. (0) A sufficient majority having voted therefor, tee resolution was adopted. Moved by McCulloch supported by Pappageorge tne resolution "Treasurer-Investment in Royal Oak Redevelopment' be carried forward to the June 28, 1990 Meeting. A sufficient majority having voted therefor, the motion carried. Misc. 90105 By General Government Committee IN RE: Department of Institutional and Human Services/Community Mental Health - SPECIALIZED SUPPORTED INDEPENDENCE PROGRAM PLACEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Mental Health (0MH1 has asked the Community Mental Health Board to develop an appropriate residential placement for one (11 young adult with specialized needs; and WHEREAS CMH staff proposes with CNN Board and State approval, to place this individual in a "supported independence program" with Adult Learning Systems (beginning June 1. 1990), an organization that already contracts with the CMH Board; and WHEREAS total annual cost for this placement equals $29,053, of which 128,557 will be State supported and $506 will be County match; and WHEREAS this placement will be conducted through a contractual service, thus no additional County personnel are required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the supported independence residential placement of this one (1) individual with special needs. Mr. Chairperson, On behalf of the General Government Committee, I move the adoption of the foregoing resolution. Fiscal Note (Misc. 90105) By Finance Committee IN RE: Department of Institutional and Human Services/Community Mental Health - SPECIALIZED SUPPORTED INDEPENDENCE PROGRAM PLACEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Beard, The Finance Committee has reviewed Miscellaneous Resolution #90105 and finds: GENERAL GOVENMENT COMMITTEE Richard G. Skarritt, Chairperson Commissioners Minutes Centinued. June 14,1990 1) The proposed supported independent placement is scheduled to begin June 1, 1990; 2) Annual operating cest equals $29,063, of which $28,557 is State supported and $506 is County match; 3) Cost for the balance of 1990 equals $16,954, of wnich $16,658 is State supported and $296 is County match; 4) Sufficient funds are available in the CMH Budget - Appropriation Contingency account to cover the 1990 County match; funds are available in the 1991 Federal/State Project Match to cover the 1991 County match; 5) The following amendments to the 1990/1991 Biennial budget are recommended: 1990 1991 Revenue 3-22200-166-01-00-2589 State Matcn 515,658 528,557 Expenses 4-10100-909-01 -00-9908 Federal/State Project Match $ -0- $ (506) 4-22200-166-01-00-3210 Appropriations Contingency (256) 0 4-22200-166-44-00-3042 Adult Learning Systems 16,954 $29,063 $16,658 $28,557 $ 0 FINANCE COMMITTFE Q. Wiliam Caddell, Chairperson Moved by Skarritt supported by McCullocn the resolution be adopted.. AYES: Crake, Ferrens, Gosling, Huntoon, Jensen, R. Kuhn, S. Kuhn, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Skarritt, Wolf, Aaron, Caddell, Calandra, Chester. (22) NAYS: Johnson, McConnell, Rewold, Bishop. (4; A sufficient majority having voted therefor, the resolution was adopted. Misc. 90107 By Personnel Committee IN RE: Personnel 0epartment - SALARY ADMINISTRATION FIRST QUARTERLY REPORT FOR 1990 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for grades 1 - 21 provided for a review and appeal process for departments and employees wishing to challenge tne salary grade placement cf classifications; and WHEREAS the First Quarterly Report for 1990 was submitted to the Personnel Committee identifying the reviews requested and the salary grade chan3es recommended by the Personnel Department after completion of this review process; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade channes resulting from salary administration quarterly report recommendations; and WHEREAS the Personnel Committee has reviewed and approved this report; NOW THEREFORE BE IT RESOLVED that changes in salary grade placement and reclassifications be implemented as shown: Salary Grade Reclassify Classification From: To: to New Class Delinquent Tax Clerk 8 9 Delinquent Tax Supervisor Juvenile Court Referee II 16 17 CMH Auditor & Agency Liaison 12 15 Paralegal (6 positions in Friend of the Court) 7 8 FOG Support Specialist Paralegal Supervisor (1 position in Friend of 8 9 FOG Support Specialist Supv. . tee Court) Mr. Chairperson, on benalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandra, Chairperson Fiscal Note (Misc. 90107) By Finance Committee IN RE: Personnel Department - SALARY AUMINISTRATICN FIRST QUARTERLY REPORT FOR 1990 To the Oakland County Boaro of Commissioners Mr. Chairperson, Ladies anc Gentlemen: Pursuant to Rule XI-G of this Board, the Finance CogMlttee has reviewed Miscellaneous Resolution #90107 and finds; 1) The Persannel Committee nas approved the attached Salary Administration First Quarterly Report for 1990; 2) Governmental funded salary cost for the period June 2, 1990 through December 21, 1990 158 is $9,426, fringe'benefitecost for •the same period is $2,758; 3) Governmental funded annual cost for 1991 is $16;402 for salaries, $4,871 for fringe benefits; 4) Funds are available in the 1990-1991 Appropriation Reserve for Transfer Classification and Rate Changes Account (909-01-00 -9902) and recommends the following amendments: 1990 1991 Rate S Classification Changes (S12,224) ($21,273) Treasurer/Tax Admin. Salaries 824 1;433 Fringe Benefits 245 426 Probate/Judicial Admin. Salaries 3,264 5,580 Fringe Benefits 968 1,686 Institutional & Human Services Salaries 1,241 2,160 Fringe Benefits 369. 642: Circuit Court/F.D.C. Salaries 4,097 7,129 Fringe Benefits 1,216 2,117 $ 0 $ 0 FINANCE COMMITlEE - G. 'William Caddell, Chairperson Moved by Calandro supported by Chester the resolution be adopted. - AYES: Ferrens ., Gosling, FLIntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernicx, Price, Rewold, Skarritt, Aaron, Bishop, Caddell, Calandro, Chester, Crake. (26) NAYS: none. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90131 By Personnel Committee IN RE: RETIREMENT SYSTEM AMENDMENT ADJUSTMENT BENEFIT To the Oakland County Board of Commissioners Mr. Chairperson. Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #88145, adopted June 9, 1588, provided the retirees from the Oakland County Employees' Retirement System with an adjustment to their benefit levels; and WHEREAS the Board of Commissioners periodically has reviewed este elected to grant a discretionary increase in post retirement benefits; and WHEREAS persons who have retired before January 1, 1989 sheuld be granted an adjustment in the retirement benefit of 2%, effective January 1, 1990; and WHEREAS the necessary funds to cover the cost of this benefit will be provided from the Reserve for Retired Benefit payments of the Oakland County Employees' Retirement.System and will not require an Appropriation from the county; NOW THEREFORE BE IT RESOLVED tnat the Oakland County Board of Commissioners does hereby amend the Oakland County Employees Retirement System by aeding a new paragraph to Section 35 to read as follows: "Post Retirement Benefit :ncreases" 35.1 For a monthly benefit whicn became effective as of January 1, 1989, beginning with the monthly benefit payment, if any, for the month of - January 1590, the amount of benefit shall be increased by 2% of the amount of benefit otherwise payable for the period. • Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandrc, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90092 By Planning and Building Committee IN RE: ESTABLISHMENT OF DEPARTMENT OF SOLIO WASTE MANAGEMENT: TRANSFER OF CERTAIN FUNCTIONS FROM DEPARTMENT OF PUBLIC WORKS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Act 186 of the Public Acts of Michigan 1989 ("Act 186"), authorizes tee County of Oakland the "County"), organized under Act 139 of the Public Acts of Michigan, 1973, as amended ("Act 139"), to establish a Department of Solid Waste Management as an additional department pursuant to Section 14 of Act 139; and WHEREAS if the County establishes a Department of Solid Waste Management, it will be 4-10100-909-01-00-9902 4-10100-221-01-00-1001 4-101 00-221 -01-00-2070 4-10100-341-03-00-1001 4-10100-341-03-00 -2070 4-22200-166-01 -00-1001 4-22200-166-01 -00-2070 4-21500-312 -01-00-1001 4-21500-312-01 -00 -2070 Commissioners Minutes Continued. June 14, 1994 160 authorized under Act 166, among other things, to acquire, construct and operate, and to issue bonds to finance one or more solid wdste systems as provided in Act 186; and WHEREAS the Hoard of Commissioners cesires to establish a Department of Solid Waste Management to enable the County to ut'dize tne provisions of Act 186 relating to the acquisition, construction, operation and firaneing of solid waste disposal systems; and WHEREAS in connection with the establishment of the Department of Solid Waste Management, the Board of Commissioners has received the affirmative recommendation of the County Executive that certain of the functions of the Department of Public Works be transferred to the Department of Solid Waste Management and has conducted a public hearing with respect to the proposed transfer of functions as required by Section 14 of Act 139. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby establishes the Department of Solid Waste Management as an additional department, pursuant to Section 14 of Act 139, which shall function as provided in Section 13 of Act 139 and as provided in and subject to this resolution and any subsequent resolutions of the Board of Commissioners establishing a solid waste system as provided in Act 186; BE IT FURTHER RESOLVED that the Solid Waste Unit and all functions relating to the planning, construction, maintenance and operation of county solid waste systems, including resource recovery and distribution be transferred from the Department of Public Works/Administration Division to the Department of Solid Waste Management consistent with the attached organization charts; BE IT FURTHER RESOLVED that the Board of Commissioners hereby establishes the Solid Waste Management Enterprise Fund and transfers the 1990 Solid Waste Budget as displayed on pages 379 and 380 of the Budget Document of which S686,767 is receivable from the sale of bonds and $167 1865 is receivable from the General Fund, and transfers all corresponding expenses to date: BE IT FURTHER RESOLVED that all previously adopted resolutions and parts of resolutions, insofar as they conflict with the provisions of this resolution, are hereby rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Report By Personnel Committee IN RE: ESTABLISHMENT OF DEPARTMENT OF SOLID WASTE MANAGEMENT: TRANSFER OF CERTAIN FUNCTIONS FROM DEPARTMENT OF PUBLIC W0106 Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee has reviewed the personnel implications only of the foregoing resolution and reperts with the recommendation that the resolutioe be amended as follows: Add the following paragraph after the second BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that position 006931, Director of Solid Waste Management, currently being recruited for per tile resolution entitled "Recruitment of Solid Waste Management", be included in the Department of Solid Waste Management, along with the transfer of the following positions from the Department of Public Works: (1) position 006678, Deputy Director-Solid Waste Management; (2) position #02268, Chief Engineer-Solid Waste Management; (3) position #06911, Cemmunity Relations Coordinator-Solid Waste; (4) position 006928, Secretary II. Mr. Chairperson, on behalf of the Personnel Coemittee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE John P. Calendro, Chairperson Fiscal Note (Misc. 90092) By Finance Committee IN RE: Establishment of Department of Solid Waste Management, Transfer of Certain Functions From Department of Public works To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of tnis Board, the Finance Committee has reviewed Miscellaneous Resoletioe #90092 and fincs: 1) Consistent with Public Act 1B6 of 1989 the County may establish a Department of Solid Waste Management to acquire, construct and operate, and to issue bonds to finance solid waste systems; 2) By creating a Department of Solid Waste Management and transferring the related functions, the County may establish a Solid Waste Management Enterprise Fund for accounting purposes and by creating this fund the costs related to the Solid Waste Management System can be segregated, thereby demonstrating the commitment to having the system self-supporting; 3) All appropriations related to the development of tile Solid Waste System facilities shall be recovered from the sale of bonds; 4) It is recommended the 1990 General Fund budget be amended as follows, and that $2,946,225 be appropriated to the Solid Waste Management Enterprise Fund: Commissioners Minutes Continued . June 14, 1990 Account 4-10100-101-0T-00 -1001 4-10100-101-01-00-2075 4-10100-101-U1-00-3105 4-10100-101-01-00-3128 4-10100-101-01-00-3204 4-10100-101-01-00-3514 4-10100-101-01-00-3574 4-10100-101-01-00-3752 4-10100-101-01-00 -4842 4-10100-101-01-00 -4898 4-10100-101-01-00 -4809 4-10100-101-01-00-5310 4-10100-101-01-00-5360 4-10100-101-01 -00-6610 4-10100-101-01 -00-5640 4-1010G-101-01-00-6641 4-10100-101-01-00-5670 4-10100-101-01-00-6672 4-10100-101-01-00-6750 4-10100-101-01-00-6999 4-10100-101-01-00-8499 Account Name Salaries Fringes Legal Expense Professional Services Advertising Membership, Dues & Publication Personal Mileage Travel & Conference Engineering Suuplies Office Supplies Postage Building Space Allowance Computer Services-Operations Leased Vehicles Equipment Rental Convenience Copier Stationery Stock Print Shop Telephone Communications Drain Equipment Transfer from Solid Waste 1990 Amendment ( 192,0931 ( 73,617) ( 82,074) (2,551,522) ( 2,500) 675) 125) ( 9,182) 100) 50) ( 4,440) ( 4511) ( 4,100) ( • 8,568) 440) ( 3,165) 300) ( 5,000) ( 3,206) 500) 686,766 4-10100-101-01-00 -8330 Transfer to Solid Waste 2,946,228 • 4-101007.909-01-00 -9912 Special Contingency ( 686,766) General Fund Total -0- 5) It is recommended the 1990 Solid Waste Management Enterprise Fund Budget be established as follows: Revenue Account # Account Name 1990 Amendment 3-83300-101 -01-00-8101 Transfer from General Fund $2,946,228 Total Revenue $2,946,228 Expenses 4-83300-101-01-00 -1001 4-83300-101-01-00-2075 4-83300-101 -01 -00-3105 4-83300-101 -01-00-3128 4-83300-101 -01-00-3204 4-83300-101-01-00-3514 4-83300-101-01-00 -3574 4-83300-101 -01-00-3752 4-83300-141-01-00 -4842 4-83300-101-01-00 -4898 4-83300-101-01-00-4909 4-83300-101 -01 -00-6310 4-83300-101-01-00-6350 4-83300-101-01-00-6610 4-83300-101-01-00-6640 4-83300-101-01-00-6641 4-83300-101-01-00 -6670 4-83300-101-01-00-6672 4-83300-101-01 -00-6 750 4-83300-101 -01 -00-6999 Total Expenses Net Income/(Loss) Salaries Fringes Legal Expenses Professional Services Advertising Membership, Dues & Publication Personal Mileage Travel & Conference Engineering Supplies Office Supplies Postage Building Space Allowance Computer Services-Operations Leased Vehicles Equipment Rental Convenience Copier Stationery Stock Print Snop Telephone Communications Drain Equipment 192,093 73.617 .82,074 2,551,522 2,500 675 125 9,182 100 50 4,400 4,511 4,100 8,668 440 3.165 300 5,000 3,206 500 2,946,228 • -0- 6) The Finance Committee concurs with the report of the Personnel Committee. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Huntoon the resolution be adopted. AYES: Gosling, Wuntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxor', McConnell, McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra; Chester, Crake, Ferrens. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 162 Commissioners Minutes Continued. June 14, 1990 Misc. 90132 • By Planning and Building Cownittee IN RE: Drain Commissioner - WATERFORD WATER SUPPLY SYSTEM EXTENSION NO. 9 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") hae heretofore established and constructed and acquired tne Waterford Water Supply System pursuant to the provisions of Act No. 185, Public Acts of Michigan, 1957, as amended, and pursuant to the Waterford Water Supply System Contract between the County and the Charter Township of Waterford (the "Township") dated as of November 1, 1963, the Supplemental Contract Waterford Water Supply System; dated January 10, 1964 and the Amendment to Supplemental Contract Waterford Water Supply System s dated March 10,.1964; and WHEREAS it is now necessary to extend, improve and enlarge the Waterford Water Supply System by the acquisition and construction of the hereinafter described Waterford Water Supply System Extension No. 9; and WHEREAS by the terms of Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), the County and the Township are authorized to enter into a contract for the acquisition, construction and financing of the Waterford Water Supply System Extension Ho. 9 consisting of water supply facilities to serve the Township and for the payment of the cost thereof by the Township; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the Drain Commissioner, County Agency, party of the first part, and the Township, party of the second part, whicn contract provides for the acquisition, construction and financing of the Waterford Water Supply System EXteilSiOn No. 9 pursuant to Act 342, which contract is hereinafter set forth in full. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of $1,101,000 as Pe cost of the Waterford Water Supply System Extension No. 9 and the estimate of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, be and the same are hereby approved and adopted. 2. APPROVAL OF COKTRACT. The waterford Water Supply System Extension No, 9 Contract dated as of May 1, 1990, between the County, by and through tne County Drain Commissioner; party of the first part, and the Township, party of the second part, which contract has been submitted to this Board of Commissioners, be and the same is hereby approved and adopted; and the County Drain Coaznissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable', after the contract has been executed by the appropriate officials of the Township. Said contract reads as follows: WATERFORD WATER SUPPLY SYSTEM EXTENSION NO. 9 THIS CONTRACT, melee as of the 1st day of May, 1990, by and between the COUNTY OF OAKLAND, a Michigan County corporation thereinafter called the "County"), by and through its County Drain Commissioner as the County Agency (hereinafter referred to as the "County Agency"). party of the first part, and the CHARTER TOWNSHIP OF WATERFORD, a charter township in the County of Oakland (hereinafter called the "Township"), party of the second part: W ITNESSETH: WHEREAS the Oakland County Board of Supervisors, by Resolution Misc. NO. 3909, adopted on February 6, 1962, estaelished tne Waterford Water Supply System (the "System") to serve the Township; and WHEREAS the County. through its Board of Public Works, and pursuant to the provisions of Act No. 186, Public Acts of Michigan, 1957; as amended, has acquired and constructed the System pursuant to the Waterford Water Supply System Contract, dated November 1, 1953, between the County and the Township (said contract, as supplemented ey the Supplemental Contract Waterford Water Supply System, dated January 10, 1964 and the Amendment to Supplemental Contract Waterford Water Supply System, dated March 10, 1964, hereinafter referred to as the "Base Contract"); and WHEREAS by the teres of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342") the County and the Township are authorized to enter into a contract for the acquisition, improvement, enlargement or extension of the System and for the payment of the cost thereof by the Township; and WHEREAS it is now necessary for the public health and the welfare of the present and . future residents of the Townsnip to extend, improve and enlarge the System in the Township by the acquisition and construction of the Waterford Water Supply System Extension No. 9 and to finance such acquisition and construction by payments from the Township to the County of amounts to become due under this contract. NOW THEREFORE, in consideration of the premises and the covenants of each other, the parties hereto agree as follows: 1. The County and the Township hereby approve tne extension, improvement and enlargement of the System by the acquisition and construction, by the County Agency under and pursuant to the provisions of Act 34e, of water supply facilities to serve the Township, The Water supply facilities to be acquired and constructed are hereby designated the "Waterford Water Supply System Extension No. 9". 2. The facilities conseitutiny the Waterford Water Supply System Extension No. 9 and their — Commissioners Minutes Continued. June 14, 1990 general location within the Township are shown on Exhibit "A" which is attached hereto and by this reference is made a part hereof. The Waterford Water Supply System Extension No. 9 is hereafter sometimes referred to as the "project". 3. The County and the Township hereby approve and adopt the estimate of the cost of the project in the amount set forth on Exhibit "B" attached hereto and the estimate of 40 years and upwards as the period of usefulness of the project. 4. After the execution of this contract by the County and tne Township; the County Agency shall take the following steps; subject to the receipt from the Township of the payments as provided e. in paragraph 6 hereof, to-wit: - (a) Order final plans and specifications for the project from a consulting engineer. (b) Do those things necessary to obtain the approvals required for the construction of the project, obtain construction bids for the project and enter into construction contracts with the lowest responsible bidders. (e) After the execution of construction contracts, cause the project to be constructed within a reasonable time and do all other things requiree of it under the provisions of Act 342. S. It is understood and agreed by the parties hereto that the project is to severe the Township and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the Township. The responsibility of requiring connection to and use of the facilities of the project ard of providing such additional facilities, as may be needed, shall be that of the Township which shall cause to be constructed and maintained, directly or through the Coenty, any such necessary additional facilities. The County Oil] not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof. The project is an improvement, enlargement and extension of the System and the Base Contract shall apply thereto except as the same may be specifically modified herein for specific application to the project. The County hereby agrees that it will secure and maintain, or cause to be secured and maintained, during the period of construction adequate property damage and public liability insurance covering all .facilities to be constructed pursuant to this contract. All policies of insurance shall provide that the County and the Township shall be insured parties thereunder and shall contain a provision requiring tnat the Township be notlfied at least ten days prior to cancellation thereof. One copy of each policy of insurance shall be filed with the Township. 6. The Township shall pay to the County the entire cost of the project. The term "cost" as used herein shall be construed to include all items of cost of the type set forth on Exhibit "8" attached hereto and any other items of cost of a similar nature as may be set forth in any revision of said Exhibit "e" agreed to by the parties hereto, incurred by the County in acquiring and constructing the project. The cost of the project will be paid by the Township in installments as follows: (1) The sum of $128,000 to be paid upon execution of this contract, being the estimated cost of obtaining plans, specifications, detailed estimates of cost and easements. (2) The sum of $23,000 to be paid when completed bid plans and specifications are received and accepted by the County Agency. (3) The balance of the cost of the project (estimated now to be $950,000) when construction bids are received and prior to the award of construction contracts. - Shown on Exhibit "C" is the schedule of installment payments to be made by the Township, which schedule will be revised as detailed estimates are made and when construction bids are received. The County Agency shall notify the Township, by written communication addressed to its treasurer, of the time and amount of the next payment due hereunder. The Township covenants and agrees, not less than ten (10) days after receipt of such notice, to remit to the County sufficient funds to pay the amount then due. The obligations herein expressed shall be applicable to all obligations and contracts incurred or entered into by the County to construct and complete the project, or any part thereof, whether incurred or entered into at one time or more than one time. It is assumed that the aggregate amount of all installments payments will represent the cost of the project. If the Township shall fail to make any of such payments wnen due, the County and the County Agency shall have no obligation to proceed further with acquisition or construction of the project. The Township shall hold the County and the County Agency harmless from any and all liability on account of the project and its acquisition or construction whether or not the project is commenced or completed. 7. After completion of the project and payment of all costs thereof, any surplus remaining from the payments received from the Township shall be returned to it or, in the alternative, said surplus may be used at the request of the Township and upon approval by tee County Agency, to improve, enlarge or extend the project, B. If the payments received from the Township are for any reason insufficient to complete tne project in accordance with the plans and specifications therefor, the County Agency shall, if necessary, submit to the Township a request for payment of the additional amount due with an explanation in writing of the reasons and need therefor and of the amount necessary to provide funds to complete the project in which event the duties and obligations of the County Agency and the Township as expressed and set forth in this contract shall be applicable to such additional payment as well as tee original payment, it being at all times fully recognized and agreed that the payments to be made by the Township, in the manner specified in paragrapn 6 of this contract, seall be based upon the aggregate amount of the actual and final project cost. Commissioners Minutes Continued. June 14, 1990 The Township, pursuant to the authorization of Section 5 of Act 342; Public Acts of Michigan 1939, as amended, does hereby pledge its full faith and credit for the prompt and timely payment of its obligations expressed in this contract. 9. This contract is contingent upon the County actually receiving all of the payments promised by the Township to defray the estimated cost of the project. 10. the Township consents to the establishment and location of the project within its corporate limits and consents to the use of the streets, alleys, and public places of the Township for the location; construction, repair, replacement, maintenance aria use of the water supply facilities of the project. After completion, the project shall be used by the Township as part of the System in accordance eith the Base Contract. 11. This contract shall become effective upon approval by the legislative body of the Township, by the County Agency, and by the Board of Commissioners of Oakland County, and duly executed by the authorized officers of the Township and by the County Agency. It shall terminate upon expiration of the Base Contract, and Upon termination all title; possession and ownership of the project and of any unused or surplus funds shall automatically revert to the Township. The provisions of this contract shall be in full force and effect and binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered by their respective duly authorized officers, all as of the day and year first above written. COUNTY OF OAKLAND By Its County Agency By Drain Commissioner of Oakland County CHARTER TOWNSHIP OF WATERFORD By Supervisor By Township Clerx 3. CONFLICTING RESOeUTION5. All resolutions and parts of resolutions insofar as they may be in conflict nerewith are hereby rescinded. Mr. Chairperson, on behalf of the Planning and 3uilding Committee, I move the adoption of the foregoing resolution. Moved by Crake supported by Jensen the resolution be adopted. AYES: Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch; McPherson, Oaks, Olsen, Pappageorge, Pernick, Retold, Skarritt; Wolf, Aaron; Bishop; Caddell; Calandro; Chester, Crake, Ferrens, Gosling. (24) NAYS; None. (G) A sufficient majority naving voted therefor, the resolution was adopted. Misc. 90133 By Planning and Building Committee IN RE; Drain Commissioner - ADVANCE OF FUNDS FOR 3UNNY RUN LAKE - LAKE LEVEL PROJECT To the Oakland County Boare of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution No.. 89131 or May 25, 1989. directing the Prosecuting Attorney to institute a complaint to establish a Take level for Bunny Run Lake, as provided in Act 146 of the Public Acts of 1961; and WHEREAS the Oakland County Circuit Court has set a hearing for Wednesday; June 6; 1990, to determine whether or not to establish normal heights and levels for Bunny Run Lake; and to confirm a special assessment district; and WHEREAS the Drain Commissioner, in order to proceed with the construction of a new dam at Bunny Run Lake, requests the advance of an amount not to exceed $285,000; with the full amount of the advance to be repaid from a special assessment roll to be collected over a period of ten years, said advance to be repaid with interest at the current Treasury Bill interest rate at the time of adoption of this resolutior; and WHEREAS the actual amount to be advanced, not to exceed $285;000, shall be determined upon the receipt of bids. NOW THEREFORE 81 IT RESOLVED that the Oakland County 3oard of Commissioners; for the protection of public safety; and to protect the natural resources of the State, and to protect the value of properties around 8unny Run Lake; deems it expedient to authorize the advance of a sum not to exceed 5285,000 to the lake level control district for Bunny Run Lake; with the full amount of the advance to be repaid from a special assessment roll to be eollected over a period of ten years, said advance to be repaid with interest at the current Treasury Bill interest rate at the time of adoption of this resolution. 164 PLANNING AND MILDING CCMMITTEt Larry P. Crake, Chairperson 165 Commissioners Minutes Continued. June 14, 1990 BE IT FURTHER RESOLVED that no advance shall be made to the lake level control district for Bunny Run Lake until a special assessment roll has been confirmed pursuant to the provisions of Act 146 of the Public Acts of 1961. BE IT FURTHER RESOLVED that the real property in Vie area of the improvement and the Township Of Orion, which will benefit from the construction of the new dam, shall bear the entire cost of the project; and that the cost of maintaining the level of said lake shall be borne by the benefited properties in the area of improvement and the Township of Orion. Mr. Chairperson; on behalf of the Planning and Building Committee; I move adoption of the foregoing resolution. Misc. 90134 By Planning and Building Committee IN RE: Building Safety/and Water and Sewer Operations - INTERFACE NIP EXISTING ALARM AND CARD ACCESS SECURITY SYSTEMS To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS the Building Safety Division is responsible for 864 alarms located throughout the Countk; and WHEREAS there are many different types of alarms including intrusion alarms; fire alarms, trouble alarms, panic-button alarms; and equipment alarms; and WHEREAS current response procedures to the various alarms require a manual process of locating the appropriate written procedure and then contacting key people; and WHEREAS a personal computer would interface directly witn the alarms to automatically respond by interpreting the signal; locating the procedure within the memory of the computer; dialing the necessary telephone numbers; and maintaining a recore of the response steps; and WHEREAS this enhancement would allow the addition of numerous fire alarms throughout the County Complex that currently are not notifying Building Safety and are serving as internal audible alarms only; and WHEREAS this system would interface also with the existing card access security system; and WHEREAS an additional personal computer would interface with 250 water and sewer alarms to monitor Water and Sewer Operations in the same manner and allow for emmediate dispatch response; and WHEREAS each of the two personal computers will serve as a backup system to one another to prevent interruption; and WHEREAS total capital costs are estimated at $9,196 with Water and Sewer Operations funding $4,225 for hardware and software and the remaining $4,971 will come from the General Fund; and WHEREAS this enhancement has been approved by the Computer Users Advisory Council. NOW THEREFORE BE IT RESOLVED tnat the Oakland County Board of Commissioners authorizes the implementation of the automated alarm response system as approved by the Computer Users Advisory Council. Mr. Chairperson; on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90135 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section - OAKLAND/PONTIAC AIRPORT - ELECTRIC AND GAS UTILITY EASEMENTS FOR DETROIT EDISON COMPANY. AND CONSUMERS POWER COMPANY - SIOWELL NOS. 13-17-400-002 and 13-17-351-009 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemenl WHEREAS the County of Oakland owns property located at 5500 Highland Road; Waterford Township, Michigan; Tax Sidwells Nos. 13-17-400-002 and 13-17-351-009, known as Oakland/Pontiac Airport; and WHEREAS the Detroit Edison Company and Consumers Power Company are requesting easements on County-owned property at the Oakland/Pontiac Airport for the installation; operation and maintenance of underground electric and gas utility service lines. WHEREAS the Airport Committee and Airport Manager have reviewed and recommend the granting of these easement requests. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the granting of these easements to Detroit Ediecn and, Consumers Power Companies for the installation and maintenance of electric and gas utility lines at the Oakland/Pontiac Airport. PLANNING AND BUL.DING COMMITTEE Larry P. Crake, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. 166 Commissioners Minutes Continued. June 14, 1990 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson to execute the necessary documents to effect the same. Mr. Chairperson; on behalf of the Planning and Building Committee; I move the adoption of the foregoing resolution. Moved by Crake supported by Skarritt the resolution be adopted. AYES: Jensen; Johnson, R. Kuhn; S. Kuhn; Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen; Pappageorge; Pernick; Rewold, Searritt, Wolf, Aaron, Bishop; Caddell; Calaedro, Chester, Crake; Ferrens; Gosling; Huntoon. (24) NAYS: Norm. (0) A sufficient majority having voted therefor, the resolution was adopted, Misc. 90136 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section - LEASE AGREEMENT WITH THE WOUND COUNTY ROAD COMMISSION FOR OAKLAND COUNTY TREASURER OFFICE SPACE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS theCounty of Oakland; by Resolution 85141, dated June 5, 1985, renewed a Lease for approximately 350 square feet of office space at the Oakland County Road Commission building; 31001 Lehser Road; Beverly Hills, Michigan for the Oakland County Treasurer, for a term of five (5) years, commencing on the first day of May, 1985, and terminating on the 30th day of April, 1990; and WHEREAS the Oakland County Treasurer desires to continue to provide a satellite office and supports the rental of said office space as being in the best interests of the public; and WHEREAS the Road Commission has submitted the attached Lease Agreement for the period of May 1, 1990 through April 30, 1995, which provides for the payment of $2;800 per year to defray the costs of maintenance, custodial services and utilities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Lease Agreement between the Oakland County Road Commission and the County of Oakland for 427 square feet of office space for the Oakland County Treasurer for a term of five (5) years, commencing May 1, 1990; and ending April 30; 1995, at the sum of 12,800 per year. BE IT FURTHER RESOLVLO that the Board directs its Chairperson to execute the Lease Agreement; a copy of which is attached.hereto. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adcption of the foregoing resolution. I Misc. 90137 By Planning and Building Committee IN RE: Circuit Court - AUTHORIZATION TO RECEIVE BIDS - 1990 COURTHOUSE REMODELING To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution 88090 in May 1988; and WHEREAS such Resolution supported the creation of two new Oakland County Circuit Court Judgeships to be elected in 1990 ane to take office on January 1, 1991; and WHEREAS the relocation of the Prosecutor's Office to the Oakland Pointe Office Park II (which was authorized by Miscellaneous Resolution 90108 on May 24, 1990) will result in sufficient vacant space in the Court Tower to allow the construction of two new court suites for said Judgeships; and WHEREAS if the two new Judges are to begin hearing cases on January 1; 1991, the necessary construction work must begin as soon as possible; and WHEREAS such construction and related expenses have been estimated to cost $931;200; and WHEREAS funding for this project is available in the 1990 Capital Improvement Program, NOW THeREFORE BE IT RESOLVED that the Department of Public Works be; and is hereby; authorized to advertise said project for bids, receive bids, and to report to the Planning and Building Committee upon receipt and tabulation of such bids. Mr. Chairperson, on behalf of the Planning and Deilding Committee; I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson . PLANNING AND 3UILDING COMMITTEE Larry P. Cra4e, Chairperson Copy of Lease Agreement on file in County Clerk's Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Ceairperson 167 Commissioners Minutes Continued. June 14, 1990 Moved by Crake supported by Oaks the resolution be adopted. AYES: Johnson, R. Kuhn; S. Kuhn; Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick ., Price, Rewold, Skarritt; Wolf, Aaron, Bishop, Caddell, CaIandro, Chester, Crake, Ferrens..Gosling, Huntoon, Jensen. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90138 By Planning- and Building Committee IN RE: Sheriff's Department - AUTHORIZATION TO RECEIVE BIDS - FLOOR SLAB FOR MARINE DIVISION STORAGE BUILDING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Marine Division Storage Building was constructed at the Trusty Camp approximately 10 years ago as a pole structure with a dirt floor and was intended to serve AS a shelter facility; and WHEREAS over the years, the use of the building has evolved to include not only shelter but also service and maintenance to boats; trailers, and snowmobiles; and WHEREAS the replacement of the dirt floor with a concrete.slab would do much to haprove the working conditions in the building; and - WHEREAS the installation of such a concrete floor slab has been estimated to cost 520,000; and WHEREAS funding for this project is available in the 1990 Capital Improvement Program, NOW THEREFORE BE IT RESOLVED that the Department of Public Works be, and is hereby, authorized to advertise said project for bids, receive bids; and to report to the Planning and Building Committee upon receipt and tabulation of such bids. Mr. Chairperson; on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Huntoon the resolution be adopted. AYES: R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon; Jensen; Johnson. (25) NAYS: None. (0) A sufficient majority having voted therefor. the resolution was adopted. Misc. 90139 By Planning and Building Committee IN RE: DPW/Solid Waste - FALL 1990 COMPOST IMPLEMENTATION To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen; WHEREAS the County is involved in the development of an integrated Solid Waste Management System including Material Recovery (VRF), Waste-to-Energy (WTE), and various compost facilities and the necessary landfill capacity and other solid waste support activities; and WHEREAS system implementation is dependent on the acquisition of landfill capacity, development and approvel of an Intergovernmental Agreement, and completion of energy contract negotiations; and WHEREAS beginning development of the compost facilities prior to the implementation of other system facilities will demonstrate the County's commitment to achieving the volume reduction goals adopted by the County, thus minimizing the ultimate need for landfill space. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the development of regionally distributed compost facilities for the Fall 1990 leaf collection season and requests the County Executive to develop a proposal for implementation, including site, equipment, staff and cost requirements. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by S. Kuhn the resolution be adopted. Moved by Gosling supported by Olsen the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph following the words "County Executive to develop a proposal "-add for presentation to the Board of Commissioners for implementation, including site, equipment, staff and $55,461 , 35,458 $95,919 $29,749 19.020 $4,76g Commissioners Minutes Continued. June 14, 1990 cost requirements. A sufficient majority having voted therefor, the amendmeat carried. Vote on resolution, as amended: ' AYES: S. Kuhn, Luxon, MzConnell, McCullocn, McPnerson, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold; Skarritt, Wolf; Aaron, Bishop, Caddell, Calandro, Chester, Crake; Ferrens, Gosling, Huntoon, Jensen; Johnson, R. Kuhn. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended„was adopted. Report (Misc. R0111) By Personel Committee IN RE: Public Services/District Court Probation/Probation - REQUEST FOR ADDITIONAL POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies anc Gentlemen: The Personnel Committee, having reviewed the above referenced resolution; reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee; I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Misc. 30111 By Public Services Committee IN RE: Public Services/District Court Probation/Probation - REQUEST FOR ADDITIONAL POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Coenty's growire population and an increased hirino of police officers in the 52nd District Court jurisdiction has increased court activity aed created a demand for more probation services; and WHEREAS this demand has substantially increased the caseload of Probation Officers in the division and increased clerical or generated from the increased caseload; and WHEREAS the division requests additional staff to continue adequately servicing the court and probationers, decrease tne use of jail days, and encourage the court's support for ordering probation service fees; and WHEREAS the Personnel Department has reviewed and rezommanded the additional staff requested by the -division. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners create three (3) governmental positions in tne Probation unit of the District Court ProDation division as follows: • 2 Probation Officers I 1 Typist Mr. Chairperson, on behalf of the Public Services Committee, 1 move the adoption of tne foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson • Fiscal Note (Misc. 90111) By Finance Committee IN RE: Public Services/District Court Prebatiun/Probation - REQUEST FOR ADDITIONAL POSITIONS To the Oakland County Board of Commissioners Mr. Chairpersun, Ladies and Gentlemen; Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed Miscellaneous Resolution #90111 and finds: 1) The District Court Probation Division requests tne creation of two (2) Probation Officers I and one (1) Typist I, 2) This request for additional staff is to continue adequately sereicing the court and probationers, decrease the use of jail days; and encourage the court's support for ordering probation service •fees; 3) The annual CQSt for the two (2) Probation Officer I positions is $68;524 (salaries $40,154 and fringes 120,370) and one (1) Typist 1 position is $22,395 (salaries $15,738 and fringes 16,657); for a total annual cost of $90;919. 4) The cost for the remainder of 1990 (tne earliest effective date of 6/16/90 - 12/31/90) is $36,756 for two (2) Probation Officer I positions :salaries $25;830 and fringes $10,926) and $12,013 for one (1) Typist I position (salaries $8,442 and fringes $3,571); 5) There is a sufficient increase in revenues to offset the cost of the additional staff. 6) The 1990/1991 Biennial Budget is to be amended as follows: 1990 1991 168 Revenue -S-1010O-174-01-00-2024 Assessmont /. Evaluation 3-10100-174-01-00-2413 Probation Oversight Fees $34,272 $63,892 14,497 27;027 $48,769 S90;919 1990 1991 ' I , Expenses 4-10100-174-01-00-1001 Salaries 4-10100-174-01 -00-2075 Fringe Benefits FINANCE COMMITTEE G. William Caddell, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90119 By Public Services Committee IN RE: EMS and Emergency Management Division - TORNADO WARNING SYSTEM EXPANSION To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 1971; and 8664 accepted federal grants to nefray a portion of the costs in purchasing sirens to be n utilized within the Oakland County Tornado Warning System; and 1 WHEREAS the County share of the costs will remain at twenty-five Percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent and the County twenty-five percent with the County being responsible for the Maintenance and electrical costs for the sirens purchased; and WHEREAS the Township of Highland, per the attacned Purchase Agreement, has requested to participate ih the siren system; and WHEREAS the TOwhship of Highland has agreed to pay seventy-five percent of the total estimated cost of two sirens; and WHEREAS consistent with the attached standard agreement; the Township of Highland agrees that Oakland County will retain ownership of the sirens and will be responsible for the maintenance and the electrical Costs for said sirens purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the appropriation of $8,500.00; consistent with the attached budget; as Oakland County's Match. BE IT FURTHER RESOLVED that the expenditure of tnis appropriation is contingent upon the execution of the attached written agreement between the County and the Township of Highland. BE IT FURTHER RESOLVED that the County Executive be and is hereby authorized 'CO execute said agreement. BE IT FURTHER RESOLVED that written quarterly progress reports be presented to the Public Services Committee by the Manager of the Emergency Medical Services and Emergency ManageMent Divisidn and to the balance of the members of the Board of Commissioners. • Mr. Chairperson, on behalf of the Public Services Committee; 1 move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard O. Kuhn; Jr.; Chairperson Copy of Purchase Agreement on file in County Clerk's office. Fiscal Note (Misc. 90119) By Finance Committee IN RE: EMS and Emergency Management Division - TORNADO WARNING SYSTEM EXPANSION To the Oakland County Board of Cumnissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of the Board; the Finance Committee has reviewed Miscellaneous Resolution #90119 and finds: 1) The Township of Highland has requested to participate in the siren system through the purchase of two (2) tornado sirens; 2) The estimated cost of the sirens is $34,000 of which $25;500 175%) is the Township of Highland share and $8,500 (25%) is the County's share; 3) Consistent with past agreements; the County will retain ownership of the sirens, and will be responsible for maintenance and electrical costs for the sirens. 4) The County's match of $6;500 is available in the 1990 Contingency Account, and is to be transferred to the Disaster Control unit line item for Capital Outlay as follows: 4-10100-909-01-00-9900 Contingency ($8,500) 4-22100-177-05-00-5998 Capital Outlay 8,500 $ -0- 5) Further; the Finance Committee finds that Gusts for --FiTFOlance contracts and electricity will be ongoing (annual). FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Skarritt the resolution be adopted. Commissioners Minutes Continued, June 14, 1990 AYES: Luxon. McConnell, McPherson, Oaks, Olsen, Pappageorge; Pernick; Price, Rewold, Skarritt; Wolf, Aaron; Bisnop; Caddell; Calandra, Crake, Ferrens, Gosling; Nuntoon; Jensen, Johnson, R. Kuhn, S. Kuhn. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90113) By Personnel Committee IN RE: Sheriff - Changes in Property Room Staffing; Creation of Commissary Supervisor Position and Transfer of Deputy I Poeitions. To the Oakland County epard of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, i &ova the aaciption of the foregoing report. PERSONNEL COMMITTEE , John P. Calandro, Chairperson Misc. 90113 By Public Services Committee IN RE: Sheriff - CHMSES IN PROPERTY ROOM STAFFING, CREATION OF COMMISSARY SUPERVISOR POSITION AND TRANSFER or DEPUTY I POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff Department Property Room has experienced growth in the volume of property and evidence for which it is responsible; and WHEREAS -the Sheriff proposes to add additional duties to Property Room personnel; and WHEREAS the recent retirement of the Deputy II-A assigned to tne Property Room has provided the department with an opportunity to reorganize and expand the duties and staffing related to this function; and WHEREAS the size and complexity of the jail commissary operations have increased significantly since the opening of the jail addition in early 1989; and WHEREAS the Sheriff Department feels the need for a position to provide direct supervision for commssary staff and perform accounting functions related to commissary operations; and - WHEREAS the Sheriff Department indicates funding will be available from the Commissary Fund to fully offset costs for a proprietary Commissary Supervisor position; and WHEREAS six Deputy I positions performing patrol services an the county complex are proposed to be transferred within vie Sheriff Department to provide more flexibility in staffing and allow for better utilization of manpower; and WHEREAS the Personnel Department has reviewed the Sheriff's proposal and recommends the creation of two new classifications to meet staffing needs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following actions related to personnel needs of the Sheriff Department. 1. To create two (2) new classifications: Property Room Technician at grade 8, regular overtime Commissary Supervisor at grade 10, regular overtime 2. To delete one (1) vacant governmental Deputy II position in Technical Services/ Operations (43910-03435) 3. To create two (2) governmental positions in Tech Servs/Operations 1 Property Room Technician 1 Clerical Trainee 1000 hr/yr PTNE (The full 1000 hrs to be budgeted for the balance of 1990 and 1000 hrs/yr for each year thereafter.) 4. To create one (1) proprietary Commissary Supervisor position in Corrective Services- Detention/Jail Commissary 5. To transfer six (6) Deputy I position from Protective Services/Patrol to Corrective Services-Satellites/Court Detention 43615-06028 43615-06032 43615-06029 43615-03152 43615-00031 43615-03256 Mr. Chairperson; on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard C. Kuhn, Jr., Chairperson 170 1990 $(77771) (6,268) (5.343) (37,463) 77;171 6,268 5,343 27,463 $ -0- 1991 $(113,730) (11,520) (9,820) (71,959) 148,230 11,520 9,820 71,959 -.3 - Fiscal Note (Misc. 90113) By Finance Committee IN RE: Sheriff's Department - Changes in Property Room Staffing, Creation of Commissary Supervisor Position and Transfer of Deputy I Positions To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule X1 -G of this Board; the Finance Committee has reviewed Miscellaneous Resolution #90113 and finds: 1) The Sheriff's Uepartment is requesting staffing changes in the Department's Property Room including the deletion of one (1) Deputy II-A position (42910-03435) and the creation of one (1) Property Room Technician position (new classification - grade 8) and one (1) Pllif Clerical Trainee position (1,000 hours per year). 2) These staffing changes would result 1991,. as detailed in Schedule A, witn the savings 4-10100-909-01-00-9900 Contingency 4-10100-439-10-00-1001 4-10100-439-10 -00-2074 4-10100-439-10-00-5998 3) The Sheriff's Department is also requesting to trarsfer six .(6) aiFTET -T-positions listed in the Miscellaneous Resolution from the Protective Services Division; Patrol Unit to the Corrective Services - Satellites Division, Court Detention Unit, which would require the following appropriation transfers, as detailed in Schedule 8: 4-10100-436-15-00-1001 4-10100-436-15-00-1002 4-10100-436-15-00-1004 4-101 00-436-1 5-00-2074 4-10100-434-12-00-1001 4-10100-434-12-00-1002 4-10100-434-12-00-1004 4-10100-434-12-00-2074 4) Additionally, the Sheriff's Department is requesting the creation of One (1) Proprietary Commissary Supervisor position (new classification - grade 10) in the Corrective Services Division; Jail Inmate Commissary Unit at a cost of $21;307 for the remainder of 1990 (based on an annual cost of $38;483) and a cost of $39,364 for 1991; as detailed in Schedule A. 5) The Sheriff's Department has indicated that funding for this position will be available from 'Mil Commissary operations and that Commissary rates will be increased if necessary to fully fund the cost of this position. - 6) The Jail Inmate Commissary Fund budget be amended as follows: 1990 1991 Revenue 3-70540-433-40-00-2557 Commissary - Sales $21;307 $39;364 Expenditure 4-70540-433-40 -00-1001 Commissary - Salaries $14,402 $27,663 4-70540-433-40-00-2074 Commissary - Fringes 6,092 11,701 4-70540-433-40-00-5998 Commissary - Capital Outlay 813 -0- $21,307 $39,3s S -e- changes will be June 15, 1990. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Jonson the Personnel Committee report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supported by Ferrens the resolution be adopted. AYES: McConnell, McCulloch, McPherson; Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt; Wolf, Aaron; Bishop; Caddell, Calandra; Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson; R. Kuhn; S. Kuhn, Luxor). (26) NAYS; None. (0) A sufficient majority having voted therefor, the resolution was adopted. Salaries Fringes Capital Outlay in a new savings of $5,753 in 1990 and $18,948 in transferred to the Contingency account as follows: 1990 1991 $ 5,753 $ 18,94B $(3,165) $(11,854) (3,401) (7,094) 813 -0- Tr577-6,1) $(18,948) $ -0- $ -0- Patrol - Salaries Patrol - Overtime Patrol - HoliCay OT Patrol - Fringes Detention - Salaries Detention - Overtime Detention - Holiday OT Detention - Fringes 7) The effective date of these staffing s • ' - t ' 1_, Commissioners Minutes Continued. June 14, 1990 172 Misc. 90118 By Public Services Committee IN RE: Sheriff's Department - SOUTHFIELD DETENTION FACILITY AGREEMENT RENEWAL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution 08852 dated 3/22/79, authorized an agreement between the City of Southfield and the County of Oakland wherein the County would operate Southfield's 36 cell Detention facility in the City of Southfield's Safety Building; and WHEREAS the Oakland County Board of Commissioners renewed the most recent agreement by Miscellaneous Resolution 089149 dated 6/15/89; and WHEREAS the current agreement is due to terminate on June 30, 1990; and WHEREAS annual rates have been established by the County Executive's Department of Management & Budget for the two year period July 1, 1990 through June 30, 1992 consistent with the attached shcedules; and WHEREAS it is mutually agreed by the City of Southfield and the County of Oakland that the medium salary rates of $47,379 and $49,761 be established as the anrual costs per officer for fiscal years July 1, 1990 through June 30, 1991 and July 1, 1991 through June 30, 1992 respectively; such costs to be billed in monthly increments; and WHEREAS the proposed agreement has been reviewed and approved as to legal sufficiency by Oakland County Corporation Counsel. NOW THEREFORE BE IT RESOLVED that.the OakIand County Board of Commissioners authorizes the renewal of the Southfield Detention Facility agreement for the period July 1, 1990 through June 30, 1992 at the medium salary rates of S47,379 for 1990191 and $49,761 for 1991/92 per officer, consistent with the attached agreement and schedules. BE IT FURTHER RESOLVED that the Oakland County Sheriff prepare written quarterly progress reports on the innate population and characteristics which are to be presented to the Public Services Committee. BE IT FURTHER RESOLVE that the Chairperson of the Oakland County Board of Commissioners be and is hereby authorized to sign said agreement. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Copy of attachments on file in County Clerk's Office. Fiscal Note (Misc. 90118) By Finance Committee IN HE: Sheriff's Department - Southfield Detention Facility Agreement Renewal To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution 090118 and finds: 1) Contract rates for renewal of the Southfield Detention Facility Agreement have been proposed for the two-year period beginning July 1, 1990 through 6une 30; 1992 at $47,379 per officer for 1990/91 and $49,761 per officer for 1991/92. 2) The City of Southfield will be billed at these rates on a monthly basis for ten (10) officers contracted to the facility. 3) Estimated revenue fram the agreement is included in the 1990-1991 Sheriff's Department revenue budget and no budget amendments are requirec. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhr supported by Oaks the resolution be adopted. AYES: McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Gosling, Huntoon, Jensen, ../ohnson, R. Kuhn, S. Kuhn, Luxon, McConnell. (25) • NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90114) By Personnel Committee IN RE: 52nd District Court - Creation of Clerical Positions and Increase in Funding for Magistrate and Certified Electronic Operator Positions To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Misc. 90114 By Public Services Committee IN RE: 52nd District Court - CREATION OF CLERICAL POSITIONS AND INCREASE IN FUNDING FOR MAGISTRATE AND CERTIFIED ELECTRONIC OPERATOR POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a review of 52nd District Court staffing in early 1989 resulted in creation of ten clerical and three Magistrate positions to address increased caseloads; and an agreement was made to have a review of the Court's staffing needs conducted in early 1990; and WHEREAS the Personnel Department has completed a review of the Court's activity and has found a continued increase in caseloads; and WHEREAS Divisions I and III have demonstrated the greatest increase in caseloads and demand for additional staff; and • WHEREAS the 52nd District Courts have generated an increasing percentage of revenues to expenditures since 1983 and project that additional revenue will be realized to further offset the costs of requested positions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the following personnel actions in the 52nd District Court: DIVISION I - Walled Lake 1. Create one (1) governmental District Court Clerk position 2, Increase funding for Magistrate position (32201 -06754) from 2/5 to 3/5 PINE 3. Increase funding for Certified Electronic Operator position (32201-06872) from 2/5 to 3/5 PTNE DIVISION III - Rochester Hills 1. Create one (1) governmental District Court Clerk position 2. Increase funding for Magistrate position (32401-06761) from 2/5 PINE to full-time non eligible 3. Increase funding for Certified Electronic Operator position (32401-06874) from 2/5 PTNE to full-time non-eligible Mr. Chairperson, on behalf of the Public Services Committee; I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Fiscal Note (Misc. 90114) By Finance Committee IN RE: 52nd District Court - Creation of Clerical Positions and Increase in Funding for Magistrate and Certified Electronic Operator Positions To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed Miscellaneous - Resolution #90114 and finds: 1) The 52nd District Court is requesting additional positions for Division I (Walled Lake) and Division III (Rochester Hills) as follows: DIVISION I - Walled Lake 1.. Create one (1) governmental District Court Clerk position 2. Increase funding foe Magistrate position (3O1-05754).2/5 to 3/5 PTNE Increase funding for Certified Electronic Operator positiOn 1301-06876) frgrilf5tp3/5 PTL DIVISION III -.Rochester-Hills 1. Create. one (1) governmental District Court Clerk position 2. Increase fielding fm' Magistrate position (32401-06261) fnmn2/5 PTNE to fiAl-tine. non-eligible 3. Increase furding for Certified Electronic Opeotorpasition (32401-066174)freW2/5PIleto full-tirre non- eligible 2) These additional positions and increases in funding are in response to rapidly increasing caseloads in the 52nd District Court, 3) The annual costs for the said positions are as follows: Salaries Fringes Total Two (a) District Court Clerks $35,916 $15,192 $51,10E1 One (1) Magistrate (from 2/5 PTNE to 3/5 PINE) 14,173 1,375 15,548 One (1) Magistrate (from 2/5 PTNE to FTNE) 42,519 4;124 46,643 One (1) Certified Electronic Operator (from 2/5 to 3/5 PINE) . 2,746 . 266 3,012 One Certified Electronic Operator. (from 2/5 to FINE) 8;237 799 9.036 $1C3,55-1 121,756 $125,347 Fringes $ 8,148 738 2,212 143 429 $11,670 Total $27,414 8,340 25,019 1,616 4,847 $67,236 LYNN D. ALLEN Clerk ROY REWOLD Chairperson 174 Commissioners Minutes Continued, June 14, 1490 4) The cost for the said positions for the remainder of 1990 (earliest effective date is 6/16/90 - 12/31/30) is as detailed below: Salaries Two (2) District Court Clerks $19,266 Magistrate (from 2/5 to 3/5 PINE) 7,602 Magistrate (from 2/5 PTNE to FTNE) 22,807 Certified Electronic Operator (from 2/5 to 3/5 PINE) 1.473 Certified Electronic Operator (from 2/5 PINE to FINE) 4,418 $55,566- 5) There is sufficient funding through the increased revenues to offset the cost of the additional positions and increased funding. 6) The 1990/1941 Bienniel Budget is to be amended as follows: Revenues 3-10100-322-01-00-2138 Filing Fees 3-10100-322-01-00 -2145 Forfeiture of Bonds 3-10100-322-01.-00-2366 Ordinance Fines & Costs Expenses 4-10100-322-01-00-1001 4-10190-322 -01 -00-2075 4-10100-324-01-00-1001 4-10100-324-01-00-2075 FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Crake the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supported by PaPpageorge the resolution be adopted. AYES: Mcffitt, Oaks. Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen ., Johnson, R. Kuhn, S. Kuhn, McConnell, McCulloch. (24) NAYS: McPherson, LUX0fl. (2) A sufficient majority having voted therefor, the resolution was adopted. In accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. Partnership for Improved Air Travel - Oppose Aviation Trust Fund Misuse. b. Oakland County Soldiers' Relief Commission - (Support) d8 5710 c. Lake County Bd. of Comm. - State A Local Tax Deduction Elimination d. Iron County - iOppose) Social Security Trust Funds to Offset the Federal Budget Deficit e. Iron County (Support) HS 5992 f. Iron County - Reouests Michigan Legislature to amend the Abandoned Vehicle Law g. Isabella County (Support) 4-Year Staggered Terms for County Commissions PLANNING AND BUILDING a. Sue Regan - Solid Waste/Citizen Concern OTHERS ---ZgiMissioners a. Thomas J. Bulger - Washington Report for the Week of May 30, 1990 b. Thomas J. Bulger - Washington Report for the Week of June 5, 1990 Roy Rewold a. Sue Pew - Solid Waste/Citizens Concern The Chairperson stateo the next meeting of the Board will be June 28, 1990 at 9:30 A.M. The Board adjourned at 1042 A.M. Salaries Fringe Benefits Salaries Fringe Benefits 1990 1991 $ $1“110 -0- 10,000 67,236 83.747 $67,236 $125,347 $18,708 $ 34,877 4,955 9,237 36,858 68,714 6,715 12,519 $67,236 4125,347 $ -0- $ -0- • h 175 OAKLAND COUNTY Board Of Commissioners MEETING June 28; 1990 Meeting called to order at 10:32 A,M. by Chairperson Roy Rewold in the Courthouse Auditorium, 1200 N. Telegraph Roao, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Calandro, Chester, Crake, Gosling, Hunt:Jon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Pewold, Skarritt, Wolf. (26) ASSENT:. Ferrens. {1) Quorum present. Moved by Susan Kuhn supported by Huntoon tne minutes of the June 14, 1990 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Olsen supported by Pernick the rules be suspended and the agenda amended for the following: ITEMS ON BOARD AGENDA ----713-CgErt-64117PTEE ----).(fi-F--"antirient of Solid Waste Director (Waive Rule XI (F) Direct Referral to Finance Committee) PLANNING AND BUILDING COMMITTEZ -------D-airian---.rnirrssiarler- Resolution to Approve Second Amendment to Huron-Rouge Sewage Disposal System/Walled Lake -Novi Wastewater Treatment Plant 1989 Enlargement Contract (Reason - same as above) e. Dept. of Solid Waste Management - Solid Waste System Intergovernmental Agreement (Waive Rules X, XI, Finance Committee Responsibilities and/or Direct Referral to Finance) ITEMS NOT OK BOARD AGENDA FINANCE COMMITTEE Misc. Res. #90122, 'Solid Waste Program Funding, Voter-Approved Bonds (Naive Rule X1 (C) Multiple Committee Referral PLANNING AND BUILDING COMMITTEE h. isc. Res. #90122, Solid Waste Program Funding, 'Limited Obligation Bonds' (Reason- same as above) i. Drain Commissioner/Evergreen-Farmington Sewage Disposal System Pollution Control Facilities - Segment II Arm C and SSES Rehabilitation Improvements Contract (Waive Rule XXVII-5 day notification, Planning and Building Committee met 6/26/90) j. --City of Lathrup Village - Ext. No. 1 Contract (Reason - same as above) k. --City of Troy - Local Relief Sewers and SSES Rehabilitation (Reason - same as above) 1. --City of Farmington'HiIls - Segment II Arm r; - Local Relief Sewers and SSES Rehabilitation Contract (Reason - same as above) m. --Segment II - Stage 3 Contract (Reason - same as above) n. --Segment It - Stage 5, Stage B and SSES Rehaailitation Contract (Reason - same as above) o. --Segment I - -Stage 2-Segment II-Arms j and k Local Relief Sewers and SSES Rehabilitation Contract (Reason - same as above) •=1 uulir 1/l) • p. --Amy Relief Sewers Contract (Reason - same as above) Vote on amended agenda: A sufficient majority having voted therefor; the the amended agenda was approved. Vote on suspension of the Rules; AYES: Bishop; Caddell, Calandra; Chester, Crake, Gosling, Huntoon; Jensen, JoInson, R. Kuhn, S. Kuhn; Law; Luxon; McConnell, McPherson, Moffitt; Oaks; Olsen, Pappageorge; Pernick; Rewold; Skarritt; Wolf. (23) NAYS: None. (0) A sufficient majority having voted therefor, the metion to suspend the rules carried. Clerk read letter of thanks from Davie and Kathleen Moffitt, Clerk read letter from Thomas P. Dunleavy, Hiehland Township Supervisor urging the Board to stand firm in their original vote to remove the Marlowe Landfill from the County's 641 Plan. Clerk read letter of thanks from members of the Boarc of Commissioner Staff. Clerk read letter from Chairperson Roy Rewold announcing the appointment of Richard G. Skarritt as a member of-the Highland Lake improvement Board. Anne Hobart stated the County held a contest for the best design of a recycling sticker. Several honorable Mention ribbons were given out by Ms. Hobart. County Executive Daniel T. Murphy presented ribbons for 2nd and 3re place winners in age categories 5-8 and 9-12, followed by a "best of show" award given to Holly Livingston of Waterford. Lucile E. McConnell; Attorney for Bishop; Cook, Purcell & Reynolds announced on May 4; 1990 the EPA awarded the Cooperative ::_xtension Service of Michigan State University and Oakland County, Michigan a $250,000 grant under the Pollution Prevention Incentives for States Program to teach businesses in Oakland County waste reduction and recycling tecnniques. The EPA received 112 proposals and awarded 25 grants nationally. The Parks and Recreation Department presented a slide presentation on Oakland County Parks and programs offered by the various parks in the County. Misc. 90140 IN RE: OAKLAND COUNTY RECREATION AND PARKS MONTH; July 1590 To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: - WHEREAS the Oakland County Parks and Recreation Commission's mission is to provide all residents of Oakland County with recreational; leisure;- and learning experiences; parks; upen spaces; and facilities; resulting in a comprehensive county park system that enhances quality of life; and WHEREAS the Oakland County Parks and Recreation Commission has provided outstanding recreation for all of the residents of Oakland County for nearly 25 iears; and : WHEREAS the Oakland County Parks offer nine parks - and golf courses throughout Oakland County; and -- • • WHEREAS the parks system offers recreational opportunities ranging from camping, boating; golfing; and picnicking to cross-country skiing and ice fishing; anc WHEREAS the parks system operates additional facilities including two unique wave-action swimming pools; the country's first dome-covered driving raage; a nature center; an amphitheater; conference ,and banquet facilities, a tennis complex; and • WhERtAS there are many outreach programs for commanities including mobile recreation, school visits by parks naturalists, senior citizen events, services to the disabled; and WHEREAS the people of Oakland County have established and approved a one-quarter mill tax to acquire, preserve and develop parklanc since 1966; and WHEREAS the National Recreation and Park Association and the Micniean Recreation and Park Association declared the month of July 1990 as Michigan Recreation and Parks month; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners declares July as Oakland County Recreation and Parks month to recognize the significant role parks and recreation plays in meeting residents' needs, and in preserving and protecting county and state natural resources. Moved by Olsen supported by Calandro the resolution be unanimously adopted. A sufficient majority having voted therefor; tne resolution was unanimously adopted. The following persons addressed the acritrd: Steven Landry, Mary Landry, Marilynne Burton-Ristau; George W. Suarez, Judy White; John King; Susan Mysliewiec, Sheryl Bareee, Mary F. Sterna, Alice Tomboulian, Sandra Criston, Mike Riegle, 177 „Annoloeeiveel nloeLe:a evoelnueu . OUnt ‘0, rIele Debbie McConnell', Gisela Lendle-King, Mary Santos, Jane Kayga, Rudy Serra', Mike Odette, Kevin Miltner, Dorothy Webb, Iris Uhler, Frank Gerstenecker and Jim Perry. Misc. 90141 By Larry P. Crake IN RE: UPDATE OF OAKLAND COUNTY SOLID WASTE MANAGEMENT PLAN To the Oakland County Board of Commissioners Mr. Cnairpereon, Ladies and Gentlemen: WHEREAS this Board has reviewed the proposed upcate to the Oakland County Solid Waste Management Plan (the "Plan Update”) as prepared by the County Executive and approved by the Oakland County Solid Waste Planning Committee ("SWPC") on May 10, 1990, all in accordance with Act 641 of the Public Acts of 1978, as amended ("Act 641");. and WHEREAS this Board, by resolution adopted On May 31, 1990, noted nine objections to the proposed Plan Update and returned the Plan Update to the SWPC with a request that the SWPC make its final recommendations to this Board by June 30, 1990 regardine the objections, as provided in Act 641; and WHEREAS the SWPC met en June 14, 1990 to consider this Board's objections to the Plan Update and has submitted its written recummenCatioes to tnis Board pursuant to a letter dated June 13, 1990 from the chairman of the SWPC; and WHEREAS this Board has considered the recommendations of the SWPC and deems it is necessary and advisable to approve the Plan Update with certain changes as hereinafter described. NOW THEREFORE BE IT RESOLVED that the Oakland County 9oard of Commissioners hereby approves the Plan Update as issued on May 10, 1990 by the Solid Waste Planning Committee with the following changes: 1. The BFL/Rose Township ',andfill designation will be remcved from the Plan Update. 2, Section 8.5.10 will be amended to include the following host community fee language. As compensation for the various impacts associated or perceived to be associated with a solid waste facility, this plan endorses tee eoecept of payment, by the facility owner, to the community in which the facility is located, of a "host community fee." ; The two parties involved (the facility owner anC the community within weich the facility is located) shall nave the respensieility of negotiating a mutually accept- able host community fee. For new or expanded facilities, the existence of a mutually agreed-upon host community fee, or the lack thereof, may be taken into account in the evaluation, recommendation, and decision to include or deny inclusion of the proposed facility in this Plan. 3. Sections 8.5.4 and 8.5.6 (CRC representation by local agencies) will be amended to include the following language. The last sentence of the second paragrapn of Section 8.5.4 will be amended by adding at the end thereof with the consent. of the Board of Commissioners." The third sentence of the first paragraph of Section 8.5.6 will be amended by deleting "will oe issued 60 calendar days" and substituting therefor "will not be issued for at least 60 calendar days." Figure 8.5-1 will be adjusted to accurately reflect the final interim siting process as attached'. 4. Section 8.8.1 (System Financing) will be amended as follows. Section 8.8.1 will be amenced by deleting the second sentence of the first paragraph . thereof and inserting in place thereof, "The System will be self supporting through revenues generated by waste delivered to the various system compeeents to pay 'pond- holders for any bones issued to finance the facilities." 5. Part 2 of Section 8.5.10 (Interim Siting Criteria) will be amended as follows (new language underlined). Identify any airports within 10,000 feet of the site. For landfill siting. proposals, written evidence of contact with the Michipan Aeronautics Commission must b.. Provi•.+ regard ess o the site proximity to - e airpor s 6. The last sentence at Section 8.5.12 (eard of Commissioners Approval Procese) will be amended as follows (new language underlined). The Board will give doe regard to the CRC and County Executive recommendations in evaluating the proposal, will approve or deny the recommendations only by affirmative action of the Board and•wiTi reject a recoMffiendation only it there is clear and con- vincing evidence that a proposed site does not meet the goals and objectives of the Plan. 7. Limiting language will be added to the designation of the SOCRRA landfill expansion as follows. This expansion is included only as a covered ash manofill for waste-to -energy residue. BE IT FURTHER RESOLVED that the Plan Update with the changes noted above, shall be ommissioners minutes Lontinuea. dune co, ieu submitted first to Oakland County's 61 muricipalities for their approval and after receiving 67% affirmative responses (41 minimum), the Plan Update shall be submitted to the Michigan Department of Natural Resources for its final approval, Mr. Chairperson, I move the adoption of the foregoing resolution. Larry P. Crake, Commissioner, District #5 - Moved by Crake supported by Cadoell the resolution be aeopted. Moved by Chester supported by Aaron the SOCCRA Incinerator be removed from the 641 Plan. Discussion followed. AYES: Chester, Gosling, Johnson, R. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Price, Bishop. (11) NAYS: Caddell, Calandra, Crake, Huntoon, Jensen, S. Kuhn, McCulloch, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Aaron, (14) ABSTAIN: Wolf. (1) A sufficient majority not having voted therefor, the amendment failed. Moved by Chester supported by McPherson to remove and delete the proposed new SOCCRA Incinerator from the 641 Plan without prejudice, for SOCRRA's right to apply for inclusion in the Incinerator Plan once it has air permYt from the state, and has met other requirements opposed by the County Plan. The Chairperson ruled the amendment out of order. Mr. Chester appealed the decision of the Chair. The Chairperson stated a "yes" vote would sustain the Chair. • AYES: Calandro, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewoldi Skarritt, Aaron, :Caddell. (22) NAYS: Chester, McPherson, Bishop. (3) ABSTAIN: Wolf. (1) A sufficient majority having voted therefor; the decision of the Chair Was sustained. Moved by Chester supported by McPherson the County Plan be amended to provide that any new or existing waste-to-energy facility must have a minimum 1000 foot set-back from any resident; school, park or similar structural facility. AYES: Chester, Gosling, Johnsor, Luxon, McPherson, Moffitt, Price, Bishop. (8) NAYS: Crake, Huntoon, Jensen, R. 'Kuhn, S. Kuhn, Law, McConnell, McCulloch, Oaks, Olsen, Pappageorge, Pernick, Rewold; Skarritt; Aaron, Caddell, Calandro. (17) ABSTAIN: W .F. (1) A sufficient majority not having voted therefor, the amendment failed, Moved by Bishop supported by Price to amend the resolution on page 3, item f7, by striking the SOCCRA Lanfill from the 641 Plan. AYES: Gosling, Johnson. R. Kuhn, Law, McPherson; Moffitt, Price, Rewold, Bishop, Chester. NAYS: Crake, Huntoon, Jensen, S. Kuhn; Luxon, McConnell, McCulloch, Oaks, Olsen, Pappageorge, Pernick, Skarritt, Aaron, Caddell, Calandro. (15) A sufficient majority not having voted therefor, the amendment failed. : Moved by Johnson supported by Skarritt that section 8.5.10 be amended in the 1st paragraph, 5th sentence by adding the words "crcontipous County" following the words "within the County." A sufficient majority having voted tnerefor, the amendment carried. Vote on the 641 Solid Waste Management Plan, as amended: AYES: Nuntoon, Jensen; Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt; Wolf, Aaron, Caddell, Calandro, Crake. (20) NAYS: Gosling, McCulloch, McPherson, Moffitt, Bishop, Chester. (6) (10) (10) 179 Commissioners Minutes Continued. June 28, 1990 A sufficient majority having voted therefor, the resolution, as amended, was adopted. Report (Misc. 90122) By Finance Committee IN RE: SOLID WASTE PROGRAM FUNDING, VOTER-APPROVED BONDS To the Oakland County Board of Commissioners • Mr. Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed Miscellaneous Resolution #90122, "Solid Waste Program Funding, Voter-Approved eyries,' reports with the recommendation that said resolution be adopted. Misc. 90122 By Commissioner John E. Olsen IN RE: SOLID WASTE PROGRAM FeND1N3, VOTER-APPROVED BONDS To the Oakland County Board of Commissieners Mr. Chairperson; Ladies anC Gentlemen: WHEREAS disposal of the County's solid waste has beccme a most pressing concern of Oeklaod county Government; and in addressing this concern the Courty is proposing a comprehensive solid waste program which will be the most monumental financial program undertaken in Oakland's history; and WHEREAS the citizens of our County; like those in the rest of our State and Nation, have been communicating their desire for programs which will safeguard tne environment; and have been equally vociferous in their demanc for tax restraint; and WHEREAS it is anticipated that the revenue generated from the use of this system will fully cover the payment of the bonded indebtedness and operating cost of the program, and should result in minimal -, if any, use of general fund tax dollars; and WHEREAS; however, in this era of high-taxation there is a public perception of disenfran- chisement from a voice in how its tax dollars are obligated and spent, and a failure to allow a vote of the people on this bonded indebtedness will only leaC to a furtherance of citizen distrust of their government. NOW THEREFORE BE IT RESOLVEU that the Oakland County Board of Commissioners does hereby instruct the County Clerk to place the question of the issuance of General Obligation Bonds to cover the cost of construction of the Oakland County's Solid Waste program in an amount not to exceed $500 Million before the voters or a county-wide election ballot. I move the adoption of the foregoing resolution. John E. Olsen, Commissioner District #17 Moved by Caddell supported Cy Olsen the resolution be aeoptee. Discussion followed. AYES: Jensen, R. Kuhn, S. Kuhn; Law, McCulloch, VePherson, Olsen, Pappageorge, Skarritt, Wolf, Chester, Gosling. (12) NAYS: Huntoon; Johnson, Luxor); HcConnell;.Moffitt,'Daes, Pernick; Price,:.ReWold,,Aarone Biseop, Caddell, Calandro,•Crake. (141 A. sufficient majority NOT having voted therefor, the resolution was not adopted. Reports (Misc. 90123) By Planning and Building Committee IN RE: SOLID WASTE PROGRAM FUNDINe, "LIMIeED OBLIGATION BONUS' To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and.Sentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution, reports with the recommendation that the resolution be adopted with the following amendment; Delete the BE IT FURIeLR RESOLVED paragraph and replace it with: ''BE IT FURTHER RESOLVED that the financing of this tremendous puelic works program be undertaken with extreme prudence and fiduciary responsibility; and that ine sale of said bonds will commence upon securing the necessary auprovals by the local units of tne Intergovernmental Agreements which provide for the local units to fully cover the cost of the program." Mr. Chairperson, on behalf of the Planning ant Building Committee, I move acceptance of the foregoing report. ' Mr, Chairperson, I move acceptance of the foregoing report. FINANCE eOMMITTEL G. William Caddell, Chairperson PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson -- Commissioners Minutes Continued. June 28, 1990 Misc. 90123 By Larry Crake . IN RE: SOLID WASTE PROGRAM FUNDING; "LIMITED OBLIGATION BONDS" To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the culmination of years of planning the County's Solid Waste Program marks the beginning of the construction and implementation portion of the program; and WHEREAS it has been determined that tne cost of tnis program will be approximately $500 Million, and the Board of Commissioners nas determined that providing the necessary funding for this program will necessitate the sale of bonds; and WHEREAS it is anticipated that the revenue generated from the use of this system should fully cover the payment of the bonded indebtedness and operating costs resulting in minimal, if any, use of general fund tax dollars. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the sale of "limited obligation bonds" under the provisions of Act 186, of the Public Acts of 1989, as amended, in an amount not to exceed $500 Million. BE IT FURTHER RESOLV:D that the financing of this tremendous public works program be undertaken with extreme prudence and fiduciary responsibility, and tnat the sale of said bonds will commence immediately upon the securing of the necessary approvals by the local units of both the Act 641 Solid Waste Plan Update and the Intergovernmental Agreements wnicn shall provide for the local units to fully cover the cost of the proeram, and that no.conseruction shall De undertaken until the sale of the bonds is complete. Mr. Chairperson, I move the adoption of the foregoing resolution. Larry P. Crake, Commissioner Dist. #5 Ruth A. C.ohnson, David L. Moffitt Moved by Crake supported by Pernick the resolution be adopted. AYES: Johnson; Luxon, McConnell; McCulloch, Moffitt, Oaks; Pernick, Price; Rewold. Aaron, Bishop; paddell, Calandro; Chester, Crake; Huntoon. (16) NAYS: Jensen; R. Kuhn; S. Kuhn, Law, McPherson, Olsen, Pappageorge, Skarritt, Wolf, Gosling. (10) A sufficient majority having voted therefor; the resolution was adopted. Report (Misc. 90142) By Personnel Committee IN RE: Department of Institutional and Human Services/Health Division - 1990/1991 HIV SERORREVALENCE. SURVEY GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel .Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of tne Personnel Committee, I move the adoption of the foregoing report. • PERSONNEL COMMITTEE John P. Calandro, CI-lair-person Misc. 90142 By Finance Committee _ IN RE: Department of Institutional and human Services/Health Division - 1990/1991 HIV SLROPREVALENCE SURVEY GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Health Division applied to the Michigan Department of Public Health (MOH) for IB8220 in HIV Seroprevalence Survey Grant funds for the period May 1, 1990 through April 30; 1991; and WHEREAS MDPH has awarded the Oakland County Health Division a grant in the same amount and for the same time frame as the application tnrough the Southeast Michigan Health Association (SEMHA) the prime MPH sub-contractor fur this project; and WHEREAS grant funds cover 100% of program cost; and WHEREAS $36,539 in revenue and expenses was budgeted for this grant in 1990, in the 1990/1991 Biennial Budget, this agreement will increase revenues and expenses by $51,681 as detailed in the attached schedule; and WHEREAS the grant includes funding for two (2) additional special revenue funded student positions which requires the approval of the Personnel Committee; and WHEREAS the Office of Corporation Counsel has reviewed the agreement and approved it as to legal sufficiency; and WHEREAS acceptance of this agreement does not obligate the County to any future commitments. NOW THEREFORE SE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1990/1991 HIV Seroprevalence Survey Grant in the amount of $88.220 and authorizes the necessary Revenue 3-2737r-179-01-00-2185 Expenses 4-27371-179-01 -00-3128 Lommissioners minutes Lontinueo. Affle Lb, Ivau 181 amendments to the 1990 Budget as Cetailed in Schedule A. BE IT FURTHER RESOLVED that two (2) special revenue funded student positions be added to the Health Division - Clinic Unit (#162-36) to execute tnis agreement and that in the event that grant funding ends; these positions would be eliminated. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute said grant agreements and to approve amendments up to fifteen (15) percent variance from the original award which are consistent with the agreement as'originally approved. Mr. Chairperson; on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William CadCell; Chairperson Moved by Cadnell supported by Pappageorge the Persornel Committee report be A sufficient majority having voted therefor; the report was accepted. Moved by Caddell supported by Pappageorge the resolution be adopted. . AYES: Johnson; R. Kuhn, Luxon, McCulloch, McPherson;Moffitt i Oaks, Olsen, Pappageorge; Pernick, Price; Rewold; Skarritt; Wolf, Aaron, Bishop, Caddell, Cnester; Crake; Gosling; kuntoon, Jensen. (22) NAYS:. None. (01 • A sufficient majority having voted therefor; the resolution was adopted. Misc. 90143 By Finance Committee IN RE: Circuit Court Probation - ACCEPTANCE OF TECHNICAL ASSISTANCE FUNDING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS this Technical Assistance Funding is for developing a comorehensive community corrections plan for Oakland County as a means of providing meaningful community alternatives to jail and prison confinement for offenders with unique situations; and WHEREAS the Michigan Department of Corrections has provided 100% funding for this program in the amount of $40;000 for the period June 1, 1990 through September 30; 1990; and WHEREAS this funding is for Professional Planning ane Consultation Services, to be provided through contract with Oakland tniversity, and; therefore no County personnel are required; and WHEREAS the office of Corporation Counsel has reviewed this grant and approved it as to legal sufficiency; and WHEREAS acceptance of this grant does not obligate tne County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the funding from the Michigan Department of Corrections in the amount of $40,000. BE IT FURTHER RESOLVED that the following amendment be maoe to the 1990 adopted Budget: accepted. Probation Community Corrections Plan - $40;000 Grant Revenue Circuit Court Probation - $40;000 Professional Services $ -0- FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Johnson the resolution be adopted. AYES: R. Kuhn, Lunn; McCulloch; McPherson, Moffitt, Oaks, Olsen; Vappageorge; Price, Rewold; Skarritt, Wolf; Aaron; bisnop; Caddell, Calandra, Chester; Crake; Gosling. Jensen, Johnson. (231 NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Pernick, Huntoon, Misc. 90144 By Finance Committee IN RE: Treasurer's Office - AUTHORIZATION FOR COUNTY TREASURER TO REPRESENT COUNTY WITH LOCAL DOWN- TOWN DEVELOPMENT AUTHORITIES (D.D.A.1, TAX INCREMENT FINANCE AUTHORITIES (T.I.F.A.) and LOCAL DEVELOPMENT FINANCE AUTHORITES (L.D.F.A.) To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS no representative from the County represents the County at meetings of local -- Commissioners Minutes Continued. June 28, 1990 Downtown Development Authorities (D.D.A.), Tax Increment Finance Authorities (T.I.P.A.) and Local Development Finance Authorities (L.D.F.A.): and WHEREAS the County is losing millions of dollars in current and future tax revenue because no agreements are made on the County's behalf with local D.D.A., T.I.F.A. and L.D.F.A. authorities; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the 'County Treasurer's office to represent the County's interest with all local Downtown Development Authorities (D.D.A.), Tax Increment Finance Authorities (T.I.F.A.) and Local Development Authorities (a.D.F.A.) within the County. BE IT FURTHER RESOLVED that any proposed agreements or requests for legal action recommended by the County Treasurer concerning any local D.D.A., T.I.F.A. and L.D.F.A. authorities be brought to the Board of Commissioners for their approval. BE IT FURTHER RESOLVED that all notices received by any County Official or Department be referred to the County Treasurer. BE IT FURTHER RESOLVED that a copy of this resolution be sent to all elected officials and County department heads. Mr. Chairperson, on behalf of the Finance Committee. I move the adoption of the foregoing resolution. FINANCE COMM:TTEE G. William Caodell; Chairperson Moved by Caddell supported by Ricnard Kuhn the resolution .be adopted. AYES: Law, Luxon; McConnell, McCulloch, MOnerson, Moffitt, Oaks, Olsen, Pappageorge; Pernick, Price; Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Gosling, huntoon, Jensen, Johnson, R. Kuhn. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90145 By Finance Committee IN RE: Oakland County Treasurer - INVESTMENT IN REDEVELOPMENT PROJECT IN THE CITY OF ROYAL OAK To the Oakland County Board of Commissioners -Mr. Chairperson, Ladies and Gentlemen: • WHEREAS the City of Royal Cak; through its Downtown Development Authority and the Department of Economic Development, have jointly developed a plan for economic redevelopment along the I-696 corridor; and WHEREAS said redevelopment is anticiaoted to add over $100 million to the property tax valuation base; and WHEREAS that plan calls for the assembly and acquisition of approximately $11.6 million of property; and WHEREAS the City of Royal Oak has obtained financing for $5 million from State and Federal sources and anticipates $1.5 million from the sell-off of a portion of the acquired land leaving a balance of approximately $5 million; and WHEREAS the County through its Treasurer may invest its funds in Bonds or Notes issued by the Downtown Development Authority of Royal Oak and in accordance with the legal requirements of the Michigan Municipal Finance Act; and WHEREAS said investment will have the dual purpose of providing the County a fair rate of return and of helping encourage development and avoid the possibility of urban decay; and ' WHEREAS the terms of the County investment with the Downtown Development Authority may include: (A) A variable interest rate adjusted annually to be equivalent to the 6 month Treasury Bill rate. (B) Repayment to be within ten years with the County Treasurer's right to put the issue in the sixth year. (C) Investment is to be secured by the Limited Full Faith and Credit of the City of Royal Oak and the acquired property with the County reserving the right to review terms and conditions of the sale of said property including distribution of proceeds until such time the County is made whole. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes;- through its Treasurer; to invest up to 55 mIlliun from the General Fund in Bonds or Notes issued by the Downtown Development Authority of the City of Royal Oak in accoreance with Section 13A of Public Act 197 of 1975 as amended. 3E IT FURTHER RESOLVED said investment he secured by the property involved as well as the Limited Full Faith and Credit of the City of Royal Oak or bond insurance or letter of credit to the satisfaction of the County Treasurer. BE IT FURTHER RESOLVED that the maturity schedule and other necessary terms and conditions of the issue be mutually agreed on by the County Treasurer and the Downtown Development Authority of the City of Royal Oak. BE IT FURTHER RESOLVED that the City of Royal Oak shall hereby appoint a designee of the Commissioners Minutes Continued. June 28, 1990 183 • County Treasurer as a member of the Downtown Development Authority to serve for the duration of this agreement. BE 1T FURTHER RES:LVED the Chairperson of the Board be authorized to sign said agreement in concurrence -with the County Executive and the County Treasurer. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE :OMMITTEE G. William Caddell; Chairperson • The Chairperson referred the resolution to the Finance Committee. There here no objections. MISC. 90131 By Personnel Committee IN RE: RETIREMENT SYSTEM AMENDMENT ADjUSTMENT BENEFIT To the Oakland County Board of Commissioners ter. Chairperson; Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #88145; adopted June 9, 1988, provided the retirees from the Oakland County Employees Retirement System with an adjustment to their benefit levels; and WHEREAS the Board of Commissioners periodically has reviewed and elected to grant a discretionary increase in post retirement benefits; and WHEREAS persons who have retired Defore January 1; 1989 should be granted an adjustment in the retirement benefit of 2%, effective January 1; 1990; and WHEREAS the necessary funds to cover the cost of this benefit will be provided from the Reserve for Retired Benefit payments of the Oakland County Employees' Retirement System and will not require an Appropriation from the county; NOW THEREFORE BE IT RESOLVED tnat the Oakland County Board of Commissioners does hereby amend the Oakland County Employees' Retirement System by adding a new paragraph to Section 35 to read as follows: 'Post Retirement Benefit Increases' 35.1 For a monthly benefit which became effective as of January 1; 1989, beginning with the monthly benefit payment, if any; tor the month of January 1990, the amount of benefit shall be increased by 2% of the amount of benefit otherwise payaole for the period. Mr. Chairperson; on behalf of the Personnel Committee; I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandro; Chairperson . Fiscal Note (Misc. 90131) . By Finance Committee IN RE: RETIREMENT SYSTEM AMENDMENT ADJUSTMENT BENEFIT To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: Pursuant to Rule XI-G of the Board; the Finance Committee has reviewed Miscellaneous Resolution #90131 and finds: 1) The total a:Crued liability for a two (2%) percent increase in the retirement benefit for persons who have retired before July 1, 1989 amounts to $1;207;020. 2) Funds are .available in the Reserve for Retired Benefit. payments in the County Employee's Retirement System to provide for this increase, therefore no additional General Fund appropriation is necessary. 3) Implementation of the subject adjustment requires the following transfer of funds: From: 1-73100-390-001 Employee's Retirement Reserve $(1,207;020) To: 1-73100-380-001 County Pension Reserve Fund - General $ 1,049,450 1-73100-380 -002 County Pension Reserve Fund - Sheriff 157;570 $ 1,207-.020 $ -0- 4) Recommends the Resclution be amended as follows: a) The third "Whereas" to read "Whereae; persons who have retired before July 1; 1989 should be granted an adjustment in the retirement benefit of 2%; effective July 1; 1990." h) The Now Therefore be it Resolved" to read at Section 35,1 of the Oakland County Employees' Retirement System; "...which became effective as of July 1; 1989; beginning with the monthly benefit payment; if any; for the month of July ; 1990 ...'' FINANCE COMMITTEE G. William Caddell; Chairperson 184 Commissioners Minutes Continued. June 28; 1990 Moved by Calandro supported by Eaddell the resolution be adopted. Moved by Caddell supported by Pappaieorge the resolution be amenoed .in the 3rd WHEREAS paragraph to change the date from January 1, 1990 to July 1; 1990. Also; in the NOW THEREFORE BE IT RESOLVED paragraph change the date from January 1, 1989 to July 1; 1989. Vote on amendment: AYES: Luxon; Oaks; Olsen, Pappageorge; Pernick; Rewold; Skarritt; Wolf; Caddell; Chester; Crake; Gosling; Huntoon; Jensen, R. Kuhn, Law. (1E) NAYS: McConnell; McPherson; Price; Aarcr; Bishop; Calandro; Johnson. (7) A sufficient majority having voted therefor; the amendment carried. Moved by Aaron supported by Oaks the resolution be referred to the Personnel Committee for further consideration. Vote on referral: AYES: McConnell, McPherson, Oaks, Olsen; Pappageorge, Pernick, Rewold; Skarritt; Wolf; Aaron, Bishop, Calandro; Chester, Crake; Gosling, Huntoon; C,ensen, Jonnson; Law; Luxon. (20) NAYS: Price, Caddell, R. Kuhn. (3) A sufficient majority having voted therefor, the motion to refer to the Personnel Committee carried. Misc. 90146 By Personnel Committee IN RE: RECRUITMENT OF SOLID WASTE DIRECTOR To the Oakland County Board of Cownissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS in accordance with Miscellaneous Resolution #89258, as amended; a Search and Selection Committee was formed for the purpose of determining the means of advertising; interviewing and recommending a candidate for the position of Solid Waste Director; and WHEREAS such committee, comprised of two members of the Personnel Committee; one member of the Planning and Building Committee; Director of Personnel and the County Executive's Designee, has met and has interviewed several management consulting firms and is recommending the hiring of the Par Group, based on its experience and success in management and technical recruitment; as well as its fees and expenses not to exceed $17,000 which includes the costs of printing and traveling. NOW THEREFORE BE IT RESOLVED that tne Oakland County Board of Commissioners does hereby direct the County Executive to enter into a contract with the public management consulting firm; Par Group, Paul A. Reaume, Ltd. in an amount not to exceed $17,000, for its assistance in the successful recruitment, interviewing, and selection of candidates for the appointment to the position of Director of Solid Waste Management. Mr. Chairperson, on behalf of the Personnel Committee, 1 move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandra Chairperson Fiscal Note (Misc. 90146) By Finance Committee IN RE: RECRUITMENT OF SOLID WASTE DIRECTOR To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-0 of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90146 and finds: 1) The Par Group; a public management consulting firm, has been selected by the Search & Selection Committee to assist in the recruitment and selection of a candidate for the Position of Director of Solid Waste Management, 2) The contract cost will not exceed $17,000, 3) Funding of $10,000 is available in the 1990 Budget of Personnel-Human Resources- Training and Tuition Reimbursement account, 4) Funding of $7;000 is available in the 1994 Contingency Account; 5) The 1990 Biennial Budget be amended as follows: 4-10100-154-01-00 -3731 Training 3 Tuition RciMb. 4-10100-909-01-00-9940 Contingency 4-10100-154-01-00-312B Professional Services FINANCE COMMITTEE G. William Caddell, Chairperson $(10,000) (7,000) 17,000 $ 0 165 eommIsssoners msnutes eontinuea. dune e8s 1990 Moved by Calandro supported by Law the reeolution be adopted. Discussion followed. AYES: McPherson; Moffitt; Oaks, Olsen; Pappaeeorge, Price; Wolf; Aaron; Bishops Calandra Chester, Gosling, R. Kuhn; Law. (14) NAYS: Pernicks Rewolds Skarritt; Caddell; Crake, Huntoon, -Jensen. Johnson, Luxon; • McConnell. (10) A sufficient majority having voted therefor; the resolution was adopted. Misc. 90147 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUT:ON TO APPROVE SECOND AMENDMENT TO HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE - NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT CONTRACT ANC TO AUTHORIZE THE ISSUANCE OF BONDS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") and the Cities of Walled LaKe and Novi (the "Cities") have entered into the Huron-Rouge Sewage Disposal Systems Walled Lake-Novi Wastewater Treatment Plant 1989 Enlargement Contract; dated as of March ls 1989 (the "Contract") and the First Amendment to Huron-Rouge Sewage Disposal System Walled LaKe-Novi Wastewater Treatment Plant 1989 Enlargement Contract; dated as of March 1; 1990; pursuant to the provisions of Act No, 342; Public Acts of Michigan, 1939, as amended ("Act 342"); and WHEREAS it is necessary to approve a revised estimate of the cost of the project and to approve a second amendment to the Contract; and WhEREAS the Contract as amended arovides for the issuance of bonds by the County to defray part of the cost of acquiring and constructine the Huron-Rouge Sewage Disposal System Walled Lake-Novi Wastewater Treatment Plant 1989 Enlargement Project, said bonds to be,seeured by the contractual obligation of the City of Walled LaKe to pay to the County amounts sufficient to pay the Principal of and interest on the bones and pay such paying agent fees and other expenses as may be incurred on amount of the bonds; and WHEREAS it is in the best interest of the County of Oakland that the bonds be issued and the project be acquired and constructed. THEREFORE; BE IT RESOLVED BY THE 'BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follow; 1. APPROVAL OF REVISED COST ESTIMATE. The revised cost estimate submitted by the County Drain Commiesoner tor toe Huron-eouee newe Diseosal System Welled Lake - Novi Wastewater Treatment Plant 1989 Enlargement Project in the amount of $8,428,990 Is approved. 2. APPROVAL OF SECOND AMENDMENT TO CONTRACT, The Second Amendment to Huron-Rouge Sewage Disposal System Wailed Lake-Novi Wastewater Treatment Plant 1989 Enlargement Contract, dated as of June 1, 1990; among the County, by and through the County Drain Commissioner, party of the first parts and the Cities of Walled Lake and Novi, parties of the second part, which Second Amendment has been submitted to this Board of Commissioners; is approved and adopted, and the County Drain Commissioner is authorized and directed to execute and deliver the same for and on benalf of the County. in as many counterparts as may be deemed advisable; after the Second Amendment has been executed by the appropriate officials of the Cities. The Second Amendment reads as follows: SECOND AMENDMENT TO HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT ' 1985 ENLARGEMENT CONTRACT THIS CONTRACT, made and entered into as of the first day of June, 1990 by and among the COUNTY OF OAKLAND; a county corporation in the State of Michigan (hereinafter sometimee referred to as the "County"), by and tnrough its Drain Coemissioner; County Agency, party of the first part; and the CITY OF WALLED LAKE and the CITY OF NOVIs home rule cities located in the County (hereinafter sometimes referred to as the "Cities'), parties of the second part. WITNESSETH: WHEREAS the County and toe Cities heretofore have entered into the Huron Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargemeat Contract (the "1989 Enlargement Contract") and the First Amendment to Huron-Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement Contract (the "First Amendment") pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939; as amended; and , WHEREAS it now is necessary to amend further tie 1959 Enlargement Contract. THEREFORE in eonsideration•of the premises arid the covenants of each other, the parties hereto agree that Section 6 of the 1989 Enlargemeet Contract as amended by the First Amendment is amended to read as follows: 6. The Cities shall pay to the County the total cost of the Project (less such funds as may become available from other sources), which total cost for this purpose -shall include; in addition to the items of the nature set forth in Exhiseit B (Second Revised) (represented by the principal amount of the bonds to be issued by the County and the cash payment to be made by the City of Novi of its share of the cost) all interest payable by the County on said bonds and all paying agent fees and other expenses and charges (including the County Agency's administrative expenses) Mayor By: Commissioners Minutes Continued. Cline 28, 1990 which are payable on account of said bonds such fees, expenses and charges being herein called 'bond service charges). The cost of the Project and the obligations of the Cities are allocated • between the Cities as shown on Exhibit B (Second Revised) which is attached hereto and made a part hereof. The City of Novi shall pay its share of the cost to the County prior to the delivery of the County bones. Payments shall be made to the County by tie City of Walled Lake in annual nstallments which shall be due and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal Maturity date thereof. An annual installment shall be paid in each year if any principal anC/or non -capitalized interest on the bonds falls due during the twelve-month period beginning on such principal materity date in said year, and the amount of each installment so due and payable shall be at least sufficient to pay all such principal and/or interest thus falling due and all bond service charges then due and payable. The County Agency; within thirty days after delivery of the County bonds to the purchaser; shall fernish the Treasurer of the City of Wallec Lake with a complete schedule of the principal and interest maturities thereon, arid the County Ageecy, at least thirty days before each payment is due to be made by the City of Walled Lake, also shall advise the City Treasurer of the amount payable to the County on such date. If the City of Walled Lake fails to make any payment to the County when due, the same shall be subject to a penalty of 1% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse the City of Walled Lake from the obligation to make payment when due. Such payments snail be made by the City of Walled Lake when due whether or not the Project has tnen been completed or placed in Operation. In the event that additional County bonds shall be issued under the authority of this contract to defray a part of the cost of the Project; the foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. If a grant; advance or payment becomes available from the state or federal government or any other source; each City hereny agrees to adopt such resolutions or ordinances as may be required by state or federal laws, regulations or orders to make the County and the Project eligible to accept and receive the grant, advance or payment; and if the terns of tne grant; advance or payment require a local contribution, each City hereby agrees to raise and wake such local contribution. , THE PARTIES FURTHER AGREE that Exhibit B (Revised) shall be amended by Exhibit B (Second Revised) which is attached hereto and by this reference is walee apart hereof. his Second Amendment to Huron -Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treatment Plant 1989 Enlargement Contract shall become effective upon its execution by each party 'hereto and the expiration of 45 days after the date or dates of puh'cieatien of the notices required by Section 5b of Act 342; provieed, however; that if; within the 45 -day period a proper petition is filed with the City Clerk of a City in accordance with the provisions of said Section 5b of Act 342 then this contract shall not become effective until approved by tie vote of a majority of the electors of the City qualified to vote and voting thereon at a general or special election. This contract shall terminate forty (40 years from the date hereof or an mien earlier date as shall be mutually agreed; provided, however, that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all bond service charges pertaining to said bonds. This contract may be executed in several counterparts. The provisions of this contract shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by the undersigned, being ally authorized by the respective governing bodies of such parties, all as of the day and year first above written. COUNTY OF OAKLAND By: 7—f--TE5=71 7777677F7ounyDralTi7 171 7) CITY OF WALLED LAKE CITY OF NOVI By: By: Mayor By: Clerk alere 3. AUTHORIZATION OF BONDS --PURPOSE. Bonds of the County aggregating the principal sum of Two Million Six Hundred Thousand Dollars (52;600;000) shall be issued and sold pursuant to the provisions of Act 342; and other applicable statutory provisions; for the purpose of defraying part of the cost of acquiring the constructing Huron-Rouge Sewage Disposal System Walled Lake - Novi . Wastewater Treatment Plant 1969 Enlargement Project. 4. 80ND DETAILS. The bones shall be designated Huron-Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treatment Plant enlargement Bonds; shall be dated July 1; 1990; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of 55,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 12% per annum to be determined upon the sale thereof payable on May 1; 1991, and semiannually thereafter on the first days of May and November in each year; and shall mature on May 1 in each year as follows: 1992 $ 50,000 2000 $200,003 1993 50,000 2001 200,000 88 i88:B88 • 2003 300,000 2004 300.000 2005 300,000 2006 350,000 eommissioners niuutes Loneinuec. June ee; 1990 187 N .:8M 1995 100;000 1996 100,000 1997 100,000 1998 150,000 19e9 150,000 • 5. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as snown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 6. PRIOR REDEMPTION. Bones maturing prior to May 1, 2000 shall not be subject to redemption prior to maturity. Bonds maturing oe and after May 1; 2000 shall be subject to redemption prior to maturity upon the terms and conditions set forth in the form of bond contained in Section 10 hereof, 7. BOND REGISTRAR AND PAYING AGENT. The Courty Treasurer shall designate; and may enter into an agreement with; a bond registrar aria- paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time as required designate 'a sielelarly qualified successor bond registrar and paying agent. 8. EXECUTIOK, AUTHENTICATION AND DELIVERY OF BONDS. The eonds shall be executed in the name of the County by the 'facsimile signatures of the Chairman of toe Board of Commissioners and the County Clerk and authenticated by the manual signature of an autherized representative of the bond registrar and paying agent, and the seal of the Colenty (or a facsimile thereof) shall be impressed or imprinted on tile bonds. After the bends have been executec and authenticated for delivery to the original purchaser thereof, they shall be delivered ny the county Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and the County elerk and upon which the seal of the County (or a facsimile thereof) is impressed or leprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond . registrar and paying agent shall indicate on each bond the date of its authentication. 9. EXCHANGE Alle TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of tee registered owner thereof; may be exchanged for bonds of any other authorized denominations of the same aggregate prircipal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County; which shall be kept for that purpose by the bond registrar and paying agent; upon surrender of such bond together with a written instrument of transfer satisfactory to the oond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond; the eond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of' any authorized denomination of tie same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent autnenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default; the bond registrar and paying agent shall endorse upon the new bond the following: 'Payment of interest on this bond is in default. The last cate to which interest has been paid is The County and the bond registrar and paying agent may deem and treat the verson in whose name any bond shall be registered upon tee books of tee County as the absolute owner of such bond, whether such bond shall be overdue or not; for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes; and all payments made to any such registered owner, or upon his order; in accordance with the provisions of Section 5 of this resolution shall be valid and effectual to satisfy anc discharge the liabi'city upon such bond to the extent of the sum or sums so paid; and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The Coenty agrees to indemnify and save the bond registrar and paying agent harmless from and 'against any and all loss; cost, charge; expense; 'judgment or liability incurred by it; acting in good faith and without negligence hereunder; in so treating such registered owner. For every exchange or transfer of bonds; the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax; fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of tee privilege of making such exchange or transfer. The bond registrar and paying agent shall not be recuired to transfer or exchange bonds or portions of bonds which have been selected for redemption. 10. FORM OF BONDS. The hoods shall be in substantially the following form: Commissioners Minutes Continued. June 28, 1990 UNITES STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND HURON-ROUGE SEWAGE DISPOSAL SYSTEM WALLED LAKE - NDYI WASTEWATER TREATMENT PLANT ENLARGEMENT BOND INTEREST RATE MATURITY DATE DATE OF ORIGINAL :SSUE CUS1P July 1; 1990 Registered Owner Principal Amount The County of Oakland; State of Michigan, (the "County"), acknowledges itself indebed to; and for value received; hereby promises to pay to the Registered Owner identified above; or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bend at in the City of , Michigan; the bond registrar and paying agent; and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the montn in which an interest payment is due; by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address; interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to. the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first days of May and November in each year, commencieg on May 1; 1991. Principal and interest are payable in lawful money of the United States of America. This bond is one of a series of bonds aggregating the principal sum of Two Million Six Hundred Thousand Dollars ($2,500,000) issued Dy the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342; Public Acts of 1939; as amended) and a bond authorizing resolution adopted by tne Board of Commissioners of the County ,(the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing improvements and enlargements to the Huron-Rouge Sewage Disposal System Walled Lake - Novi Wastewater Treatment Plant. The bonds of this series are issued in anticipation of payments to be made by the City of Walled Lake in tne aggregate principal amount of Two Million Six Hundred :Thousand Dollars ($2;600,000).pursuant to a contract among the County, the City of Walled Lake; and the City of Novi dated as of March 1, 1989, as amended by amendments dated March 1, 1990 and June 1; 1990. The full faith and credit of the City of Walled Lake have Peen pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit of the County have been pledged for the prompt payment of the principal of and Interest on the bonds of this series. Taxes levied by the City and the County to pay the principal of and interest on the bonds of this series are subject to constitutional tax limitations. This bend is transferable; as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination; in the same aggregate principal amount and of the same 'interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, ard upon payment of the charges; if any, therein provided. Bones so authenticated and delivered shall be An the denomination of $5,000 or any integral multiple thereof not exceeding tne aggregate principal amount-for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. Bonds maturing prior to May 1; 2000 are not subject to redemption prior to 'maturity. Bonds maturing on and after May 1; 2000; are subject to redemption prior to maturity at the option of the County; in such order as shall ee determined by tne County; on any one or more -interest payment dates on and after May 1, 1999. Bonds of -a denomination greater. than 55,000 may be partially redeemed in the amount of $5;000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed; the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the ear value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemptior and a premium as follows: 1% of the par value if called for redemption on or after May 1, 1999; but prior to May 1; 2003; iZ of the par value if called for redemption on or after May 1, 2003, but prior to May 1; 2005; No premium if called for redemption on or after May 1, 2005. Not less than thirty eays' notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand witn the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared tnat all acts, conditions and things required 189 Commissioners Minutes Continued. June 28, 1990 to exist; happen and be performed precedent to and in the issuance of the bonds of this series; existed; have happened and have been performed in due time; form and manner as required by law; and that the total indebtedness of said County; including the series of bonds of which this bond is one; does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF; the County of Oakland, Miceigane by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and its corporate seal or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAK-AND (SEAL) By: County Clerk Chairman, Board of Commissioners CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in tne within -mentioned Resolution-. Registrarr By ut er-F=ilepresentati ve AUTHENTICATION DATE: ASSIGNMENT For value received; the undersigned hereby sells; assigns an transfers unto {please print or type name, address and taxpayer identification numeer of -transferee) the within bond and all rights thereunder and does hereby irrevocably constieute and appoint attorney to transfer the within bond on the eooks kept for registratioe thereof, with full power of substitution in the premises. Dated: Signature Guaranteed The signature must be guaranteed by a ccmmerical bank; a trust company or a . brueerage firm which is a member of a major stock exchange. 11. SECURITY. The eonds shall be issued in anticipation of payments to be made by the City of Walled Lake pursuant to the Contract; as amendec. The bonds shall be secured primarily by the full faith and credit pledge made by the City of Walled Lake in the Contract as amended pursuant to the authorization contained in Act 342. As additional and secondary security the full faith axle credit of the County are pledged for the prompt payment of the principal of and interest on the bonds as the same shall become dee. If the City of Walled Lake shall fail to make payments to the County which are sufficient to pay the principal of and interest on the bonds as the same shall become due; an amount sufficient to pay the deficiency shal -; be advanced from the general fund of the County. 12. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund whicn shall be kept in a separate bank account. From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the same. All payments received from the City of Walled Lake pursuant to the Contract as amended are pledged for payment of the principal of and interest on tne bones and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. - 13. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund and used to acquire and construct the ealled Lake-Novi Wastewater Treatment Plant 1989 Enlargement Project in accordance witn tne provisions of the-Contract. All moneys received from the :ity of Novi for the cost of the project also shall be placed in the construction fund. 14. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY—EXCEPTiON FROM PRIO' . The issuance and sa e o t e ea-els sna Be sutjec 0 permission Being grantee t ere or by the Department of Treasury of the State of Michigan or an exceptice from prior-approval being granted by the Department of Treasury and tne County Drain Commissioner -ana the County Treasurer are each hereby severally authorized to file with the Department of Treasury a Notice uf Intent to Issue an Obligation with respect to the bonds and to pay; upon the filing of said notice, the filing fee of $400. If an exception from prior approval is not granted the County Drain Commissioner or the -County Treasurer shall make application to the Department of Treasury for permission to issue and sell the bonds as provided by the terms of this resolution ane for approval of the form of Notice of Sale. 15. REDUCTION OF PRINCIPAL AMOUNT OF BDND ISSUE. If the County Drain Commissioner shall determine that Tt-------yt71-761177or ----idsintheprisnotriecessarerncipal amount of Two Million Six Hundred Thousand Dollars ($2,600,000), he may by order reduce the principal amount of bendS to be sold to that amount deemed necessary. In the event the principal amount of the bond issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of bonds maturing in any one or more years as necessary. By 190 Commissioners Minutes Continued. June 2B, 1990 16, SALE; ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain Commissioner is authorized to prescribe the form of notice of sale for the bonds, to sell the bonds at not less than 98% of par plus accrued interest in accordance with the laws of this state and to do all things necessary to effectuate the sale; issuance; delivery; transfer and exchange of the bonds in accordance with the provisions of this resolution. The County Drain Commissioner is authorized to cause the preparation of an official statement for the bonds for purposes of compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934; as amended (tee "Rule") and to do all other things necessary to comply . with the Rule. After the award of the bends; the County will proviee copies of a "final official statement" (as defined in paragraph (e)(2) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the rule and the rules of the Municipal Securities Rulemakine Board. 17. TAX COVENANT, The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended. necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Crain Commissioner and other appropriate County pfficials are authorized to do all things necessary (including the making of covenants of the County) to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes, 18. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee; I move the adoption of the foregoing resolution. - PLANNING AND BUILDING COMMITTEE Larry P. Crake; Chairperson Fiscal Note (Misc. 90147) By Finance Committee IN RE: Drain Commissioner - RESOLLTION TO APPROVE SECOND AMENDMENT TO HURON-ROUGE SEWAGE eISPOSAL SYSTEM WALLED LAKE-NOVI WASTEWATER TREATMENT PLANT 1989 ENLARGEMENT CONTRACT AND, TO AUTHORIZE THE ISSUANCE OF BONDS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board; the Finance Committee has reviewed Miscellaneous jeesolution 00147 and finds: 1) The resolution authorizes the issuance of tax-exempt Act 342 bonds with the County pledging its full-faith and credit as the secondary obligator. 2) The primary obligator is the City of Walled Lake, pledging its full-faith and cred(t. 3) The obligations of the County and the City are limitee tax obligations. 4) The principal amount of the eond issue is $2;600,300 at an interest rate not to exceed 12%. 5) The statutory limit for County debt is.$2039;543,375 (10% of 1989 State Equalized Value). As of May 31; 1990; the outstanding debt is $345;614;756 or approximately 1.5% of the S.E.V. 61 No budget amendments are necessary. 7 FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Caddell the resolution be adopted. AYES: Moffitt, Oaks; Pappageorge; Pernick, Price, Rewole, Skarritt, 'Wolf; Aaron, Bishop, Caddell, Calandre, Chester, Crake, Gosling; Huntoon; eohnson; R. KLinit, Law; Luxon, McConnell, McPherson. (22) NAYS: jensen. (1) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90148 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE FINANCING OF SEGMENT 3 OF NORTH HURON VALLEY/ ROUGE VALLEY WASTEWATER CONTROL SYSTEM FACILITIES To the Oakland County Board of Commissioners Mr. Chairperson. Ladies and Gentlemen: WHEREAS the County of Oakland has,, by acting in cooperation with the County of Wayne and the local units of government in the Wayne County Rouge Valley Sewage Disposal System; acquired capacity in the Rouge Valley System existing facilities and In aeditions thereto constructed and to be constructed by Wayne County under the Wayne County-Oakland County, Construction; Finance; and Service Agreement dated February 1; 1988, as amended by an Amenoment to the Agreement dated as of November 1; 1988; and a Second Amendment to the Agreement dated as of August 1; 1989 (collectively; the "AGREEMENT"), to which there is suemitted herewith a Third Amendment to the AGREEMENT to be dated as of March 6; 1990; including revised Exhibits E -1, E-2 and E-3 dated May le; 1990; and Exhibits F and H dated March 6, 1993 (collectively the "AMENDKENT"), which AMENDMENT contains changes to provide for the financing; construction and operation of Segment 3 of the North Huron 191 Commissioners Minutes Continued. June 28, 1990 Valley/Rouge Valley Wastewater Control System facilities; and • WKEREAS the City of Novi (the "OAKLAND LOCAL Me') has approved the AMENeMeNT and has authorized the County of Oakland to approve and adopt the same on its behalf; and WHEREAS a Contract has eeen executed and delivered between the County of Oakland and the OAKLAND LOCAL UNIT as related to the AGREEMENT, dated of February 1; 1988, including revised Exhibits A; B, B-l s 8-2 and B-3 thereto (collectively; the "CONTRACT"); which CONTRACT provides for the acquisition of capacity in Wayne County and City of Detroit sewee• transportation and treatment facilities pursuant to the AGREEMENT and allocates capacity and shares of cost of the additional facilities in order to provide additional interceptor and treatment cepacity for the OAKLAND LOCAL UNIT; and WHEREAS it now is necessary for Oakland County and the OAKLAND LOCAL UNIT to approve and adopt revised exhieits B and B-3 to the CONTRACT; as submitted herewith; which contain changes consistent with the AMENDMENT; and WHEREAS the OAKLAND LOCA, UNIT has approved and adopted said revised exhibits. NOW 'n HEREFURE BE :7 RESOLVED by the Board of Commissioners of Oakland County; Michigan; as follows; 1. The board of Commissioners does hereby appreve and adept the AMENDMENT; in substantially tee form submitted herewith; and Exhibit B (Third Revised) and Exhibit 8-3 (Revised); each dated May Z3; 1990, to the CONTRACT. 2. The AGREEMENT is hereby so amended and the Oakland County Drain Commissioner as County Agency is hereby auteorized ane directed to eeecute the AMENDMENT and take such steps as necessary in order to effectuate -tne AMENDRENT -and to endorse on Exhibit B (Third Revised) and Exhibit 8-3 (Revised) to the CONTRACT, as attached to this resolution; on behalf of the County of Oakland; that the same have been approved and edepted. -Mr. Chairperson, on behalf of the Planning and euilding Committee; I move the adoption of the foregoine resolution. AYES: Oaks, Olsen; Papageorge, Pernice; Price; Rewele, Searritt; half, Aaron; Bishop, Caddell; Calandro; Chester, Crake, Gosling; Huntoon, Jensen; Johnsen, R. Kuhn; Law; Luxon; McConnell; Moffitt. (Z3) NAYS: None. (0) A sufficient majority having voted therefor; the resolution was adopted. Misc. 90149 By Planning and Building Coanittee IN RE: Drain Commissioner - WEST BLOOMFIELD WATER SUPPee SYSTEM SECTION XIII - RESOLUTION TO ESTA3LISH SYSTEM AND APPROVE CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: eHeREAS the County of Oland (the 'County") heretofore has established the West Bloomfield Water Supply System (the "System") pursuant to the provisions of Act Na. 185; Public Acts of Michigan; 1957; as amended, and has acquired and constructec several sections of the System pursuant to contracts between the County and the Charter Township of West Bloomfield (the 'Township"); and WHEREAS it is no necessary to improve; enlarge and extend the System by-the acquisition and construction of the hereinafter described West Bloomfield Water Supely System Section XIII; and WHEREAS by the terms of Act 342; public Acts of Michigan; 1939, as amended ("Act 342'), tne County and the Township are authorized to enter into a contract for the acquisition; construction and financing of the West eloomfield Water Supply System Section XIII consisting of water supply facilities to serve the Township and for the payment cf the, cost thereof by the Township; with interest; and the County is then authorized to issue its bonds to provide the funds necessary therefor; and WHEREAS there has been submitted to this Board of Commissioners i% proposed contract between the County; by and through the County Drain Commissioner, County Agency; party of the first part, and the Township; party of the second part (the "Contract"), which Contract provides for the acquisition, construction and finaneing of the West Bloomfield Water Sepply System Section XIII; and which contract is eereinafter set forth in full; and WHEREAS there also eave been submitted for approval and adoption by this Board of Commissioners; preliminary plans; specifications and estimates of the cost and period of usefulness of the West Bloomfield Water Supply System Section XIII. THEREFORE BE IT RESOLVED BY THE HARD OF COMMISS10eERS OF CAKLAND COUNTY; MICHIGAN; as follows: PLANNING AND BUILDIAG COMMITTEE Larry P. Greece; Cheirperson Copy of Exhibits and Third Amendment Agreement on file in County Clerk's Office. Moved by Crake supported by Celandro the resolutior be adopted. 192 Commissioners Minutes Continued. June 29; 1990 1, ESTABLISHMENT OF SYSTEM ANe DESIGNATION OF COUNTY AGENCY. This Board of Commissiopers by majority vote of-its members-elect hereby authorizes and directs that there be established; and there hereby is established, under and pursuant to Act 342; a system of water supply facilities to be known as the "West Bloomfield Water Supply System Section XIII;" which shall consist of water supply facilities to serve the Township as specified and to be located as shown in Exhibit A to the 'Contract; that the Oakland County Drain Commissioner is designated and appointed as the "County Agency" for the West Bloomfield Water Supply System Section XIII: that the County Agency shall have all the powers and'duties with respect to the West Bloomfield Water Supply System Section XIII as are provided by law and especially cry Act 342; and that all obligations incurred by the County Agency with respect to the Vest Blcomfield Water Supply System Section XIII; unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the Township in accordance with the Contract. 2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The Preliminary plans and tor the West Bloonitield Water -Supply System Section XIII anc the estimates of $680;000 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners; be and the same are approved anC adopted. 3. APPROVAL OF CONTRACT. The West Bloomfield Water SupPly System Section XIII Contract dated as of August 1; 1990 between tne Coenty; by and through the County Drain Commissioner; County Agency; party of the first part, and the Township; party of tne second part, which Contract has been submitted to this Board of Commissioners; be and the same is approved and adopted, and the County Drain Commissioner is authorized and directed to -execute and deliver the same for and OR behalf of the county; in as many counterparts as may be deemed advisable; after the Contract has been executed by the appropriate officials of the Townhip. The Contract reaes as follows: WEST BLDOMFIELD WATER SUPPLY SYSTEM SECTION XIII CONTRACT THIS CONTRACT, made and entered into as of the first day of August; 1990 and between the COUNTY OF OAKLAND; a county corporation in the State of Michigan hereinafter -sometimes referred to as the "County"); by and through its Drain Commissioner; County Agency; party of the first part, and the CHARTER TOWNSHIP OF WEST BLOOMFIELD; a charter township located in the County (hereinafter sometimes referred to as the "Township"), party of the second part. • wITNESSETh: WHEREAS tne County has established the West Bloomfield Water Supple , System (the "System") -pursuant to the provisions of Act No. 185, Puelic Acts of Michigan; 1957; as amended; and has constructed and acquired several sections of the System pursuant to contracts between the County anC the Township; and WHEREAS it is now necessary to improve; enlarge and extend the System by tbe acquisition and construction of the hereinafter described water supply facilities; and WHEREAS pursuant to Act No. 342; Public Acts of Miceiean; 1939; as amended (hereinafter sometimes referred to as "Act 342"); the County is authorized, through the Oakland County Drain Commissioner as County Agency, to improve; enlarge and extend tne System by the acquisition and construction of the water supply facilities hereinafter described as constituting the West Bloomfield Water Supply System Section XIII.; the County anc the Township are authorized to enter into a contract; as hereinafter provided; for the acquisieion and construction of the water supply facilities by the County and for financing all or part of the cost thereof by the issuance of bonds by the County secured by the pledge of the full faith and credit of the Township to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years and the County is authorized to issue such bonds and; if autnorized by majority vote of the member elect of its Board of Commissioners; to pledge its full faith and credit for the payment of the principal of and interest on the bonds; and WHEREAS there is an urgent need for such water supply facilities to provide the means of supplying water to the residents of the Township; and thus to promote the health and welfare of sun residents, which facilities would likewise benefit the County anc its residents; and the parties hereto have concluded that tile facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342; and especially Sections 5a; 5b and 5c thereof; and . WHEREAS preliminary plans for the water supply facilities and also estimates of the cost and the period of usefulness thereof have been prepared by Hubbell; Roth & Clark; Inc. (hereinafter sometimes referred to as the consulting engineers); and have been suomiteed to and approved by the Board of Commissioners of the County and the Board of the Township and placed on file in tee office. of tee County Agency; said estimates being set forth ir. Exhibit e hereunto attached; and WHEREAS in order to provide for the acquisition and construction of the water supply facilities by the County and the financing of the cost thereof by the issuance of County bonds, and for other related matters it is necessary for the parties hereto to enter into this contract. THEREFORE; IN CONSIDERATION OF TeE PREMISES AND THE COVENANTS OF EACH OTHER; THE PARTIES HERETO AGREE AS FOLLOWS: 1. The parties hereto hereby approve and agree to tne establishment; acquisition; construction and financing of the West Bloumfield Water Supply System Section XIII (hereinafter sometimes referred to as the "Project') as herein provided; under and pursuant to Act 342. The Township by way of compliance with Section 29, Article VII, Michigan Constitution of 1963, consents and agrees to the establishment and location of the Project within its corporate boundaries and to the use by the County of its streets; highways, alleys; lands; rights-of-way or other public places for the purpose and facilities of the Project and any improvements; enlargements and extensions Commissiouers Minutes Continued. June 28, 1990 193 thereof; and the -Township further agrees that; in order to evidence and effectuate the foregoing agreement and consent; it will execute and deliver to the County such grants of easement, right-of-way; licensee permit or consent as-may be requested by the County.• • • • 2. The Project shall coesist of the water suaply facilities shown on Exhibit A which is hereunto attached and which is hereby made a part hereof; and as are more particularly set forth in the preliminary plans which have been prepared and submitted by the consulting engineers, which' plans are on file with the County Agency and are approved and adopted. The Project shell be acquired and constructed substantially in accordance with the preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the consulting engineers but • ' variations therefrom which do nee materially cnange the location, capacity or overall design of the Project, and which do not require an increase in the total estimated cost of tne Project, may be permitted en the autherity of the county Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the Township Board and if provisions required by paragraph 8 hereof are made for Payment or financing of any resulting increase in the total estimated cost. The estimate of cost of the Project and the estimate of the period of usefulness thereof as set forth in Exhibit 3 are approved and adopted. 3. The County Agency shall take or cause to be taken all actions required or necessary, in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more series, in whatever aggregate principal amount is necessary to be so financed to defray that part of the total cost of the Project which is in excess of funds available from other sources. The Doilies shall be issued in anticipation of, and Pe payable priwarily from. the payments to be made by the Township to the County as provided in this contract ane shall be secured secondarily, if so voted by the Board of Commissioners of the county, by the pledge of the full faith and credit of the County. The bonds shall be payable in annual maturities the last of which shall be not more than forty years from the date thereof. 4. The County Agency shall proceed to take construction bids for the Project and, subject to the sale and delivery of bonds, enter into construction contracts with the lowest responsive and responsible bidder or bidders, procure from the contractors all necessary and proper bonds and insurance, cause the Project to be constructed within a reasonable time and do all other things required by this contract and the laws of the State of Michigan anc the United States of America. All certificates for recuired payments to contractors shall be approved by the consulting engineers before presentation to the County Agency and the latter shall be entitled to reply on such approval In making payment. The County hereby agrees that it will secure and maintain, or cause to be secured and maintained, during the period of coestruction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies and memorandums of insurance shall provide that the County and the Township shall be insured parties thereunder and shall contain a provision requiring that the Township be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance snail be filed with the Township. 5. It is understood and agreed by the parties hereto that the Project is to serve the Township and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the Township. The responsibility for requiring connection to and use of the Project and providing such additional facilities as may be needed shall be that of the Township which shall cause to be constructed and maintained, directly or through the County, any such necessary additional facilities. The County shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof, 6. The Township shall pay to the County the total cost of the Project (less such funds as may become available from other sources), which total cost for this purpose shall include, in addition to the items of tee nature set forth in Exhiblt B (represented by the principal amount of the bawls to be issued by the County plus such flints as may beeome available from other sources), all interest payable by the County on the bonds and all paying agent fees and other expenses and charges (including the County Agency's administrative expellees) which are payable on account of the bonds (such fees., expenses and charges being herein called "bond service charges"). Payments shall be made to the County in annual installments which shall be clue and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal maturity date thereof. An annual installment shall be paid in each year that any principal and/or non-capitalized interest on the bonds falls due during the twelve-month period beginning on the principal maturity date in said year, and the amount of each installment so due and payable shall be at least sufficient to pay all such principal and/or interest thus falling due and all bond service charges then due and payable. The County Agency, within thirty days after delivery of the County bonds to the purchaser, shall furnisn the Township Treasurer with a complete schedule of the principal and interest maturities thereon, and the County Agency also, at least thirty days before each payment is due to be made by the Township, shall advise the Township Treasurer of the amount payable to the county on sucn date. If the Township fails to make any payment to the County when due, the same shall be subject to a penalty of 1% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the Cour.ty Agency to furnish the schedule or give the notice as above required shall not excuse the Township from the obligation to make payeent when due. Payments shall be seaee by the Township when due whetner or not the Project has been then completed or placed in operation. In the event that additional County bonds shall be issued under the authority of this contract to defray a part of the cost of the Project, the foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. 7. The Township may pay in advance any amount payable to the County pursuant to this contract and in that event shall be credited therefor on future-due amounts as may be agreeci by the 194 Commissioners Minutes Continue. June 28, 1990 parties hereto. The Township also may pay in advance any one or more installments or any part thereof (a) by surrendering to the County eonds of like principaT amount or (b) by paying to the County in cash the principal amount of any bonds which are subject to redemption prior to maturity, plus all interest thereon to the first Gate upon which the bonds may be called for redemption and plus all applicable call premiums and bond service charges, and in such event the County Agency 'ehall call said bonds for redemption at the earliest possible date. The installments or parts thereof so prepaid shall be deemed to be the installments or parts tnereof falling due in the same calendar year as the maturity dates of the bonds surrendered or called for redemption and bonds so surrendered or redeemed shall be cancellee. B. In the event that it shall become necessary to increase the estimated cost of the Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated cost, whether as tne result of variations or changes permitted to be made in the approved plans or otherwise; then (without execution of any further contract or amendment of this contract) the Township Board, by resolution adopted within fifteen days after the receipt of construction bids, may direct that a portion of the Project be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cost as hereinbefore stated ey more than 5%, provided that such deletion shall not materially change the general scope, overall design and purpose of the Project, or in the absence of the adoption of such a resolution the Township shall pay or procure the payment of the increase or excess in cash, or County bonds in an increased or additional amount shall (upon adoption of an authorizing resolution therefor by the Board of Commissioners) be issued to defray such increased or excess cost, to the extent that funds therefor are not available from other sources: Provided, however, that ro such increase or exeess shall be approved and no such increased or additional County bonds shall be authorized to be issued, nor shall the County enter into any contract for acquisition or construction of the Project or any part thereof or incur any obligation for or pay any item of cost therefor, where the effect thereof would be to cause the total cost of the Project to exceed By more than 5% its total estimated cost as hereinbefore stated, unless the Township Board previously shall have adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be paid or its payment procured by the Township in cash or be defrayed by the issuance of increased or additional County bonds in anticipation of increased or additional payments agreed to be made by the Township to the County in the manner hereinbefore provided: Provided, further, that the adoption of such resolution by the Township Board shall not be required prior to or as a .condition precedent to the issuance of additional bonds by the County if the County previously has Issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of the additional bonds is necessary (as determined by the County) to pay such increased, additional or excess costs as are essential to completion of the Project according to the plans as last approved prior to the time when the previous bonds were issued or contracted to be sold. 9. If the actual cost of the Project is less than the total estimated cost, any surplus available to the County from the sale of County bonds, at the option of the Township Board, shall be used to improve, enlarge or extend the System, to apply upon future payments due to the County, to redeem bonds or to purchase bonds on the open market, provided that such surplus shall be used to improve; enlarge or extend the _System only if authorized by the Board of Commissioners. Any such surplus, if used to improve, enlarge or extend the System, may be supplemented by cash payments to be made by the Township, or improvements, enlargements or extensions may be financed entirely from such cash payments if authorized by the Township Board. If the surplus is used to redeem or purchase bonds, the bonds shall be cancelled, and the payments thereafter required to be made by the Township to the County snall be reduced so as to reflect the resulting saving of interest and the payment required to be made in the calendar year of the stated weturity of the bonds shall be reduced by the principal amount thereof. 10. Should the Township fail for any reason to pay the County at the times specified the amounts herein required to Be paid, the Township. bereby authorizes the State Treasurer or other official charged with the disbursement of unrestricted state funds returnable to the Township pursuant to the Michigan constitution to witnhold sufficient funds to matt up any default or deficiency in the amounts paid. If tee full faith and credit of the County is pledged for the prompt payment of the principal of and interest on the bonds to be issued By the County and if the County is required to advance any money by reason of such pledge on account of the delinquency of the Township, the County Treasurer is authorized to notify the State Treasurer to .deduct the amount of money so advanced by the County from any unrestricted moneys in the State Treasurer's possession belonging to the Township and to pay such ampunt to the County. The foregoing seall not operate to limit the County's right to pursue any other legal remedies for the reimbursement of moneys advanced on account of the default of the Township. 11. The Township, pursuant to the authorization of Section 5a of Act No. 342, pledges its full faith and credit for the prompt and timely payment of its obligations expressed in this contract and each year shall levy a tax in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under this contract becoming due before the time of the following year's tax collections: Provided, however, that if at the time of making its annual tax levy, the Township shall have on hand in Cash other funds (including but not limited to funds from special assessments, user charges or connection fees) which have been set aside and pledged or are otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection, then the annual tax levy may 195 Commissioners Minutes Continued. June 28, 1990 be reduced by such amount: and Provided further; however, that any taxes levied by the Township shall be subject to applicable constitutional, statutory anc charter tax rate limitations. The Township Board each year, at least 50 days prior to the final date provided by law for the making of the annual Township tax levy, shall submit to the County Agency a written statement setting forth the amount of its obligations to the County which become due and payable under this contract prior to the time of the next following:year's tax collections, the amount of the funds white the Township has or will have on hand or to its credit in the hands of the County which have been set aside and pledged for payment of said oblieations to the County and the amount of tee Township taxes next proposed to be levied for the purpose of raising money to meet such obligation, The County Agency shall review such statement promptly and; if he finds tnat the proposed Township tax levy is insufficient; he shall so notify the Township Board, and tneTownsbip hereby covenants and agrees that it will teereupon increase its levy to such extent as nay be reeuired by the County Agency. 12, No change in the juriseiction over any territory in the Township shell in any manner impair the obligations of this contract or affect the obligations of the Township hereunder. In the event that all or any part of the territory of the Township is incorporated as a new city or is annexed to or becomes a part of the territory of another municipality, the municipality into which such territory is incorporated or to which such territory is annexed shall assume the proper proportionate share of the contractual obligations (including the pledge of full faith and credit) of the Township, which proper proportionate share shall be .flxed and determined by the County Agency and shall be binding upon all parties concerned unless, within sixty (60) days after such incorporation or annexation becomes effective; the governing body of the municipality into which such territory is incorporated or to which such territory is annexed and the Township Board by mutual agreement and with the written approval of the County Agency shall fix and determine such proper proportionate share. The County Agency, prior to making such determination, shall receive a written recommendation as to the proper proportionate snare from a .committee composed of one representative designated by the Townslip Board of the Township; one designated by the governing body of the new municipality or the municipality annexing such territory and one independent registered engineer appointed by the County Agency. Each governmental unit shall appoint its representative within fifteen (15) days after being notified to co so by the County Agency and within a like time the County Agency shall appoint the engineer third member. If any such representative (other than the appointee of the County Agency) is not appointed within the time above provided, the County Agency may proceed without said recemmentation. If the committee shall not make the recommendation within forty-five (45) days after its appointment or within any extension thereof by the County Agency, the County Agency may proceed witnout such recommendation. 13. This contract is contingent upon the County issuing its negotiable bonds, as herein provided, to defray such part of tne total estimated cest of the Project as is necessary to be financed; which Weds shall be issued under the authorization provided in Section Sa; 5b and 5c of Act 342. Interest on the bonds may be capitalized and paid frail the bond proceeds for a period not exceeding the estimated construction period and one year thereafter. In the event that the bonds are not issued within tnree years from the date of this contract, unless extended by mutual agreement, this contract shall beeome null and void, except that the Township shall pay all engineering, legal and other ccsts and expenses theretofore incurred and shall be entitled to all plans, specifications and other engineering data and materials. 14. Upon completion of the Project it shall be used by the Township as part of the System in accordance with the provisions of the West Bloomfield Water Supply System Contract dated December 1, 1970 between the Township and the County. 15. The County shall have no obligation or responsibility for providing eater or water supply facilities except as herein expressly provided with respect to tne acquisition of the Project or as oteerwise provided by contract.- The Township shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the System by constructing or extending water mains and trunks or related facilities, connecting the same to the System and otherwise improving the System. 16. Al) powers, duties and functions vested by this contract in the County shall be exercised arid performed by the County Agency, for and on behalf of the County, unless otherwise provided by law or in this contract. 17. The parties hereto recognize that the holders from time to time of the bonds to be issued by the County under the provisions of Act 342; and secured by. time.. fullfaith and credit pledge of the Township to the Taking of its payments as set forth in this contract, will have contractual rights in this contract, and it is therefore covenanted and agreed that so long as any of the bonds shall remain outstanding and unpaid; the provisions of this contract shall not be subject to any alteration or revision which would affect adversely ,. either the security of the bonds or the prompt payment of principal or interest thereon. The right to make changes in tnis contract, by amendment, supplemental contracts or otherwise, nevertheless is reserved insofar as the same do not have such adverse effect. The parties hereto furtner covenant and agree that they each will comply with their respective duties and obligations under the terms of this contract promptly, at the times and in the manner herein set forth and will not suffer to be dune any act which would in any way impair the contract of said bonds; the security therefor, or the prompt payment of principal and interest thereon. It is hereby declared that the terms of this contract and of any amendatory or supplemental contract and any contract entered into pursuant hereto, insofar as they pertain to said bonds or to the payment or the security thereof; shall be deemed to be for the benefit•of the holders of the bends. 196 Commissioners Minutes Continued. June 28; 1990 18. In the event that any one or more of the provisions of this contract for any reason shall be held to be invalid, illegal or ionenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions nereof; but this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 19. This contract sha".1 become effective upon its execution by each party hereto and the oexpiration of 45 days after the Oate of publication of the notice required by Section 5b of Act 342: Provided, however, that if, within the I5-day perioc,-a proper petition is filed with the Township Clerk of the Township in accorCance with the provisions of said Section 5b of Act 342 then this contract shall not become effective until approved by the vote of a majority of the electors of the Township qualified to vote and voting thereon at a general or special election. This contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed: Provided, however, that it shall not De terminated at any time prior to the payment in full of the principal of and interest on the County bonds together witn all oond service charges pertaining to the bonds. This contract may be executed in several counterparts. The provisions of this contract shall inure to the benefit of and. be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused tnis contract to be executed and delivered by the undersigned, being duly authorized by the respective governing bodies of such parties, all as of the day and year first above written. CHARTER TOWNSHIP OF WEST BLOOKFIZLD COIATY OF OAKLAND By:________ By: By: Lierk County Drain Commissioner (County Agency) Mr. Chairperson; on behalf of the Planning and Building Committee; I move adoption of the foregoing Resolution. ; Moved by Crake supported by Law the resolution be adopted. AYES: Olsen; Pappageorge; Pernick; Price; Rewold, Skarritt; Wolf; Aaron; Bishop, Caddell, :,Calandro, Chester, Crake, Gosling, huntoon; Jensen; Johnson, R. Kuhn; Law, Luxon; McConnell, -McPherson, Moffitt. (23) NAYS: None. (0) A sufficient majority having voted therefor; the resolution was adopted. Report (Misc. 90150) By Personnel Committee IN RE: Central Services/Administration/Record Retention Unit - CREATION OF ONE (1) GOVERNMENTAL CLERK 1 POSITION To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referencee resolution, reports with the recommendation that the resolution be adopteC. Mr. Chairperson, on behalf of the Personnel Committee; I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Misc. 90150 By Planning and Building Committee • IN RE: Central Services/Administration/Record Retention Unit - CRLAT:ON OF ONE (1) GOVERNMENTAL CLERK I POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS there has been a substantial increase in Record Retention's workload since it last received a position in 1986; arid WHEREAS Record Retention is ROW preparing records for microfilming' requiring one of the unit's staff to work predominantly in this capacity; and - WHEREAS the unit is implementing a new open filing system for Circuit Court records which initially increases the amount of time required to load files on shelving; and WHEREAS Record Retention is unaOle to continue preparing all non-court related records for moving to another location because of the unit's increased workload; and WHEREAS the Clerk's Office supports Record Retention's request for an additional position so that additional records can be received by Record Retention and to ensure timely access to court files; and WHEREAS it is anticipated that the addition of one clerical position will reduce overtime HOW THEREFORE BE IT RESOLVED that one (1) governmental Clerk I position be established in PLANNING AND BUI_DING COMMITTEE Larry P. Crake, Chairperson costs: costs: 197 Commissioners Minutes Contiosed. dune 28, 1990 Central Services/Administration/Record Retention unit. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. • The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90151 By Planning and Building Committee IN RE: Department of Solid Waste Management - OAKLAND COUNTY'S SOLI3 WASTE SYSTEM INTERGOVERNMENTAL AGREEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Oakland County's Solid Waste System is being established on oehalf of the County's municipalities for the purpose of acquiring and providing processing and disposal facilities and for the purpose of providing services for the processing and disposal of certain solid wastes and recyclables: anC WHEREAS the County intends to finance all or a part of the eapital cost of the facilities through the issuance of bonds pursuant to Act 186 or other pertinent statutes; and WHEREAS because the system must rely on revenues from the disposal of solid waste and the sale of energy and recycled materials to be economically feasible, an adequate supply of solid waste and recyclable materials must be guaranteed to be input into toe system; and WHEREAS staff and the County's legal and financial counsels have a proposed Intergovernmental Agreement specifyino the contraztual obligations between the County and its constituent municipalities and have reviewed the proposed agreement on various occasions with the representatives and legal counsels of the respective muoicipalities (September 8;1989, November 1; 1989; November 29; 1989; February 15. 1990 and May 23; 1990); incorporating changes appropriate to insure the basic concepts of the system; and ' WHEREAS the Board of Commissioners previously approved the basic system concept and the Intergovernmental Agreement through Miscellaneous Resolution *89347. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the intergovernmental Agreement in substantially the form attacned hereto (draft dated June 12; 1990). and authorizes the County Executive and the Chairman of the Board of Commissioners to release this document for approval by the County's municipalities; and BE IT FURTHER RESOLVED that the County Executive and the Chairman of the Board of Commissioners are hereby authorized to sign the Intergovernmental Agreement in substantially the form approved after approval by eacn participating municipality. Mr. Chairperson, on behalf of the Planning and Building Committee, 1 move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake; Chairperson Copy of "Intergovernmental Agreement for Solid Waste Processing and Disposaal Services" on file in County Clerk's Office. Moved by Crake supported by McConnell.the resolution be adopted. AYES: Pappageorge; Pernick; Price; Rewold, Skarritt; Wolf, Aaron, Bishop; Caddell, Chester, Crake, Gosling; Hontoon, Jensen; Johnson, R. Kuhn, Law, McConnell, McCulloch o Moffitt,Oakso Olsen. t22) NAYS: none. (0) A sufficient majority having voted tnerefor; the resolution was adopted. Misc. 90136 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section - LEASF. AGREEMENT WITH THE OAKLAND COUNTY ROAD COMMISSION FOR OAKLAND COUNTY TREASURER OFFIOE SPACE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, by Resolution 85141 dated June 5, 1585, renewed a Lease for approximately 350 square feet of office space at the Oakland County Road Commission building, 31001 Lahser Road, Beverly Hills, Michigan for the Oakland County Treasurer, for a term of five (5) years, commeocing on the first day of May, 1985; and terminating on the 30th day of April, 1990; and WHEREAS the Oakland County Treasurer desires to continue to provide a satellite office and supports the rental of said office space as being in the best interests of the public: and WHEREAS the Road Commission has submitted the attached Lease Agreement for the period of May 1, 1990 through April 30, 1995, whiCh provides for the payment of $2,800 per year to defray the PLANNING AND BUILDING COMMITTEE Larry Crake; Chairperson 1990 $ 2,800 (2;800) $ -0- 1991 $ 2,803 (2,80C) -0- 198 Commissioners Minutes Continued. aine 28; 1990 costs of maintenance; custodial services and utilities. NOW THEREFORE BE IT RESOLVED that the Oakland County Boarc of Comnissioners approves the • Lease Agreement between the Oakland County Road Commission and the County of Oakland for 427 square feet of office space for the Oakland County. Treasurer for a term of five (5) years, commencing May 1, 1990, and ending April 30; 1995, at the sum of $2;800 per year. • BE IT FURTHER RESOLVED that the Board directs its Cnairperson to execute the Lease Agreement, a copy of which is attached hereto, Mr. Chairperson, on behalf of the Planring and Buildiny Committee, I move the adoption of the foregoing resolution, Fiscal Note (Misc. 90136) By Finance Committee IN RE: Corporation Counsel - Real Estate Section - LEASE AGREEMENT WITH THE OAKLAND COUNTY ROAD COMMISSION FOR OAKLAND COUNTY TREASURER OFFICE SPACE To the Oakland County Board of Commissioners Pr. Chairperson Ladies and Gentlemen: • Pursuant to Rule XI-G the Finance Committee has reviewed Miscellaneous Resolution #90136 and finds: 1) The recent lease agreement with the Road Commission for the Treasurer's satellite office space expired on April 30; 1990. 2) The new lease agreement is for a five-year period from May 1, 1990, through April 30; 1995. 3) The square footage has increased from 350 square feet to 427 square feet. 4) Payment for the old lease was one dollar per year; the new lease includes reimbursement to tne Road Commission for maintenance, utilities; and custodial costs estimated to be $2,800 per year. 5) Tne resolution should Pe amended in the third WHEREAS and the NOW THEREFORE BE IT RESOLVED paragraphs to insert the words an estimated' before the "$2;800" amount. • 5) The 1990/1991 budget is ameneed as follows; 4-10100-221-01-00-3558 Treasurer - Rent 4-10100-909-01-00-9900 Cortingency FINANCE COMMITTEE G. William Cadeell, Chairperson Moved by Crake supported by Moffitt the resolution be adopted. AYES: Pernick, Rewold, Skarritt; Wolf; Aaron, Bishop, Caddell, Calandro, Chester, Crake, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, Law, Mcailloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge. (22) NAYS: None. (0) A sufficient majority having votee tnerefor, tne resolution was adopted. Misc. 90134 By Planning and Building Committee IN RE: Building Safety/and Water and Sewer Operations - INTERFACE WITH EXISTING ALARM AND CARD ACCESS SECURITY SYSTEMS To the Okland County Board of Commissioners Mr. Chairperson, LaCies and Gentlemen: WHEREAS the Building Safety Division s responsible for 864 alarms located throughout the County; and WHEREAS there are many different typeseof alarms including intrusion alarms, fire alarms, trouble alarms, panic-button alarms, and equipment alarms; and WHEREAS current response procedures to the various alarms require a manual process of locating the appropriate written•procedUre and then contacting key people; and . WHEREAS a personal computer would, interface directly with the alarms to automatically respond by interpreting the signal; locating the procedure within the memory of the computer, dialing the necessary telephone numbers; and maintaining a record of the response steps; and WHEREAS this enhancement would allow the addition of numerous fire alarms throughout the County Complex that currently are not notifying Building Safety and are serving as internal audible alarms only; and WHEREAS this system would interface also with the existing card access security system; and WHEREAS an additional personal computer would interface with 250 water and sewer alarms to PLANNING AND 3UILDIN:3 CCMMITTEE Larry P. Crake, Chairperson Copy of Lease Agreement on file in County clerk's Office. Budgeted Departments S 798 Special Revenues & Proprietary 798 Operating Transfer in - Gen. Fund 4,971 Operating Transfer in - Water & Sewer 4,225 Subtotal IG,792 Depreciation $ 1,596 Revenue Over (Jrider) Expense Subtotal Total i 5,196 $10,792 FINANCE COMMITTU G. William Caddell; 139 Commissioners Minutes Continued. June 2E, 1990 monitor Water and Sewer Operations in the same manner and allow for immediate dispatch response; and WHEREAS each of the two personal computers will serve as a backup system to one another to prevent interruption; and WHEREAS total capital costs are estimated at $9,196 wit t Water and Sewer Operations funding 54,225 for hardware.and software and the remaining $4,971 wi;1 come from the General Fund; and WHEREAS this enhancement has been approved by the Computer Users Advisory Council. NOW THEREFORE BE IT RESOLVED that the Oakland County 3oard of Commissioners authorizes the implementation of the automated alarm response system as approved by the Computer Users Advisory Council. Mr. Chairperson; on behalf of the Planning and Building Committee, I move the adoption et the foregoing resolution. Fiscal Note (Misc. 90134) By Finance Committee IN RE: Building Safety/Water and Sewer Operations - INTERFACE WITH EXISTING ALARM AND CARD ACCESS SECURITY SYSTEMS To the Oakland County Board of Commissioners Mr. Chairperson. Ladies and Gentlemer: Pursuant- to 'Rule 'XI'-G; the Finance Committee has reviewed Miscellaneous Resolution #90134 and finds: 1) Total capital costs are estimated at $9,196 with Water and Sewer Operations funding $4,225 and the balance of $4,971 comins from tne General Fund. 2) Annual operating costs total $3;192 with the General Fund and Water and Sewer Operations each paying half or $1,556. For the remainder of the year, total operating costs are $1,596 or $798 each, . 3) Funds for capital and operating costs are available within Water and Sewer Operations' current budget; an operating transfer out of $4,225 is required from Water and Sewer Operations to Computer Services for acquisition of equipment. 4) The 199011991 Biennial BuCget is amended as follows for the General Fund and Computer Services Fund: PLANNING AND BUILDING COMMITTEE Larry P. Crake; Chairperson General Fund - Building Safety 1990 Expenditures 4-10100-132-01-00-6360 Computer Services Operations $ 798 4-1010D-132-01 -00-8615 Operating Transfer Out 4,971 Subtotal S 5,769 4-10100-909-01-00-9900 Contingency $(5,769) S -0- Computer Services Fund Revenues 3-636a-181-01-0D-2037 3-63600-181 -01-00-2355 3-62600-181-01-00 -8101 2-63600-181 -01-00-B833 Eipendi tures 4-63600-1 84-01 -00-3304 1-65600-455-001 1991 $ 1,696 -0- 1 ,556 $(1;596) -0- $ 1,696 1;596 -0- -0- $ 3,192 $ 3,192 $ -0- T-770-7- Chairperson Moved by Caddell supported by Pappageor-ae the resolution be adopted. AYES: Rewold; Skarritt; Wolf; Aaron; Bishop; Caddefl; Chester; Crake, Gosling; Huntoon, Jensen; Johnson; R. Kuhn; Law, McConnell, McCulloah, MaPherson; Moffitt, Oaks, Olsen, Pappaaeorge, Pernick. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 200 Commiesioners Minutes Continued. June 28, 1990 Misc. 90152 By Planning and Building Committee IN RE: DRAIN COMMISSIONER - RESOLUTION TO APPROE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS POLLUTION CONTROL FACILITIES --SEGMENT II-ARM C AND SSES REHABILITATION IMPROVEMENTS CONTRACT To the Oakland County Board of Commissioners ,.-. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") has heretofore established and construeted and acquired the Evergreen Sewage Disposal System pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10; 1958; as amended, to serve the Evergreen Sewage Disposal District; and the County has heretofore established and constructed and acquired the Farmington Sewage eieposal System pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, 1957; as amended to serve the Farmington Sewage Disposal District; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by the Evergreen Sewage Disposal System and the Farmington Sewage Disposal System as a single plan of study area for the purposes of Step I Facilities Planning; and WHEREAS the County established under and pursuant to Act No. 342; Public Acts of Michigan; 1939, as amended ("Act 342 w ), a system of sewage disposal improvements and services to serve the Evergreen Sewage Disposal District and the Farmington Sewage Disposal District, which system as so established was designated as the "Evergreen and Farmington Sewage Disposal Systems' and the Oakland County Drain Commissioner was designated and appointee as the 'county agency" for the Evergreen and Farmington Sewage Disposal Systems with all the powers and duties with respect to said system as are provided by law and especially by Act 342; and WHEREAS it is now necessary to improve, enlarge and extend the Evergreen and Farmington Sewage Disposal Systems by the acquisition and construction of the hereinafter described Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment II - Arm C and SSES Rehabilitation Improvements Contract which facilities and fmprovements are located in and/or serve the Cities of Bloomfield Hills and Keego Harbor, the Village of Bingham Farms and the Township of Bloomfield (nerein collectively the °Munizipalities'); and WHEREAS by the terms of Act 342, the County and the Municipalities are authorized to enter into a contract for the acquisition, construction and financing of the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment II - Arm e amid SSES Rehabilitation Improvements consisting of sewage disposal and pollution control facilities to serve the Municipalities and for the payment of the cost tnereof by the Municipalities with interest; and the County is then authorized to issue its bonds to provide the funds necessary therefore; and WHEREAS there has been submitted to this board of Commissioners a proposed contract between the County; by and through the County Drain Commissioner, County Agency, party of the first part; and the Municipalities, parties of the second part (the "Contract"), ohich Contract provides for the acquisition, construction and financing of enlargements; additions and improvements to the Evergreen and Farmingtoe Sewage Disposal Systems as described in Exhibit A to the Contract (the 'Project'), and which Contract is hereinafter set for forth in full; and WHEREAS there have also been submitted for approval and adoption by this Beard of Commissioners, preliminary plans; specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS the Contract provides for the issuance hereafter of bonds by the County to defray that part of the cost of the Project not paid from the proceeds of grants or cash payments by the Municipalities; said bones to be secured by the contractual obligations of the Municipalities to pay to the County amounts sufficient to pay the principal of and interest on the hereafter authorized bonds and to pay such paying agent fees and other expenses as may ee incurred on account of said bonds; and WHEREAS the Village of Bingham Farms requests payment of its share of the zost of the Project by transfer of surplus moneys now held for its benefit by the County; ano WHEREAS this Board of Commissioners desires to proceed with the establishment,of this Project and the approval and execution of tne Contract to acquire, construct and finance the Project as provided in the Contract. THEREFORE BE IT RESOLVED BY THE BOARD-OF COKMISSIONERS 07 OAKLAND COUNTY, MICHIGAN, as follows: 1. ESTABLISHMENT OF SYSTEM AND SESIGNATION 07 COUNTY AeLNCY. This Board of Commissioners by majority vote of its members-elect does hereby authorize and direct that there be established; and there is nereby established; under and pursuant to Act 342, sewage disposal facilities to be known as the "Evergreen and Farmington Sewage Disposal Systems pollution Control Facilities -- Segment II-Arm C and SSES Rehabilitation Improvement;" which shall consist of enlargements; additions and improvements to the Evergreen and Farmington Sewage Disposal Systems, as specified and to be located as shown in Exhibit A to the Contract; that the Project shall serve the Municipalities; that the Oakland County Drain Commissioner is hereby designated and appointee as the "County Agency' for the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment II-Arm C and SSES Rehabilitation Improvements; that the County Agency shall have all the powers and duties with respect to the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment II-Arm C and SSES eehabilitation improvements as are provided by law and especially by Act 342; ard that all obligations incurred by the County Agency with respect to the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment II-Arm C, and SKS Rehabilitation Improvements; unless otherwise authorized by this Board of Commissioners Minutes Continued. June 28, 1990 201 Commissioners, shall be payable solely from funds derived from the Municipalities as hereinafter provided. 2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF LSEFULNE5 5 Mr COSI. The preliminary plans and specifications for the Project and the estimates of $447;10U as the cost thereof and of 30 years and upwards as the period of usefulness thereof, and the trensfer of S11,090 of surplus funds held by the County en behalf of the Village of Bingham Farms in connection with the acquisition end construction of the Oekland Cotity Water Supply and Sewage Disposal System -- evergreen and Bingham Farms System Project as requested by said Village; all as submitted to this Board of Commissioners be aed tile same are hereby appruved and adopted. 3. APPROVAL OF CONTRACT. The Evergreen and Farmington Seweae Disposal Systems Pollution Control Facilities -- Segment il -Arm C and SSES Rehabilitation Imerevements Contract dated as of April 1; 1990, between the County; by and through the County Drain Commissioner, party of the first part, and the Municipalities; parties of the second part, which Contract has been submitted to this Board of Commissioners, be and the same is nereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the Contract has Deen executed by the appropriate officials of the Municipalities. The Contract reads as follows: EVERGREEN AND FARMINUON SEWAGE DISPOSAL SYSTEMS POLLUTION CONTROL FACILITIES -- SEGMENT II-ARM C AND SSES REHABILITATION THIS AGREEMENT made as of this 1st day of April; 1990; by and between the COUNTY OF OAKLAND, a Michigan county corporation - (hereinafter sometimes referreo to as the "County"), by and through its County Drain Commissioner (hereinafter referred to as the "County Agency"); party of the first part, and the VILLAEL. OF BINGKAM FARMS, and the CITY OF BLOOMFIELD HILLS; the CITY OF KEE60 HARBOR, and the TOWNSHIP OF BLOOMFIELD, municipal corporations in the County of Oakland (hereinafter sometimes collectively referred to as the "Municipalities" and individually as a "Municipality"); parties of the second part: WITNESSETH: WHEREAS the Oakland County Board of Supervisors by Resolution; Misc. No. 3269; adopted on August 12, 1957, as amended by ReaolGtion, Misc. No. 3435, adouted on October 13, 1558; did approve of establishment of the Evergreen Sewage Disposal System to serve the Evergreen Sewage Disposal District; and WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958; as amended by amendatory agreements dated December 22; 1958 and February 9, 1559; all between the County of Oakland and tne Cities of Birmingham, 9loomfield Hills, Lathrup Village; Troy and Southfield; the Village of Westwood (now tne Village of Beverly Hill) and the Townships of Bloomfield and Pontiac (now the City of Auburn Hills); municipal corporations in the County; the County; acting through its Department of Public Works; did acquire the original Evergreen System and did finance such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the Provisions of said agreements as amended (herein referred to as the "evergreen Agreement"); and WHEREAS the Oakland County Board of Supervisors by resolutions Misc. No. 3270; adopted August 12s 1957; as amended by resolution; Misc. No. 3339, adapted January 24; 1958, did approve the establishment of the Farmington Sewage Disposal System to serve the Farmington Sewage Disposal District; and WHEREAS pursuant to the Farmington Sewage Disposal System Agreement; dated November 1; 1957; as amended by amendatory agreements dated December 22, 1558, and February 9; 1959, all between the County and the Cities of Southfield anc Keego Harbor and the Townships of West Bloomfield and Farmington (new City of Farmington Hills); municipal corporations in the County; the County acting through its Department of Public Works, did acquire the originae Fareengton Sewage Disposal System and did finance such acquisition by the issuance of bonds in anticipation of payments to be wile by said municipal corporations to the County in accordance witn the provisions of said ,Agreement as amended (herein referred to as the 'Farmington Agreement"); and WHEREAS by annexation of part cf the former Township of Farmington the City of Farmington has become a user of the Farmington Sewage Disposal System and has area included in tile Farmington Sewage Disposal District; and WHEREAS by contractual relationships with members of the Farmington .Sewage Disposal System, the City of Sylvan Lake ard the City of Orchard Lake Village have become users of the Farmington Sewage Disposal System; and WHEREAS the State of Michigan Department of hatural Resources (herein the "MDNR") acting on behalf of itself and the United States Environmental Protection Agency (herein the "USE.PA1 designated the area and districts serveu by the Oakland County Evergreen and Farmington Sewage Disposal Systems as a single plan of study area for the purposes of Step I Facilities Planning and determined that there is a reed to obtain studies, reports, plans and estimates for the abatement of pollution, control of pollutants and polluting discharges; and the relief of both the Evergreen ano Farmington Sewage Disposal Systems and issued a Final Order of Abatement to the County and each municipal corporation using either System or either District; and WHEREAS the County established under and pursuant to Act No. 342s Public Acts of Michigan, 1939; as amended; merged systems of sewage disposal improvements and services to serve the areas and the districts heretofore designated and described in Oakland County; Michigan; in Resolutions No. 3269; 3435 and 4115 as the Evergreen. Sewage Disposal District and in Resolutions No. 3210 and 3339 202 Commissioners Minutes Continued. June 28, 1990 as the Farmington Sewage Disposal District, which merged system as so established was designated as the "Ever?reen and Farmington Sewage Disposal Systems" (hereinafter referred to as the "Systems") and the 'Evergreen and Farmington Sewage Disposal Districts" (hereinafter referred to as the "Dietricts") and the Oakland County Drain Commissioner was designated and appointed as the "County Agency" for the Systems as provided by law and especially by said Act 342; and WHEREAS the County and all of the municipal corporations described in the foregoing paragraphs as users of the Farmington System and the Evergreen System and as having area included in the Farmington District and in tne Evergreen District (herein the "Municipalities') have at the request and approval of the MOHR and the USLPe entered into an Intermunicipal Contract Concerning Wastewater Treatment and Pollution Control Projects for the Systems, dated as of September 30; 1989; (the "Intermunicipal Contract") in which the County and the Municipalities agree to acquire Facilities and to carry out Projects as described in said Intermunicipal Contract throughout the Systems in various parts of the District all in compliance with the Final Order of Abatement and Federal Grant requirements; and WHEREAS under and subject to the terms of Act 342, tee County is authorized; through the County Agency; to acquire and construct the sewage disposal improvements and pollution control facilities hereinafter described as part of the Systems, the Courty and the Municipalities are authorized to enter into a contract; as hereinafter provided; for the acquisition and construction of the improvements and facilities by the County and for financing all or part of the cost thereof by payment by one or more of the Muricipalities of its share of the ccst in cash or by the pledge of the full faith and credit of the Municipalities to pay such cost with interest to the County in installments extending over 'a period nut exceeding forty (40) years, in anticipation of which installment payments the County is authorized to issue its bonds and; if authorized by majority vote of the members-elect of its Board of Commissioners; to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS there is an urgent need for such sewage oisposal improvements and Pollution control facilities to comply witn the MDNR Final Order of Abatemeet and to provide the means of collecting and disoosing of sanitary sewage originating in the Municipalities; in order to abate pollution of the waters of the Municipalities and thus to promote the nealth and welfare of the residents thereof, which improvements and facilities arm% likewise benefit the County and its residents; and the parties hereto have concluded that such improvements and facilities can be most economically and efficiently provided and financed by the County through the exercise of the powers conferred by Act 342, on the County and on the Municipalities as eet forth herein; and WHEREAS the County and the Municipalities desire to proceed with the acquisition and construction of :improvements and facilities using a combination of federal and state grant moneys and local funds as needed for the proposed project as shown on Exhibit A hereto attached (the "Project"); for which Project contractual arrangements for design; construction and financing are required only with the Municipalities among all of the parties named hereinabove as participants in and users of the Systems; and WHEREAS the County Agency has obtained preliminary plans for the Project and also an estimate of $447,100 as the total cost of the Project and an estimate of thirty (30) years and upwards as the period of usefulness thereof, all of which nave been prepared by Hubbell, Roth & Clark, Inc. (hereinafter sometimes referred to as the "Consulting Engineers') submitted herewith for approval by the Board of Commissioners of the County and the governing bodies of the Municipalities and will be placed on file in the office of the County Agency, said estimates being set forth in Exhibit B hereunto attached; and . WHEREAS in order to provide for the acquisition and construction of the Project by the County and the financing of the cost thereof by the issuance of County bonds, and for other related matters; it is necessary for the parties hereto to enter into'tnis Contratt.- - - THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES hERETU, as follows: 1. The parties hereto hereby approve and agree to the establishment, acquisition; construction and financing of the Project as herein providea; under and pursuant to Act 342. Each Municipality, by way of compliance with Section 29; Article VII of the Michigan Constitution of 1963, consents and agrees to the establishment and location of the Project within its corporate boundaries and to the use by the County of its streets, highways, alleys, lands, rights-of-way or otner public places for the purpose and facilities of the Project anc any improvements, enlargements and extensions thereof, and each Municipality further agrees that, in order to evidence and effectuate the foregoing agreement aria consent, it will execute and deliver to the County such grants of easement, right-of -way, license, permit or consent as may be requested by the County, 2. The Project shall consist of construction of saritary sewers and appurtenances and rehabilitation of sewers and appurtenances as described in a Sewer System Evaluation Survey Report ISSES) and related facilities as describec and shown on Exnibit A and Exhibit B which are attached hereto and which are hereby made a part hereof, and as are more particularly set forth in the preliminary plans which have been prepared and submitted by tie Consulting Engineers which plans are on file with the County Agency and are hereby approved and adopted. The Project shall be acquired and constructed substantially in accordance witn the preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the Coesulting Engineers, but variations therefrom which do not materially change the location, capacity or overall design of the Project, and which do not require an increase in the total estimated cost of the Project, may be permitted on Commissioners Minutes Continued. June 28, 1590 203 the authority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the governing body of each Municipality and if provisions required by paragraph (B) hereof are made for payment or financing of any resulting increase in the total estimated cost. The estimate of cost of the Project anc tne estimate of period of usefulness thereof as set forth in Exhibit B are likewise hereby approved and adopted. e. To defray that part of the total cost of the Project which is in excess of funds available from federal and/or state grants or payments by one or more of the Municipalities, the County Agency shall take or cause to be taken all actions required or necessary, in accordance with Act 342, to procure the issuance and sale of bonds by the county, in one or more series, in whatever aggregate principal amount is necessary to be so financed. Such bonds shall be issued in anticipation of, and be payable primarily from, the installment parents to be made by the Municipalities to the County in the aggregate amounts as provided in Exhibit B, which is attached hereto and which is hereby race a part nereof, after adjustment of said amounts to reflect cash payments made by any of the Municipalities before tie ponds are issued, and shall be secured secondarily, if so votee by the Board of Commissioners of tee County, by the pledge of the full faith and credit of the County, and tee said bonds shall be payable in annual maturities the last of which shall be not more than forty years from the date thereof. 4. The County Agency shall obtain and accept an offer of grant by the USEPA/MDR for the Project, proceed to take construction eids for the Project met., subject to the receipt of cash payments by Municipalities and the sale and delivery of said bonds, enter into construction contracts with the lowest responsive and responsible bidder or bidders, procure from the contractors all necessary and proper bonds and insurance, cause the Project to be constructed within a reasonable tiee, and do all other things required by this Contract and the laws of the State and tne United States of America. All certificates for reeuired payments to contractors shall be approved by the Consulting Engineers before presentation to the County Agency and the latter shell be entitled to rely on such approval in making payment. The County hereby agrees that it will secure and maintain, or cause to be secured and maintained, during the period of construction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this Contract. All policies and memoraneums of insurance shall provide that the County and the Municipalities shall be insured parties thereunder and shall contain a provision requiring that each Municipality be notified at least ten days prior to cancellation thereof.. One copy of each policy and memorandum of insurance shall be filed with each Municipality. S. It is understood and agreed by the parties hereto that the Project is to serve the Municipalities and not the individual property owrers and users teereof, unless by special arrangement between the County Agency and the governing body of the Municipality wherein such property is located. The respoesibiity of requiring connection to and use of the Project and/or providing such additional facilities as may be needee shall be that of the Muncipality wherein such property is located and such Municipality shall cause to be constructed and maintained, directly or through the County, any such necessary additional facilities. The County shall not be obligated to acquire or construct any facilities otner tnan those eesignated in paragraph 2 hereof. 6. The Municipalities shall pay to the County their respective shares of tne total cost of the Project less such fends as may become available from federal and/or State grants or from sources other than the Municipalities, whicn total cost for this purpose shall include, all items of the nature set forth in Exhibit B; plus, if bonds are issued by the County, all interest payable by the County on said bonds and all paying agent fees and other expenses and charges (including the County Agency's administrative expenses) which are payable on account of said bonds (such fees, expenses and charges being herein called "bond service charges"). The cost of the Project is hereby allocated to the Municipalities in accorCance with the amounts set forth in Exhibit B. The payments of each Municipality in anticipatior of which bonds are issued shall be made to the County in annual installments which shall be due and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal maturity date thereof. &Lien an annual installment of each Municipality shall be so paid in each year if any principal and/or non-capitalized interest on said bonds falls due during the twelve-month period beginning on such principal maturity date in said year, and the amount of each installment of each Municipality so due and payable shall be at least sufficient, when added to tne amount of the installments of the other Municipalities se Cue and payable; to pay all such principal and/or interest thus falling due and all bond service charges then due and payable. The County Agency shall, within thirty days after delivery of the County bonds to the purchaser, furnish the Treasurer of each Municipality with a complete schedule of the principal and interest maturities thereon, and the .County Agency shall also, at least thirty days before each payment is due to be made by each Municipality, advise the -Treasurer of each Municipality of the amount payable to the County on sucn date. If the Municipality fails to make any paymert to the County when due, the same shall be subject to a penalty of 1% thereof for each month or fraction thereof that sucn aeuuet remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse a Municipality from the obligation to make payment when due. Such payments shall be made by each Municipality when due whether or not the Project has then been completed or placed in operation, in the event that additional County bonds shall be issued under the authority of this Contract to defray a part of the cost of the System, the foregoing obligations shall apply to such part of cost and to said additional bends insofar as appropriate thereto. 204 Commissioners Minutes Continued. June 28, 1990 7. A Municipality may pay in advance any one or more of its installment payments in anticipation of which bonds are issued; or any part thereof, to the County pursuant to this Contract (a) by surrendering to the County any of said County bonds of like principal amount maturing in the same calendar year or (b) by paying to the County in cash the principal amount of any County bonds which are subject to redemption prior to maturity plus all interest thereon to the first date upon. ehicn such bonds may he called for redemption, and plus all applicable call premiums and bond service charges; and in such event the County Agency shall call said bends for redemption at the earliest possible date; provided, eowever, that such advance.payment and credit therefor shall De limited in amount at any given time to the amount of bonds available for eurchase or redemption ey call.within the twelve-month period succeeding the date of the aevance payment. The installments or parts thereof so prepaid shall be eeemeo tc be the installments or parts thereof falling due in the same calendar year as the maturity dates of the bonds surrendered or called for redemption and bonds so surrendered or redeemed shall be cancelled. B. In the event that it shall become necessary to increase the estimated cost of the Project as hereineefore stated; or if the actual cost of the Project shall exceed the estimated cost; whether as the result of variations or changes permitted or needed to be made in the approved plans or otherwise; teen (without execution of any further cortract or amendment of this Contract) the governing bodies of the Municipalities, by resolution aeopted within fifteen days after the receipt of. construction bids. may direct that a portion of the Project not yet acquired or constructed and not under contract to acquire or construct be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cost of the Project; as eereinbefore stated by more. than..5%;.provided tnat such cieletion.shall not materially change or terminate the eligibility of the Project for Federal and/or State grants; or change the general scope; overall design and purpose of the Project. In tne adoption of such a resolution the Municipalities shall pay or procure the payment of the increase or excess up to said 5% in cash or shall agree that County bonds in an increased or additioeal amuunt shall (upon adoption of an authorizing resolution therefor by the Board of Commissioners) ee issued to defray such increased or excess cost, to the extent that funds therefor are not available from other sources. Where the effect of any increase in the estimated cost of the Project or of any excess of actual cost over estimated cost would be to cause the total cost of the Project to exceed by more than 5% its total estimated cost as hereineefore stated, the County shall not enter into any new or further contract or change order for acqusition or construction of the Project or any part thereof or incur any new or further obligation for or pay any new or further item of cost thereof until the Municipalities shall have adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from otner sources) shall be paid or its payment procured by the Municipalities in cash or be defrayee by the issuance of increased or additional County bonds in anticipation of increased or additional payments agreed to be made by tee Municipalities to the County in the manner hereinbefore provided; provided, further, that the adoption of such resolution by the MunicipalitieS shall not be required prior to or as a conCition precedent to tne issuance of additional bonds by the County; if the County has previously issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of the additional bonds is necessary (as determined by the County) to pay such increased; additional or excess costs as are essential to completion of the Project according to the plans as last approved prior to the tine when the prey -bus bonds were issued or contracted to be sold. 9. In the event thatthe actual cost of the Project is less than the total estimted cost; then any surplus available to the County frem cash payments made by the Municipalities or from the sale of County bonds; at the option of tee governing bodies of the Municipalities; .shall be used to improve, enlarge or extend the Systems, to apply upon future payments due to the County, to redeem bonds; to make reimbursement to the Municipalities in proportion to amounts-theretofore paid to the County or to purchase bonds on the open market; provided that such surplus shall be used to improve, enlarge or extend the Systems only if authorized by the Board of Commissioners of the County. Any such surplus may; for the purpose of improving; enlarging or extending the Systems; be supplemented by cash payments to be made by the Municipalities, or such improvements, enlareements or extensions may be financed entirely from such cash payments, where authorized by the governing bodies of the Municipalities. Where any such surplus is used to redeem or purchase bonds; the same shall be cancelled, and the payments thereafter reuuired to be made by the Municipalities to the County shall be reduced so as to reflect the resulting saving of interest and tile P aymentrequired to be made in the calendar year of the stated maturity of said bonds shall be reduced by the principal amount thereof. 10. Should a Municipality fail for any reason to pay the County at the times specified; _ the amounts herein required to be paid; such Municipality does hereby authorize the State Treasurer or other official charged with the disbursement of unrestricted state funds returnable to such Municipality pursuant to the Michigan Constitution to withhold sufficient funds to. make up any default or deficiency in funds. If the full faith and credit of the County is pledged for the prompt payment of the principal of and interest on the bonds to be issued by the County and if the County is required to advance any money by reason of such pledge on account of the delinquency of such Municipality; the County Treasurer is hereby authorized to notify the State Treasurer to deduct the amount of money so advanced by the County from any unrestricted moneys in the State Treasurer's .possession beooging to such Municipality and to pay such amount to the County. The foregoing shall not operate to limit the County's right to pursue any other legal 205 Commissioners Minutes Continued. June 28, 1990 remedies for the reimbursement of moneys advanced on account of the default of such Municipality. 11. Each Municipality; pursuant to the authorization of Section 5a of Act No. 342, hereby pledges its full faith and credit for the prompt and timely payment of its obligations expressed in this Contract in anticipation of which bonds are issued and each year shall levy a tax in an amount which; taking into considerationestimated delinquencies in tax collections; will be sufficient to pay its obligations under this Contract becoming due before the time of the following year's tax collections; provided; however, that if at tne time of making its annual tax levy, a Municipality snail have on hand in cash other funds (including but rot limited to funds from special assessments; user charges or connection fees) which nave been set aside and pledged or are otherwise available for the payment of such contractual ebligations falling due prior to the time of 'the next tax collection, then the annual tax levy may be redeced by such amount. The ability of each Municipality to levy taxes is subject to constitutional, statutory and charter limitations. The governing body of each Municipality shall each year; at least 90 -days prior to the final date provided by law for the making of the annual tax levy of tne Municipality; submit to the County Agency a written statement setting forth the amount of its obligations to the County which become due and payable under 'this Contract prior to the time of the next following year's tax collections, the amount of the funds which the Municipality has or will have on hand or to its creCeit in the hands of the County which have been set aside and pledged for payment of said obligations to the County; and the amount of the taxes of the Municipality next proposed to ee levied fpr the purpose of raising money to meet such obligations. The County Agency shall review sucn statement promptly and, if he finds that the proposed tax levy is insufficient', he shall so notify the governing body of the Municipality; ant each Municipality hereby covenants and agrees tht it will thereupon increase its levy to such extent as may be required by the County Agency. 12. No change in the jurisdiction over any territory in any of the Municipalities shall in any manner impair the obligations of this Contract or affect the obligations of the Municipalities hereunder. In the event that all or any part of the territory of any Municipality is incorporated as a new city or village or is annexed to or becomes a part of the territory of another municipality, the municipality into which such territory is incorporated or to which such territory is annexed shall assume the proper proportionate share of the contractual obligations (including the pledge of full faith and credit) of such Municipality, which proper proportionate share shall be fixed and determined by the County Agency and shall be binding upon all parties concerned unless; within sixty 001 days after such incorporation or annexation becomes effective, the governing bedy of the Munieipality into which such territory is incorporated or to which such territory is annexed ant the governing body of such Municipality shall by mutual agreement and with the written approval of the County Agency fix and determine such proper proportionate share. The County Agency shall, prior to making such determination, receive a written recommendation as to the proper proportionate share from a committee composed of one representative designated by the governing body of such Municipality; one designated by the governing body of the new municipality or the municipality annexing such territory; and one independent registered engineer appointed by the County Agency. ' Each governmental unit shall appoint its representative witnin fifteen (15) days after being notified to do so by the County Agency and within a like time the County Agency shall appoint the engineer third member. If any such representative (other than the appointee of the County Agency) is not appointed within the time above provided, then the County Agency may proceed without said recommendation, If the committee shall not make the recommendation within forty-five (45) days after its appointment or within any extension thereof by the County Agency; then the County Agency may proceed without such recommendation. 13. This Contract is contingent upon the receipt by the County of cash payments from the Municipalities up to the aggregate amount of the share of each of tne estimated Project cost and upon the County issuing its negotiable bonds; if any as -herein provided, to defray euch Part of the total estimated cost of the Project as is necessary to be einanced, which bonds shall be issued uneer the authorization provided in Section 5a, 5b, and 5c of Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period not exceeding the estimated construction period and one year thereafter. In the event that the payments are not made and the bonds are not issued within three years from the date of tnis Contract ., then unless extended by mutual agreement it shall become null and void, except that the Municipalities shall pay all engineering; legal and other costs and expenses theretofore incurred and shall be entitled to all plans; specifications and other engineering data and materials. 14. Upon completion of the Project the County and the Municipalities hereby agree that the operation and maintenance of all of the facilities of the Systems shall be carried on and continued in the same fashion and manner as integral parts of the eyetems as are now in existence and in effect pursuant to the Evergreen Agreement and the Farmineton Agreement, with costs thereof billed, collected and paid as at present. If a grant; advance or payment becomes available from the state or federal governments or any other source; each Municipality hereby agrees to adopt such resolutions or ordinances as may be required by state or federal laws; regulations or orders to make the County and the Project and the Systems eligible to accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment require a local contribution, each Municipality hereby agrees to raise and make such local contribution. It is anticipated •etween the parties hereto that the Project to be built shall qualify for a federal grant in accordance witn 40 Code of federal Regulations. Part 35.2108. For.purposes 206 Commissioners Minutes Continued. June 28, 1990 of financing the Project, it is anticipated that the Project snail ee eligible for federal grants as noted on Exhibit B. The applicant; Oakiand County; in accorcance with the requirements of said 35.2108, agrees to complete the Project regardless of whether or net grant funding is available for the Project; in accordance with the requirements of said 35.2108. 15. The County shall have no obligation or responsibility for providing sewers or sewage. eisposal facilities except as herein expressly provided with respect to the acquisition of the Prcject or as otherwise provided by contract. The Municipalities shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the Systems by constructing or extending sewers or related facilities; conrecting the same to the Systems; and otherwise improving the Systems. :t is expressly agreed, nevertheless; that no such connection (otner than individual unit tap-ins) shall be made to the Systems and no improvements, enlargements or extensions thereof shall be made without first securing a permit therefor from the County. Any such permit may be made conditional upon inspection and approval of new construction by the County. It is further agreed that the Systems shall be used for collection and conveyance of sanitary sewage only and that the Municipalities shall take al necessary action to prevent entry into the Systems of storm waters and also to prevent entry of sewage or wastes of such a character as to be injurious to the Systems or to the public health and safety. 16. All powers; duties and functions vested by this Contract in the County shall be exercised and performed by the County Agency; for and on behalf of the County, unless otherwise provided by law or in this Contract. 17. The parties hereto recognize teat the holders from time to time of the bonds to be issued by the County under the provisions of Act 342, and secured by the full faith and credit pledge of each of the Municipalities to tne making of its payments as set forth in this Contract, will have contractual rights in this Contract; and it is therefore covenanted and agreed that so long as any of said bonds shall remain outstanding and unpaio; tne provisions of this Contract shall not be subject to any alteration or revision which would in any manner adversely affect either the security of the bonds or the prompt payment of principal or interest thereon. The right to make changes in this Contract; by amendment; supplemental contracts or otherwise; is nevertheless reserved insofar as the same to not have such adverse effect. The parties hereto further covenant and agree that they each will comply with their respective duties and obligations under the terms of this Contract promptly; at the times and in the manner herein set forth; and will not suffer to be done any act which would in any way impair tne contract of said bonds, the security therefor; or the prompt payment of principal and interest thereon. It is hereby declared that the terms of this ebntract and of any amendatory or supplemental contract and any contract entered into pursuant hereto, insofar as they pertain to said bonds or to the payment or the security thereof; shall be deemed to be for the benefit of the holders of said bonds. 18. The County Agency shall prepare, with the aid of its consultants, such covenants, representations and warranties and have adopted by officials of the County and tne Municipalities such procedures for construction, accounting, payment and operating as are necessary to comply with the requirements of State and federal law in order to create and maintain the obligations of the Municipalities and the County uuder this Contract and with respect to the bonds as valid and binding obligations and in order to create and maintain the bonds as tax-exempt obligations under State and federal income tax law. Such covenants; representations and warranties and such procedures shall be evidenced by and set forth in certificates or resolutions prepared for tne county Agency which the Municipalities and the County all hereby agree to approve, execute and adopt at or prior to issuance and delivery of any bonds. 19. In the event that any one or more of the provisions of this Contract shall, for any reason be held to be invalid; illegal or unenforceable in any respect; such invalidity; illegality or unenforceability shall not affect any other provisions hereofe. but this-Contract .shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. 20. This Contract shall become effective upon its execution by each party hereto and the expiration of 45 days after the date of publication of the notices required by Section 5b of Act .e42; provided; however, that if, within tne 45-day period; a proper petition is filed with the Clerk of any Municipality in accordance with the provisions of said Section 5b of Act 342 then this Contract shall not become effective until approved by the vote of a majority of the electors of such Municipality qualified to vote and voting thereon at a general or special election. If a notice pursuant to Section 5b of Act 342 is not required for any of the Municipalities because of payment in cash or a previous vote of the electors; this Contract shall be effective as to that Municipality upon its execution. This Contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided, however, that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all bond service charges pertaining to said bonds. This Contract may be executed in several counterparts. The provisions of this Contract shall inure to the benefit of and be binding upon the successors and assigns of tne parties hereto. IN WITNESS WHEREOF; the parties hereto have caused this Contract to be executed arid delivered by the undersigned, being duly authorized by the respective governing bodies of such parties; all as of the day and year first above written. CITY OF BLOOMFIELD HILLS CDUNTY OF OAKLAND By: By: Mayor County Drain Commissioner County Agency) Commissioners Minutes Continued. Lune 28, 1990 207 And: City Clerk VILLAGE OF BINGHAM FARMS CITY OF KEECa0 HAR30R 5y: By: President Mayor And: And: 'Pillage Clerk City Clerk TOWNSHIP OF 8LOO1FIELD By: Supervisor And: Township Clerk Mr. Chairperson, on beWf of the Planning and Building Committee, I move adoption of the . foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Creke; Chairperson Moved by Crake supported by Wolf the resolution be aeopted. AYES: Skarritt; Wolf, Aaron, 3ishop; Caddell; Chester; Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn; Law, McCulloch, McPherson, Moffitt, Oaks; Olsen; Pappageorge, Pernick, Price, Rewold. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was acopted. Misc. 90153 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES CITY OF LATHRUP VILLAGE EXTENSION NO. 1 CORTRACT To the Oakland County Doard of Commiasioners Mr. Chairperson, Ladies and Gentlewen: WHEREAS the County of Oakland (the "County') na$ heretofore established and constructed and acquired the Evergreen Sewage Disposal System pursuant to the Evergreen Sewage Disposal System Agreement; dated November 10; 1958; as amended; to serve tne Evergreen Sewage Disposal District, within such district lies al; of the City of aathrup Village (the "city"); and - WHCREAS the County has heretofore established and constructed and acquired the Farmington Sewage Disposal System pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, 1957, as amended; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by the Evergreen Sewage Disposal System and the Farmington Sewage Dispcsal System as a single plan of study area for the purposes of Step 1 Facilities Planning; and WHEREAS the County established under and pursuant to Act No. 342; Public Acts of Michigan, 1939; as amended ("Act 342"); a system of sewage disposal improvements and services to serve the Evergreen Sewage Disposal District and the Farmington Sewage Disposal District, which system as so established was designated as the "Everoreem end Farmington Sewage'Disposal -System" and the Oakland County Drain Commissioner was designated and appointed as tne 'county agency" for the Evergreen and Farmington Sewage Disposal System witn all the powers and duties with respect to said system as are provided by law and especially by Act 342; and WHEREAS it is now necessary to improve; enlarge anc extend the Evergreen and Farmington Sewage Disposal System by the aequisiticn and construction of the hereinafter described Evergreen and Farmington Disposal System Pollution Control Facilities City of Lathrup Village Extension No. 1; and WHEREAS by the terms of Act 342; the County and the City are authorized to enter into a contract for the acquisition; construction and financing of the Evergreen and Farmington Sewage Disposal System Pollution Control Facilities City of Lathrup Village System Extension No. 1 consisting of sewage disposal facilthes to serve the City and for the payment of the cost thereof by the City, with interest; and the County is then authorized to issue its bonds to provide the funds necessary therefor; and WHEREAS there has been submitted to this 5oard of Commissioners a proposed contract between the County; by and througe the County Drain Commissioner, County Agency; party of the first part; and the City, party of the second part (the "Contract"), which Contract provides for the acquisition, construction and financing of the Evergreen ard Farmington Sewage Disposal System Pollution Control Facilities City of Lathrup Village Extension No. 1 (the "Project"), and which Contract is hereinafter set forth in full; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners; preliminary plans, specifications and estimates of the cost and period of usefulness 208 Commissioners Minutes Continued. June 28, 1990 of the Project; and WHEREAS the Contract provides for the issuance hereafter of bonds by the County to defray part of the cost of the Project; said bonds to be secured by the contractual obligations of the City to pay to the County amounts sufficient to pay the principal of and interest on the hereafter authorized bonds and to pay such paying agent fees and other exeenses as may be incurred on account af said bonds; and - WHEREAS this Board of Commissioners desires to proceed witn the establishment of this Project and the approval and execution of the Contract to acquire; construct and finance the Project as provided in the Contract. THEREFORE; BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY; MICHIGAN, as follows: 1. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect apes hereby authorize and direct that there be established; and there is hereby established; under and eursuant to Act 342, sewage disposal facilities to be known as the hEvergreen and Farmington Sewage Disposal System Pollution Control Facilities City of Lathrup Village Extension No. 1;" which shall consist of enlargements, addition's and improvements to the Evergreen and Farmington Sewage Disposal System; as specifiee and to be located as shown in Exhibit A to the Contract; that the Project shall serve the City; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Evergreen and Farmington Sewage Disposal System Pollution Control Facilities City of Lathrup Village Extension No. 1; that the County Agency shall have all the powers and duties with respect to tne Evergreen and Farmington Sewage Disposal Pollution Control Facilities City of Lathrup Village Extension No. 1 as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Evergreen and Farmington Sewage Disposal System Pollution Control Facilities City of Latbrup Village Extension Nc. 1, unless otherwise authorized by this Board of Commissioners; shall be payable solely from funds derived from the City as hereinafter provided. 2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans aria speciticatiens for tne Project and the estimates of $13;550;000 as the cost thereof and of 40 years aria upwards as the period of usefulness thereof, as submitted to this Board of Commiesioners be and the same are hereby approved and adopted. 3. APPROVAL OF CONTRACT, The Evergreen and Farmington Sewage Disposal System Pollution Control Facilities City of Lathrup Village Extension No. 1 Contract dated as of January 1; 1990; between the County; by and through the County Drain Commissioner, party of the first part, aria the City; party of the second part, which Contract has been submitted to this Board of Commissioners, be and the same is hereby approved and adopted, and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County; in as many counterparts as may be deemed advisable; after the Contract has been executed by the appropriate officials of the City. This Contract reads as fellows: EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES CITY OF LATHRUP VILLAGE - EXTENSION NO. 1 CONTRACT THIS CONTRACT, made and entered into as of the 1st day of January, 1990; by and between the COUNTY OF OAKLAND; a county corporation in tne State of Michigan (hereinafter sometimes referred to as the "County"), by and through its Drain Commissioner; County Agency; party of the first part; and the CITY OF LATHRUP VILLAGE,'a home rule city corporation in said county and state (hereinafter sometimes referred to as the "City"), party of the second part. W :TNESSETH: WHEREAS the Oakland County Boartol y resolution; Misc.'No. -3269, -adopted August 12; 1967; as amended by resolution, Misc. No. 3435; adoptec October 13; 1958, did approve. the establishment of the Evergreen Sewage Disposal System (herein called the "Evergreen System") to serve the Evergreen Sewage Disposal District (herein called the "Evergreen District"), within which Evergreen District are included areas in each of the municipal corporations hereinafter named; and WEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958, as amended by amendatory agreements dated December 22, 1958 and February 9; 1959; all between the County and the Cities of Southfield, Birmingham; Bloomfield Hills, Latnrup Village and Troy, the Village of Westwecid (now Village of Beverly Hills), and the Townships of Bloomfield and. Pontiac (now City of Auburn Hills), municipal corporations in the Count)'; the County acting through its Department of Public Works; did acquire the original Evergreen System and did finance such acquisition by the issuance of eonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said Agreement; as amended (herein referred to as the "Evergreen Agreement"); and WHEREAS the Oakland County Board Cif Supervisors by resolution, Misc. No. 4115; adopted March 6; 1963; did enlarge the Evergreen District to include all of the Village of Franklin and all of the Village of Bingham Farms within the area to be served by the Evergreen System; and WHEREAS the Oakland County Board of Supervisors by resolution, Misc. Nu. 3270; adopted August 12; 1957,. as amended by resolution; MisC. No. 3339', acopted January 24, 1958, did approve the establishment of the Farmington Sewage Disposal System (herein called the "Farmington System") to serve the Farmington Sewage Disposal District (herein called the "Farmington District") within which Farmington District are included areas in each of the municipal corporations hereinafter named; and 209 Commissioners Minutes Continued. done 28; 199D WHEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1; 1957; as amended by amendatory agreements Gated December 22; 1958 and February 9; 1959; all between the County and the Cities of Southfield and Keego Harbor and the Townships of West Bloomfield and Farmington (now City of Farmingten Hills); municipal corporations in said County of Oakland, the County acting through its Department of Public Works; did aequire the original Farmington System and did finance such acquisition by tne issuance of bonds in anticipation of payments to be made by said Municipal corporations to the County in acccrdance with the provisions of said Agreement; as amendea (herein referred to as the "Farmington Agreement"); and WHEREAS by annexation of part of the former Township of Farmington the City of Farmington has become a user of the Farmington System and has area included in tne Farmington District; and WHEREeS by contractual relationships with memeers of the Farmington System, the City of Sylvan Lake and the City of Orchard Lake Village have become users of the Farmington System; and WHEREAS the State of Miceigan Department of Natural Resources designated the areas and districts served by the Evergreen System and the Farmington System as a single plan of study area for the purposes of Step I Facilities Planning and determined that tnere is a reed to obtain studies; reports; plans and estimates for the abatement of pollution, control of pollutants and polluting discharges; and the relief of both the Evergreen System and the Famine -ten System; and WHEREAS the County established under and pursuant to Act No. 342; Public Acts of Michigan; 1939; as amenoed; a system of sewage disposal improvements and services to serve the areas and the districts heretofore designated and described in Oakland County, eichigan; in Resolutions No. 3269, 3435 and 4115 as the Evergreen District and in Resoluticns No. 3270 and 3339 as the Farmington District, which system.as so established was designated as the "Evergreen and Farmington Sewage Disposal System" (herein called the "System") and the Oakland County Drain Commissioner was designated and appointed as the "County Agency" for the System with all the powers and duties with respect to the System as are provided by law and especially by said Act 342; and WHEREAS under and subject to the terms of Act 342, the County is authorized, through the County Agency, to acquire and construct the project consisting of sewage disposal improvements and pollution control facilities hereinafter described as part of tne System, the County and the City are authorized to enter into a contract, as hereinafter urovided, for the acquisition and construction of the project and for financing all or part of the cost thereof by the issuance of bonds by the County secured by tne pledge of the full faith and credit of the City to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years, and the County is authorizee to issue such bonds and, if authorized Dy majority vote of the members-elect of its Board of Commissioners, to pledge its fell faith and credit for the payment of such bonds and the interest thereon; and WHEREAS the City is in ereent need of such sewage disposal improvements and pollution control facilities to provide the means of collecting and disposing of sanitary sewage of the city, in order to abate pollution of the waters of the City and thus to promote the health and welfare of the residents thereof; which improvements and facilities would lieewise benefit the County and its residents; and the parties hereto have concluded that such improvements and facilities can be most economically and efficiently provided and financed by the County through the exercise of the powers conferred by Act 342, and especially Sections 5a; 5b and Sc thereof; and WHEREAS the County and the City desire to proceed with acquisition and construction of facilities using a combination of Federal and State grant moneys and local funds as needed for the proposed project as shown on Exhibit "A" hereto attached (the "Project"), for which Project contractual arrangements for design, construction and financing are required only with the City among all of the municipalities namee herein above as participants in and users of the System; and WHEREAS the County Agency has obtained preliminary plans for the Project and also an estimate of S13,550,000 as the total cost ofsthe -Project'and an estimate Of forty (4O) years and upwards as the period of usefulness thereof; all of which nave been prepared by Hubbell, Roth & Clark, lac. and Siffels-Webster Engineers, Inc. (hereinafter sometimes referred to as the consulting engineers) and are submitted herewith for aperoval by the Board of Commissioners of the County and the City Council of the City and will be placed on file in tne offiee of tine County Agency, said estimates being set forth in -IxhiV,t "B" hereunto attached; and WHEREAS in order to provide for the acquisition and construction of the Project by the County and the financing of the cost thereof by the issuance of County bonds, and for other related matters, it is necessary for the parties hereto to enter into this contract. - THEREFORE IN CONSIDERATION OF THE PREMISES AND THE COVENANTS OF EACH OTHER; THE PARTIES HERETO AGREE AS FOLLOWS: I. The parties hereto do Therebyapprove and agree to the establishment, acquisition, censtructien and financing of the Project, as herein provided, ender and pursuant to Act 342. The city, by way of compliance with Section 29, Article VII, Michigan Constitution of 1963,coasents and agrees to the establishment of the System and the location of the Project within the corporate boundaries of the City and to the use by the County of its streets, highways, alleys, lands, rightsecf-way or other public places for true purpose and facilities of the System and the Project and any improvements, enlargements or extensions thereof; and the City further agrees that, in order to evidence and effectuate the foregoing agreement and consent; it will execute and deliver to the County such grants of easement, right-of -way; license, permit or consent as may be requested by the County. 2. The Project shall consist of the facilities shown on Exnibit A which is hereunto 210 Commoners Minutes Continued. dune 28, 1990 attached and which is hereby made a part nereof, and as are more particularly set forth in the preliminary plans which have been prepared and submitted by the consulting engineers, which plans -are on file with the County Agency ant are hereby approved and adopted. The Project shall be acquired and constructed substantially in accordance with tne said preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the consulting. tegineers, but variations therefrom which de not materially change the location, capacity or overall design of the Project, and which do not require an iftcrease in the total estimated cost of the Project, may be permitted on the authority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the City Council of the City and if provisions required by Paragraph 8 hereof are made for payment or financing of any resulting increase in the total estimated cost. The estimate of cost of the Project and the estimate of period of usefulness thereof as set forth in Exhibit B are likewise eereey approved and adopted. 3. The County Agency shall take or cause to be taken all actions required or necessary, in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more series, in whatever aggregate principal amount is necessary to be so financed to defray that part of tne total cost to the County of the Project which is in excess of funds available from Federal and/or State grants or.other sources. Such bonds shall be issued in anticipation of, and be payable primarily from, the payments to be made by the City to the County as provided in this contract, and shall be secured secondarily, if so voted by the Board of Commissioners of the County, by the pledge of tee full faith and credit of the County, and the said bonds shall be payable in annual maturities the last of which shall be not more than forty (401 years from the date thereof. 4. The County Agency shall'obtain ane accept an offer of grant by the EPA/DNR for the Project, proceed to take construction bids for the Project and, subject to the sale and delivery of said bonds, enter into construction contracts with the lowest responsible bidoer or bidders, procure from the contractors all necessary and proper bonds; cause the Project to be constructed within a reasonable time, and du all other things required by this contract and the laws of the State of Michigan. All certificates for required payments to contractors shall be approved by the consulting engineers before presentation to the County Agency and the latter shel'. be entitled to rely on such approval in making payment. /The County hereby agrees that it will secure and maintain, or cause to be secured and maintained, during the period of construction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies and memoranda of insurance shall provide that the County and the City shall be insured parties tfiereunder and shall contain a provision requiring that the City be notified at least ten days prier to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with the City. 5. It is understood and agreed by the parties hereto that tne System is to serve the City and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the City. It is the responsibility of the City to require connection to and use of the facilities of the System and to provide such additional facilities, as may be needed, so that the City shall require connection to and use of the facilities and shall cause to be constructed and maintained, directly or through the County, any such necessary additional facilities. The County shall not be obligated hereunder to acquire or construct any facilities other than those designated in paragraph 2 hereof. 6. The city shall pay to the County the total cost of the Project, less such funds as may become available from Federal and/or State grants or from other sources. The total cost for this purpose shall include, in addition to the items of the nature set forth in Exhibit Et (represented by the principal amount of the bonds to be issued by the County plus such funds as may become available from Federal and/or State grants er other .sourees), all interest payable by the County on said bonds and all paying agent fees and other expenses and charges ('including the County Agency's administrative expenses) Which are payable on account of said eonds (such fees, expenses and charges being herein called "bond service charges"). Such payments shall be made to the County in annual or semiannual installments which shall be due and payable at least thirty days prior to the day of the month specified in the County bends as the annual principal maturity date thereof or semiannual interest date. Such installments shall be so paid in each year, if any principal aria/or non-capitalized interest on said bonds falls due during the twelve-month period beginning on sucn principal maturity date in said year, and the amount of each installment so due and payable shall be at least sufficient to pay all such principal and/or interest thus falling due and all bend service charges then due and payable. The County Agency shall, within thirty days after delivery of the County eonds to the purchaser, furnish the City Treasurer with a complete schedule of the principal . and interest maturities thereon, and the County Agency shall also, at least thirty days before each payment is due to be made by the City, advise the City Treasurer of the amount payable to the County on such date. If the City fails to make any payment to the County when due, the same shall be subject to a penalty of IZ thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse the City from the obligation to make payment when due. Such payments seen be made by the City when due whether or not the Project has then been completed or placed in operation. In the event that additional County bonds shall be issued uncer the authority of this contract, to defray a part of the cost of the Project; the foregoing oeligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. .1 iIe 211 Commissioners Minutes Continued. June 28, 1990 7. The city may pay in advance any -amount payable to the County pursuant to this contract and in that event shall be credited therefor on future-due amounts as may be agreed by the parties hereto. The City may also pay in advance any one or more installments or any part thereof (a) by surrendering to the County any of said County bonds of like principal amount or (b) by paying to the County in cash the principal amount of any County bonds whicn are subject to redemption peior to maturity, plus all interest thereon to the first date upon which such bonds may be called for redemption, and plus all applicable call premiums and bond service cnarges; and in such event the County Agency shall call said bonds for redemption at the earliest possible date; 'provided; however, that such advance cash payment and creeit therefor shall be limited in amount at any given time to the amount of bonds available for redemption by call within the twelve-month period succeeding the date of the advance cash payments. The installments or parts tHereof so prepaid shall be deemed to be the installments or parts thereof falling due in the same calendar year as the maturity dates of the bonds surrendered or called for redemption and bonds so surrendered or redeemed shall be cancelled. 8. In the event that it shall become necessary to increase the estimated cost of the Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or chanses permitted or needed to be made in the approved plans or otherwise, then (without execution of any further contract or amendment of this contract) the City Council', by resolution adopted within fifteen days after the receipt of construction bids, may direct that a portion of the Project not yet acquired or constructed and not wider contract to acquire or -construct be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cost of the Project -, as hereinbefore stated, by more than 5%; provided that such deletion shall not materially change or terminate the eligibility of the Project for Federal and/or State grants, or change the general seope, overall design, and purpose of the Project. • In the adoption of such a resolution the City shall pay or procure the payment of the increase or excess up to said 5% in cash or shall agree that County bonds. inan increased or additional amount shall (upon adoption of an authorizing resolution therefor by the Board of Commissioners) be issued to defray such increased or excess cost, to the extent that funds therefore are not available from other sources. Where the effect of any increase in the estimated cost of the Project or of any excess of actual cost over estimated cost would be to cause the total cost of the Peoject to exceed by more than 5t its total estimated cost as nereinbefore stated, the County shall not enter into any new or further contract or change order for acquisition or construction of the Project or any part thereof or incur any new or furtner obligation for or pay any mew or further Item of cost thereof until the City Council shall have adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be paid or its payment procured by the City in cash or De defrayed by the issuance of increased or adeitioeal . County bonds in anticipation of increased or additional payments agreed to be made by the city to the County in the manner hereinbefore orovided; provided; further, that the adoption of such resolution by the City Council shall not be required prior to or as a condition precedent to the issuance of additional bonds by the County, if the County has previously issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of tee additional bonds is necessary (as determined by the County) to pay such increased, additional or excess costs as are essential to completion of the Project according to the plans as last approved prior to the time when the previous bonds were issued or contracted to be sold. 9. In the event that the actual cost of the Project is less than the total estimated cost, then any surplus available to the County from the sale of County bonds shall, at the option of the City Council; be used either to improve, enlarge or extend the System or to apply upon future payments due to the County; or to redeem bonds maturing or callable for payment within one year to to purchase bonds of any maturity an the openmarket; provided tnat such be used to improve; enlarge or extend the System orly if authorized by the eoard of Commissioners. Any such surplus may, for the purpose of imeroving, enlarging or extending the System; be supplemented by cash payments to be made by the City or by the proceeds of additional County bonds, or such improvements, enlargements or extensions may be financed entirely from such cash payments, where authorized by the City Council. Where any such surplus is used to redeem or purchase bonds, the same shall be cancelled, and the payments thereafter required to be made Dy the City to the County shall be reduced so as to reflect the resulting saving of interest and the payment required to be made by the city in the calendar year cf the stated maturity of said bonds shall be reduced by the principal amount thereof. 10. Should the City fail for any reason to pay the County at the times specified, the amounts herein required to be paid, the City does hereby authorize the State Treasurer or other official charged with the disbursement of unrestricted state funds returnable to the City pursuant to the Michigan constitution to withhold sufficient funds to make up any default or deficiency in funds. If the full faith and credit of the County are pleoged for the prompt payment of the principal of and interest. on the bonds to be issued by the County and if the County is required to advance any money by reason of such pledge on account of the delinquency of the City, the County Treasurer is hereby authorized to notify the State Treasurer to deduct the amount of money so advanced by the County from any unrestricted moneys in the State Treasurer's possession belonging to the City and to pay such amount to tne County. The foregoing shall not operate to limit the County's right to pursue any other legal remedies for the reimbursement of moneys advanced on account of the default of the City. 212 Commissioners Minutes Continued. June 28, 1990 11, The City ., pursuant to the authorization of Section 5a of Act No. 342, dues hereby pledge its full faith and credit for the prompt and timely payment of its obligations expressed in this contract and shall each year levy a tax in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under this contract becoming due before the time of the following year's tax collections ; provided, however, that if at he time of making its annual tax levy, the City shall have on hand casn or other funds which have been set aside and pledged or are budgeted or otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection, then the annual tax levy may be reduced Dy such amount. Taxes levied by the City shall be without limitation as to rate or amount. The City Council each year, at least 90 days prior to the final date provided by law for the making of the annual tax levy -, shall submit to the County Agency a written statement setting forth the amount of its obligations to the County which become due and payable under this contract prior to the time of the next folicwing year's tax collections, the amount of the funds which the City has or will have on nand or to its credit in the hands of the County which have teen or will be set aside and pledged for payment of said obligations to the County, and the amount of the City taxes next proposed to be levied for the purpose of raising money to meet sUcn obligations. The County Agency shall promptly review such statement and, if he finds that the proposed tax levy is insufficient; he shall so notify the City Council and the City hereby covenants and agrees that it will thereupon increase its levy to such extent as way be required by the County Agency. 12. No change in the jurisdiction over any territory in the City shall impair in any manner the Obligations of this contract or affect the obligations of the City hereunder. In the event that all or any part of the territory of the City is incorporated as a new city or village or is annexed to or becomes a part of the territory of another municipality; the municipality into which such territory is incoreorated or to whicn such territory is annexed snall assume the proper proportionate share of the contractual obligations (including the pledge of full faith and credit) of the City, which proper proportionate share shall be fixed and determined by the county Agency and shall be binding upon all parties concerned unless; within sixty (6G; days after such incorporation or annexation becomes effective, the governing body of the municipality into which such territory is incorporated or to which such territory is annexed and the City Council of the city; by mutual agreement and with the written approval of the County Agency, shall fix and determine such proper proportionate share. The County Agency, prior to making such determination ., shall receive a written recommendation as to the proper proportionate share from a committee comeosed of one representative designated by the City Council of the City, one designated by the governing body of the new municipality or the municipality annexing such territory and one ineependent registered engineer appointed by the County Agency. Eacn governmental unit shall appoint its representative within fifteen (15) days after being notified to do so by the County Agency and within a like time the County Agency shall appoint the engineer third member. If any such representative (other than the appointee of the County Agency) is not appointed within the time above provided; then the County Agency may proceed without said recommencation. If the committee shall not make the recommendation within forty —five (45) days after its appointment or within any extension thereof by the County Agency, then the County Agency may proceec without such recommendation. 13. This contract is contingent upon the County issuing its negotiable bonds as herein provided, to defray such part of the total estimated cost of the Project, as if necessary to be financed, which bonds shall be issued under the authorization provided in Section 5a, 5b and Sc of said Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period not exceeding the estimated construction period and one year thereafter. in the event that the bonds are not issued within three years from the date of this contract, then unless extended by mutual agreement it shall become null and voic, except that the City shall pay all engineering, legal and other costs and expenses theretofore incurred. hereenler-and shall -be -entitled to all plans; specifications and other engineering data and materials. 14. Upon completion of the Project the County and the City hereby agree that time operation and maintenance of all of the facilities of the System shall be carried on and continued in the same fashion and manner as integral parts of the system as provided in paragraph 5 hereof and ae are now in existence and in effect pursuant to the Evergreen Agreement and the Farmington Agreement, with costs thereof billed-, collected and paid as at present. If a grant; advance or payment becomes available from the State or Federal governments or any other source, the City hereby agrees to adopt such resolutions or orainances as may be required by State or Federal laws; regulations or orders to make the County aria the Project and System eligible to accept and receive the grant, advance or payment; and if the terms of the grant; advance or payment require a local contribution, the City hereby agrees to.raiee and make such local contribution. It is anticipated between the parties hereto that the Project to be built shall qualify for a Federal grant in accordance with 40 Code of Federal Regulations, Part 35.2108. For purposes of financing the Project; it is anticipated that the Project shall be eligible for Federal grants in the amounts as noted on Exhibit B. The applicant; Oaklano Geunty, in accordance with the requirements of said 35.2108; agrees to complete the Project regardless of whether or not grant funding is available for the Project, in accordance with the requirements of said 35.2108. 15. The County shall have no obligation or responsibility for providing facilities except as herein expressly provided with respect to the acquisition of the Project or as otherwise provided by contract. The City shall have the authority and the responsieility to provide such other Commissioners Minutes Continued. June 2B; 199D 213 facilities and shall have the right to expand the facilities of the System by constructing or extending sewers or related facilities; connecting the same to the System; and otherwise improving the System. It is expressly agreed; nevertheless; that no such connection shall De made to the System and no improvements; enlargements or extensions thereof sha11 be made witheut first securing a permit therefor from the County Agency. Any such permit may be made conditional upon inspection and approval of new construction by the County Agency. It is further agreed that the System shall be used for collection and cenveyanee of sanitary sewage only and that the City shall take all necessary action to prevent entry into the System of storm waters (except as permitted in the Evergreen Agreement or the Farmington Agreement) and also to prevent entry of sewage or wastes of such a character as to be injurious to the System or to eee public health and safety. 16. All powers; duties and functions vested by this contract in the County shall be exercised and performed by the County Agency; for and on benalf of the County; unless etherwise provided by law or in this contract. The County Agency shall prepare; with the aid of its consultants, such covenants; representations and warranties and have adopted by officials of the County and of the City such erecedures for construction, accounting, payment and operating as are necessary to comply with the requirements of state and federal law in order to create and maintain the obligations of the City and of the County under this contract and with respect to the bonds as valid and binding obligations and in oreer to assure that the interest on the bonds is excludable from gross income for federal income tax purposes. Such covenants; representations and warranties and such procedures shall be evidenced by and set forth in certificates or resolutions prepared for the County Agency which the City and the County all hereby agree to approve, execute and adopt at or prior to issuance and delivery of any.bonds. 17. The parties hereto recognize that the holders from time to time of the bonds to be issued by the County under the provisions of Act 342, and secured by the full faith and credit pledge of the City to the making of the payments as set forth in this contract; will have contractual rights in this eortract; and it is therefore covenanted and agreed that so long as any of said bonds shall remain outstanding and unpaid; the provisions of this contract shall not be subject to any alteration or revision which would in any manner adversely affect either the security of the bonds or the prompt payment of principal or interest thereon. The right to make changes in this contract; by amendment; supplemental contract or otnerwise, is nevertheless reserved insofar as the same do not have such adverse effect, The parties hereto further covenant and agree that they will each comply with their respective duties and obligations under the terms of this contract promptly; at the times and in the earner herein set forth, and will not suffer to be done any act which would in any way impair the contract of said bones, The security therefor, or the prompt payment of principal and interest thereon. It is hereby declared that the terms of this contract and of any amendatory or supplemental contract and ary contract entered into pursuant hereto; insofar as they pertain to said bonds or to the payment of the security thereof, shall be deemed to be for the benefit of the holders of said bonds. 18. In the event that any one or more of the provisions of this contract shall for any reason be held to be invalid; illegal or unenforceable in any respect, such invalidity, illegality or unenforceabillty shall not affect any other provisions hereof, but this contract shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. 19. This contract shall becoee effective upon its execution by each party hereto and its approval by the vote of a majority of the electors of the City qualified to vote and voting thereon at a general or special election. This contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided, however, that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all bond service charges pertaining to said bends. This contract may be executed in several counterparts. The provisions of this contract shell inure to —the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF; the parties hereto have caused this contract to be executed and delivered by the undersigned; being duly authorized by the respective soverning bodies of such parties; all as of the day and year first above written, CITY OF LATHRUP VILLAGE COUNTY OF OAKLAND By: 8y: Mayor County Drain Commissioner (County Agency) By: City Clerk 4, CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they'may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and building Committee, I move adoption of the foregoing resolution. ' PLANNING AND BdILDING COMMITTEE Larry P. Crake; Chairperson Moved by Crake supported by Olsen the resolution be adopted. AYES: Wolf, Aaron, Bishop, Caddell; Chester; Crake; Gosling, Huntoon; Jensen; Johnson; R. Kuhn; Law; McConnell, McCulloch, McPherson, Moffitt, Oaks; Olsen; Pappageorge; Pernick; Price; Rewold, Searritt. 123 NAYS: None. (0) 214 Commissioners Minutes Continued. aine 28, 1990 A sufficient majority having voted therefor. the resolution was adopted. ,Misc. 90154 By Planning and Building Committee IN RE: Drain Commissioner - RESOLjT1ON TO APPROVE EVERGREEN AND FARMINSTON SEWAGE DISPOSAL SYSTEMS eiLLUTION CONTROL FACILITIES - CITY OF TROY - LOCAL RELIEF SEWERS AND SSES REHABILITATION - To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Resolution No.• 7674, aeopted September 2. 1976. the County established by consolidation and merger under ane pursuant te Act No. -342, Public Acts of Michigan, 1939; as amended, a system of sewage disposal improvements and services to serve the areas and the districts heretofore designated and described in Oaklane County; Michigan; in Resolutions No. 3269; 3435 and 4115 as the Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington District, wnich consolidated and merged system as so established was designated as the "Evergreen and Farmington Sewage Disposal Systems" (the "Systems") and the Oakland County Drain Commissioaer was designated and appointed as the "County Agency" for the Systees for the acquisition; construction and financing of new facilities with all the powers and duties with respect to the acquisition; construction and financing of facilities for the Systems as are provided by law and especially by said Act 342; arid WHEREAS the County is the lead apelicant and has made and will make applications for Federal and State grants for the planning, design; contracting and construction of the additional facilities to enlarge, extend and relieve the Systems as shown on Exhibits A and B set forth in the Contract hereto attached and incorporated herein, and will coordinate and sepervise.the compliance with and performance of conditions and terns of said grants; and WHEREAS in order to obtain grants; and in order to enlarge, extend and relieve the Systems and to provide for the City named in ene Contract hereto attachea additional pollution control facilities and capacities for the transportation and treatment of sanitary sewage emanating from the service areas of the Systems in the jurisdiction of said City and to abdte and control pollution and polluting discharges and to comply witn requirements imposea Dy the United States Environmental Protection Administration and the Michigan Department of Natural Resources, it is necessary that the County and said City enter into a Contract for construction of and service by the existing facilities and by additional pollution control facilities herein oescriDed; particularly by reference to the Exhibits to the Contract hereto attached by this reference incorporated herein, which additional pollution control facilities as described on Exhibits A and B are called the "Project" in said .Gontratt;eand WHEREAS preliminary plans for the Project arid also estimates of the cost of such Project and the period of usefulness thereof have been prepared by hubbell; Roth & Clark, Inc. (hereinafter sometimes referred to as the "Consulting Engineers") and are herewith submitted for approval by the Board of Commissioners of the County; said estimates being set forth in Exhibit B to the form of Contract attached hereto; and WHEREAS there has been submitted to this Board of Commissioners a proposed Contract between the County, by and througn the County Drain Commissioner; County Agency, party of the first part; and the City named in said Contract, parties of the second part, which Contract provides for the acquisition; construction and financing of the Project pursuant to Act 342; which Contract is hereinafter set forth in full. THEREFORE BE IT RESOLVEDBY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY; MICHIGAN as follows: 1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The esUmate of $394,000 as the cost of the Project descrioed on Exhibits A and B. tothe Contract arid. the estimate, of 30 years and upwards and the period of usefulness thereof, as submitted to this Board of Commissioners, be and the same are approved anc adopted. 2. APPROVAL OF CONTRACT. The :vergreen and Farmington Sewage Disposal System Pollution Control Facilities -- City of Troy - Local Relief Sewers and SSES Rehabilitation; dated'aS of April 1, 1990, between the County; by and through the County Drain Commissioner; party of the first part, and the City named in said Contract, party of the second part, wnich Contract has been, submitted to this Board of Commissioners; be and the same is approved and adopted; arid the County Drain Commissioner is authorized and directed to execute and deliver the same for and on behalf of the County; in as many counterparts as may be deemed advisable; after the Contract has been executed by the appropriate officials of the City. Said Contract reads as follows: EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEM POLLLTION CONTROL FACILITIES CITY OF TROY LOCAL RELIEF SEWERS AND SSES REHABILITATION • THIS CONTRACT; made and entered into as of the 1st day of April, 1990, by and between the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to as the "County"), by and through its Drain Oomeissioner; County Agency, party of the first part; and the CITY OF TROY, a home rule city corporation in said county and state (hereinafter sometimes referred to as the "City"); party of the second part: WITNESSETH: WHEREAS the Oakland County Board of supervisors by resolution; Misc. No. 3269; adopted Commissioners Minutes Continued. June 28, 1990 215 August 12; 1957, as amended by resolution, Misc. No. 3435, adopted October 13, 1958; did approve the establishment of the Evergreen Sewage Disposal System (herein called the "Evergreen System") to serve the Evergreen Sewage Disposal District (herein celed the "Evergreen District"), within which Evergreen District are included areas in each of the municipal corporations hereinafter named; and WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement; dated November 10, 1958; as amended by amendatory agreements dated December 22; 1958, and February 9; 1959; all between the County and the cities of :Southfield; Birmingham; Bloomfiele Kills; Lathrup Village and Troy, the Village of Westwood (now Village of Beverly Hills); and the TownSnipsof Bloomfield and Pontiac (now City of Auburn Hills), municipel corporations in tne County; the County acting through its Department of Public Works, did acquire the original ivergreen System and did finance such acuisitioe by the issuance of neleds in anticipation of payments to be made try said municipal corporations to the County in accordance with the provisions of said Agreement, as amended (herein referred to as the "Evergreen Agreement"); and WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 4115; adopted March 6, 1963, did enlarge the Evergreen District to include all of tne Village of Franklin and all of the Village of Elingnam Farms within the area to be serveC by the Evergreen Systeg; and WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 3270, adopted August 12, 1957, as amended by resolution, Misc. No. 3339, adoeted ,:anuary 24, 1958; did approve the establishment of the Farmington Sewage Disposal System (herein callea the "Farmington System") to serve the Farmington Sewage Disposal District (herein called tne 'Farmington District") within which Farmington District are included areas in each of the municipal corporations hereinafter named; and WHEREAS pursuant to the Farmington Sewage Disposal System Agreement; dated November 1; 1957; as amended by amendatory agreements dated December 22, 1958, and February 9; 1959, all between the County and the Cities of Southfield and Keego Harbor and the Townships of West Bloomfield and Farmington (now City of Farming -Curl hills); municipal corporations in said County of Oakland, the County acting through its Department of Public Works; did acquire the original Farmington System and did finance such acquisition by the issuance of bonds in anticipation or payments to be made by said municipal corporations to the County in accordance with the provisions of said Agreement; as amended (herein referred to as the "Farmington Agreement"); and WHEREAS by annexation of part of the former Township of Farmington tne City of Farmington has become a user of the Fareangten System ana has area included in the Farmington District; and WHEREAS by contractual relationships with members of the Farmington System, the City of Sylvan Lake and the City of Orchard Lake Village nave become users of the Farmington System; and WHEREAS the State of Michigan Departmerit of Natural Resources (herein the 'MDWR") acting on behalf of itself and the Unitec States Environmental Protection Agency (herein the "USEPA") designated the areas and districts served by the Evergreen System and the Farmington System as a single plan of study area for the purposes of Step 1 Facilities Planning and determined that there is a need to obtain studies, reports, piens and estimates for the abatement of pollution; control of pollutants and polluting discharges, and the relief of note the Evergreen System and tne Farmington System and issued a Final Order cr Abatement to the County and each municipal corporation using either System or in either District; and WHEREAS the County established under and pursuant to Act No. 342; Public Acts of Michigan, 1934, as amended, merged systems of sewage disposal improvements and services to -serve the areas and the districts heretofore designated ane described in Oakland County; Michigan, in Resolutions No. 3269; 3435 and 4115 as the Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington District, which mergea system as so established was designated as the "Evergreen and Farmington Sewage Disposal Systems" (herein called the "Systems") and the "Evergreen and Farmington Sewage Disposal Districts" (herein called the "Districts") and the Oakland County Drain Commissioner was designated and appointed as the "County Agency" for the Systems with al1 the powers and duties with respect to the SYstems as are erovined by law anc especially by said Act 342; and WHEREAS the County and all of the municipal corporations oescribeci in the foregoing paragraphs as users of the Farmington System and the Evergreen System and as having area included in the Farmington District and in tne Evergreen District (nerein the "Municipalities") have; at the request and approv0 of the MDNR and the USEPA, entered into an lrecermunicipal Contract Concereing Wastewater Treatment and Pollution Control Projects for the Systems dated as of September 30, 1989 (the "Intermunicipal Contract"), in which the County and the Municipalities agree to acquire Facilities and to carry out Projects as described in said Intermunicipal Contract throughout the Systems in various parts at the bestricts all in compliance with the Final Order of Abatement and Federal Grant requirements; and WHEREAS under and subject to the terms of Act 342; the County is authorized, through the County Agency, to acquire and construct the Project consisting of sewage disposal improvements and pollution control facilities nereinafter described as part of the Systems; the County and the City are authorized to enter into a contract, as hereinafter provided, for the acquisition and construction of the Project and for financing all or part of the cost thereof by the issuance of bonds by the County secured by the pleage of the full faith and credit of the City to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years; and the County is authorized to issue such bends and; if authorized oy majority vote of the members- elect of its Board of Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS the City is in urgent need of such sewage disposal improvenents and pollution control facilities to comply witn the maiR Final Oroer of Abatement and to provide the means of 216 Commissioners Minutes Continued. June 28, 1990 collecting and disposing of sanitary sewage of the City, in order to abate pollution of the waters of the City and thus to promote the health and welfare of the residents thereof, which improvements and facilities would likewise benefit the County and its residents, and the parties hereto nave concluded that such improvements and facilities can be most economically and efficiently provided and financed by the county through the exercise of the powers conferred by Act 342, and especielly , eactions 5a, 5b and Sc thereof; and WHEREAS the County and the City desire to proceed with acquisition and construction of facilities using a combination of Federal and State grant moneys and local funds as needed for the proposed Project as shown on Exhibit "A" hereto attcned (tee "Project"), for which Project contractual arrangements for design, construction and financinj are required only with the City among all of the municipalities named herein above as participants in and users of the System; and WHEREAS the County Agency has obtained preliminary flans for the Project and also an estimate of $394000 as the total cost of the Project and an estimate of thirty (30) years and upwards as the period of usefulness thereof, all of weIch have been prepared by Hubbell, Roth & Clark, Inc. (hereinafter sometimes referred to as the consulting engineers) and are submitted herewith for approval by the Board of Commissioners of the County and the City Council of the City and will be placed on file in •the office of the County Agency, said estimates being set forth in Exhibit "B" hereunto attached; and WHEREAS in order to provide for the acquisition and construction of the Project by the County and the financing of the cost thereof and for other related matters; it is necessary for the parties hereto to enter into this contract. THEREFORE; IN CONSIDERATION OF THE PREMISES AND ThE COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The parties hereto do hereby approve and agree to the establishment, acquisition, construction and financing of the Project, as herein provided, under and pursuant to Act 342 and as provided in the Intermunicipal Contract. The City, by way of compliance with Section 29, Article VII; Michigan Constitution of 1963, consents and agrees to tne establishment of the System and the location of the Project within the corporate boundaries of tne City and to the use by the County of its streets, highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the system and the Project anc any improvements, enlargements or extensions thereof; and the City further agrees that, in order to evidence and effectuate the foregoing agreement and consent; it will execute and deliver to the County such grants of easement, right-of-way, license, permit or consent as may be requested by the County. 2. The Project shall consist of the facilities shown on Exhibit A which is hereunto attached and which is hereby made a part hereof, and as are more particularly set forth in the preliminary plans which have been prepared and submitted by the consulting engineers; which plans are on file with the County Agency and are hereby approved and adopted. The Project shall be acquired and constructed substantially in accordance with the said preliminary plans and in accordance with final plans and specificiations to be prepared and submitted by the consulting engineers, but variations therefrom wnich do not materially change the location, capacity or overall design of the Project, and which do not require an increase in the total estimated cost of the Project; may be permitted on the authority of the County Agency. Other variations or ceanges may be made if approved by the County Agency and by resolution of the City Council of the City and if provisions required by Paragraph 8 hereof are made for payment or financing of any resulting increase in the total estimated cost. The estimate of cost of the Project and tne estimate of period of usefulness thereof as set forth in exeibit B are likewise nereby approved and adopted. 3. The County Agency shall receive from the City and the City $hall pay on the execution on this Contract the amount of Two Hundred Thousand Dollars ($200,000) and tnereafter the City shall pay the balance of the cost of the Project prior to award of .a .Construction Contract as provided in paragraph 4 below and in Exhibit C attached hereto. 4. The County Agency shall obtain and accept an offer of grant by the USEPA/MBR for the Project, proceed to take construction bids for the Project and, subject to the receipt of .payments from the City, enter into construction contracts with the lowest responsible bidder or bidders, procure from the contractors all necessary and proper bonds, cause the Project to be constructed within a reasonable time, and do all otner things required by this contract and the laws of the State of Michigan. All certificates for required payments to contractors shall be approved by the consulting engineers before presentation oto the County Agency and the latter shall he entitled to rely on such approval in making payment. The County hereby agrees that it -will secure and maintain, or cause to be secured and maintained, during the period of construetion adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies and memoranda of insurance shall provide that the County and the City shall be insured parties thereunder and shall contain a provision requiring tht the City be notified at least ten days prier to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with the City. 5. it is understood and agreed by the parties hereto that the Systems are to serve the City and not the individual property owners ane users thereof; unless by special arrangement between the County Agency and the City. It is the responsibility of the City to require connection to anc use of the facilities of the Systems and to provide such additional facilities, as may be needed, so that the City shall require connection to and use of the facilities and shall cause to be Commissioners Minutes Continued. June 28, 1990 217 • constructed and maintained, directly or through the County; any such necessary additional facilities. The County shell not be obligatee hereunder to acquire or construct any facilities other than those designated in paragraph 2 hereof. 6. The City shall pay to the County the total cost of the Proeect., lees such funds as may become available from Federal and/or State grants or from other sources. The total cost for this. purposeshall include, all items of the nature set forth in Exhibit B and be made as provided in Exhibit C. 7. In the event that it shall become necessary to increase the estimated cost of the Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated cost whether as the result of variations or changes pereetted or reecee to be made in the approved plane or otherwise, then (with execution of any further contract or amendment of this contract) the City Council by resolution adopted within fifteen days after the receipt of construction bids, may direct that a portion of tee Project not yet acquired or constructed and not under contract to acquire or construct be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cost GI tne Project, as hereinbefore stated, by more than 5%, provided that such deletion shall not materially change or terminate the eligibility of the Project for Federal and/or State grants, or change the general scope, overall design, and purpose of the Project. In the adoption of such a reeolution the City shall pay or procure the payment of the increase or excess Up to said 5% in cash or snail agree that County eonds shall (upon adoption of an authorizing resolution therefor by the Board of Commissioners) be issued to defray such increased or excess cost, to the extent that funds therefor are not available from other sources. Where the effect of any .increase in the estimated cost of the ProJeee e or of any excess of actual cost over estimated cost would be to cause the total cost of the Project to exceed by more than 51 its total estirnated.costas hereinbefore stated, the County shall not enter into any new or further contract or change order for acquisition or construction of the Project or any part thereof or incur any new or further obligation for or pay any reef or further item of cost tnereof until the City Council shall have adopted a resolution approving seeh increase or excess and agreeing that the same (or such part thereof as is not available from otner sources) shall be paid V its payment procured by the City in cash or be defrayed by the issuance of County bonds in anticipation of increased or additional payments agreed to be made by the City to tne County in the manner hereinbefore provided; provided, further, that the adoption of such resolution by the City Council she]; not be required prior to or as a condition precedent to tne issuance of bonds by the County, if the County has previously issued or contracted to sell bonds to pay all or part of the cost of tne Project and the issuance of the additional bones is necessary (as eetermined by the County) to pay such Increased, additional or excess tests as are essential to completion of the Project according to the plans as last approved prior to the time when the previous Donde were issued or contracted to be sold. B. In the event that the actual cost of the Project is less than the total estimated cost, then any surplus availaole to the County from payment by the City or from the sale of County bonds shall, at the oetion.of the Cfty Council, be used either to improve, enlarge or extend the Systems or to apply upon future payments the to the County, or to redeem bonds maturing or callable for payment within one year or to purchase buds of any maturity on the open market; provided that such surplus shall be used to improve, erlaroe or extend the Systems only if authorized by the Board of Gommissioners Any such surplus may, for the purpose of improving, enlarging or extending the Systems, be supplemented by cash payments to be made by the City or by the proceeds of County bonds, or such improvements; enlargements or extensions may be financed entirely from such cash payments, where authorized by the City Council. Weere any such surplus is used to redeem or purchase bonds, the same shall be cancelled, and the payments thereafter required to be made by the City to the County shall be reduced so as to reflect the resulting saving of interest and tne payment required to be made by the City in the calendar year of .the -stateinaturity of said tends shall be reduced by the principal amount thereof. • 9. The City, pursuant to the authorization of Seeeioe 5a of Act No. a42, does hereby pledge its full faith and credit for the prompt and timely payment of its obligations, expressed in this contract and shall each year levy a ta r. an amount whice, taxing into consideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under this contract becoming due before the time of the following year's tax collections; provided, however, that if at the time of making its annual tax levy, the City shall have on hand cash or other funds which have been set aside and pledged or are budgeted or otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection; then the annual tax levy may be reduced by such amount. 10. no change in the jerisiiictien over any territory in the City shall impair in any manner the obligations of this contrace or affect the obligations of the City hereunder. In the event that all or any part of the territory of the City is incorporated as a new city or village or is annexed to or becomes a part of the territory of another municipality, the municipality into which such territory is incorporated or to which such territory is annexed shall assume the proper proportionate share of the contractual oblieations of the City, which proper proportionate share shall be fixed and determinec by the County Agency and shall ee binding upon all parties concerned unless, within sixty (60) days after such incorporation or annexation becomes effective, the governing body Of the municipality into which such territory is incorporated or to which such territory is annexed and the City Council of the City, by mutual agreement and with the written approval of the County Agency, shall fix ana determine such proper proportionate share, The County By: Lounty Drain Commissioner (County Agency) 218 Commissioners Minutes Continued. June 28, 1990 Agency, prior to making such determination, shall receive a written recommendation as to the proper proportionate share from a committee composed of one representative designated by the City Council of the City, one designated by the eoverring body of the new municipality or the municipality annexing such territory and one inCependent registered engineer appointed by the County Agency. Each governmental unit shall appoint its representative within fifteen (15) days after being . eotified to do so by the County Agency and within a like tine tne County Agency -shall appoint the engineer third member. If any such representative (other than the appointee of the County Agency) is not appointed within the time above provided, then the County Agency may proceed without said recommendation. If tne committee shall not maKe the recommendation within forty-five (45) days after its appointment or within any extension thereof by the County Agency, tnen the County Agency may proceed without such recommendation, 11. Upon completion of the Project the County and the City hereby agree that the operation and maintenance of all of the facilities of the Systems shall be carried on and continued in tee same fashion and manner as integral parts of the Systems as provideu in paragraph 5 nereof and as now in existence and in effect pursuant to the Evergreen Agreement, the Farmington Agreement and the Intermunicipal Agreement with costs thereof billed, collectec and paid as at present. If a grant, advance or payment Pecomes available from the State or Federal governments or any other source, the City hereby agrees to adopt such resolutions or ordinances as may be required by State or Federal laws, regulations or orders to make the County and tile Project and Systems eligible to accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment require a local contribution, the City hereby agrees to raise and make such local contribution. It is anticipated between the parties hereto that the Project to be built shall qualify for a Federal grant in accordance with 40 Code of Federal Replatiens, Part 35.2108. For purposes of financing the Project ., it is anticipated that the Project shall be eligible for Federal grants as noted on Exhibit B. The applicant, Oadand County, in accordance with the requirements of said 35.2108, agrees to complete the Project regardless of whether or not grant funding is available for the Project, in accordance with the requirements of said 35.2108. 12. The County shall have no obligation or responsinility for providing facilities except as herein expressly provided with respect to the acquisition of the Project or as otherwise provided by contract. The City shall have the autnority and the responsibility to provide such other facilities and shall have the right to expand the facilities of tne Systems by constructing or extending sewers or related facilities, conrecting the same to the Systems, and otherwise improving the Systems. It is expressly agreed, nevertheless, that RC such connection shall be made to the Systems and no improvements, enlargements or extensions thereof shall be made without first securing a permit therefor from the County. Any such permit may ne made conditional upon inspection and approval of new construction by the County. It is further agreed that the Systems shall be used for collection and conveyance of sanitary sewage only and that the City shall take all necessary action to prevent entry into the Systems of storm waters (except as permitted in the Intermunicipal Agreement, the Evergreen Agreement or the Farmington Agreement) and also to prevent entry of sewage or wastes of such a character as to be injurious to the Systems or to the public health and safety. 13. All powers, duties and functions vested by this contract in the County shall be exercised and performed by the County Agency, for and on behalf of the County, unless otherwise provided by law or in this contract, 14. In the event that any one or more of the provisions of this contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, but this contract shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. 15. This contract shall become effective upon its .execution by. each party •ereto. This contract shall terminate forty (40) years from tne date hereeof or on such earlier date as shall be mutually agreed. This contract may be executed in several counterparts. The provisions of this contract shall inure to the benefit of anC be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed and delivered by the undersigned, being duly autnorized by the respective governing bodies of such parties, all as of the date and year first above written. CITY OF TROY COUNTY OF OAKLAN) By: liraydf By: City Clerk 3. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Movea by Crake supported by Pappageorge the resolution be adopted. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Commissioners Minutes Continued. June 28, 1990 AYES: Aaron, Bishop, Caddell, Chester, Craae, Gosling, Huntoun, Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adapted. Misc. 90155 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TZ APPROVE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS POLLUTION CONTROL FACILITIES -- CITY CF FARMINGTON H111..$ - SEGMENT II -ARM D, LOCAL RELIEF SEWERS AND SSES REHABILITATION CONTRACT To the Oakland County Board of Cemmissioners Mr. Chairperson, Ladies anc Gentlerden: WHEREAS the County of Daaland the "County") has heretofore established and constructed and acquired the Farmington Sewage Disposal System pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, 1987, as amended, to serve the Farmiegton Sewage Disposal District, within such district lies the City of Farmington Hills (the "City °): and WHEREAS the County has heretofore established and corstructed and acquired the Evergreen Sewage Disposal System pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958, as amended; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by the Evergreen Sewage Disposal System and the Farmington Sewage Disposal System as a single plan of study area for tne purposes of Step I Facilities Planning; and WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342"), a system of sewage disposal improvements and services to serve the Evergreen Sewage Disposal District and the Farmington Sewage Disposal District, which system as so established was designated as the "Evergreen and Farmington Sewage Disposal SystemS" and the Cakland County Drain Commissioner was designated and appointed as the 'county agency" for the Evergreen and Farmington Sewage Disposal Systems with all the powers and duties with respect to said system as are provided by law and especially by Act 342; and WHEREAS it is now necessary to improve, enlarge and extend the Evergreen and Farmington Sewage Disposal Systems by the acquisition and construction of the hereinafter described Evergreen and Farmington Sewage Disposal Systems Pollution Control Faciities -- City of Farmington Hills - 5egnent II-Arm b, Local Relief Sewers and SSES Rehabilitation Contract; and WHEREAS the terms of Act 312, the County and the City are authorized to enter into a contract for the acquisition, construction and financing of toe Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- City of Farmington Hills - Segment II-Arm D, Local Relief. Sewers and 5SES Rehabilitatioa Improvements consisting of sewage disposal and pollution control facilities to serve the City and for the payment of the cost thereof by the City with interest, and the. County is tnen authcrized to issue, its bords to provide the funds necessary therefor; and WEREAS there has been submitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency, party of the first part, and the City, Party of toe second part (the "Contract"), which Contract provides for the acquisition, construction and financina of enlargements, additions and improvements to the Evergreen and Farmington Sewage Disposal Systems as described in Exhibit A to the Contract (the "Project"), and which Contract is hereinafter set forth in full; and WHEREAS there have also been submitted for approval and Adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WhEREAS the Contract provides for the issuance hereafter of bonds by the County to defray part of the cost of the Project, said apnea to be secured by the contractual obligations of the City to pay to the County amounts sufficient to pay the principal of and interest on the hereafter euthorized bonds and to pay such paying agent fees and other expenses As may ne incurred on account of said bonds; and WHEREAS this Board of Commissioners desires to proceed with the establishment of this Project and the approval and execution of the Contract to acquire, construct and finance the Project as provided in the Countract. THEREFORE BE IT RESOLVED BY T BOARD OF COMMISSIONERS CF OAKLAND CCUNIY -, MICHIGAN, as follows: 1, ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGE4CY. This Board of Commissioners by majority vote o its members-e ect.eoes hereay autaorize and direct that there be establisheC and there is hereby established, under and pursuant to Act 342, sewage disposal facilities to be known as the "Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- City of Farmington Hills - Segment II-Arm D, Local Relief Sewers and SSES Rehabilitation Improvements," which shall consist of enlargements, additions and improvements to the Evergreen and Farmington Sewage Disposal Systems, as specified and to be located as shown in Exhibit A to the Contract; that the Project snail serve the City; that the Oakland County Drain Commissioner is hereby designated and appointed as the "County Agency" for the Evergreen and 7.armin5ton Sewage Disposal Systems 219 220 Commissioners Minutes Continued, June 28, 199C Pollution Control Facilities -- City of Farmington Hills - Segment II-Arm 0, Local Relief Sewers and SSES Rehabilitation Improvements; that the County Agency shall have all the powers and duties with respect to the Evergreen and Farmineton Sewage Disposal Systems Pollution Control Facilities -- City of Farmington Hills - Segment II-Arm D, Local Relief Sewers and SSES Rehabilitation Improvements as are provided by law and especially by Act 342; and that all obligations incurred by the County. :gency with respect to the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- City of Farmington Hills - Segment II-Arm D, Local Relief Sewers and SSES Rehabilitation Improvements, unless otnerwise authorized by this Board of Commissioners, shall be payable from funds derived from the City as hereinafter provided. 2. PLANS AND SPECIFICATIONS - ESTIMATES gE PERM OF UsFFeLAESel AN1 mei The preliminary plans and specitications for the Project an' Z the estimates of $1,4S3,530 as the cost thereof and of 30 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners be and the same are hereby approved and adopted. 3. APPROVAL OF CONTRACT. The Evergreen and Farmington Sewage Disposal Systems Pollutipn Control Facilities -- City of Farmington Hills - Segment II -Arm 0, Local Relief Sewers and SSES Rehabilitation Contract datee as of April 1, 1990, between the County; by and through the County Drain Commissioner, party of tne first part, and the City, party of the Second part, which Contract has been submitted to this Board of Commissioners, be and the same is hereby approved and aeopted; and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after the Contract has been executed ey the appropriate officials of tne City. The Contract reads as follows: EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION ZONTROL FACILITIES CITY OF FARMINGTON HILLS SEGMENT Ii -- ARM 0, LOCAL RELIEF SEWERS AND SSES REHABILITATION THIS CONTRACT, made anc entered into as of the 1st day of April, 1990, by and between the COUNTY OF OAKLAND, a county corporation in the State of Michigan (hereinafter sometimes referred to as the "County"), by and through its Drain Commissioner, County Agency; party of the first part, and the CITV'OF FARMINGTON HILLS, a home rule city corporation in said county and state (hereinafter sometimes referred to as the "City'), party of tne second part. W ITNESSETH: WNEREAS the Oakland County_ aoard of Supervisors by resc%tion, Misc. No. 3289, adopted August 12, 1957, as amended by resolution, Misc. No. 3435. adopted October 13, 1958; did approve the establishment of the Evergreen Sewage Disposal System (herein called the "Evergreen System") to serve the Evergreen Sewage Disposal District (herein called the "Evergreen District"); within which Evergreen District are included areas in each of the municipal corporations hereinafter named; and WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement, dated November 10, 1958, as amended by amendatory agreements dated December 22, 1958, and February 9, 1959, all between the County and the cities of Southfield, Birmingham, Bloomfield Hills, Lathrup Village and Troy, the Village of westwood (now Village of 8ever)y Hills), and the Townships of Bloomfield and Pontiac (now City of Auburn Hills), municipal corporations in the County, the County acting through its Department of Public Works, did acquire the original. Evergreen System and did finance such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said Agreement, as amended (herein referred to as the 'Evergreen Agreement"); and WHEREAS the Oakland County Board of Supervisors by resolution. Misc. No. 4115, adopted March 6, 1963, did enlarge the Evergreen Destrict to include all of -the Village of Franklin and all of the Village of Bingham Farms within the area to be served by the Evergreen System; and WHEREAS the Oakland County Board of Supervisors by resolution, Misc. No. 327D, adopted August 12; 1957; as amended by resolution, Misc. No. 3339, adopted January 24; 1958, did approve the establishment of the Farmington Sewage Disposal System (herein called the "Farmington System") to serve the Farmington Sewage Disposal District (herein call ee the 'Farmington District") within which Farmington District are included areas in each of the municipal corporations hereinafter named; and WHEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, 1957, as amended by ameedatory agreements dated December 22, 1958. and February 9, 1959, all between the County and the Cities of Southfield and keego Harbor and the Townships of West Bloomfield and Farmington (now City of Farmington Hills), .municipal corporat i ons in said County of Oakland, the County acting through its Department of Public Works, did acquire the original Farmington System and did finance such acquisition Oy the issuance of Londe in anticipation of payments to be wade by said municipal corporations to the County in accordance with tne provisions of said agreement as amended therein referred to as the "Farmington Agreement"); and WHEREAS by annexation of part of the former Township of Farnington the City of Farmington has become a user of the Farmington System aria has area included in the Farmington District; and WHEREAS by contractual relationships with members of the Farmington System ., the City of Sylvan Lake and the City of Orchard Lake Village have become users of the Farmieeten System; and WHEREAS the State of Michigan, Department of Natural Resources (herein the "MDNR") acting on behalf of itself and the United States Environmental Protection Agency (herein the ISERA") designated the areas and districts served by the Evergreen System and the Farmington System as a Commissioners Minutes Continued. June 28, 1990 single plan of study area for the purposes of Step I Facilities Planning and determined that there is a need to obtain studies, reports, plans and estimates for the abatement of pollution, control of pollutants and polluting disaharaes; and the relief of uata the averareenSystem and the Farmington System and issued a Final Order of Anatement to the County and each municipal corporation using either System or in either Distriat; arid VHEREAS the County established under and pursuant to Act rte. 342; Public Acts of Michigan, 1939; as amended, merged systems cf sewage disposal imarovements and services to serve the areas and the aistricts heretofore designated and described in Datlanc County, Michigan, in Resolutions No. 32E9; 3435 and 4113 as tae Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington District, whica merged systems as so established was designated as the "Evergreen and Farmington Sewage Disposal Systems' (hereia called the "Systems") and the "Evergreen and Farmington Sewage Disposal Districts" (herein called the "Districts") and the Oakland County Drain Commissioner was desianated and appointed as the ''Caurty Agency" for the Systems with all tne powers and duties with respect to the Systems as are provided by law and especially by said Act 342; and WhEREAS the County and all af the municipal corporations described in the foregoing paragraphs as users of the Farminyton System and the Evergreen System and as having area included in the Farmington District and in tne Evergreen District (herein the "Municipalities") have, at the request and approval of the MDR and the USEPA; entered into an Intermunicipal Contract Concerning Wastewater Treatment ad Pollution Control Projects for the systems dated as of September 30, 1989 (the "Intermunicipal Contract'), in which the County and the Municipalities agree to acquire Facilities and to carry out Prcaects as described in said Intermuniciaal Contract throughout the Systems in various parts of the Districts all in compliance with the Final Order of Abatement and Federal Grant requirementa; and WHEREAS under and subject to the terms of Act 342; the Couaty is authorized; through the County Agency; to acquire and constru:t the Project consisting of sewage disposal improvements and pollution control facilities hereinafter described as part of the Systems; the County and the City are authorized to eater into a contract; as hereinafter provided, for the acquisition and construction of the Project and for financing all or part of the cost thereof ay the issuance of bonds by the County secured by the pledge of the full faith and credit of the City to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years; and the County is authorized to issue such bonds and, if authorized by majority vote of the members-elect of its Board of Commissioners, to pledge its ful faith and credit for the payment of such bonds and the interest thereon; and WEEREAS the City is in uraent need of such sewage disposal improvements and pollution control facilities to comply witn the MOHR Final Order of Abatement and to provide the means of collecting and disposina of sanitary sewage of the City, in order to abate pollution of the waters of the City and thus to proamte the health and welfare of the residents thereof; which improvements and facilities would likewise benefit the County and its residents, and the parties hereto have concluded that such laproveents and facilities can ba most economically and efficiently provided and financed by the County through the exercise of the powers conferred by Act 342; and especially sections 5a, 5b and 5c thereof; and UHEREAS the County and the City desire to proceed with acquisition and aonstruction of facilities using a combination of Federal ant State crant moneys and local funds as needed for the proposed Project as shown cn Eahibit "A" hereto attached (the "Project"); for which Project contractual arrangements for design, construction and financing are required only with the City among all of the municipalities named herein above as participants in and users of the System; arid WHEREAS the aounty Agency has obtained preliminary plans for the Project and also an estiaate of 1.1,453;530 as the total cost of the ProSect and an estimate of thirty OW years and upwards as the pericd of usefulness thereof; all of whiCh have been paepared by Hubbell; Roth & Clark, Inc. (hereinafter sometimes referred to as the consulting engineers) and are submitted hereuith for approval by the Board of [lommissioners of the County and the City council of the City and will be placed on file in the office of the County Agency, said estimates being set forth in Exhibit "El h hereunto attached; and WHEREAS in order to provide for the acquisition and construction of the Project by the County and the financina of the cost thereof by the issuance of aoLalty bonds; and for related matters, it is necessary for the parties hereto to enter into this contract. THEREFORE; IN CONSIDERTIA OF TFE PRVISF.S AND THE COVENANTS OF EACH OTHER, THE PARTIES HERETO AGREE AS NUNS: I. The parties hereto dc hereby a)prove and agree to the establishment; acquisition, construction and financing of the Project, as herein provided; under and pursuant to Act 342 and' as provided in the Intermunicipal Contract. Tie City, by was of compliance with Section 29, Article VII, Michigan Constitution of 1S(13, consents and agrees to the establishment of the System and the location of the Project within the corporate bounaaries of the City and to the use by the County of its streeta, highways, allays, lancs, rights-of-way or other public places for the purpose and facilities of the system and the Project and any improvements, enlaroements or extensions thereof; and the City further agrees that, in order to evidence and effectuate the foregoing agreement, and consent, it will execute and deliver to the County saca grants of easement; right-of-way; license, permit or consent as may be reauested by the County. 2. The Project shall consist of the facilities shown on Exhibit A which is hereunto attached and which is hereby made a part hereof, and as are more particularly set forth in the 221 222 Commissioners Minutes Continued. June 28, 1990 preliminary plans which have been prepared and submitted by the consulting engineers, which plans are on file with the County Agency and are hereby approved and adopted. The Project shall be acquired and constructed suOstantially in accordance with the said preliminary plans and in accordance with final plans and seeeifieations to be prepared and suemitted by the consulting engineers; but variations therefrom which eo not materially change the location, capacity or overall lesign of the Project; and which do not require an increase in the total estimated cost of the Project, may be permitted on the authority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the City Council of the City and if provisions required by Paragraph 8 hereof are made for payment or financing of any resulting increase in the total estimated cost. The estimate of cost of the Project and the estimate of period of usefulness thereof as set forth in Exhibit 3 are likewise hereby approved and adopted. 3. The County Agency shall take or cause to be taken all actions requiree or necessary, in accordance with Act 342, to procure the issuance ane sale of bones ey the County, in one or more series, in whatever aggregate principal amount is necessary to be so financed to defray that part of the total cost to the County of the Project which is in excess of funds available from Federal and/or State grants or otfier sources. Such bonds shall be issued in anticipation of and be payaele primarily from, the payments to be made by the City to the County as provided in this contract, and shall be secured secondarily, if so voted by the Board of Commissioners of the County, by the pledge of the full faith andcredit of the Cocney, and the said bonds shall be payable in annual maturities the last of which shall be not more than forty (4D) years from the Cate thereof. 4. The County Agency shall obtain and accept an offer of grant by the USEPA/MONR for the Project; proceed to take _construction bids for the Project and, sueject to the sale and delivery of said bonds, enter into construction contracts with the lowest responsible bidder or bidders, procure from the contractors all necessary and proper bonds, cause the Project to be constructed within a reasonable time; and do all other things required by this contract and the laws of the State of Michigan. All certificates for required payments to contractors shall be approved by the consulting engineers before presentation to the County Agency and the latter shall be entitled to rely on such approval in making payment. The County hereby agrees tnat it will secure and maintaie; or cause to Oe secured and maintained, during the period of construction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to this contract. All policies and memoranda of insurance shall provide that the County and the City snail be insured parties thereunder and shall contain a provisior requiring that the City be notified at least ten days prior to cancellation thereof. One copy of each policy arm memorandum of insurance shall be filed with the City. 5. It is understood and agreed by the parties hereto that the Systems are to serve the City and not the individual property owners and users thereof, unless by special arrangement between the Coonty Agency and the City. It is the responsiblity of the City to require connection to and use of the facilities of the Systems and to provide such additional facilities, as may be needed, so that the City shall require connection to and use of the facilities and shall cause to be constructed and maintained, directly or through the County, any such necessary additional facilities. The County shall not be obligated hereunder to acquire or construct any facility other than those designated in paragraph 2 hereof. 6. The City shall pay to the County the total cost of the Project, less such funds as may become available from Federal and/or State grants or from other sources. The total cost for this purpose shall include, in addition to the items of the nature set forth in Exeibit B crepresented by the principal amount of the bonds to be issued by the County plus soon funds as may become available from Federal and/or State grants or other sources), all interest payable by the County OR said bones and all paying agent fees and other expenses and -charges (including- the. County -Agency's Administrative expenses) which are payable on account of said bonds (such fees, expenses and charges being herein called "bond service charges"). Such payments shall be made to the County in annual or semiannual installments which shall be due and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal maturity date thereof or semiannual interest date. Such installments shall be so paid in each year; if any principal and/or non-capitalized interest on said bonds falls due during the twelve-month period beginning on such principal maturity date in said year, and the amount of each instal)ment so due and payable shall be at least sufficient to pay all such principal and/or interest thus falling cue and all bond service charges then due and payable. • The County Agency shall; within thirty days after delivery of the County bonds to the purchaser; furnish the city Treasurer with a complete schedule of the principal and the interest maturities thereon; and the County Agency shall also; at least thirty days before . each payment is due to be made by the city, advise the City Treasurer of the amount payable to the County on such date. If the City fails to make any payment to the County when due, the same shall be subject to a penalty of 1% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse the City from the obligation to make payment when due. Such payments shall be made by the city when due whether or not the Project 17as then been completed or placed in operation. In the event tnat additional County bonds Shall be issued under the authority of this contract; to defray a part of the cost of tne Project, the foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. 7, The City may pay in advance any amount payable to the County pursuant to this contract Commissioners Minutes Continued. June 28, 199e 223 and in that event shall ee credited therefor on future-due amounts as may be agreed by the parties hereto. The City may also pay in advance any one or more installments or any part thereof (a) by surrendering to the County any of said County bones of like princioal amount or (b) ey paying to the County in cash the principal vaunt of any County bonds wnich are subject to redemption prior to maturity', plus all interest teereon to the first date upon which such bonds may 5e callec for redemption, and plus all applicable call premiums and bond service charges, end in such event the County Agency shall call said bents for redemption at the earliest pcenible date; provided, however, that such advance cash payment ane credit therefor shall be limited in amount at any given time to the aeount of bonds available for redemption by call within the twelve-month period succeeding the date of the advance cash peyments. The installments or parts thereof so prepaid shall oe deemed to be the installments or parts thereef falling due in the same caleeeor year as the maturity dates of The bonds surrendered or called for redemption and eonds so serrendered or redeemed shall be caneelled, 8. In the event that it shall become recessary to increase the estimated cost of the Project as hereinbefore stated, or if the actual cost et the Project shall exceed the estimated cost, whether as tne result of varietiees or changes permittee or needed to be made in the approved plans or otherwise, then (without executien of any further contract or amendment of this contract) the City Council; by resolution adopted within fifteen days after the receipt of constructioe bids; may direct that a portion of the Project not yet acquired or constructed and not under contract to acuuire or construct be celeted sufficient to reduce the total cost to on amouet which shall not exceed.the total estimated cost f the Project; as hereinbefore stated; by more than 5%; provided that such deletion shall not materially change or terminate the elie(bility of the Project for Federal and/or. State vents, or change the general scope, overall design; and purpose of the Project. In the adoption of such e resolution the eity shall pay or procure the payment of the increase or excess up to said et in cash or shall agree that County bends in an increased or additional amount shall lupon adeptior of an authorizing resolution therefor by the Board pf Commissioners) be issued to defray suca increased or excess cost, to the extent that funds therefor are not available from other sources. ehere the effect of any increase in the estimated cost of tne Project or of any excess of actual cost over estimated cost would be to cause the total cost of the Project to exceed by more than 5% its total estimated cost as hereinbefore stated; the County shall net enter into any new or further contract or change order for acquisition or construction of the Project or any part thereof or incur cry new or further oeiigation for or pay any now or further item of cost thereof until the City Council shall have adooted a resolution approving such increase or excess and agreeine that the same or such part thereof as is not available from other sources) shall be paid or its payeent preeured by the City in cash or be defrayed by the issuance of increased or additional County eonds in anticipation of increased or additional payments agreed to be macte be the City to the County in the manner hereinbefore provided; provided; further, that the adoption of such resolution by tne City Council shell not be required prior to or as a condition precedent to the issuance of adeiiional bonds by the County, if the County has previously issued or contracted to sell bones to pee ell or part of the cost of the Project and the issuance of the additional bonds is=necessary (as determined by the County) to pay such increased; additional or excess costs as are essential to completion of the Project aceordine to the plans as last approved prior to the time when the previoua bonds were issue( or contracted to be sold. 9. In the event that the actual cost of the Project is less than the total estimated cost, then any surplus available tc the County from the sale of County ends shall, at the option of the City Council, be used either to improve, enlarge or extend the Systems or to apply upon future payments due to the Coenty, or to redeem boeds maturing or callable for payment within one year or to purchase bonds of any maturity on the open market; provided that such surelus'shall be used to improve, enlarge or extend the Systems only if authorized by the Boare -of Commissioners. Any such surplus may; for the purpose of ieproving, enlarging or extending the Systems; be supplemented by cash payments to be made by the city or ay the proceeds of additional County bonds, or such improvements; ealargemeets or extensions may be financed entirely from such cash payments, where authorized by the City Council. Where any such surplus is used to redeem or purchase bonds, the same shall be cancelled; and the payments thereafter required to be mede by the City to the County shall be reduced so as to reflect the resulting saving of interest and the payment required to be made by the City in the celendar year of the stated maturity of said bonds shall be reduced by the principal amount thereof. 10. Should the City fail for any reason to pay the County at the time specified; the amounts herein required to be paid, the City does hereby authorize the State Treasurer or other official charged with the disbursement of unrestricted state funds returnable to the City pursuant to the Michigan constitution to withnold sufficient funds to make 6p any default or deficiency in funds. If the full faith and credit of the County are pledged for the prompt payment of the principal of and interest or, tha bones to be issued by the County and if the County is required to advance any money by reason of such pledge on account of the delinquency of the City, the County Treasurer is hereby authorized to notify the State Treasurer to deduct the amount of money so advanced by the County fro; any unrestricted moneys in the State Treasurer's possession eelonging to the City and to pay such amount to the County. The foregoiug shal1 not operate to unit the County's right to pursue any other legal remedies for the reimbursement of moneys advanced on account of the default of the City. 11. The City pursuant to the authorization of Section 5a of Act No. 342, does hereby 224 Commissioners Minutes Continued. June 28, 1990 pledge its full faith and credit for the prompt and timely payreent of its obligations expressed in this contract and shall each year levy a tax in an amount wnich taking into consideration estimated delinquencies in tax collections, will tie sufficient to pay its obligations under this contract becoming due before the time of the following year's tax collections; provided; however, that if at the time of making its annual tax levy, the City shall have on nand cash or other funds which have 'een set aside and pledged or are bedgetee or otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection, then the annual tax levy may be reduced by such amount. Taxes levied by the City snail be within applicable limitations as to rate or amount. The City Coencil each year; at least 90 days prior to the final date provided by law for the making of the annual tax levy; shall submit to the County Agency a written statement setting fortn the aweunt of its obligations to the County which become due and payable under this contract prior to the time of the next followiny year's tax collections, the amount of the funds which the City has or wi1 nave en hant or to i -ts credit in the hands of the County which have been or will be set aside and pledged for payment of said obligations to the County; and the amount of the City taxes next proposed to be levied for the purpose of raising money to meet such obligations. The County Agency shall promptly review such statement and; if ee finds that the proposed tax levy is insufficient. Re shall so nctify the City Council and the City hereby covenants and agrees that it will thereupon increase its levy to such extent as may be required by the County Agency. 12. No change in the jurisdiction over any territory in the city shall impair in any manner the obligations cf this contract or affect the obligations of the City hereunder. In the event that ail or any part of theterritory of the City is incorporated as a new city or village or is annexed to or becomes a part of the territory of another municipality, the municipality into which such territory is incorporated or to which such territory is annexed shall assume the proper proportionate share of the contractual obligations (incluoing the pledge of full faith and credit) of the City, which proper proportionate seare shall be fixed and determined by the County Agency and shall be binding upon all parties concerned urless; within sixty (60) days after such incorporation or annexation becomes effective; the governing body of the municipality into which such territory is incorporated or to which such territory is annexed and the City Council of the City; by mutual agreement_ and with the written approval of tee County Agency. shall fix and determine such proper proportionate share. The County Agency; prior to making such determination, shall receive a written recommendation as to the proper proportionate share from a committee composed of one representative designated ey the City Council of the City, one designated by the governing body of the new municipality or the municipality annexing such territory and one independent registered engineer appointed by the County Agency. Each governmental unit shall appoint its representative within fifteen (15) days after being notified to do 40 by the County Agency and within a like time the County Agency shall appoint the engineer third member. If any such representative (other than the appointee of the County Agency; is not appointed within the time above provided; then the County Agency may proceed without said recommeedatien. If the committee shall not make the recommendation within forty-five (45) days after its appointment or witnin any extension thereof by the County Agency; then the County Agency may proceed without such reeommendation, 13. This contract is contingent upon the County issuing its negotiable Donds as herein provided; to defray such part of the total estimated cost of the Project as is necessary to be financed; which bonds shall be issued under the authorization provided in Section 5a 4 5b and Sc of said Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period not exceeding the estimated construction period and one year thereafter. In the event that the bonds are not issued within three years from the date of this contract, then unless extended by mutual agreement it shall become null and void, except that the City shall pay all engineering, legal and other costs and expenses theretofore incurred hereunder and shall be entitled to all plans, specifications and other engineering data and materials. 14. Leon completion of the Project the County and the City hereby agree that the operation and maintenance of all of the faci -eities of the Systems shall be carried on and continued in the same fashion and manner as integral parts of the Systems as provided in paragrapn 5 hereof and as are now in existence and in effect pursuant to the Evergreen Agreement; the Farmington Agreement arid the Intermunicipal Agreement with costs thereof billed, collected and paid as at present. If a grant; advance or payment becomes available from the State or Federal governments or any other source; the City hereby agrees to adopt such resolutions or ordinances as may be required by State or Federal laws, regulations or orders to make the county and the Project arid Systems eligible to accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment require a local contribution ; the City nereby agrees to raise and make such local contribution. It is anticipated between the parties hereto that the Project to be built shall qualify for a Federal grant in accordance with 40 Code of Federal Regulations; Fart 35.2108. For purposes of finaacing the Project, it.is anticipated that tee Project shall be eligible for Federal grants as noted on Exhibit B. The applicant, Oakland County; in accordance with the requirements of said 35.2108, agrees to complete the Project regardless of whether or net grant funding is available for the Project, in accordance with the requirements of said 35.Z108. 15. The county shall have no obligation or responsibility for providing facilities except as herein expressly provided with respect to the acquisition of the Project or as otherwise provided by contract. The City shall have the authority and the responsibility to provide such other Commissioners Minutes Continued. June 2E, 1990 Z25 facilities and shall have the right to expand the facilities of the Systems by constructing or extending sewers or related facilities, connecting the same to the Systems; and otherwise improving the Systems. It is expressly agreed; nevertheless; that no such connection shall be made to the Systems axle no improvements; enlargements or extensions tnereof snall be made without first securing a permit therefor from the County. Any such permit may be made conditional upon inspection and approval of new construction by the County. It is further agreed that the Systems shall be used for collection and conveyance of sanitary 'sewage only and that the City shall take all necessary action to prevent entry into the Systems of storm waters (except as permitted in the Intermunicipal Agreement; the Evergreen Agreement or the Farmington Agreement) and also to prevent entry of sewage or wastes of such a character as to be injurious to the Systemsor to the public health and safety. 16. All powers, duties and functions vested by this contract in the County shall be exercised and performed by the County Agency; for and on behalf of the County; unless otherwise provided by law or in this contract. The County Agency shall prepare; with the aid of its consultants; such covenants; representations and warranties and have adopted by officials of the County and of the City such procedures for construction, accounting, payment and operating as are necessary to comply with the requirements of state and federal law in order to create and maintain the obligations of the City and of the County under this contract ane with respect to the bonds as valid and binding obligations ane in order to assure that the interest on the bonds is excludable from gross income for federal income tax purposes. Such covenants, representations arid warranties and such procedures shall be evidenced by and set forth in certificates or resolutions prepared for the County Agency which the City and the 2.ounty all hereby agree to approve; execute and adopt at or prior to issuance and delivery of any bonds. 17. The parties hereto recognize that the hothers from time to time of the bonds to be issued by the County under the provisions of Act 342, and seeuree by the full faith and credit pledge of the City to tne making of the payments as set forth in this contract, will have contractual rights in this contract; and it is therefore covenanted and agreed that so long as any of said bonds shall remain outstanding and unpaid; the provisions of this contract shall not be subject to any alteration or revision which would in any manner adversely affect either the security of the bonds or the prompt payment of principal or interest thereon. The right to make changes in this contract; by amendment, supplemental contract or otherwise, is vlevertheless reserved insofar as the same do not have such adverse effect. The parties hereto furtner covenant and agree that they will each comply with their respective duties and obligations under the terms of this contract promptly,'at the times and in the manner herein set forth; and will not suffer to be done any act which would in any way impair the contract of said bonds, the security therefor; or The prompt payment of principal and interest thereon. It is hereby declared that the terms of this contract and of any amendatory or supplemental contract and any contract entered into pursuant hereto; insofar as they pertain to said bonds or to the payment of the security thereof; shall be deemed to be for the benefit of the holders of said bonds. , 18. In the event that any one or more of the provisions of this contract shall for any reason be held to be invalid, illegal or unenforceable in any respect; such invalidity; illegality or onenforceability shall not affect any other provisions hereof, but this contract shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. 19. This contract shall become effective upon its execution by each party hereto and the expiration of 45 days after the date of publication of the not -ice required by Section 5b of Act 342; provided, however, that if within tne 45-day period, a proper petition is filed with the City Clerk of the City in accordance. with the provisions of said Section 5b of Act 342; then this Contract shall not become effective until approved by the vote of a majority of the electors of the City qualified to vote and voting thereon at a general or special election. This contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided, however, that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the -County bonds together with all bond service charges pertaining to said bonds. This contract may be executed in several counterparts. . The provisions of this contract shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN14111051.4-01EDF,tmaparties hereto have caused this contract to be executed and delivered by the endersigned; being duly authorized by the respective governing bodies of such.parties; all as of the day and year first above written. CITY OF FARMINGTON HILLS COUNTY OF OAKLAND •By;. By: Mayor County Drain Commissioner (County Agency) by City Clerk Mr. Chairperson; on behalf Of the Planning and Building Committee; I move adoption of the foregoing resolution. PLANNING Auu BuiLma COWITTEE Larry P. CraKe; Chairperson Moved by Crake supportee by Jensen the resolution be aaopted. 226 Commiesioners Minutes Continued. dune 28, 1990 AYES: Bishop, Caddell, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90156 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO APPROVE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS POLLUTION CONTROL FACILITIES - SEGMENT II - STAGE 3 CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Resolution No. 7674, adopted September 2, 1976, the County established by consolidation ane merger under and pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended, a system of sewage disposal improvements and services to serve the areas and the districts heretofore designated and described in eaeland County, Michigan, in Resolutions N. 3269, 3435 and 4115 as the Evergreen District and in Resolutions No. 3270 and 3339 as the Farmington District, which consolidated and merged . system as so established was designated as the "Evergreen and Farmington Sewage Disposal Systems' (tne "Systems") and the Oakland County Drain Commissioner was designated and appointed as the 'County Ayency" for the Systems for the acquisition, construction and financing of new facilities with all the powers and duties with respect to the acquisition, construction and financing of facilities for the Systems as are provided by law and especially by said Act 342; and WHEREAS the County is the lead applicant and has made and will make applications for Federal and State grants for the planning, design, contracting and construction of the additional facilities to enlarge. extend anc relieve the Systems as shown on Exhibits A and B set forth in the Contract hereto attached and incorporated herein, and will coordinate and supervise the compliance with and performance of conditions and terrs of said grants; and WHEREAS in order to obtain grants, and in order to enlarge, extend and relieve the Systems ane to provide for the Municipalities named in tne,Contract hereto attached additional pollution control facilities and capacities for the transportation and treatment of sanitary sewage emanating from the service areas of the Systems in tee jurisdiction of said Municipalities and to abate and Control pollution and polluting discharges and to comply with requirements imposed ey the United States Environmental Protection Administration and the Michigan Department of Natural Resources, it is necessary that the County and said Municipalities enter into a Contract for construction of and service by the existing facilities and by additional pollution control facilities herein described, particularly by reference to the Exhieits to the contract nereto attached by this reference incorporated herein, which additional pollution control facilities as described on Exhibits A and 8 are called the "Project" in said Contract; and WHEREAS preliminary plans for the Project and also estimates of the cost of such Project and the perioa of usefulness thereof have been prepared by Hubbell, Roth Clare, inc. (hereinafter sometimes referred to as the "Consulting Engineers") and are herewith submitted for approval by the Board of Commissioners of the County, said estimates being set forth in Exhibit B to the form of Contract attached hereto; and WREREAS there has been submitted to this Board of Commissioners a proposed Contract between the County, by and through the County Drain Commissioner, County Agency, party of the first part, and tee Municipalities named in said Contract, parties of the second part, which Contract provides for the acquisition, construction and financing of the Project pursuant•b Act 342, which Contract is hereinafter set forth in full. THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: I. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimate of $12,825,000 as the cost of the Project Cescribed on Exhibits. A and B to the Contract and tne estimate of 40 years and upwards and the period of usefulness thereof, as submitted to this Board of Commissioners,- be and the same are approved and adopted, 2. APPROVAL OF CONTRACT. The Evergreen and Farmington Sewage Disposal System Pollution Control Facilities -- Segment II -- Stage 3 Contract, dated as of September 30, 1989, between the County, by and through the County Drain Commissioner, party of the first part, and the Municipalities named in said Contract, parties of the second part, wnich Contract has been submitted to this Board of Commissioners, be and the same is approvec and aeopted, and the County Drain Commissioner is authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable, after tne Contract has been executed by the appropriate officials of the Municipalities. Said Contract reads as follows: EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS POeLtTlON CONTROL FACILITIES -- SEGMENT II -- STAGE 3 CONTRACT THIS AGREEMENT, made as of this 30th day of September, 1589, by and between tee COUNTY OF OAKLAND, a Michigan county corporation (nereinafter sometimes referred to as the "County"), by and through its County Drain Commissioners (hereinafter referred to as the "County Agency"), party of Coemissioners Minutes Continued, June 28, 1990 227 the first part, and the TOWNSHIP OF eEST BLOOMFIELD, the CITY OF SOUTHFIELD, the C1TY OF FARMINGTON HILLS and the CITY OF ORCHARD LAKE VILLAGE, munizipal corporations in the County of Oakland (hereinafter sometimes collectively referred to as the "Municipalities" and ineividually as a "Municipality"), parties of the seeond part: WITNESSETH: WHEREAS the Oakland Coenty Board of Supervisors hy Resolution. Misc. Kn. 3269. adepted on August 12, 1957, as amended by Resolution, Misc. No. 3435, adopted on October 13, 1958, did approve of establishment of the Evergreen Sewage eisposai System to serve the Evergreen Sewage Disposal District; and WeeREAS pursuant to the Evergreen Sewage Dispcsal System Agreement, dated November 10, 1958, as amended by amendatory agreements dated December 22, 1558 and February 9, 1959, all between the County of Oakland and the Cities of Birmingham, 3loomfield Hills, Lathrup Village, Troy and Southfield, the Village of Westwood (now the Village of Beverly Hills) and the Townships of Bloomfield and Pontiac (row the City cf Auburn Hills), municipal corporations in the County, the County, acting through Its eepartmeet of Public works, die aeeuire the triginal Evergreen System and did finanee such acquisition by the issuance of bonds in anticipation of payments to be made ley said municipal corporations to the County in accordance with tne provisions of said agreement, as amended (herein referred to as the "Evergreen Agreement"); and WeEREAS the Oakland County Beard of Supervisors ey resolution, Misc. No. 3270, adapted August 12, 1957, as amended by resolution, Misc. No. 3339, aaopted January 24, 1958, did approve the establishment of tee Farmington Sewage Disposal System to serve the Farmington Sewage Disposal Oistrict; and WHEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, 1957 as amended by amendatory agreements dated December 22, 1958, and February 5, 1959, all between the County and the Cities of Southfield and Keego Harbor and the Townships of West Bloomfield and Farmington (now City of Farminetoh Aills). municipal corporations in the County, the County acting through its Department of eublic Wares, Old acquire the original Farmington Sewage Disposal System and did finance such acquisition ey the issuance of bones in anticipation of .eayments to be made by said municipal corporations to the County in accordance with the erovisions of said Agreement, as amended (herein referred to as the "Farmington Agreement"); and WHEREAS by annexation of part of the former Township of Farmington the City of Farmington has become a user of the Farmington Sewage Disposal Syster and has area included intbeFarmington Sewage Disposal District; and WHEREAS by contractual relationships with members of the Farmineton Sewage Disposal System, the City of Sylvan Lake and the city of Orchard Lake Village have become 'users of the Farmington Sewage Disposal System; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by the Oakland Ceunty Evergreen and earmineten Sewage Disposal Systems as a single plan of study area for the purposes of Step I Facilities Planning and determined that there is a need to obtain studies, reports, plans and estimates lzr tne abatement of pollution, control of pollutants and polluting discharges, and the relief of both the Evergreen and Farmington Sewage Disposal Systems; and WHEREAS the County established under and pursuant to Act no. 342, Public Acts of 1939, as amended, a system of sewage disposal improvements and services to serve the areas and the districts heretofore designated and described in Oakland County, Michigan, in Resolutions No. 3269, 3435 and 4115 as the Evergreen Sewage Disposal District and in Resolutions No. 3270 and 3339 as the Farmington Sewage Disposal District, weice system as so estabVshed was designated as the "Evergreen and Farmington Sewage Disposal Systems" (hereinafter referred to as the "Systems") and the Oakland County Drain Commiesioeer was designated and appointed as the "County Agency e' -for the Systems as provided by law and especially by said Act 342; and WeEREAS under and subject to the terms of Act 342, the County is authorized, through the County Agency, to acquire and construct the sewage disposal improvements and pollution control facilities hereinafter descrieed as part of the Systems, the County and the Municipalities are authorized to enter into a contract, as nereinafter provided, for the acquisition and construction of the improvements and facilities ey the County and for financing all or part of the cost thereof by the issuance of bonds by the County secured by the pedge of the full faith and credit of the Municipalities to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years, and the County is authorized to issue such bonds and, if authorized ey majority vote of the memoers-elect of its Board of Commissioners, to pledge its full faith and credit for the payment of such bonds and the interest thereon; and WHEREAS there is an urgent need for such sewage disposal improvements and pollution control facilities to provide the means of collecting and disposing of sanitary sewage originating in the Municipalities, in order to abate pollution of the waters of the Municipalities and thus to promote the health and welfare of the residents thereof, which improvements and facilities would likewise benefit the County and its residents, and the parties hereto have concluded that such improvements arid facilities can be most economically and efficiently provided and financed by the County through the exercise of the powers conferred by Act 342, and especially Sections 5a, 5b and Sc thereof; and WHEREAS the County ano tee Municipalities desire to proceed with the acquisition and construction of improvements and facilities using a combination of federal and state grant moneys 228 Commissioners Minutes Continued. June 28, 1990 and local funds as needed for the proposed project as shown on Exhibit A hereto attached (the 'Project'), for which Project contractual arrangements for design, construction and financing are reouired only with the Municipalities among all of the parties named hereinabeve as participants in and users of the Systems; and WHEREAS the County Agency has obtained preliminary plans for tee Project and also an esti; .ate of $12,825,000 as the total cost of the Project and an estimate of forty (40) years and upwards as the Period of usefulness thereof, all of which have been prepared by Hubbell, Roth & Clark, Inc, thereinafter sometimes referred to as tne "Consulting Engineers') suemittee herewith for approval by the Board of Commissioners of the County and the governing bodies of the Municipalities and will be placed on file in the office of the County Agency, said estimates being set forth in Exhibit 8 hereunto attached; and WHEREAS in order to previee for the aceuisition and construction of the Project by the County and the financing of the cost thereof by tee issuance of County bends, and for ether related matters, it is necessary for the parties hereto to enter irta this Contract. THEREFORE IT IS HEREBY AGREED BY AND 31TWEEN THE PARTIES HERETO, as follows: 1. The parties hereto hereby approve and agree to the esteelishment, acquisition, construction and financing of the Project as herein provided, under and pursuant to Act 342. Each Municipality, by way of compliance with Section 29, Article VII of the Michigan Constitution of 1953, consents and agrees to the establishment end location of the Project within its corporate boundaries and to the use by the County of its streets, highways, alleys, lands, rights-of-way or other public places for the purpose and facilities of the Project and any improvements, enlargements and extensions thereof, and each Municipality further agrees that, in order to evidence and effectuate the foregoing agreement and consent, it will execute and deliver to the County such grants of easement, right -of-way, license, permit or consent as may be requested by the County. 2. The Project shall consist of enlargements, additions and improvements to the existing pumping station facilities and sanitary sewers and related facilities as described and shown on Exhibsit A and Exhibit - B which are attached hereto and which are hereby made a part hereof, and as are more particularly set forth in the preliminary plans which have been prepared and submitted by the Censulting Engineers which plans are on file with the County Agency and are hereby approved and adopted. J The Project shall be acquired and constructed substantially in accordance with the preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the Consulting Engineers, but variations therefrom whien do not materially change the location, capacity or overall design of the Project; and which do not require an increase in the total ti es mated cost of the Project, may be permitted on the authority of the County Agency. Other variations or changes may be made if approved by the County Agency and by resolution of the governing body of each Municipality and it provisions required by paragraph (8) hereof are made for payment or financing of any resulting increase in the total estimted cost. me estimate of cost of the Project and the estimate of period of usefulness thereof as set forth in Exhibit 3 are likewise hereby approved and adopted. 3. The County Agency shall take or cause to be taken all actions required or necessary, in accordance with Act 342, to procure the issuance and sale of bonds by the County, in one or more series; in whatever- aggregate principal amount is necessary to be so financed to defray that part of the total cost of the Project which is in excess of funds available from federal and/or state grants or other sources, including cash contributions from the City of Crchard Lake Village and any other Municipality. Such bonds shall ae issued in anticipation of, and be payable primarily from, the payments to be made by the Munidealities to the County in the percentages as provided in Exhibit C which is attached hereto and which is hereby made a part hereof; and shall be secured secondarily, if so voted by the eoard of Commissioners of the County, by the pledge of the full faith and credit of the County, and the said bonde shall be payable in annual maturities the last of Which'ehall be not more than forty years from the date thereof; provided, however, that the percentages provided in Expibit C shall be adjusted to reflect casn contributions to be made by the City of Orchard Lake Village and any other Municipality. 4, The County Agency shall obtain and accept an offer of grant by the EPA/DHR for the Project, proceed to take construction bids for the Project and, subject to the sale and delivery of said bonds, enter into construction contracts with the lowest responsive and responsible bidder or bidders, procure from the contractors all necessary and proper bonds and insurance, cause the Project to be constructed within a reasonable time, and do all other things required by this Contract and the laws of the State and the United States of America. All certificates for required payments to contractors shall be approved by the Consulting Engineers before presentation to the County Agency and the latter shall be entitlee to rely on such approval in making payment. The County hereby agrees that it will secure aid maintain, or cause to be secured and maintained, during the period of construction adequate property damage and public liability insurance covering all facilities to be conetructed pursuant to this Contract. All policies and memorandums of insurance shall provide that the County and the Municipalities shall be insured parties thereunder and shall contain a provision requiring that each Municipality be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with each Municipality. 5. it is understood and agreed by the parties hereto that the Project is to serve the Municipalities and not the individual property owners and users thereof, unless by special arrangement between the County Agency aid the governing body of the Municipality wherein such Commissioners Minutes Continuee. June 28, 1990 229 property is located. The responsibility of requirine coneection to and use of the Project and/or providing such additional fecilties as may be mead shall be that of the Municipality wherein euch property is lecatee ane such Municiealite shall cause to he constructed and maintained, directly or through the County, any sece necessary additional facilities. The County shall not be obligated to acquire or construct any facilities oteer than those designateC in paragraph 2 hereof. 6. The City of Orchard Lae Village and any other Municipelity which elects to pay its share of the cost of the Proeeee terouee a cash . contribution shall pey in full to the County their respective shares of the total cost of the Project (less such funds as may become available from federal andior State grants or from other sources) not later than the date of the issuance of County bonds issued pursuant to this Contract. All other Municipalities (the °Borrowing Municipalities") shall pay to the County their respective shares of the total cost of the Project (less such funds as may become available from feieral end/or State greets or from otner sources) s which total cost for this purpose shall include, in aldition to the items of the nature set forth in Exhibit B (represented by the principal amount of the bonds to be issued by the County plus such funds as may become available from feeeral anclier State grants or other sources), all interest payable by the County en said bonds and all paeine eyent fees and other expenses and charges (including the County Agency's administrative expenses) hice are payable on account of said bonds (such fees, expenses ted charges being herein celled "bone service charges). The cost of the Project is hereby allocated to the Municipalities in accordance with the percentages set forth in Exhibit e. The percentage shares of the Borrowing Municipalities with respect to payments of principal of and interest and bond service charges on the bonds shall be adjusted to reflect the cash contributions an any Municipality. Such payments of each Borrowing' Municipality shall be made to the County in annual installments which shall be due and eayable at least tnirtY days prior to the day of the month specified in the County bonds as the annual principal maturity date thereof. Such an annual installment of each Borrowing Menizipality shall be so paid in eace year if any principal and/or non-capitalized interest on said bends falls due during the twelve-month period beginning on such principal maturity date in said year, arid the amount of each installment of each Borrowing Municipality so due and payable shall be at least sufficient, when added to the amount of the installments of the other Borrowing Municipalities so due and payable, to pay all such principal and/er interest thus falling due and ail Wane service charges then due and payaele. The County Aeency shall, within thirty days after Celivery of the County bonds to the purchaser; furnish the Treasurer of each Borrowing Muricipality with a comolete schedule of the principal and interest maturities thereon; and the County Agency shall also; at least thirty days before each payment is due to be made by each Boreowiny Municipality, advise the Treasurer of each 3orroelee Municipality of the amount payable to the County on suce date. if a Borrowing Municipality fails to make any payment to the County when due, the same shall be subject to a penalty of I% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse'a Borrowing Municipality from the obligation to make payment ehen due. Such payments shall be made by each Borrowing Mueici- panty whee due whether or not the Project has then been completed or placed in operation. In the event that additional County bonds shall be issued under the authority of this Contract to defray a part of the cost of tee System, tee foregoing obligations snail apply to such part of the cost and to said additional bonds insofar as appropriate thereto. 7. A Borrowing Municipality may pay in advance any one or more of its installments or any part thereof payable to the Coeuty pursuant to this Contract (a) by surrendering to the County any of said County bends of like principal amount maturina in the same calendar year, or (b) by paying to the County in cash the principal amount of any County bonds which are subject to redemption prior to maturity; plus all interest thereon to the first date upon which such bonds may be called for redemption, and plus all aeelicabie call premiums and bond servisce charges, aed ih suCh event •the County Agency shall call said bones for redemption at the earliest possible detei provided, however, that such advance payment arid credit tnerefor shall be ;imitee in amount at any given time to the amoent of bonds available for purchase or redemption by call within the twelve-month period succeeding the date of the advance payment- The installments or puts thereof so prepaid shall he deemed to be the installments or parts thereof falling due in the same calendar year as the maturity dates of the bonds surrendered or called fOr redemption and bones so surrendered or redeemed shall be cancelled. 8. In the event that it shell become necessary to increase the estimated cost of the Project as hereineefore statee, or if the actual cost of the Project shall exceed the estimated cost; whether as the result cf variations or changes permitted to be made in the approved plaits or otherwise, then (without execution Of any further contract or amendment of this Contractl-the governing bodies of the Municivalitiee mays by resolution adopted within fifteen days after the receipt of construction bids, direct that a portion of the Project be deleted sufficient to reduce the total cost to an amount ehich shall not exceed the total estimated cost as hereinbefore stated by wore than El, provided that sue:a deletion shall not materially change or terminate the eligibility of the Project for federal and/or state grants; or materially change the general scope; overall design and purpose of the Project. In the absence of the adoption of such resolution the Municipalities shall pay or precnre tee payment of the increase or excess in cash', or County bonds in an increased or additional amount shall (upon adoption of an authorizing resolution therefor by the board of Cumoissioners of the County) be issued to defray suer' increesed or excess cost; to the extent that funds tnerefer are not available from other sources; provided, however, that no such increase or excess shall be approved and no such increaeec or acditional County bonds shall be ".•e• 230 Commissioners Minutes Continued. June 28; 194e authorized to be issued, nor shall the Comity enter into any contract for acquisiton or construction of the Project or any part thereof or incur any obligation for or Pay any item of cost therefor, where the effect thereof would be to cause the total cost of the Project to exceed by more than 5t its total estimated cost as hereinbefore stated, unless the governing body of each Municipality shall have previously adopted a resolution approving such increase or excess and agreeing that the eame (or such part thereof as is not available from other sources) shall be paid or its payment precuree by the Municipalities in cash or be defrayed by tne issuance of increased or additional County bonds in anticipation of increased or additional payments agreed to be made by the Municipalities to the County in the manner hereinbefore provided; provided, further, that the adoption of such resolution by the governing body of each Municipality shall not be required prior to or as a condition precedent to the issuance of additional bonds by the County if the County nas previously Issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of the additional bonds is necessary as determined by the County) to pay such increased, additional or excess costs as are essential to completion of the Preeect according to the plans as last approved prior to the time when the previous bonds were issued or contracted to be sold. . 9. In the event that the actual cost of the Preeect is less than -the total estimated cost, then any surplus available to the County from the sale of County bonds, at the option of the governing bodies of the Municipalities shall be used to approve, enlarge or extend the Systems, to apply upon future payments due to the Coonty, to redeem bones or to purchase bonds on the open market; provided that such surplus shall be used to improve, enlarge or extend tee Systems only if authorized by the Board of Comeissioners of the County. Any —such surplus may; for the purpose of improving, enlarging or extending the Systems, be supplemented by cash payments to be made by the Municipalities, or such improvements, enlargements or extensions may be financed entirely from such cash payments, where authorized by the governing bodies of tne Municipalities. Where any such surplue is used to redeem or purchase bonds, the same shall be cancelled, and the payments thereafter required to be made by the Municipalities to the County shall be reduced so as to reflect the resulting saving of interest and the payment required to be eade in the calendar year of the stated maturity of said bonds shall be reduced by the principal amount thereof. 10. Should a Municipality fail for any reason to pay the County at the times speeified, the amounts herein required to be paid, such Municipality does hereby authorize the State Treasurer or other official charged with the eisbursement of unrestricted state funds returnable to such Municipality pursuant to the Michigan Constitution to withhold sufficient funes to make up any default or deficiency in funds. If the full faith and credit of the County is pledged for the prompt payment of the principal of and interest on the bonds to be issued oy the County and if the County is required to advance any money ey reason of such pledge on account of the delinquency of such Municipality, the County Treasurer is hereby authorized to notify the State Treasurer to deduct the amount of money so advanced by the County from any unrestricted moneys in the State Treasurer's possession belonging to such Municipality and to pay such amount to the County. The foregoing shall not operate to the limit the County's right to pursue any other legal remedies for the reimbursement of moneys advanced on account of tne default of such Municipality. 11. Each Municipality ., pursuant to the authorization, of Section 5a of Act No. 342, hereby pledges its full faith and credit for tne prompt and timely payment of its obligations expressed in this Contract and each year shall levy a tax in an amount which; taking into consideration estimated delinquencies in tax collections, will be sufficient to pay its obligations under this Contract becoming due before the time of the following year's tax collectiore; provided; however, that if at the time of making its annual tax levy, a Municipality small have on hand in cash other funds (including but not limited to funds from apecial assessments, user charges or connection fees) which have been set aside and pledged or are otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection, teen the annual tax levy may be reduced by such amount. The ability of each Municipality to levy taxes is subject to constitutional, statutory and charter limitations. The governing body of each Municipality shall each year, at least 90 days prior to the final date provided by law for the making of the annual tax levy of the Municipality; submit to the County Agency a written statement setting forth the amount of its obligations to the County which become due and payable under this Contract prior to the time of the next following year's tax collections, the amount of the funds which the Municipality has or will have on hand or to its credit in the hands of the County which have been set aside and pledged for payment of said obligations to the County, ann the amount of the taxes of the Municipality next proposed to be levied for the purpose of raising money to meet such obligations. The County Agency shall reaiew such statement promptly and, if he finds that tee eroposee tax levy is insufficient, he shall so notify the governing body of the Municipality; and each Municipality hereby covenants and , agrees that it will thereupon increase its levy to such extent as may be required by tee County Agency. 12. No change in the jurisdiction over any territory in any of the Municipalities shall in any manner impair the obligations of this Contract or affect the obligations of the Municipalities hereunder. In the event that all or any part of the territory of any Municipality is incorporated as a new city or village or is anneeed to or eecomes a part of the territory of another municipality, the municipality into which such territory is incorporatee or to which such territory is annexed shall assume the proper proportionate share of tne contractual obligations fincluding the pledge of full faith and credit) of such Municipality, which proper proportionate share shall be fixed and determined by the County Agency and shall be binding upon all parties concerned unless, within sixty (60) days after such incorporation or annexation becomes effective, tne governing body of the Commissioners Minutes Continued. June 28, 1990 231 municipality into which sucn territory is incorporated or to welch such territory is annexed and the governing body of such Municipality shall by mutual egreement and with the written approval of the County Agency fix and determine sea proper proportionate share. The County Agency shall, prior to making such determination ., receive a . written recommeneatioe as to the proper proportionate share from a committee composed of one representative designated by the governing body of such Municipality, One designated by tne governing hoc)/ of tne new municipality or the municipality annexing such territory, and one independent registered engineer appointed by the County Agency. Each governmental unit shall appoint its representative within fifteen (15) days after being notified to do so by the County Agency and within a like time the County Agency shall appoint the engineer third member. If any such representative (other than the appointee of the County Agency) is not appointed within the time above provided, tnen the ceunty Agency may proceed without said recommendation. If tne committee snail not make the recommendation within forty-five (45) days after its appointment or within any extension thereof by the County Agency; then the County Agency may proceed without such recommendation. 13. This Contract is contingent upon the County issuing its negotiable bonds; as herein provided; to defray sucn part of the total estimetee cost of the Project as is necessary to be financed, which bonds shall be issued under the authorization provided in Section 5a, SI> and Sc of Act 342. Interest on the bonds may be capitalized and paid from the bonds proceeds for a.period not exceeding the estimated construction period and one year thereafter. In the event that the bonds are not issued within three years from the date of this Contract, then unless extended by mutual agreement it shall become null and void; except that the Municipalities shall pay all engineering; legal and other costs and expenses tneretofore incurred in tne percentages set forth in Exhibit C and shall be entitled to all plans, specifications and other engineering data and materials. 14_ Upon completion Co4 the Project the County and the Municipalities hereby agree that the operation and maintenance of all of the facilities of the Systems shall be carried on and continued in the same fashion and manner as integral parts of the Systems as are now in existence and in effect pursuant to the Evergreen Agreement and the Farmington Agreement, with costs thereof billed; collected and paid as at present. If a grant; advance or cayment becomes available from the state or feaerel governments or any other source; each Municipality nereby agrees to adopt such resolution or ordinances as may be required by state or federal laws; regulations or orders to maxe the County and tne Project and the Systems eligible to accept and receive the grant; .advance or payment, and if the terms of the grant, aevance or payment require a local contribution; each Municipality hereby agrees to raise and make such local contribution. It is anticipated between the parties hereto that the Project to be built shall qualify for a federal grant in accordance witn 40 Code of federal Regu'iations, Part 35.210B. For purposes of financing the Project; it is anticipated that the Project snail be eligible for federal grants as noted on Exhibit B. The applicant, Oakland County; in accordance with the requirements of said 35.2105, agrees to complete the Project regardless of whether or net grant funding is available for the Project, in accordance with the requirements of said 35.210B. 15. The County shall have no obligation or responsibility for providing sewers or sewage disposal facilities except as herein expressly provided with respect to the acquisition of the Project or as otherwise provided by contract. The Municipalities shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the Systems by constructing or extending sewers or related facilities; connecting the same to the Systems, and otherwise improving the Systems. It is expressly agreed, nevertheless; that RO such connection (other than individual unit tap-ins) shall be made to the Systems and no improvemeets; enlargements or extensions thereof shall be made without first seeurine .e permit therefor from the County Agency. Any such permit may be made conditional upon inspection, and approval of new construction by the County Agency. It is further agreed that the Systems shall be used for collection and Conveyance of sanitary sewage only and that the Municipalities ehall take all necessary action to prevent entry into the Systems of storm waters and also to prevent entry of sewage or wastes of such a character as to be injurious to the Systems or to tne public nealth and safety. 16. All powers, duties and functions vested by this Contract in the County shall be exercised and performed by the County Agency, for and on tehalt of the County, unless otherwise provided by law or in this Contract. 17. The parties hereto recoenize that the holders from time to time of the bonds to be issued by the County ender the provisions of Act 34Z, and secured by the full faith and credit pledge of the each of the Municieelities to the making of its paynents as set forth in this Contract, will have contractual rights in this Contract, and it is therefore covenanted and agreed that so long as any of said bonds shall remain outstanding and unpaid, the provisions of this Contract shall not be subect to any, alteration or revision wnich would in any manner adversely affect either the security of the bonds or the prompt payment ef principal or interest tnereon. Tht right to make changes in tells Contract; by amendment; supplemental contracts or otherwise; i! nevertheless reserved insofar as tne same do not nave such adverse effect. The parties herets further ccvenant and agree that they each will comply with their respective duties and obligation: under the terms of this Contract pmptly; at the times and in the meener herein set forth and wil - not suffer to be done any act which would in any way impair the contract of said bonds, the securitl therefor; or the prompt payment of principal and interest thereon. It is hereby declared that the 232 Commissioners Minutes Continued. June 28, 1990 terms of this Contract and of any amendatory or supplemental contract and any contract entered into pursuant hereto; insofar as they pertain to said bonds or to the payment of the security thereof; shall be Geemed to be for the Cleaefit cf the holaers of said bones. 18. The County Agency shall prepare, with the aid of its consultants; suah covenants; representations and warranties and have adopted by officials of axe Ceunty and the Municipalities auch procedures for construction, accounting, payment and operating as are necessary to comply with tne requirements of State and federal law in order to. create anc maintain the obligations of the Municipalities and the County under tnis Contract anC with respect to the bonds as valid and binding obligations and in order to create and maintain the bonds as tax-exempt obligations under State and federal income tax law. Such covenants; representations and warranties and such procedures shall be evidenced by and set forth in certificates or resolutions prepared for the County Agency which the Municipalities and the County all hereby agree to approve; execute and adopt at or prior to issuance and delivery of any bons. 19. In the event that any one or more of the provisions of this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect; such invalidity; illegaility or unenforceability shall not affect any athen provisions hereof, but his Contract shall be construed as if such invalid; illegal or unenforceable provision has never been contained herein. 20. This Contract shall became effective upon its execution by each party hereto and the expiration of 45 days after the date of publication of the notices required by Section 5b of Act 342; provided; however, that if; within the 45-day period; a proper petition is filed with the Clera of any Municipality in accordance with the provisions of said Section 5b of Act 342 then this Contract shall not become effective until approved by the vote of a majority of the electors of such Municipality qualified to vote and voting thereon at a general er special election. If a notice is not required by Section 5b of Act 342 for any Municipality this Contract shall be effective upon its execution by such Municipality. This Contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided. however, that it shall not - be terminated at any time prior to the payment in full of the principal of and interest or the County bonds together will all .bond service charges pertaining to said bonds. This contract may be executed in several counterparts. The provisions of this Contract shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed and delivered by the undersigned; being duly authorized by the respective governing bodies of such parties, all as of the day and year first above written. TOWNSHIP OF WEST BLOOMFIELD CCUNTY OF OAKLAND -By: By: Supervisor And: (County Agency) Thwrtship Clerk CITY OF ORCHARD LAKE VILLAGE By: Mayor -And: City Clerk CITY OF SOUTHFIELD By: Mayor . And: 'City Cierk CITY OF FARMINGTON HILLS By: Mayor 'And: City Clerk 3. CONFLICTING RESOLUTION. All resolutions and parts oi resolutions insofar as they may be in conflict herewith are hereby rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Chester the resolutioa be adopted. -AYES: Caddell; Chester; Crake, Gosling; Huntoon, aensen; Johnson, R. Kuhn, Law; McConnell, McCulloch, McPherson, Moffitt; Oaxs, Olsen; Pappageorge; Pernick; Price, Rewold; Saarritt, Aaron, Bishop. 122) NAYS: None, (0) A sufficient majority having vote therefor, the resolution was adopted. 233 Commissioners Minutes Continued. June 28; 1990 Misc. 40157 By Planning and Building Committee IN RE: Draih Commissioner .-'RESOLUTION 70 APPROVE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS POLLUTION CONTROL FACILITIES -- SEGMENT II-STAGE 5, STAGE 8 AND SSES REHABILITATION CONTRACT To the Oakland County Board of Commissioners • Mr. Chairperson; Lathes and Gentlemen: WHEREAS the County of Oakland (the %pulley") has heretofore established and constructed and acquired the Evergreen Sewage Disposal System pursuant to the Evergreen Sewage Disposal System Agreement; dated Novemner 10; l95e. as amended; to serve the Evergreen Sewage Disposal District, within such district lie pert of the City of Southfield and the village of Beverly Hills (collectively; the "Municipalities"); and WHEREAS -:the County has neretofere established and constructed and acquired the Farmington Sewage Disposal System pursuant to the Farmineton Sewage Disposal System Agreement; dated Novemeer 1, 1957, as amended; and WHEREAS tee State of Michigan Department of eateral Resources designated the areas and districts served by theEverereen Sewage Disposal System and tne Farmington Sewage Disposal System as a single plan of study area for the purposes of Step I Facilities Planning; and WHEREAS the County established under and pursuant to Act No. 342; Public Acts of Michigan; 1939; as amended (the "Act 342), a system of sewage disposal improvements and services to serve the Evergreen Sewage Disposal District and the Farmington Sewage Disposal District; wnich system as so established was designated as the "Evergreen and Farmington Sewage Disposal Systems" and the Oakland County Drain Commissioner was designated and appointed as tne 'county agency" for tne Evergreen and Farmington Sewage Disposal Systems with all the powers and duties with respect to said system as are provided by law and especially by Act 342; and WHEREAS it is now necessary to improve, enlarge aec extend the Evergreen and Farmington Sewage Disposal Systems by the acquisition and construction of the hereinafter described Evergreen arid Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment II-Stage 5, Stage B and SSES Rehabilitation Contract; and WHEREAS by the terms of Act 342; the County and the Municipalities are authorized to enter into a contract for the acquisitioes construction and financing of the Evergreee and Farmington Sewage Cisposal Systems Pollution Control Facilities -- Segment II-Stage 5, Stage B and SSES Reha- bilitation Improvements consisting of sewage disposal and pollution control facilities to serve the Municipalities and for the payment of the cost thereof by the Municipalities; witn interest; and the County is then authorized to issue its bonds to provide the funds necessary therefor; and WHEREAS there has been suemitted to this Boaro of Comissioners a proposed contract between the County; by and through the County Drain Commissicner; County Agency; party of the first part; and the Municipalities, parties of the second part (the "Contract"); which Contract provides for the acquisition; construction aid financing of enlargements; additions and improvements to the Evergreen and Farmington Sewage Disposal Systems as oescribed in Exhibit A to the Contract (the "Project"); and which Contract is nereinafter set forth in fen; and . WHEREAS there have also been submitted for approval and adopted by this Board of Commissioners; preliminary plans; specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS the Contract provides for the issuance hereafter of bonds by the County to defray part of the cost pf the Project; said bonds to be secured by tne contractual obligations of the Municipalities to pay to the County amounts sufficient to pay the principal of and interest on the hereafter authorized bonds and to pay such paying agent fees and other expenses as may be incurred GP account of said bonds; and WHEREAS this Board of nowaiseioners desires, to proceed with the gseablisnment of this Project and the approval and execution of the Contract to aceuire, construct and finance the Project as provided in the Contract. THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAWD COUNTY, MICHIGAN, as follows: 1. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF CeUNTY AGENCY. This Bout of CoMmissioners by majority vote of its members-elect does hereby aetnorize and direct that there be established, and there is hereby established; under and pursuant to Act 342; sewage disposal facilities to be known as the 'Evergreen and Farmiogton Sewage Disposal Systems Pollution Control Facilities -- Segment II -Stage 5; Stage B and SSES Rehabilitation Improvements," which shall consist of enlargements; additions anti improvements to the Evergreen and Farmington Sewage Disposal Systems, as specified and to be located as shown in Exnibit A to the Contract; that the Preselect snail serve the Municipalities; that the Oakland County Drain Commissioner is hereby designated arid appointed as the 'County Agency" for the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment II-Stage 5, Seaye B and SSES Rehabilitation Improvement; that the County Agency shall have all the powers and duties with respect to the Evergreen and Farmington Sewage tisposal Systems Pollution Control Facilities -- Segment Il-Stage 5; Stage 8 and SSES Rehabilitation Improvements as are provited by law aed especially by Act 342; and tnat all obligations incurred by the County Agency with respect to the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment II-Stage 5, Stage B and SSES Rehabilitation ImproveMentS, Unless otherwise authorized by this Board of Commissioners; shall be payable solely from funds derived from the Municipalities as hereinafter provided. 234 Commissioners Minutes Continued. June 28, 1990 2, PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary p ens an' speci ications or the Project .an, ne estimates o Se; 9,001 as the cost thereof and of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners be and the same are hereby approved and adopted. 3. APPROVAL OF CON1RACT. -Pie Evergreen and Farmington Sewage Disposal System Pollution , eentrol Facilities -- Segment I1 -Stage 5; Staee B and SSES Rehabilitation Contract dated as of September •; 1989; between the County, by and through the County Drain Commissioner, party of the first part; and the Municipalities, parties of the second part, whicn Contract has been submitted tc this Board of Commissioners; be mid the same is hereby approved and adopted; and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable; after the Contract has been executed by the appropriate officials of the Municipalities. The Contract reads as follows: EVERGREEN AND FARMINGTON SEWAGE DISPe5Ae SYSTEMS POLLUTION CONTRDL FACILITIES -- SEGMENT :I-STAGE 5, STAGE B AND SSES REHABILITATION CONTRACT THIS AGREEMENT; made as of this 1st day of September; 1989, by and between the COUNTY OF OAKLAND; a Michigan county corporation (nereinafter sometimes referred to as the 'County'), by and through its County Drain Commissioner (hereinafter referred to as tne ''County Agency"), party of the first part; and the VILLAGE OF BEVERLY HILLS and the CITY OF SOUTHFIELD; municipal corporations in the County of Oakland (hereinafter sometimes collectively referred to as the "Municipalities" and individually as a 'Municipality"), parties of the second part: WITNESSETH: WHEREAS the Oakland County Boarc of Supervisors by Resolution; Misc. No. 3269; adopted on August 12; 1957, as amended by Resolution, Misc. No. 3435, adopted on October 13; 1958; did approve of establishment of the Evergreee Sewage Disposal System to serve the Evergreen Sewage Disposal District; and WHEREAS pursuant to the Evergreen Sewage Disposal System Agreement; dated November 10; 1958; as amended by ameneatory agreements dated December 22, 1958 and February 9, 1959; all between the County of Oakland and the Cities of Birmingham; Bloomfield Hills, Lathrup Village; Troy and Southfield; the Village of Westwood (now the Village of Beverly Hills) and the Townships of Bloomfield and Pontiac (now the City of Auburn Hills); municipal corporations in the County; the County; acting through ite Department of Public Works; did acquire tne original Evergreen System and dee' finance such acquisition by the issuanee of bonds in anticipation of payments to be made by said Municipal corporations to the County in accordance with the provisions of said agreement; as amended (herein referred to as the "Evergreen Agreement'); and WHEREAS the Oakland County Board of Supervisors; by resolution; Misc. No. 3270, adopted August 12, 1957; as amended by resolution, Misc. No. 3339; adopted January 24, 1958; did approve the establishment of the Farmington Sewage Disposal System to serve the Farmington Sewage Disposal District; and • WHEREAS pursuant to the Farmington Sewage Disposal System Agreement, dated November 1, e957 as amended by amendatory agreements dated December 22, 1958; and February 9, 1959, all eetween the County and the Cities of Southfield and Keege Herber and the Townships of Vest Bloomfield and Farmington (now City of Farmington Hills); municipal corporations in the County; the County acting through its Department of Public Works; did acquire the original Farmington Sewage Disposal System and did finance such acquisition by tne issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said Agreement, as amended (herein referred to as tne "Farmington Agreement"); and WHEREAS by annexation of part of the former Township of Farmington the City.of'Farmington has become a user of the Farmington Sewage Disposal System and has area included in the Farmington Sewage Disposal District; and WeeREA5 by contractual relationships with members of the Farmington Sewage •Disposal System, the City of Sylvan Lake and the City of Orchard Lake Village have become users of the Farmington Sewage Disposal System; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by tee Oakland County Evergreen and Farmington Sewage Disposal Systees ae asiuele plan of study area for the purposes of Step I Faeilities Planning and determined that there is a need to obtain studies, reports, plans and estimates for the abatement of pollution; control of pollutants and polluting discharges, and the relief of both the Evergreen and Farmington Sewage Disposal Systems; and WHEREAS the County established under and pursuant to Act No. 342, Public Acts of Michigan, 1939; as amended, a system of sewage disposal improvements and services to serve the areas and the districts heretofore designated and described. in Oakland County; Michigan; in Resolutions No. 3269, 3435 and 4115 as the Evergreen Sewage Disposal District and in Resolutions No. 3270 and 3339 as the Farmington Sewage Disposal District, whieh system as so establisned was designated as the "Evergreen. and Farmington Sewage Disposal Systems" (hereinafter referred to as the "Systems") and the Oakland County Drain Commissioner was designated and appointed as the "County Agency" for the Systems as provided by law and especially by said Act 342; an WHEREAS under and subject to the terms of Act 342; the County is authorized; through the County Agency; to acquire and construct the sewage disposal improvements and pollution control Commissioners Minutes Continued. June 28, 1990 235 facilities hereinafter described as part of the Systems; the County and the Municipalities are authorized to enter into a contract; as hereinafter provided; for the acquisition and construction of the improvements and facilities by the County and for financing all or part of the eost thereof by the issuance of bonds by the County secured by the pledge of the full faith and credit of the Municipalities to pay such cost with interest to the County in installments extending over a veriest not exceeding forty (40) years, and the County is authorized to issue such bonds and; if authorized by majority vote of the membere-elect of the Boerd of Commiseioners; to pledge its full faith and credit for the payinent'.oe such bonds and the interest thereon; and eheReAS there is an urgent need for such sewage disposal improvements and pollution control facilities to provide the means of collecting and disposing of sanitary sewage originating in tne Municipalities; in order to abate pollution of the waters of the Municipalities and thus to promote the health and welfare of the residents tnereof, which improvements and facilities would likewise benefit the County and its residents; and the eartits hereto have concluded that such improvements and facilities can be most economically and efficiently provided and financed by the County through the exercise of the powers conferred by Act 342, aid especially Sections Se; 5b and 5c thereof; and WHEREAS the County and the Municipalities desire to proceed with the acquisition and construction of improvements and facilities using a combination of federal and state grant moneys and local funds as needed for the proposed project as shown on Exhibit A hereto attached (tee 'Project"), for which Project contractual arrangements for cesien; construction and financing are required only with the Municipalities among all of the parties named hereinabove as participants in and users of the Systems; and WHeREAS the County Agency has obtained prelininery plans for the Project and also an estimate of 3,S19;000 as tne total cost of the Project and an estimate of forty (40) years and upwards as the period of usefulness thereof, all of which have been prepared by Hubbell, Roth & Clare, 'lee. (hereinafter sometimes referred to as the fl eonsulting Erigineers') submitted herewith for approval by tne Board of Commissioners of the County and the gaverning bodies of the Municipalities and will be placed on file in the office of the County Aeeecy; said estimates being set forth in Exhibit B hereunto attachee; ane WHEREAS in order to provide for the acquisition and construction of the Project by the Cdunty and the financing of the cost thereof by the issuance of County bonds, and for other related matters, it fs necessary for the Parties hereto to enter into this Contract. THEREFORE IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as follows: 1. The parties nereto hereby approve and agree to the establishment, acquisition; construction and financing of the Project as herein provided, under and pursuant to Act 342. Each Municipality; by way of compliance with Section 29; Article VII of the MI:Mean Constitution of 1953; consents and agrees to the establisnment and location of the Project within its corporate boundaries and to the use by the county of its streets; highways; alleys, lands, rights-of-way or otner public plates for the purpose an facilities of the Project and any improvements; enlargements and extensions thereof, and each Municipality further agrees teat; in order to evidence and effectuate the foregoing agreement and consent; it will execute and deliver to the County such grants of easement, right-of-way, ;icense; permit or consent as may be requested by the County. 2, The Project shall consist of enlargements -, additions and improvements to the existing sewage treatment facilities and sanitary sewers and relate( facilities as described and shown on Exhibit A which is attached hereto arid which is herepy made e part hereof; and as are more particularly set forth in the preliminary plans which have been prepared and submitted Dy the Consulting Engineers which plans are on file with the County Agency and are hereby approved and adopted. The Project shall be acquired and constructed substantially in accordance with the preliminary plans amid in accordance with final -plans and specifications to be prepared and submitted by the Consulting Engineers, but variations therefrom which cc not materially change the location; capacity or overall design of the Projeet; and which do not require an increase in the total estimated cost of the Project, may be permitted on the autnority of the County Agency. Other variations or changes may be made it approved by the County Agency and by resolution of the eoverniee body of each Municipality and if provisions required ey paragraph (e) hereof are made for payment or financing of any resulting increase, in the total estimated cost. The estimate of cost of the Project and the estimate of period of usefulness thereof as set forth in Exhibit B are likewise hereby approved and adopted. 3. The County Agency snail take or cause to be taken all actioes required or necessary, in accordance with Act 342; to procure the issuance and sale of bonds by the County; in one or more series; in whatever aeereeate principal amount is necessary to be so financed to defray that pare of the total cost of the Project whicn is in excess of funds available froe federal and/or state grants or other sources. Such bonds sheer be issued in anticipation of, and be payable primarily from, the payments to be made by the Municipalities to the County in the percentages as provided in Exhibit C which is attached hereto and which is hereby made a part hereof, and shall be secured secondarily; if so vote by the Board of Commissioners of the county; by the pledee of the full faith and credit of the County, and the said bonds shall be payable in annual eaturities the last of which shall be not more than forty years from the date thereof. 4. The County Agency shall obtain and accept an offer of grant by the EPA/DNR for the Project, proceed to tae coestructien bids for the Project ane, subject to the sale and delivery of said bonds; enter into construction contracts With the lowest responsive and responsible bidder or 236 Commissioners Minutes Continued. June 28, 1995 bidders; procure from the contractors all necessary and proper bonds arid insurance; cause the Project to be constructed within a reasonable Time, and do all other things required by . this Contract and the laws of the State and the United States of America. All certificates for required payments to contractors shall be approved by the Consulting Engineers before presentation to the County Agency and the latter shall be entitled to rely on such approval in making payment. The County hereby agrees that it will secure and maintain, or cause to be secured and maintained -, during the period of construction adequate property damage and public liability insurance covering all facilities to be constructed pursuant to tnis Contract. All policies and memorandums of insurance shall provide that the County and the Municipalities shall be insured parties thereunder and shall contain a provision requiring that each Municipality be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with each Municipality. 6. It is understood and aereed by the parties hereto that the Project is to serve the Municipalities and not the individual property owners and users thereof; unless by special arrangement between the County Agency and the governing body of the Municipality wherein such property is located. The responsibility of requiring connection to ane use of the Project and/or providing such additional facilities as may be needed shall be tnat ef the Municipality wherein such property is located and such Municipality shall cause to be constructed and maintained; directly or through the County; any such necessary additional facilities. The County shall not tie obligated to acquire or construct any facilities other tnan those designated in paragraph 2 hereof. 6. The Municipalities shall pay to the County their respective shares of the total cost of the Project (less such funds as may become available from federal and/or State grants or from other sources), which total cost for tnis purpose shall incluee, in addition to the items of the nature set forth in Exhibit B (represented by the principal amount of the bonds to be issued by the County plus such funds as may beeome available from federal and/or State grants or ether sources); all interest payable by the county on said bones and all paying agent tees and other expenses and charges (including tee County Agency's administrative expenses) whicn are payable on account of said bonds (such fees, expenses and charges being herein called "pone service charges °). The cost of the Project is hereby allocated to the Municipalities in accordance with the percentages set forth in Exhibit C. Such payments of each Municipality shall be made to the County in annual installments which shell be due and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal maturity date thereof. Such an annual installment of each Municipality shall be se paid in each year if any principal and/or non-capitalized interest on said bonds falls due during the twelve -month period beginning on such principal maturity date in said year, and the amount of each installment of each Municipality so due and payable shall be at least sufficient, when added to the amount of the installments of the other Municipalities so due and payable; to pay all such principal and/or interest thus falling due and all bond service charges then due and payable, The County Agency shall; within thirty days after delivery of the County bonds to the purchaser; furnish the Treasurer of each Municipality with a complete schedule of the principal and interest maturities thereon, and the County Agency shall also; at least thirty days before each payment is due to be maee by each Municipality, advise the Treasurer of each Municipality of the amount payable to the County on sucn date. If a Municipality fails to make any payment to the County when due. the same shall ee subject to a penalty of it thereof for eace month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as aoove required shall not excuse a Municipality from the obligation to make payment when due. Suer' payments shall be made by each Municipality when due whether or not the Project has then been completed or placed in operation. In the event that additional County bonds shall be issued under the authority of this Contract to defray a part of the cost of the System, the fo.egoieg obligationsashall apply- to .suce part of the .cost and to said additional bonds insofar as appropriate thereto. 7, A Municipality may pay in advance any one or inure of its installments or any part thereof payable to the County pursuant to this Contract (a) by surrendering to the County any of said County bonds of like principal amount maturing in the same calendar year; or (b) by paying to the County in cash the principal amount of any County bonds which are subject to redemption prior to maturity, plus all interest thereon to the first date upon whicn such bonds may be called for redemption, and plus all applicable cal) premiums anc bond service charges, and in such event the County Agency shall call said bonds for redemption at the earliest possible date; provided, however, that such advance payment and credit therefor shall be limited in amount at any given time to the amount of bonds available for purchase or redemption by call within the twelve-month period succeeding the date of the advance payeget.' The installments or parts thereof so prepaid shall be deemed to be the installments or parts thereof falling due in the same calendar year as the maturity dates of the bonds surrendered or called for redemption ane bonds so surrendered or redeemee shall be cancelled. 8. In the event that it shall become necessary to increase the estimated cost of tee Project as hereinbefore stated, or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or changes permitted to be made in the approved plans or otherwise, then (without execution of any further contract or amendment of this Contract) the governing bodies of the Municipalities may; Cy resolution adopted within fifteen days after the receipt of construction bids; direct that a portion of the Project be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cost as hereinbefore stated Commissioners Minutes Continued, June 28; 1990 237 by more than 5%; provided that such deletion shall not materially change or terminate the eligibility of the Project for federal and/or state grants, or materially change the general scope, overall design and purpose of tne Project. In the absence of the adoption of such resolution the Municipalities shall pay or procure the payment of the increase or excess in cash; or County banns in an increased or additional amount shall (upon adoption of an authorizing resolution therefor by the Board of Commissioners of the County) be issued to defray such increased or excess eost, to the extent that funds therefor are not available from other sources; provided; however; teat no such increase or excess shall be approved and no such increased or additional County bonds shall be authorized to be issued; nor shall the County enter into any contract for acquisition or construction of the Project or any part thereof or incur any obligation for or pay any item of cost therefor; where the effect thereof would be to cause the total cost of the Project to exceed by more than 5% its total estimated cost as hereinbefore stated, unless the governing body of each Municipality shall have previously adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall be paid or its payment procured by the Municipalities in cash or be defrayed by the issuance of increased or additional County bonds in anticipation of increased or additional payments agreed to be made by the Municipalities to the County in the manner hereinbefore provideo; provided; further; that the adoption of such resolution by tee governing body of each Municipality shall not be required prior to or as a condition precedent to the issuance of additional bonds by the County if the County has previously issued or contracted to sell bonds to pay all or part of the coat of the Project and the issuance of the additional bonds is necessary) as determined by the County), to pay such increased, or excess costs as are essential to completing of the Project according to the plans as last approved prior to the time when the previous bonds were issued or contracted to be sold. 9. In the event that the actual cost of the Project is less than the total estimated cost, then any surplus available to the County from the sale of County bonds; at the option of the governing bodies of the Municipalities shall be used to improve; enlarge or extend the Systems; to apply upon future payments due to the County; to redeem bonds or to purchase bonds on the open market; provided that such surplus shall be used to improve; enlarge or extend the Systems only if authorized by the Board of Commissioners of the County. Any such surplus may; for the purpose of improving; enlarging or extending the Systems; be supplemented by cash payments to be made by the Municipalities; or such improvements; enlargements or extensions may be financed entirely from such cash payments; where authorized oy tne governing bodies of the Municipalities. Where any such surplus is used to redeem or purchase bonds; the same shall be cancelled; and the payments thereafter required to be made by the Municipalities to the County shall be reGuced so as to reflect the resulting saving of interest and the payment required to be Face in the calendar year of the stated maturity of said bonds shall ee reduced by the principal amount thereof. 10. Should a Municipality fail for any reason to pay the County at the times specified; the amounts herein required to be paie; such Municipality aces hereby authorize the State Treasurer or other official charged with tne disbursement of unrestricted state funds returnable to such Municipality pursuant to the Michigan Constitution to witnhold sufficient funds to make up any default or deficiency in funds. If the full faith and credit of the County is pledged for the prompt payment of the principal of and interest on the bonds to be issued by the County and if the County is required to advance any money by reason of such pledge on account of the delinquency of such Municipality; the County Treasurer is hereby authorized to notify the State Treasurer to deduct the amount of money so advance by the County from any unrestricted moneys in the State Treasurer's possession belonging to such Municipality and to pay such amount to the County. The foregoing shall not operate to limit tne County's right to pursue any other legal remedies for the reimbursement of muneys advanced on account of the default of such Municipality. 11. Each Munieipality, pursuant to the .authorization of Section 5a of Act No. 342, hereby pledges its full faith and credit for the prompt and timely payment of its obligations expressed in this Contract and each year shall levy a tax in an amount which; taking into consideration estimated delinquencies in tax collections; will be sufficient to pay its obligations under this Contract becoming due before the time of the following year's tax collections; provided, however, that if at the time of making its annual tax levy; a Municipality shall have on hand in cash other funds (including but not limited to funds from special assessments, user charges or connection fees) which have been set aside and pledged or are otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection, then the annual tax levy may be reduced by such amount. The ability of each Municipality to levy taxes is subject to constitutional, statutory and charter limitations. The governing body of each Municipality shall each year, at least 90 days prior to the final date provided by law for the making of the annual tax levy of the Municipality; suLmit to the County Agency a written statement setting forth the amount of its obligations to the County which become due and payable under this Contract prior to the time of the next following year's tax collections, the amount of the funds which the Municipality has or will have on hand or to its credit in the hands of the county which have been set aside and pledged for payment of said obligations to the County; and the amount of the taxes of the Municipality next proposed to be levied for the perpose of raising money to meet such obligations. The County Agency shall review such statement promptly and, if he finds that the propoeed tax levy is insufficient; he shall so notify the governing body of the Municipality ., and each Municipality hereby covenants and agrees that it will thereupon increase its levy to such extent AS may be required by the County Agency. 238 Commissioners Minutes Continued. June 28; 1990 • 12. No change in the jurisdiction over any territory in any of tie Municipalities shall in any manner impair the obligations of this Contract or affect the obligations of the Municipalities hereunder. In the event that all or any part of the territory of any Municipality is ineorporatee as a new city or village or is _ annexed to or becomes a part of the territory of another municipality; the municipality into which_ eech territory is incorporated or to which such territory is annexed shall assume the proper proportionate share of the eontractual obligations (including the pledge of full faith and credit) of suCh Municipality, which proper proportionate share shall be fixed and determined by the County Agency and shall be binding upon all parties aoncerned unless; within sixty (60) days after such incorporation or annexation becomes effective, the governing body of the municipality into which such territory is incorporated or to which soon territory is annexed and the governing bedy of such Municipality shall by mutual agreement and with the written approval of the County Agency fix anc determine such proper proportionate share. The County Agency shall; prior to making such determination, receive a written recommendation as to the preaer proportionate share from a committee composed of one representative designated by tie governing body of such Municipality; one designated by the governing body of the new municipality or the municipality annexing such territory, and one independent registered engineer appointed by the County Agency. Each governmental unit shall appoint its representative within fifteen (15) days after being notified to do so by the county Agency and within a like time the County Agency shall appoint the engineer third member. If any sucn representative (other tnan the appointee of the County Agency) is not appointed within the time above provided, then tne County Agency may proceed without said recommendation. If the committee shall not make. the recommendation within. forty-five (45) days after its appointment or within any extension thereof by the County Agency; then the County Agency may proceed without such recommendation. • 13. This Contract is contingent upon the County issuing its negotiable bonds, as herein provided; to defray such part of the total estimated cost of the Project as is necessary to'be financed, whicn bonds shall be issued under the authorization provided -;r1 Section 5a; 5b and 5c of Act 342. Interest on the bonds may be capitalizea and paid from the bond proceeds for a period not exceeding the estimated construction period and one year tnereafter. In the event that the bonds are not issued within three years from the date of this Contract; then unless extended by mutual agreement it shall become null ant void, except tnat the Municipalities shall pay all engineering, legal and other costs and expenses theretofore incerred in the percentages set forth in Exhibit C and shall oe entitled to all plans; specifications and other engineering data and materials. 14. Upon completion of the Project the County and the Municipalities hereby agree thatthe operation and maintenance of all of the facilities of the Systems shall be carried on and continued in tne same fashion and manner as integral parts of the Systerhs as are now in existence and in effect pursuant to the Evergreen Agreement and the Farmington Agreement, with costs thereof billed, collected and paid as at present. if a grant, advance or payment becomes available from the state or federal governments or any other source, each Municipality hereby agrees to adopt such resolutions or ordinances as may be required by state or federal laws, regulations or orders to make the county and the Project and the Systems eligible to accept and receive the grant, advance or payment, and if the terms of the grant, advance or payment require a local contriution, each Municipality hereby agrees to raise and make such local contribution. It is anticipated between the parties hereto that the Project to be built shall qualify for a federal grant in accordance with 40 Code of federal Regulations; Part 35.2108. For purposes of financing the Project, it is anticipated that the Project shall be eligible for federal grants as noted on Exhibit B. The applicant, Oakland County; in accordance with the requirement of said 35.2108; agrees to complete the Project regardless of whether -or not grant .funding is available for the Project, in accordance with the requirements of said 35.2108. 16. The County shall have no obligation or responsibility for providing sewers or sewage disposal facilities except as herein expressly provided with respect to the acquisition of the Project or as otherwise provided by contract. The Municipalities shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the Systems by constructing or extending sewers or related facilities, connecting the same to the Systems, and otherwide improving the Systems. It is expressly agreed, nevertheless; that AO such connection (other than individual unit tap -ins) shall be made to the Systems and no improvements, enlargements or extensions thereof shall be made without first securing a permit therefor from the County Agency. Any such permit may be made conditional upon inspection and approval of new construction by the County Agency. It is further agreed that the Systems shall De used for collection and conveyance of sanitary sewage only and that the Municipalities shall take all necessary action to prevent entry into the Systems of storm waters and also to prevent entry of sewage or wastes of such a character as to be injurious to the Systems or to the public health and safety. 16. All powers, duties and functions vested by this Contract in the County shall be exercised and performed by the County Agency, for and on benalf nt the County, unless otherwise provided by law or in this Contract, 17. The parties hereto recognize that the holders from time to time of the bonds to be issued by the county under the provisions of Act 342; and secured by the full faith and credit pledge of each of the Municipalities to the making of its payments as set forth in this Contract, Commissioners Minutes Continued. June 28, 1990 will have contractual rights in this Contract, and it is therefore covenanted and agreed that so long as any of said bonds seall remain outstanding and unpaid, the provisions of this Contract shall not be subject to any alteration or revisior which would in any manner adversely effect either the security of the bonds or the prompt payment of principal or interest thereon. The right to make changes in this Contract, by amendment, supplemental contracts or otherwise, is nevertneless reserved insofar as the same do not have such adverse effect. The parties hereto further covenant and agree that they each will comply with their respective euties and obligations unCer the terms of this Contract promptly, at the times and in the manner herein set forth, and will rot suffer to be done any act which would in any way impair the contract of saie bonds; the security therefor; or the prompt payment of principal and interest thereon. ;t is hereby declared that the term of this Contract and of any amendatory or supplemental contract and any contract entered into persuant hereto, insofar as they pertain to said bonds or to the payment or the security thereof, shall be deemed to be for the benefit of tie holders of said bends. 18. The County Agency sheer prepare, with the aid of its consultants; such covenants, representations and warranties and have aeoptec by officials of the County and the Municipalities such procedures for construction, accounting; payment and operating as are necessary to comply with the requirements of State and federal law in order to create and maintain the obligations of the Municipalities and the County ender this Contract and with respect to the bonds as valid and . hinding obligations and in order to create and maintain the tones as tax-exempt obligations under . Sate and federal in tax law. Such. covenants; representations -and een-aneles and such procedures shall be evidenced by and set feet in certificates or resolutions prepared for the County Agency weich the Township and the County all hardly agnee to aprove, execute and adopt ator prior.to issuance ano delivery-of Any bonds. . le, In the event that any one or more ot the provisions or this Com:race shall for any reason be held to be invalid, illegal or unenforceable in any respect; such invalidity, illegality or unenforceability shall not affect any other provisions hereof; but this Contract shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein. 20. This Contract shall become effective upon its execution by each party hereto and the expiration of 45 days after tee date of publication of the notices required by Section Sb of Act 342; provided; however, that if, within tie 45-day period, a proper petition is filed with the Clerk of any Municipality in accordance with the proyisions of said Section 5b of Act 342 then this Cdntract shall not income effective until approved by the vote of a majority of the electors of such Municipality qualified to vote and voting thereon at a general or special election. This Contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided; however, that it small not be terminated at any time prior to the payment in full of the principal of arm interest on the County bonds together with all bond .service charges pertaining to said bonds. This Contract may be executed ir several counterparts. The provisions of this Contract shall inure to the benefit of and be binding Jean the successors and assigns of the parties hereto. 21. The Agreement -- Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities Beverly Hills, dated as of February 1, 19B8, between the County and the Village of Beverly Hills is hereby cancellee and totally replaced by this Contract. IN WITNESS WHERE07, the parties hereto have caused this Contract to be executed and delivered by the undersigned, beine culy authorized by the respective governing bodies of such parties, all as of the day and year first above written. CITY OF SOUTHFIELO CCUNTe OF OAKLAND By By: Mayor county Drain Commissioner (County Agency) PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Aaron the resolution be adopted. AYES: Chester, Crake, Gosling; Huntoon, Jensen; Johnson; R. Kuhn; Law, McConnell; McCulloch, McPherson; Moffitt, Oaks, Olsen; Pappageorge, Pernick, ?rice; Rewold, Skarritt, Aaron, Bishop, Caddell. (22) NAYS: None. (G) A sufficient majority having voted therefor, the resolution was adopted. 239 And: • • - . City Clerk VILLAGE OF BEVERLY HILLS By: President And: viiiage e'en Mr. Chairperson, on behalf of tne Planning and Building Committee; I move adoption of ehe foregoiue resoluton. 240 Commissioners Minutes Continued. June 2E, 1990 Misc, 90158 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO APPROVE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS POLLUTION CONTROL FACILITIES -- SEGMENT I-STAGE 2 - SEGMENT II - ARMS J AND K - LOCAL RELIEF SEWERS AND SSES REHABILITATION CONTRACT o the Oakland County Board of Commieeioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS the County of Oakland (tne "County") has heretofore establisned and constructed and acquired the Evergreen Sewage Disposal System pursuant to the Evergreen Sewage Disposal System Agreement, Gated November 10, 1958, as amended, to serve tne Evergreen Sewage Disposal District, within such district lies the Toweship of West Blopmfiele itne "Township"); and WHEREAS the County has heretofore established and constructed and acquired the Farmingtcn Sewage Disposal System pursuant TO the Farmington Sewage Diseesal System Agreement, dated November 1, 1957, as amended; and WHEREAS the State of Michigan Department of Natural Resources designated the areas and districts served by the Evergreen Sewage Disposal System and the Farmington Sewage Disposal System as a single plan of study area for the purposes of Step I Facilities Planning; and WHEREAS the County established under and pursuant to At No. 342, Public Acts of Michigan, 1939; as amended ("Act 342), a system of sewage disposal improvements and services to serve the Evergreen Sewage Disposal District arid the Farmington Sewage Disposal District, which system as so established was designated as the "Evergreen and Farmington Sewage Disposal Systems" and the Oakland County Drain Commissioner was designated and appointed as the "eounty agency' for the Evergreen and Farmington Sewage Disposal Systems with all tne powers and duties with respect to said system as are provided by law and especially by Act 342; and WHEREAS it is now necessary to improve; enlarge and extend the Evergreen and Farmington Sewage Disposal Systems by the acquisition and construction of the hereinafter described Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment I-Stage 2 - Segment II-Arms J and K - Local Relief Sewers and SSZS Rehabilitation Contract; and WHEREAS by the terms of Act 342, the County and the Township are authorized to enter into a contract for the acquisition; construction and financing of the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment I-Stage 2 - Segment II-Arms J and K - Local Relief Sewers and SSES Rehabilitation Improvements consisting of sewage disposal and pollution control facilities to serve the Townsnip and for the payment of the eost thereof by the Township with interest; and the County is then autherizee to issue its bonds to provide the fends necessary therefor; and WHEREAS there has been suemitted to this Board of Commissioners a proposed contract between the County, by and through the County Drain Commissioner, County Agency; party of the first part; and the Township, party of the second part (the "Contract"), which Contract provides for the acquisition; construetion and financing of enlargements; additions and improvements tetheAvergreen and Farmington Sewage Disposal Systems as described in Exhibit A to the Contract (the "Project"), and which Contract is hereinafter set forth in full; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS the Contract provides for tne issuance eereafter of bonds by the county to defray part of the cost of the Project, said bonds to be secured by the contractual obligations of the Township' to pay to the County aments sufficient to pay the principal of and interest on the hereafter authorized bonds and to pay such paying agent fees and other expenses as May be incurred on account of said bonds; ant WHEREAS this Board of Commissioners desires to proceed with the establishment of this Project and the appreval and execution of the Contract to acquire, construct and finance the Project as provided in the Contract. THEREFORE BE IT RESOLVED BY eHE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows; 1. ESTABLISHMENT OF SYSTEM AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote o its members-elec dZ7es ereby authorize and direct that there be establiShed, and there is hereby established, under and pursuant to Act 342; sewage disposal facilities to be known as the "Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment I-Stage 2 - Segment II-Arms j and K - Local Relief Sewers and SSES Rehabilitation Improvements", which shall zonsist of enlargements; additions and improvements to the Evergreen and Farmington Sewage Disposal Systems, as specified and to be located as shown in Exhibit A to the Contract; that the Project shall serve the Toweship; that the Oaleland County Draie Commissioner is hereby designated and appointed as the "County Agency" for the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment I-Stage 2 - Segment II-Arms J and K - Local Relief Sewers and SSES Rehabilitation Improvements; that tne County Agency shall have all the powers and duties with respect to the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities - Segment I-Stage 2 - Segment II-Arms Li and K - Local Relief Sewers and SKS Rehabilitation Improvements as are provided by law and especielly by Act 342; and that all obligations incurred by the County Agency with respect to the evergreen and 'Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment .I-Stage 2 - Segment II-Arms J and K - Local Commissioners Minutes Continued. June 28, 1990 241 Relief Sewers and SSES Reeabilitation Improvements; ueless otherwise authorized hy this 3oard of Commissioners, shall be payable solely from funds eerivee from the Township as hereinafter provided. 2. PLANS AND SPECIFTCAT:ONS E5T1MATFS OF ne ha) The preliminary plans am' sec i lea ions7-76r .e 'roaect alit the as ,mates o _.; as t e cost thereof and of 30 years and upearde as the period of usefulness thereof; as submitted tothis•Board of Commissioners be and the same are hereby approved and adopted. , 3. APPMVAL OF CONTRACT. The Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment 1 - Stag 2 - Segment II-Arms J and K - Local Relief Severs and SSES Rehabilitation Contract dated as ef April 1, 1990; between the County; by and through the County Drain Commissioner; party of the first part, and tne Township; party of the second part; which Contract ha e been submitted to this Board of Commissioners; be and the same is hereby approved and adopted, and the County Drain Commissioner is hereby autnorized and directed to execute and deliver the same for and or behalf of the County; in as many counterparts as may De deemed advisable, after the Contract has been executed by tee appropriate officials of the Townhip. The Contract reads as follows; EVERGREEN AHD FARMINGTON SEWAGE ;ISPOSAL SYSTEMS POLLUTION CONTROL FACILlTetS -- SEGMENT : - STAGE 2; SEGMENT II - ARMS J AND K - LOCAL RELIEF SEWERS - SSES REHABILITATION • THIS AGREEMENT made as of this 1st day of April; 1990; Cy and between the COUNTY OF OAKLAND; a Michigan county corporation (hereinafter sometimes referred to as the "County"), by and through its County Drain Commissioner '(hereinafter referred to as the "County Avency"), party of the first part; and the TOWNSHIP OF WEST BLOOMFIELD; a charter township corporation in the County of Oakland (hereinafter referred to as tie "Township"); party of the second part: WITNESSETK: WHEREAS the Oakland County Board of Supervisors by resolution; Misc. No. 3259; adopted on August 12; 1957; as amended by resolJtion; Misc. Ho. 3435, adopted on October 13; 1958; did approve of establishment of the Evergreen Sewage Disposal System to serve the Evergreen Sewage Disposal District; and WHEREAS pursuant to the Evergreen Sewage Disuosa System Agreement, dated November 10; 1958, as amended by amendatory a9reemerts dated December 22, 1958 and February 9; 1959, all between the County of Oakland and the Cities of Birmingham; Bloomfield Hills; Lathrup Village; Troy and Southfield; the Village of Westwood (now the Village of Beverly Kills) and the Townships of Bloomfield and Pootiac (now the City of Auburn Hills), municipal corporations in the County; the County; acting through its Department of Public Works; did acouire the original Evergreen System and did finance such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provisions of said agreement, as amended (herein referred to as the "Evergreen Agreement"); and • WHEREAS the Oakland County Board of Supervisors by resolution; Misc. No. 3270; adopted August 12; 1957, a.5 amended by resolution; Misc. No. 3339; adopted January 24; 1958; aid approve the establishment of the Farmington Sewage Disposal System to serve the Farmington Sewage Disposal District; anC • WHEREAS pursuant to the Farmington Sewage Disposal System Agreement; dated November 1; 1957, as amended by amendatory agreements dated December 22; 1958; and February 9; 1959; all between the County and the Cities of Southfield and Keego flareor and the Townships of West Bloomfield and Farmington (now City of Farmington Hills); municipal corporations in the County; the County acting through its Department of Public Works; Cid acquire the original Farmington Sewage Disposal system and did finance such acquisition by the issuance of bonds in anticipation of payments to be made by said municipal corporations to the County in accordance with the provieione of said Agreement; as amended (herein referred to as the "Farmington Agreement"); and WHEREAS by annexation of part of the former Township of Farmington the City of Farmington has become a user of the Farmington Sewage Disposal System and has area included in. the Farmington Sewage Disposal District; and WHEREAS by contractual relationships with members of the Farmington Sewage Disposal System; the City of Sylvan Lake and the City of Orchard Lake Village have become .users of the Farmington Sewage Disposal System; and WHEREAS the State of Miehigan Department of Natural Resources (herein the "MDNR") acting on behalf of itself and the enited States Environmental Protection Agency (herein the "USEPA") designated the areas and districts served by the Oakland County Evergreen and Farmirgton Sewage Disposal Systems as a single plan of study area for the purposes of Step 1 Facilities Planning and determined that there is a need to obtain studies; reports; plans and estimates for The abatement of pollution, control of pollutants and polluting discharges ane the relief of both the Evergreen and Farmington Sewage Disposal Systems and issued a Final Order of Abatement to the County and each municipal eorporation using either System or either District; and WHEREAS the County established under and pursuant to Act No, 342; Public Acts of Michigan; 1939; as amended; merged system of sewage disposal imorovements and services to serve the areas and the districts heretofore designated and described in Oakland County; Michigan; in resolutions No. 3269, 3435 and 4115 as the Evergreen Sewage Disposal District and in Resolutions No. 3270 and 3339 as the Farmington Sewage Disposal District; which merged system as so established was designated as the "Evergreee arid Farmington Sewage Disposal Systems" ;hereinafter referred to as the "Systems") 242 Commissioners Minutes Continued. June 28; 1990 and the "Evergreen and Farmington Sewage Disposal Districts" (hereinafter referred to as the "District') and the Oakland County Drain Commissioner was designated and appointed as the "County Agency" for tne Systems as provided by law and especially by said Act 342; and VHEREAS the County and all of the municipal corporations described in the foregeing paragraphs as users of the Farmington System and the Evergreen System and as having area included in aha Farmington District and in the Evergreen District (eerein the "Municipalities") have at the request and approval of the MDNR aria the USEPA; entered into an intermunicipal Contract Concerning Wastewater Treatment and Pollution Control Projects for the Systems; dated as of September 30; 1989; (the "Intermunicipal Contact") in which the County anc the Municipalities agree to acquire Facilities and to carry out Projects as described in said Intereunicipal Contract throughout the Systems in various parts of the Districts all in compliance with the Final Order of Abatement and Federal Grant requirements; and WHEREAS uneer and subject to the terms of Act 342; the County is authorized; through the County Agency; to acquire and construct the sewage disposal improvements and pollution control facilities hereinafter described as part of the Systems; the County and the Municipalities are authorized tc enter into a contract; as hereinafter provided; for the acquisition and construction of toe improvements and facilities by he County and for financing all or part of the cost thereof by the issuance of bonds by tne County secured by the pledge of the full faith and credit Of the Municipalities to pay such cost with interest to the County in installments extending over a period not exceeding forty (40) years; and the County is authorized to issue such bonds and, if authorized by majority vote of the members-elect of its Board of Commissioners; to pledge its full faith and credit for,the payment of such bends acid the interest thereon; and WHEREAS there is an urgent need for such sewage disposal improvements and pollution control facilities to comply with the MONR Final Order of Abatement and to provide the means of collecting and disposing of sanitary sewage originating in the Township; in order to abate pollution of the waters of the Township and thus to promote the health and welfare of the residents thereof; which improvements and facilities would likewise benefit the County and its residents; and the parties hereto have concluded that such improvements and facilities can be most economically and efficiently provided and financed by the County through the exercise of the powers conferred by Act 342; and especially Sections 5a; 5b ane 5c tnereof; and WHEREAS the County and the Township desire to proceed with the acquisition and construction of improvements and facilities using a comeination of federal and state grant eoneys and local funds as needed for the proposed project as shown on Exnibit A hereto attached (the "Project"); for which Project contractual arrangements for design, construction and financing are required only with the Townsnip among all of the parties named hereinabove es participants in and users of the Systems; and WHEREAS the County Agency has obtained preliminary plans for the Project and also an estimate of $41;226;324 as the total cost of the Project and au estimate of thirty (30) years upwards as the period of usefulness thereof; all of which have been prepared by Hubbell; Roth & Clark, Inc. (hereinafter sometimes referred to as the "Consulting Engineers") submitted herewith for approval by the Board of Commissioners of the Courty and the governing body of the Township and will be placed on file in the office of the County Agency; said estimates being set forth in Exhibit 3 hereunto attached; and WHEREAS in order to provide for the acquisition and construction of the Project by the County and the financing of the cost thereof by the issuance of County bonds; and for other related matters; it is necessary for the parties hereto to enter into this Contract. THEREFORE; IT IS HEREBY AGREED BY AND BETWEEN THE eARTIES HERETO; as follows: 1. The parties hereto hereby approve and agree to the establishment; acquisition; construction and financing of the Project as herein provided, under and pursuant -to Act 342. The Township; by way of compliance with Section 29; Article VII of the Michigan Constitution of 1903, consents and agrees to the establishment and location of the Project within its corporate boundaries and to the use by the County of its streets; highways; alleys; lands; rights-of-way or other public places for the purpose and facilities of the Project and any improvements; enlargements and extensions thereof; and the Township further agrees that; in order to evidence and effectuate the foregoing agreement and consent; it will execute and deliver to the county such grants of easement; right-of-way; license; permit or consent as may be requested by tne County. . 2. The Project shall consist of construction of sanitary interceptor relief sewers and appurtenances; re-modeling of a pumping station; construction of local relief sewers and rehabilitation of sewers and appurtenances as cescribed in a Sewer System Evaluation Survey Report (SSES) and related facilities as described and shown on Exhibit A and Exhibit B which are attached hereto and which are hereby made a part hereof; and as are more particularly set forth in the preliminary plans which have been prepared and submitted by the Consulting Engineers WW1 plans are on file with the County Agency and are hereby approved and adopted. The Project shall be acquired and constructed substantially in accordance with the preliminary plans and in accordance with final plans and specifications to be prepared and submitted by the Consulting Engineers; but variations therefrom which do not materially change the location; capacity or overall design of the Project; and which do not require an increase in the total estimated cost of the Project; may be permitted an the authority of the County Agency. Other variations or changes may be wade if approved by the County Agency and by resolution of the governing body of the Township and if provisions required by paragraph (8) hereof are made for payment or financing of any resulting increase in the total estimated Lost. The estimate of cost of the Project and the estimate of period of usefulness there- Commissioners Minutes Continued. June 28, 1990 of as set forth in Exhibit B are likewise hereby aporeved and adopted. 3. The County Agency shall taKe or cause to be taken all actions required or necessary; in accordance with Act 342; to procure the issuance and sale of bonds by the County; in one or more series; in whatever aggregate principal amount is necessary to be so financed to defray that part of the total cost of the Project which is in excess of funds available from federal and/or state-grants or other sources; including cash contributions from the Township s Such bonds shall be issued in anticipation of, and be payable primarily from, the payments to be made by the Township to the County, and shall be secured secondarily, if so voted by the Board of Commissioners of the Count; by the pledge of the full faith and credit of the County; and the said bonds shall be payable in annual maturities the last of which shall be not more than forty years from the date thereof. 4. The County Agency shall obtain and accept an offer of grant by the USEPA/MONR for the Project; proceed to take construction bids for the Project and; subject to the sale and delivery of said bonds; enter into construction coneracts with the lowest responsive and responsible bidder or bidders ; procure from the contractors all necessary and proper bonds and insurance; cause the Project to be constructed velthin a reasonable time; and co all other things required by this Contract and the laws of the State and the United States of America. All certificates for required payments to contractors shall be auproved by the Consulting Engineers before presentation to the County Agency and the latter shall be entitled to rely on such approval in making payment. The County hereby agrees that it will secure anc maintain; or cause to be secured and maintained; during the period of construction adequate property damage and public liability insurance covering all facilities to he constrected eursuant to this Contract. All policies and memorandums of insurance shall provide - that the County and the Township shall be insured parties thereunder and shall contain a provision recuirine tnat the Township be notified at least ten days prior to cancellation thereof. One copy of each policy and memorandum of insurance shall be filed with the Township. S. It is understood and agreed by the parties hereto that the Project is to serve the Township and not the individual property owners and users thereof, unless by special arrangement between the County Agency and the governing body of the Township. The responsibility of requiring ccnnection to and use of the Project and/or providing such additional facilities as may be needed shall be that of the Township and such Township shall cause to be constructed and maintained; directly or through the County; any such necessary additional facilities. The County shall not be obligated to acquire or construct any facilities other than those designated in paragraph 2 hereof. 6. If the Township elects to pay part of the cost of the Project through a cash contribution it shall pay in full to the County such share of the total cost not later than the date of award of the construction contract for the Project. Otherwise the Township shall pay to the County the total cost of the Project (less such funds as may become available from federal and/or State grants or from other sources); which total cost for this purpose shall include; in addition to the items of the nature set forth in Eehibie (represented by the erincipal ameunt of the bonds to be issued by the county plus such funds as may become available from federal and/or State grants or other sources), all interest payable by the County on said bonds and all paying agent fees and other expenses and charges (including the Coenty Agency's administrative expenses) which are payable on account of said bonds (such fees; expenses and charges being herein called "bond service charges"). Such payments of the Township shall be made to the County in annual installments which shall be due and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal maturity data thereof. Such an annual installment of tile Township shall be so paid in each year if any principal and/or non-capitalieee interest on said bonds falls due during the twelve -month period beginning an such principal maturity date in said year; and tile amount of each installment of the Township so due and payable shall be at least sufficient to pay all such principal and/or interest thus falling due and all bond service charges then due and payable. The County Agency shall, within thirty cays after delivery of the County bowls to the purchaser; furnish tbe Treasurer of the Township with a complete schedule of the principal and interest maturities thereon; and the County Agency shall else; at least thirty days before each paymeat is due to be made by the Township; advise the Treasurer of the Township of the amount payable tta the County on such date. If the Township fails to wake any payment to tne County when due; the same shall be subject to a penalty of le thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish tie schedule or give tie notice as above required shall not excuse the Township from the obligation to make payment..when due. Such payments Shall be made by the Township wnen due whether or not the Project has then been completed or placed in operation. In the event that acditional County bonds shall be issued under the authority of this Contract to defray a part of the cost of the System; the foregoing obligations shall apply tusuch part of the cost and to said additional bonds insofar as appropriate thereto. 7. The Township may pay in advance any one or more of its installments or any part thereof payable to the County pursuant to this Contract (a) by surrendering to the County any of said County ponds of like principal amount maturing in the same calendar year; or (b) by paying to the County in cash the principal amount of any County bonds which are subject to redemption prior to maturity; plus all interest thereon to the first date upon which such bonds may be called for redemption; and plus all applicable call premiums and bone service charges; and in such event the County Agency shall call said bonds for redemption at the earliest possible date; provided; however; that such advance payment and credit therefor shall be limited in amount at any given time to the amount of bonds available for purchase or redemption by call within tie twelve -month period 243 244 Commissioners Minutes Continued. Oune 28, 1990 succeeding the date of the advance payment. The installuents or parts thereof so prepaid shall be deemed to be the installments or parts thereof falling due in the same calencar year as the maturity dates of the bongs surrendered or called for redemption and bonds so surrendered or redeeemed shell be cancelled. 8. In the event that it shall ecome necessary to increase the estimated cost of the .00ject as hereinbefore stated or if the actual cost of the Project shall exceed the estimated cost, whether as the result of variations or changes permitted to be made in the approved plans or otherwise; teen (without execution of any further contract or amendment of this Contract) the governing body of the Township Tray; by resolution adopted within fifteen days after the receipt of construction bids; direct that a portion of the Project be deleted sufficient to reduce the total cost to an amount which shall not exceed the total estimated cast as nereinbefore stated by more than 5%; provided that sucn deletion shall not materially change or terminate the eligibility of the Project for federal and/or state greets; or materially change the general scope, overall design and purpose of the Project. in the absence of the adoption of such resolution the Township shall pay or procure the payment of the increase or excess in cash; or County bonds in an increased or additional amount shall (upon adoption of an authorizing resolution tnerefor by the Board of Commissioners of the County) be issued to eefray such increased or excess cost; to the extent that funds therefor are not available from other Sources; provided, however; that no such increase or excess shall be approved and no such increased or acditional County bonds shall be authorized to be issued; nor shall the County enter into any contract for acquisition or construction of the Project or any part thereof or incur any obligation for or pay any item of cost therefor, where the effect thereof would be to cause the total cost of toe Project to exceed by more than 5% its total estimated coat as hereinbefore stated, unless the governing body of the Township snail have previously adopted a resolution approving such increase or excess and agreeing that the same (or such part thereof as is not available from other sources) shall De paid or its payment procured by the Township in cash or be defrayed by the issuance of increased or additional County bonds in anticipation of increased or additional payments agreed to be made by the Township to the county in the manner hereinbefore provided; provided; furtner;,that the adoption of such resolution by the governing body of the Township shall not be required prior to or as a condition precedent to the issuance of additional bonds by the County if the County has previously issued or contracted to sell bonds to pay all or part of the cost of the Project and the issuance of the additional bonds is necessary (as determined by the County) to pay such increased', adcitional or excess costs as are essential to completion of the Project according to the plans as last approved prior to the time when the previous bonds were issued or contracted to be sold. 9. In the event that the actual cost of the Project is less than the total eetimated cost; then any surplus available to the County from the sale of County bonds; at the option of the governing body of the Township shall ee used to improve; enlarge or extend the Systems; to apply upon future payments due to the County to redeem bonds or to eerchase bonds on the open market; provided that surplus shall be used to improve, enlarge or extend the Systems only if authorized by the Board of Commissioners of the County. Any such surplus nrAy; for the purpose of improving; enlarging or extending the systems, be supplemented by cash payments to be made by the Township or such improvements; enlargements or extensions may be financed entirely from such cash payments, where authorized by the governing body of the Township. Where any such surplus is used to redeem or purchase bonds, the same shall be cancelled; and the payments thereafter required to Oe made Pei the Township to the County shall be reducet so as to reflect the resulting saving of interest and the payment required to be made in the calendar year of the stated maturity of said bonds shall be reduced by the principal amount tnereof. 10. Should the Township fail for any reason to pay the County at the times specified, the amounts herein required to be paid, seen Township -does hereby'aethorize the -State Treasurer or other official charged with the disbursement of unrestricted state funds returnable to such Township pursuant to the Michigan Constitution to withhold sufficient funds to make up any default or deficiency in funds. If tne full faith and credit of the County is pledged for the prompt payment of the principal of and interest on the bonds to be issued by the County and if the County is required to advance any money by reason of such pledge on account of the delinquency of such Township the County Treasurer is hereoy authorized to notify the State Treasurer to deduct the amount of money so advanced by the County from any unrestricted moneys in the State Treasurer's possession belonging to such Township and to pay such amount to the County. . The foregoing shall not operate to limit the County's right to pursue any other legal remedies for the reimbursement of moneys advanced on account of tne default of such Township. 11. The Township; pursuant to the authorization of Section 5a of Act No. 342, hereby pledges its full faith and credit for the prompt and timely payment of its obligations expressed in this Contract and each year shall levy a tax in an amount which, taking into consideration estimated delinquencies in tax collections; will Lie sufficient to pay its obligations under this Contract becoeing due before the time of toe following year's tax collections; provided; however; that if at the time of making its annual tax levy; the Township shall have on hand in cash other funds (including but not limited to funds from special assessments, tser charges or connection fees) which have been set aside and pledged or are otherwise available for the payment of such contractual obligations falling due prior to the time of the next tax collection; then the annual tax levy may be reduced by such amount. The ability of the Township to levy taxes is subject to constitutional; statutory and charter limitations. The governing body of the Township shall each year, at least 90 days .prior to the final date provided by law for the making of the areuel tax levy of the Townseip; Commissioners Minutes Continued. June 28; 1990 245 submit to the County Agency a written statement setting forth tne amount ef its obligations to the County which become due and payable under this Contract prior to the time of the next following year's tax collections; the amount of the funds which the Township has or will have on hand or to its credit in the hands of tee County which have been eet aside and pledged for payment of said obligations to the County; and the amount of the taxes of the Municipality next proposed to be levied for the purpose of raising money to meet such obligations. The County Agency shall review such statement promptly and; if he finds that the proposed tax levy is insufficient; he shall so notify the governing body of the Townsnip and the Township hereby covenants and agrees that it will thereepun increase its levy to such eetent as may be required by the County Agency. 12. No change in the jurisdiction over any territory in the Township shall in any manner impair the obligations of this Contract or affect the obligations of the Township hereunder. In the event that all or any part of the territory of the Township is incorporated as a new city or village or is annexed to or becomes a part of the territory of another municipality; the municipality into which such territory is incoreorated or to which such territory is annexed shall assuwE the proper proportionate share of the contractual obligations (ircleding the pledge of full faith and credit) of the Township; which proper proportionete share shall be fixed and determined by the County Agency and shall be binding open all parties concerned unless; within sixty (60) days after such incorporation or annexation becomes effective; the governing body of tne municipality into which such territory is incorporated or to which wen territory is annexed and the governing body of the Township shall by mutual aereerent and with the written approval of the County Agency fix and determine suCh proper proportionate share. The County Agency shall; prior to making such determination, receive a written recommendation as to tne proper proportionate share from a committee composed of one representative designated by the governing body of the Township one designated by the governing body of the new municipality or the municipality annexing such territory and one independent registered engineer appointed by the County Agency. Each governmental unit shall appoint its representative within fifteen (15) days after being notified to do so by the County Agency and within a like time the County Agency shall appoint the engineer third member. If any such representative (other than the appointee of the Cotnty Agency) is not appointed within the time above provided, then the County Agency may proceed without said recommendation. If the committee shall not make the recommendation within forty-five (45) days after its appointment or within any extension thereof by the County Agency; then the County Agency may proceed without such recommendation. 13. This Contract is contingent upon the County issuing its negotiable bonds; as herein provided; to defray such part of. the total estimated cost of the Project as is necessary to be financed; which bonds shall be issued under the auteorization provided in Section Sa; 5b ane Sc of Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period not exceeding the estimated construction period and one year thereafter. In the event that the bones are not issued within three years from the date of this Contract; then unless eetended by mutual agreement; it shall become null and void; except that the Township shall pay all engineering; legal and other costs and expenses therefore incurred and shall be entitled to all plans; specifications and other engineering data and materials. 14. Ugon completion of the Project the County and the Township hereby agree that the operation and maintenance of all of the facilities of the Systems shall be carried on and continued in the same fashion and manner as integral parts of the Systems as are now in existence and in effect pursuant to the Intermunicipal Agreement; the Evergreen Agreement and the Farmington Agreement; with costs thereof billed, collected and paid as at present. If a grant; advance or payment becomes available from the state or federal governments or any other source; the Township hereby agrees to adopt such resolutions or ordinances as may be required by state or federal laws; regulations or orders to *cake the County andthe Project and the System eligible to accept and receive the grant; advance or payment, and if the terms of the grant; advance or payment require a local contribution; the Township hereby agrees to raise and make such local contribution. It is anticipated between the parties hereto that the Project to be built shall qualify for a federal grant in accordance with 40 Cooe of Federal Regulations; Part 35.2108. For purposes of financing the Project; it is anticipated that the Project shall be eligible for federal grants as noted on Exhibit B. The applicant; Oakland County, in accordance with the requirements of said 35.2108; agrees to complete the Project regardless of whether or not grant funding is available for the Project; in accordance witn the requirements of said 35.2105. -15. The County shall have no obligation or responsibility for providing sewers or sewage disposal facilities except as herein expressly provided with respect to the acquisition of the Project or as otherwise provided by contract. The Township shall have the authority and the responsibility to provide such other facilities and shall have the right to expand the facilities of the Systems by constructing or extending sewers or relatee facilities, connecting the same to the Systems; and otherwise improving the Systems. It is expressly agreed; nevertheless; that no such connection (ether than individual unit tap -ins) shall be made to the Systems and no improvements; enlargements or extensions thereof shall be made without first securing a permit therefor from the County. Any such permit may be mace conditional upon inspection and approval of new construction by the County. It is further agreed 'oat the Systems shall be used for collection and conveyance of sanitary sewage only and that the Township shall take all necessary action to prevent entry into the Systems of storm waters and also to prevent entry of sewage or wastes of such a character as to COUNTY OF OAKLAND By: Supervisor TOWNSHIP OF WEST BLOOMFIELD By: And: Iownship Clerk =Fey Drain Comnrissibner (County Agency) ' 246 Commissioners Minutes Continued. June 28; 1990 be injurious to the Systems or to the public health and safety. 16. All powers; duties and functions vested by this Contract in the County shall be exercised and performed by the County Agency; for and on behalf of the County; unless otherwise provided by law or in this Contra;. 17. The parties hereto recognize that The holders fram time to time of the bonds to be .•i ssued by the County under the provisions of Act 342 ; and secured by the full faith and credit pledge of the Township to the making of its payments as set forth in this Contract; will have contractual rights in this Contract; and it is therefore covenantee and agreed that so long as any of said bonds shall remain outstanding and unpaid; the provisions of this Contract shall net be subject to any alteration or revision which would in any manner adversely affect either the security of the bonds or the prompt payment of principal or interest thereon. The right to make changes in this Contract; by amendment; supplemental contracts or otherwise; is nevertheless reserved insofar as the same do not have such adverse effect. The parties hereto further covenant and agree that they each will comply with their respective duties and obligations under the terms of this Contract promptly; at the times and in the manner herein set forth; and will not suffer to be done any act wnich would in any way impair the contract of said bonds; the security therefor; or the prompt payment of principal are interest thereon; It is hereby declared that the -terms of this Contract and of any amendatory or supplemental contract and any contract entered into pursuant hereto; insofar as they pertain to said bonds or to the payment or the security thereof, shall be deemed tc be for the benefit of the helciers of said bonds. 18. The County Agency shall prepare; with the aid of its consultants; such covenants; representations and warranties and have adepted by officials of the County and the Municipalities such procedures for construction; accounting; payment and operating ds are necessary to comply with the requirements of State and federal law in order to create and maintain the obligations of the Township and the County under this Contract and with respect to the bonds as veld and binding obligations and in order to create and maintain the bonds as tax -exempt obligations under State and federal income tax law. Such covenants, representations ane warranties and such procedures shall be evidenced by and set forth in certificates or resolutions prepared for the county Agency which the Township and the County all hereey agree to approve; execute and adopt at or prior to issuance and delivery of any bonds. 19. In the event that any one or more of the provisions of this Contract shall for any reason be held to be invalid; illegal or unenforceable in any respect; such invalidity; illegality or unenforceability shall not affect any other provisions hereof, but this Contract shall be construed as if such invalid, illegal or unenforceable provision has never eeen contained herein. 20. This Contract shall become effective upon its execution by each party hereto and the expiration of 45 days after the date of publication of the notices required by Section 5b of Act 342; provided, however; that if; within the 45-day period; a proper petition is filed with the Clerk of the Township in accordance with the provisions of said Section Sb of Act 342 then tnis Contract shall not become effective until auproved by the vote of a majority of the electors of the Township qualified to vote and voting thereon at a general or special election. This Contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed: provided; however; that it shall not De terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all eond service charges pertaining to said bonds. This Contract may be executed in several counterparts. The provisions of this Contract shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF; the parties hereto have caused this Contract to be executed and delivered by the undersigned; being duly authorized by the respective governing bodies of such parties; all as of the day and year above written. Kr. Cftairperson foregoing resolution. on behalf of the Planning and Building Committee; I move adoption of the PLANNING AND BUILDING COMMITTEE Larry P. Crake; Chairperson Moved by Crake supported by Caddell the resolution be adopted. AYES: Crake; osling; Huntoon, Jensen; Johnson; R. Kuhn, Law, McConnell; McCulloch; McPherson; Moffitt; Oaks; Olsen; Pappageorge; Pernick; Price, Rewo)C, Skarritt; Aaron, Bishop; Caddell; Chester. (22) NAYS: None. (0) A sufficient majority having voted therefor; the resolution was adopted. Commissioners Minutes Continued. June 28, 1990 247 Misc. 90159 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO APPROVE AMENDMENT NO. I TO EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM—POLLUTION CONTROL FACILITIES—AMY RELIEF SEWERS CONTRACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the City of Auburn Hills; the City of Bloomfield Hills and the Township of Bloomfield (hereinafter collectively referree to as the "Municipalities" and individually a "Municipality") have contracted with the County of Oaklane (the ''County") for further sanitary sewage disposal improvements and facilities (the "Project"); which are shown on Exhibit A to the Evergreen-Farmingtor Sewege Disposal System--Ponution Control Facilities—Amy Relief Sewers Contract; dated as of September 1, 1987 (the "Contract") in order further to abate pollution of the waters of the Municipalities and thus to promote the health and welfare of the residents thereof; which improvements and facilities would likewise benefit the County and its residents, and are to be provided and financed by the County through the exercise of the powers conferred by Act 342; Public Acts of Michigan, 1939; as amended ("Act 342"), and especially Sections 5a; 5b and Sc thereof; and WHEREAS by the terms of the contract for the acquisition; construction and financing of the Project to improve the Evergreen-Farmington Sewage Disposal System (the 'System") and to serve the Evergreen-Farmington Sewage Disposal District (the "District"); the .cost thereof is to be paid by the Municipalities, in installments of principal; with interest; and the County will tnen issue its bonds to provide the funds necessary for aceuisition and construction thereof; and WHEREAS there has been suemitted to -the Board of Commissioners amendments to the Contract set forth in Amendment No. 1 to said Contract which change the scope of the Project as set forth on Exhibit A to the Contract and the estimate of cost thereof as set forth on Exhibit B to the Contract and the apportionment of said cost as set forth on Exhibit C to the Contract and eliminate Exhibit D to the Contract and make other changes in the Contract; including the use of surplus funds belonging to the Township of Bloomfield; and WHEREAS the sale Amendment No. 1 to the contract has been approved by the Municipalities, subject to the expiration of the 45 day referendum period required by Act 342; and -upon approval by the County and the receipt of conetruction bids by the County Agency named in the Contract; the County may then issue its bonds to fieahce the Project; and WHEREAS this Board of Commissioners desires to approve Amendment No. 1 and to proceed with the Project in the System and to acquire; construct and finance the Project as provided in said Contract as amended by said Amendment No. 1. THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY; MICHIGAN; as follows: 1. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST. The revised plans and specitications for the ''roject and the revised estimate of $4,405;000 as the cost thereof and of 40 years and upwards as the period of usefulness thereof as submitted to this Board of Commissioners, be and the same are hereey approved and adopted. 2. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT. The Amendment No. 1 to Evergreen-Farmington Sewage Disposaystem--outior Amy Relief Sewers Contract; dated as of July 1; 1989; between the County, by and through the County Drain Commissioner; party of the first part; and the Municipalities, parties of the second part; which Amendment No. 1 to Contract has been submitted to this Board of Commissioners; be and the same is hereby approved and adopted and the County Drain Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the county; in as many counterparts as may be deemed advisable; after the Amendment No. 1 to Contract has been executed by the appropriate efficials of the Municipalities. Tile Amendment No. 1 to Contract reads as follows: AMENDMENT NO. 1 TO EVERGREEN-FARMINGTON SEWg;E DISPOSAL SYSTEM-- POLLUTION COKTROL FACILITIES--AMY RELIEF SEWERS CONTRACT THIS AMENDMENT NO. 1 TO CONTRACT; made and entered into as of the first dde of July; 1959 . (this "Contract"); and between the COUNTY OF DAXLAND a county corporation in the State of Michigan (hereinafter sometimes referred to as the "County"), by and through its Drain Commissioner; County Agency; party of the first eart, and the CITY OF AUBURN HILLS, the CITY OF BLOOMFIELD HILLS ano the TOWNSHIP OF BLOOMFIELD; municipal and township corporations located in the County (hereinafter sometimes collectively referred to as the "Municipalities" and individually a "Municipality"); parties of the second part. WITNESSETH: - WHEREAS pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter sometimes referred to as "Act 342). the Board of Commissioners of the County has heretofore; by majority vote of its members-elect, authorized and directed that there be established a County system of sewage disposal improvements and services to serve the Municipalities said system to be known as the "Evergreen-Farmington Sewage Disposal System" (hereinafter sometimes referred to as the "System") to serve the Evergreen-Farmington Sewage Disposal District (the "District"), and has designated the Oakland County Drain Commissioner as the County Agency for the System with all powers and duties with respect thereto as are provided by Act 342 (said Drain Commissioner being hereinafter sometimes referred to as the "County Agency"); anc WHEREAS under anc subject to the terms of Act 342; the County has authorized the County 248 Commissioners Minutes Continued, June 28, 1990 Agency to acquire and construct sanitary sewage disposal improvements and facilities as parts of the System (hereinafter described as the "Project"), and the County and the Municipalities have hereto- fore entered into a contract; as hereinafter described; for the acquisition ant construction of the Project by the County and for financing all or part of the cost thereof by the issuance of bonds by the County secured by the pledge of tie full faith and credit of the Municipalities to nay such cost eith interest to the County in installments extending over a period not exceeding forty (40) years; . WHEREAS as of September 1; 1987; the Evergreen -Farmington Sewage Disposal System-Pollution Control Facilities-Amy Relief Sewers Contract (the 'Contract") was executed arid delivered; and WHEREAS revised plans for the Project as part of the System and also revised estimates of the cost of the Project and the period of usefulness thereof have been prepared by Hubbell, Roth & Clark; Inc. (hereinafter sometimes referred to as the Consulting Engineers) and revised apportionments of the costs of the Project nave been prepared by the County Agency along with other changes to the Contract; all of which are set forth in this Amendment No. 1 to Contract; and WHEREAS in order to continue with the acquisition and constrectior of the Project by the County and the financing of the cost thereof by the issuance of County bonds; and for other related matters it is necessary for the parties hereto to enter into this Amendment No. 1 to Contract. THEREFORE; IN CONSIDERATION OF THE PREMISES AND THE COVENANTS CF EACH OTHER; THE PARTIES HERETO AGREE AS FOLLOWS: I. Paragraph (2) of the Contract is hereby amended to read as follows: (2) The Project shall consist of enlargements; additions and improvements to the existing sewage treatment facilities anc sanitary sewers ane related facilities of the System as shown on Exhibit A (Revised) which is attached hereto and which is hereby made a part hereof; and as are more particularly set forte in the revised plans which have neen prepared and submitted by the Consulting Engineers which plans are on file with the County Agency and are hereby approved and adopted. The Project shall be acquired and constructed arid substantially in accordance with the revised plans and in accordance with final plans and specifications to be prepared and submitted by the Consulting Engineers; but variations therefrom which do nut materially change the location, capacity or overall design of the Project or of the System; and which do not require an increase in the total estimated cost of the Project; may be permitted on the authority of the County Agency. Other variations or changes may De made if approved by the County Agency and by resolution of the governing body of each Municipality anc it provisions required by paragraph (8) of the Contract are made for payment or financing of any resulting increase in the total estimated cost. The revised estimate of cost of the Project and the estimate of period of usefulness thereof as set forth in Exhibit B (Revised) are likewise hereby approved and adopted. The referenee. to Exhibit 0 to the Contract in paragraph (2) of the Contract and the Exhibit 0 are hereby cancelled and eliminated because the revision of Exhibit A and the revised plans make tnem unnecessary. II. Paragraph (3) of the Contract is hereby amended to read as follows: (3) The County Agency shall take or cause to be taken all actions required or necessary; in accordance with Act 342; to procure the issuance and sale of bonds by the County', in one or more series; in whatever aggregate principal amount is necessary to be so financed to defray that part of the total cost of the Project which is in excess of funds available from other sources. Such bonds shall be issued in anticipation ofa and be payable primarily from,the payments to be made by the Municipalities to the County in the percentages as provided in Exhibit C (Revised) which is attached hereto and which is hereby made a part hereof', and shall be secured secondarily; if so voted by the Board of Commissioners of the County; by the pledge of the full faith and credit of the County; and the said bonds shall be payable in annual maturities the last of which shall be not more than forty years from the date thereof. The County and the Township of Bloomfield have provided in Exhibit C (Revised) for credit to the Township of $330,000 of surplus funds from the project described as Stage Two and Stage Three of the Evergreen-Farmington Sewage eesposal ,SystemeBloomfield Township Trunk Arms; which surplus funds have been transferred by the County to the construction fund for this project. III. Paragraph (6) cf the Contract is hereby amended to read as follows: (6) The Municipalities shall pay to the County their respective shares of the total cost of the Project (less such funds as may become available from other sources), which total cost for this purpose shall include -, in addition to the itmes of the nature set forth in Exhibit B (Revised) (represented by the principal amount of the bonds to be issued by the County plus such funds as may become available from other sources)', all interest payable by the County on said bonds and all paying agent fees and other expenses and charges (including the County Agency's administrative expenses) which are payable on account of said bonds (such fees', eepensesa and charges being herein called "bond service charges"). The cost of the Project is hereby allocated to the Municipalities in accordance with the percentages set forth in Exhibit C (revised) on which are also shown the population equivalents projected for each of the Municipalities for use of the several project sections of the System. Such payments of each Municipality shall be made to the County in annual installments which shall be due and payable at least thirty days prior to the day of the month specified in the County bonds as the annual principal maturity date thereof. Such an annual installment of each Municipality shall be so paid in each year if any principal and/or non-capitalized interest on said bonds falls due during the twelve -montn period beginning on Such principal maturity date in said year; and the amount of each installment of each Municipality so due and payable shall ee at least sufficient; when added to the amount of the installments of the other Municipalities so due and payable, to pay all such principal and/or interest thus falling due and Commissioners Minutes Continued. June 2. 1950 249 all bond service charges then due and payable. The Cpuoty Agency shall; within thirty days after delivery of the County bonds to the purchaser, furnish the Treasurer of each Municipality with a complete schedule of the principal and interest maturities thereon; and the County Agency shall also; at least thirty days before each payment is due to be made by other Municipality; advise the Treasurer of each Municipality of the amount payable to the County an such date. If a Municipality fails to make any payment to the County when due, the same shall be sueject to a penalty of 1% thereof for each month or fraction thereof that such amount remains unpaid after due. Failure of the County Agency to furnish the schedule or give the notice as above required shall not excuse a Municipality from the obligation to make payment when due. Such payments shall be made by each Municipality when due whether or not the Project has then beer completed or placed in operation. In the event that additional County bonds 001 be issuee under the authority of this Contract to defray a part of the cost of the Project as part of the System; the foregoing obligations shall apply to such part of the cost and to said additional bonds insofar as appropriate thereto. IV. Paragraph (13) of tee Contract is hereby amendea to read as follows; (13) This Contract and Amendment No. 1 thereto are contingent upon the County issuing its negotiable bonds; as herein provided; to defray such part of the total estimated cost of the Project as is necessary to be financed; which bonds shall be issued under the authorization provided in Section 5a; 5b and Sc of Act 342. Interest on the bonds may be capitalized and paid from the bond proceeds for a period not exceecinn the estimated construction period and one year thereafter. In the event that the bonds are not issued within three years from the date of this Amendment No. 1 to Contract, then unless extended by mutual agreement it shall ecome null and void; except that the Municipalities shall pay all engineering; legal and other costs and expenses theretofore incurred in the percentages set forth In Exhibit C (Revised) and shall be entitled to all plans; specifications and other engineering data and materials. V. Paragraph (17) of the Contract is hereby amended as follows: 117) The parties hereto recognize that the holders from time to time of the bonds to be issued by the County under the provisions of Act 342; and securec by the full faith and credit pledge of the each of tne Municipalities to the making of its payments as set forth in this Amendment Ho. 1 and the Contract; will have contractual rights in this Amendment No. 1 and the Contract, and it is therefore covenanted and agreed that so long as any of said bends shall remain outstanding and unpaid; the provisions of this Amendment No. 1 and of the Contract shall not be subject to any alteration or revision which would in any manner adversely affect either the security of the bonds or the prompt payment of principal or interest thereon. The right to make changes in this Amendment No. I or in the Contract; by amendment; supplemental contracts or otherwise; is nevertheless reserved insofar as the same do not have such adverse effect. • The parties hereto further covenant and agree that they each will comply with their respective duties and obligatioes under the terms of this Amendment No. 1 and the Contract promptly; at the times and in the manner herein set forth, and.will not suffer to be done any act which would in any way impair the tontract of said bonds; the security therefer, or the prompt payment of prin:ipal and interest thereon. It is hereby declared that the terms of this Amendment No. 1 and of the Contract and of any amendatory or supplemental contract and any contract entered into pursuant hereto, insofar as they pertain to said bonds or to the payment or tne security thereof ., shall be deemed to be for the benefit of the holders of said bonds. As amended by this Amendment Nu. 1, all terms and provisions of the Contract shall be and remain in full force and effect. VI. Paragraph (19) of the Contract is hereby amended to read as follows: 1. In the event that any one or more of the provisions of this Amendment No. 1 or of the Contract shall for any reason oe held to be invalid; illegal or unenforceable in any respect; such invalidity, illegality or unenforceability Shall not affect any other provisions hereof; but this Amendment No. 1 and the Contract shall be construed as if such invalid; illegal or unenforceable provision has siever been contained herein. VII. This Amendment No. 1 to the Contract shall become effective upon its execution by each party hereto and the expiration of 45 days after the date of publication of the notices required by Section 5b of Act 342; provided; however; that if; within the 45-day period; a proper petition is filed with the Clerk of any Municipality in a.;cordance with the provisions of said Section 5b of Act 342; then this Amendment No. 1 to the Contract shall not become effective until approved by the vote of a majority of the electors of such Municipality qualified to vote and voting thereon at a general or special election. This Amendment No. 1 and the Contract shall terminate forty (40) years from the date hereof or on such earlier date as shall be mutually agreed; provided; however; that it shall not be terminated at any time prior to the payment in full of the principal of and interest on the County bonds together with all bond service charges pertaining to said bonds. This Amendment No. I to the Contract may be executed in several counterparts. The provisions of this Amendment go. 1 and of the Contract shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNLSS WHEREOF; the parties hereto have caused tnis Amendment No. 1 to the Contract to be enecuted and delivered by tne undersigned; being duly authorized by the respective governing bodies of such parties; all as of the day and year first above written. COUNTY OF OAKLAND By; County Drain Commissioner (County Agency) tfty Cfer4 CITY OF AUBURN HILLS By: Mayor And; 250 Commissioners Minutes Continued. June 28; 1990 CITY OF BLOOMFIELD HILLS By: Mayor And: lownship Clerk Mr. Chairperson; on behalf of Vie Planning and Buildins Committee; I move adaptor of the foregoing resolution. Moved by Crake supported by Aaron the resolution be adopted. AYES: Gosling, Huntoon; Jensen; Johnson; R. Kuhn; Law; McConnell; McCulloch; McPherson; Moffitt; Oaks; Olsen; Pappageorge; Pernick; Rewold; Skarritt, Wolf; Aaron, Bishop; Caddell; Chester, Crake. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90160 By Public Services Committee . IN RE: Community & Economic Development Department - COMMUNITY DEVELOPMENT DIVISION - SHELTER CONTRACTS WITH SOUTH OAKLAND SHELTER (SOS), BALDWIN AVENUE HUMAN SERVICES CENTER, HELP AGAINST VIOLENT ENCOUNTERS NOW (HAVEN), AND PONTIAC AREA TRANSITIONAL HOUSING (PATH) To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS homelessness is a serious and growing national, state; and local problem; and WHEREAS the Congress of the United States; recognizing this problem; has passed both the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77 approved July 22; 1987) and the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100-628, approved November 7, 1988); and WHEREAS the U.S. Department of Housing and Urban Development awarded Oakland County an 23;000 Emergency Shelter Grant Program formula allocation for the 1990 Program year on March 7, 1990; to be allocated within 180 days of receipt; and WHEREAS the receipt of ESG Program funds allows the County to contract with subrecipients to provide overnight shelter; shelter furnishings; food; emergency medical services, transportation to overnight shelters, homeless prevention activities; and similar services to the homeless; and WHEREAS FOUR SHELTERS IN Oakland County: South Oakland Shelter (SOS); Baldwin Avenue Human Services Center; Help Against Violent Encounters Now (HAVEN), and Pontiac Area Transitional Housing (PATH); have applied for 1994 Emergency Shelter Grant funds; and WHEREAS each of these shelters have a demonstrated need for funding; and WHEREAS the county wishes to enter into contracts with each of these four shelters to provide them with 1990 Emergency Shelter Grant funds in the following amounts: SOS ($53,400). Baldwin ($10,000), HAVEN ($10,000); and PATH ($10;000) (see attached contracts); aud WHEREAS the Oakland County Community Development Citizens Advisory Council has unanimously approved the above funding amounts by a roll call vote of 9 -0: and WHEREAS the contracts have been approved by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVE) that the Chairperson of the Oaklad County .Board of Commissioners be authorized to execute the attached agreement With South Oakland Shelter; Baldwin Avenue human Services Center, HAVEN, and PAT1 for the combined sum of $83,000. Mr. Chairperson; on behalf of the Public Services Committee; I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr.; Cnairperson Copy of Contracts on file in County Clerk's Office. Movee by Richard Kuhn supported by Johnson the resolution be adopted. AYES: Huntoon, Jensen, Johnson, R. Kuhn; Law; McConnel;, McCulloch; McPherson; Moffitt; Oaks; Olsen; Pappageorge; Pernick; Rewold; Skarritt, Wolf, Aaron; 3ishop, Caddell; Crake; Gosling. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. TOWNSHIP OF BLOOMFIELD By: Supervisor And: City Clerk PLANNING AND BUILDING COMMITTEE Larry P. Crake; Chairperson o_o_o 251 Commissioners Minutes Continued. June 28, 1990 Misc. 90161 By Public Services Committee IN RE: -Public Service Department - EM?LOYMENT AND TRAINING DIVISION BUDGET PROGRAM YEAR 1990 To the Oakland County Board of Cemmissiooers Mr. Chairperson, Ladies and Clentlemen: WHEREAS notice of allocation of Job Training Partnership Act {JTPA} funds has been received from the Michigan Department of Labor for Program period and funding sources as outlined in Attachment A; and WHEREAS the funding sources as shown in Attachment A for the total amount of $6,016;711 serve as an estimate of Program Year 1990 JTPA furd availability, subject to finalization of carry-forward funds from the previous year; and WHEREAS the JTPA is totally supported through federal funds and requires no financial match support from the Oakland County General Fund; and WHEREAS Article V of the Balance of Oakland County Private Industry Council's By-Laws delegates to the Council's Executive Committee authority to manage; direct and control the operational affairs of the Council; and WHEREAS the Executive Committee of the Balance of Oakland County Private Industry Council is scheduled to review the Employment and Training Division Administrative Budget for Program Year 1990; as shown in Attachment B, covering the period ally 1; 1990 to June 30; 1991; and WHEREAS the Program Year 1989 budget included one position that is currently unfunded and can be deleted; specifically an Emoloyment and Training Technician III (#25971, NOW THEREFORE. BE IT RESOLVED that the Program Year 1990 Employment and Training Division Budget for the period July 1; 1993 through June 30; 1991 be adopted for the total amount of $6,016,711 as follows: 1. To establish an Administrative budget of $854,448 for staff salaries; fringe benefits, and related operating costs. . 2. To provide for an appropriation contingency of $5,162,263 for JTPA program Operations. BE IT FURTHER RESDLYEZ that an Employment and Training Technician III position (#2597) be deleted. BE IT FURTHER RESOLVED that the Employment and Training Division will prepare arid present a written status report to the Public Services Committee on a yearly oasis. . Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution, The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90162 By General Government Committee IN RE: HOUSE BILL 5707 (CONDITIONAL SjPPORT) PROVIDES PAYMENT BY THE STATE TO LOCAL UNITS OF GOVERNMENT FOR POLICE SERVICE PROVIDED TO STATE FACILITIES THEREIN To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS under Act 289 of the Public Acts of 1977, provision is made for payment by the State to local units of government for fire protection services received by State facilities therein; and • WHEREAS House Bill 5707 would amend Act 289 to provide payment to local units of government for police service as well as fire protection; and WHEREAS police protection in areas where State facilities are located is every bit as important as fire protection; and WHEREAS equalized valuation should not be a factor in aetermining whether payment should be made to a municipality for police or fire protection provided to state facilities so house Bill 5707 should be amended to delete language on page 3, lines 16-19 relating to equalized valuation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners takes a position supporting House Bill 5707, provided the above suggested amendment is adopted. BE IT FURTHER RESOLVED that copies of this resolution te sent to all Oakland County Legislators and the County's Legislative Agent. Mr. Chairperson, on :Iehalf of the General Government Committee; I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard 'O. Kuhn; Jr., Chairperson GENERAL GOVERNMENT COMMITTEE Richard SUirritt; C.hairperson Moved by Skarritt supported by Pernick the resolution be adopted. A sufficient majority flaying voted therefor, the resolution was adepted. 252 Commissioners Minutes Continued. dune 28, 1990 Report (Misc. 90163) By personnel Committee IN RE: Department of Institutional and Humeri Services - COMMUNITY MENTAL HEALTH - MCKINNEY HOMELESS ASSISTANCE PROJECT GRANT RENEWAL AND EXPANSION To the Oakland County Board of Commissionere lee. Chairperson; Ladies and Gentlemen: ' The Personnel Committee, havirr; reviewed the above referenced resolution; reports with the recommendation that the resolution be adouted; provided the folewieg changes be made; The second Be It Further Resolved paragraph should read as follows: BE IT FURTHER RESOLVED that one (1) special revenue Meetal Health Clinician position be createc in the Administration unit of Commurity Mental Health; Fund 27388." The following paragraph be added after the last Be It Further Resolved paragraph: °BE IT FURTHER RESCLVED that position continuation be dependent on sufficient federal funds to fully cover salary and fringe benefit costs." Mr. Chairperson; on behalf of the Personnel Coemittee; I move the adoption of the foregoing report. Misc. 90163 By General Government Committee IN RE: Department of Institutional and Human Services - COMMUNITY MENTAL HEALTH - MCKINNEY HOMELESS ASSISTANCE PROJECT GRANT RENEWAL AHD EXPANSION To the Oakland County Board of Commissioners Kr. Chairperson; Ladies and Gentlemen: • WHEREAS Federal funding is available tnrou0 the Michigan Department of Mental Health to extend the McKinney Homeless Assistance Project Grant; and WHEREAS this grant originally was accepted by Miscellaneous Resolution #88117, adopted May 12; 1988; in the amount of $200;000 anc extended by Misdellanecus Resolution W89320; adopted December 14; 1989; for an additional $36;666 or a total of $236;666; and WHEREAS the grant is scheduled to expire September 30; 1990; and WHEREAS an additional $173;332 is available to extend ene grant through September 30; 1991, for a total of $409;998 since the grant's implementation; and WHEREAS the extension induces increased funding to provide for an aeditional special revenue Mental Health Clinician; and WHEREAS a governmental Mental Health Clinician position will be deleted in the Central Case Management unit to allow transfer of existing staff into the newly created position; and WHEREAS the extension is funded 100% and requires no County matching dollars; and WHEREAS the Office of Corporation Counsel has reviewed tne grant agreement and approved it as to legal sufficiency; and WHEREAS acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLE 3 that the Board of Commiesioners accepts the Homeless Assistance Grant extension through September 30; 1991; in the amount of $173;332 for a new total grant amount of $409;e98. BE IT FURTHER RESOLVED that tne Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve amendments to the agreement up to fifteen (15) percent variance from the original award which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that ene special revenue Mental Health Clinician position be created in the Administration Unit of Community Mental Health; Fund 27388, for the period July I; 1990 tnrough Septemeer 30, 1991. BE IT FURTHER RESOLVED that one governmental Mental Health Clinician in the Central Case Management Unit be deleted (position #1663505938) effective July 1; 1990, Mr. Chairperson; on behalf of the General Government Committee; I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt; Chairperson Fiscal Note (Misc. 90183) By Finance Committee IN RE; Department of Institutional and Human Services - COMMURITe MENTAe HEALTH - MCKINNEY HOMELESS ASSISTANCE PROJECT GRANT RENEWAL AND EXPANSION To the Oakland County Board of Commissioners. Mr. Chairperson; Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90163 and finds: - 1) The McKinney Homeless Assistance Project Grant has received a proposed extension through September 30, 1991 with an additional $173332 added to the current award for a total award of $409;998 over 39 months. 2) The 1990 revenue and expense budget for thiS grant equals $174;491 (based on estimated calendar year performance). This expansion award amends the 1990 revenue and expense budget for this grant (#27388) by a $235;507 increase as detailed on Schedule A. PERSONNEL COMMITTEE John P. Calandrc, Chairperson or property purch $100•000 ----theCoi Concurrence of -tleieleiliUTFR71r1q.777;7170iT7t C . e shall mii1ov two real estate appraisers; one Ot whom shall be approved by tile American lnstituteof Real Pro ertj—Aep=sers; or =e17177r=777-7177177177- of Residential Appraisers wno shall appra75-Ine property un er con- Commissioners Minutes Continued. June 28, 1990 253 . • 3) The 1991 revenue and expense budget for this grant equals (178;076 (based on estimated calendar year performance). This expansion award amends the 1991 revenue and expense budget for this grant (#27388) by a $231;922 increase as detailed on Scheeule A. 4) Grant funds cover one (1) additional special revenue Mental Health Clinician position to conduct the grant; this position requires the approval of the Personnel Committee. 5) One (1) governmental funded Mental . health Clinician position (#1663505938) is to be deleted effective July 1; 1990 to allow for the transfer of existing staff to the newly created • position; reducing the CMH salary and fringe benefit budget by $20;441 in 1990 and $44;019 in 1991. 6) The salary and fringe benefit savings are recommended for transfer to Pontiac General Hospital - Client Services line item in order to continue existing services; resulting in the following governmental fund eudget amendment; Moved by Skarritt supported by Law the resolution be adopted. Moved by Law supported by McCulloch the resolutien be amended as follows: . In the second BE IT FURTHER RESOLVED paragraph delete 'for the period July 1; 1990 through September 30; 1991. Also; delete the third BE IT FURTHER RESOLVED paragraph that reads: "BE IT FURTHER RESOLVED that position continuation be dependent on sufficient federal funds to fully cover salary and fringe benefitcosts." A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended; A sufficient majority having voted therefor; the resolution; as amended,. was adopted. Misc. 90164 By Commissioner Thomas A. Law IN RE; BOARD RULES AMENDMENT - RE; PURCHASE OF PROPERTY To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS Oakland County Board of Commissioners Rule X.; E.; details the procedures for the sale of County property wnich safeguards the public's interest by establishing a policy that ensures that land will not be sold at lass than appraised value; and WHEREAS there is not presently a written procedure which would likewise protect the public interest in the County's purchase of property. NOW THEREFORE BE IT RESOLVED that the Rule X.; E., be amended as follows: (new language underlined) 2. All new construction and all alterations of existing structures beyond what would normally fall in the category of maintenance; and all leasing and purchaSing of property shall be under the general jurisdiction of the Planning and 6uilding Committee. . . . 4, The procedure for the purchasing of property keall be an follokla a. No formal negotiatiens tor the purchase of aelmorepertv hall he nnriprtaken ., such negotiations. b. For property purchases under $100000; the Planning & Buil4Igg Committee Ma9-fily on the Akraf-eal start of the County Ealillyetinn Invision for the establishment at tair market price. eratton and submit a writ en repor reear•liUMMIrsa•Pbthihrni d. No Utter to Purchase may ve mate prior o e receipt o the necessary appraisalinC no Uffe-rs to Purchase shall be made in an amount more than the highest appraise price .. exceot by r.dirk—vnt.e af thA RAArr! nf Commissiopers e. Parceli purchased for water and sewer easements will reouirp nnlv —7 one 1990 1991 4-22200-166-35-00-1001 Salaries $(15;057) $(30,195) 4-22200-166-01-G0-1099 Salary Adjustment (1;359) 4-22200 -166-35-00-2070 Fringe Benefits (6;311) (12;622) 4-22200-166-01 -00-2099 Fringe Adjustment (408) 4-22200 -166-01-00-6735 Insurance 567 565 4-22200-166-88-00-3042 Pontiac General Hospital 20;441 44;019 S -0 $ -0- FINANCE COMMITTEE G. rii1iam Caddell; Chairperson 254 Commiezieners Minutes Continued. eons 28, 1e90 Mr. Chairperson; I move the adoption of the foregoing resolution. Thomas A. Law; Commissioner District 026 The Chairperson referred the resolution to the General Government Committee. There were ro objections. Commissioner David Moffitt offered the following amendment to Resolution #90164; presented by Commissioner Law: NOW THEREFORE BE IT RESOLVED that Rule X.; E.; be furtner amended as follows: f. BE IT FURTHER RESOLVED that writt-i .1 ' . . - ae, .. • . ".2. professionals o rea proper y proposei or -- ase in ee or. vs or oermanen ) •rovement' excepting rights oYyand sewer, wat dra1na or u ity easemen s; s a Be oitainee pri.erto ma in any otter purchase provided owever; haf—tnis requirement may be waived bujudge;Lti voteT the Planring and BuiTding Coittee. The Chairpersoe referred the amendment to Resolution 90164 offered by Commissioner Moffitt to the General Government Committee. There were no objections. Misc.'90165 Ry Commissioners Price; McConnell and Ferrens IN RE: RESIDENTIAL COMMUNITY DEVELOPMENT CORPORATION OVERSIGHT-CONTRACT WITH UNITED WAY OF OAKLAND To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS the condition of housing stock is a reflection of the well-being of a county; and WHEREAS the maintenance of property values is important to the individual owner and the governmental jurisdictions that derive revenue tased on property values; and WHEREAS certain communities In the county have housing stuck that is aging; and WHEREAS it has been found that the residential community developments corporations (CDC's) at the 'neighborhood' level can be eftettive in rejuvenating areas that are threatened by deterioretion; and WHEREAS the purpose of the dousing Collaborative Program of the United Way of Oakland promotes the development of residential CDC's and provides technical support And administrative oversight to existing CDC's; and WHEREAS it would be more cost efficient to contract for services from the United Way of Oakland to promote and strengthen residential CPC's than carry on this activity on its own, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves entering into the attached contract with the United Way of Oakland for the services outlined in that contract for tie sum of $50;543. BE IT FURTHER RESOLVED that United Way of Oakland report to the Public Services Committee of the Board of Commissioners in the month of October, 1991 on the following data: 1,. The number of residential CDC's in the County by city; village and township. 2. The number of such CDe's under the oversight of the Housing Collaborative Program. 3. The amount of money by source that was expended by CDC's for maintenance; rehabilitation and other neighborhood improvements during the period of September. 1990 through August 31; 1991. 4, The actual number of houses that were impacted through those expenditures by type of expenditure. S. A projection for the spread of the residential -CDC cuncept for the period of. September 1; 1991 through August 31; 1992 and the financial resources that may he available to maintain this movement. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is hereby authorized to sign said centrct. Mr: Chairperson, we move the adoption of the foregoing resolution. Hubert Price; Jr. Commissioner Dist. 8 . James D. Ferrer's; Nancy McConnell Copy of contract on fine in County Clerk's Office. The Chairperson referred tee resulution to the Public Services Committee and the Finance Committee. There were no objections. Misc. 90166 By Commissioner David L. Moffitt IN RE: DEVELOPMENT OF POLICY FOR CANDIDATE SCREENING AND SELECTION CRITERIA; AND TERM OF APPOINT- MENT FOR DEPUTY MEDICAL EXAMINERS To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS Public Act 181, of 1953, mandates that the Medical Examiner's Office shall investigate and have responsibility for determining the manner and cause of death of all sudden; unexpected, accidental or violent deaths; and ee enmenee LYNN D. ALLEN Clerk ROY REWOLD Chairperson Commissioners Minutes Continued, June 28; 1990 255 WHEREAS the Medical Examiner's Office; in addition; must determine the manner and cause of death of all police prisoners, as well as deaths from abortions; administration of drugs; therapeutic procedures; anestnetic; and deaths uneer suspicious circumstances; and those occurring without medical attention 48 hours preceding death; and WHEREAS the Medical Examiner's Office staff must also appear and give testimony in both criminal and civil proceedings; and WHEREAS over 2;353 cases were handled by the Medical Examiner's Office in 1989; with 580 autopsies and 80 post-mortem examinations conductec; and WHEREAS Deputy Medical Examiners are chosen by the Oakland County Department of Institutional and Human Services from amongst volunteer physicians; and are currently screened by simply determining if they are currently licensed in Michigan and if there are any currently pending complaints against them: and WHEREAS tnere presently exists no formal criterien for qualifications; no procedure for candidate screening; for appointment of Deputy Medical Examiners, no procedure for appointment; no definite term of appointment, and no policy regarding continuing education or conflicts of interest. NOW THEREFORE BE IT RESOLVED that the Oakland County Department of Institutional and Human Services develop, prepare and submit eroposed formal criteria for qualifications and screening of candidates for Deputy Medical Examiners, addressing areas of practice and investigatory procedure; educational standards; licensing qualifications, board certqication. BE IT FURTHER RESOLVED that the Oakland County :epartment of Institutional and Human Services establish appropriate policy addressing appointment of Deputy Medical Examiners; term of . appointment; conflicts of interest and continuing education requirements. Mr. Chairperson; I move the adoption of the foregoing resolution. David L. Moffitt; Commissioner Dist. 927 The Chairperson referred the resolution to the General Government Committee and the Public Services Committee. There were no objections. Misc. 90167 By Commissioner Hubert Price, Jr. IN RE: SOCIAL SERVICES - INDIGENT HEALTH CARE COSTS To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS Oakland County's indigent health care costs have continued to rise over the past several years with expenditures now reaching more than 54 million; and WHEREAS while the County's budget appropriation is consistently raised from year to year; the actual expenditure historically has seriously exceeded the anticipated allocation; and WHEREAS it is futile to continue to try to reduce indigent health care costs with wishful budget projections. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby appoints a five -member ad hoc committee to be comprised of tne Director of the Department of Social Services, Chairperson of the General Government Committee, two members of the Finance Committee (including one minority party Commissioner) and a cesignee of the County Executive to analyze Indigent health care costs and recommend cost reauction and control measures which can be accomplished without lessening medical service delivery and patient care; such recommendation to be made to the Finance Committee for its consideration in the 1951 budget process. Mr. Chairperson, I move the adoption of the foregoing resolution. Hubert Price; Jr.; Commissioner District 98 The Chairperson referred the resolution to the General Government; Finance and Public Services Committees. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson; GENERAL GOVERNMENT a. Village of Holly - (Oppose) ONR Move from Oaklane to Wayne County b. Iron County Bd. of Comm.- (Oppose) State & Federal Local Tax Deductions PLANNING AND BUILDING a. Wayne County Bd. of Comm.-Water Transmission Line Construction PUBLIC SERVICES a. Dept, of Social Services-Children's Village, Licensing Heport -Bldgs. H, A-North and Medical b. Dept. of Socail Services-Children's Village; Licensing Report-Bldgs. J; and A-South c. MAC Veterans Division - Officers List OTHERS --Cconissioners a. Thomas J. Bulger - Washington Report for the Week of June 11; 1990 The Chairperson stated the next meeting of the Board will be July 19; 1990 at 9:30 A.M. The Board adjourned at 2:48 P.M. OAKLAND COUNTY Board Of Commissioners MEETING 256 July 19, 1990 Meeting called to order at 9:35 A.M. by Vice Auditorium, 1200 N. Telegraph, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bisnop, Caddell, Chester, Johnson; R. Kuhn, S. Kuhn; Law, Luxcn, McConnell, Pappageorge, Pernick, Price, Skarritt, Wolf. (25) ABSENT: Calandro, Newolo. Chairperson Nancy MeConnell in the Courthouse Crake, Ferrens, Gosling, Huntoun, Jensen, McCulloch, McPherson, Moffitt, Oaks, Olsen, Quorum present. Invocation giver by Commissioner Marilynn Gosling. Pledge of Allegiance to the Flag. Commissioner Price reouested the minutes of the June 28, 1990 meeting be amended under Resolution #90167 by deleting the referral to Public Services Committee as this was an improper referral. There were no other corrections to the minutes so they were approved as printed. Moved by Olsen supported by Skarritt the rules be suspended and the agenda approved with the following: ITEMS ALREADY ON PRINTED AGENDA PUBLIC-StRVIIES tOMMITTEE a. Dept. of Institutional & Human Services/Children's - 1990191 Waterford School District Agreement (Waive Rule Xl. (F) Direct Referral to Finance Committee.) GENERAL GOVERNMENT COMMITTEE a. Dept. of Institutional 1 Human Services/Health Division - 1989/90 Substance Abuse Grant' Amendment (Waive Rules XXVII.; Five-day notification and Rule Xl.(F) Finance Committee out of sequence.) A sufficient majority having voted therefor, the motion to suspend the rules and approve the agenda carried. The following persons addressed the Board: Marilynn Burton-Ristau; Thomas Adams; John King and Darlene Berent. Discussion followed regarding the way money is alloted to various agencies under , the Substance Abuse Grant. Dr. Thomas Gordon; Manager of the Health Department and County Executive, Daniel T. Murphy addressed the Board answering concerns expressed by the Commissioners. Report (Misc. 90160 By Planning and Building Committee IN RE: FUNDING FOR PROSECUTOR'S MOVE TO OAKLAND POINTE BUILDING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the costs associated with the move of 257 Commissioners Minutes Continued. Ouly 19, 1950 the Prosecutor's staff, recommends approval as outlined on. the attached schedule. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Misc. 90168 By Finance Committee • IN RE: Prosecuting Attorney - FUNDING FOR MOVE TO OAKLAND POINTE OFFICE PARK II To the Oakland County Board of Commissioners - Mr. Chairperson; Ladies and Gentlemen: WHEREAS the Oakland County board of Commissioners by Miscellaneous Resolution 4190108 adopted on May 24; 1990, approved the moving and relocation of all divisions of the Prosecuting Attorney's Department to 33,200 square feet of leased space in the Oakland Pointe Office Park II, Pontiac, Michigan for a period of five (5) years; and WHEREAS the Facilities and Engineering has estimated the cost to move the Prosecuting Attorney's furniture, files and office equipment; install telephones, computer equipment and a security system (including burglar alarm and video surveillance systems); and purchase funiture and other associated items to be $198,000, as detailed in the attached schedule; and WHEREAS a portion of the costs for telephone wiring will be paid by Trammel Crow, Inc. t$7,000); and WHEREAS $148.000 is available in 1990 Capital Improvement Program-Building Fund; and WHEREAS the balance of funds ($43;000) is available in General Fund Contingency. NOW THEREFORE BE IT RESOLVED that the Oakland County board of Commissioners approves the moving and relocation expenses and establishment of the projest. BE IT FURTHER RESOLVED that funds be transferred to the Project Work Order Fund as follows: Project Work Order Fund $ 198,000 • General Fund Contingency (43,000) Building Fund (148,000) • Due from Trammel Crow (7,000) -0- Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. • FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Crake supported by Caddell the resolution be referred back to the Planning and Building Committee for further study. There were no objections. Mist. 90169 By Finance Committee IN RE: Corporation Counsel - MUT AMENDMERT FOR CETA AUDIT LEGAL EXPENSE. To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resoluti #8883, applied for and was granted the designation as a Comprehensive Employment and Prime Sponsor by the U.S. Department of Labor; and WHEREAS various CETA audits and a special purpose close-out review have certain costs being questioned and disallowed exceeding $4;000,000; and WHEREAS in various resolutions; authorization has been given to enter into a Services contract for legal services with Charles G. Preston for assistance to questioned costs; and WHEREAS funds for these legal and related expenses are available in the established to pay for the disallowed costs. NOW THEREFORE BE 17 RESOLVED that the 1990-1991 Biennial Budget be amended include $25,000 for the CETA Loss Designated Fund Balance (1-10100-492-001) to pay for miscellaneous expenses pursuant to our representation on the CETA audits: REVENUE 1990 3-101110-9(19-01-00-9901 Prior years Balance Wpm $25,000 CEA loss designated fund balance) . EXPENSES 4-10T00-901-01-00-9i12 CETA Audit-Legal Expense $21 .,000 4-10l00-901-01e00-9113 CETA Audit-Misc. Expense 4;000 $15-;000 S -O- ft. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson on #6645 and Training Act resulted in Professional resolve the reserve fund as follows to the legal and 258 Commissioners Minutes Continued. July 19, 1990 Moved by CadOell supported by Pappageorge the resolution be adopted. AYES: Aaron; Bishop; Caddell; Chester; Crake; Ferrens, Gosling; Hurtoon; Jensen, R. Kuhn, S. Kuhn; Law; Luxon; McConnell, McCulloch; McPherson; Moffitt; Oaks, Olsen; Pappageorge; Pernick, Skarritt; Wolf. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90170 By Finance Committee IN RE; . Corporation Counsel - APPOINTMENT OF COUNSEL - CHARTER TWP. OF ORION v OAKLAND COUKTY BOARD OF COMMISSIONERS; ET AL, Case No. 9G-3927a3-CE To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen; WHEREAS the Townsnip of Orior filed a lawsuit against the Oakland County Board of Commissioners and Solid Waste Planning Committee; Case No. 90-392783-CE, on July 9, I99D, challenging the Solid Waste Management Plan adopted or duly 28, 1990, by the Oakland County Board of Commissioners as a violation of Solid Waste Disposal Act and Rules and a violation of the Michigan Environmental Protection Act; and WHEREAS the law firm of Dickinson, Wright, Moon, Van Dusen and Freeman has declined representation of Defendants in this action, citing a conflict of interest; and WHEREAS it was necessary to retain counsel ramediately in order to appear at a hearing on duly S, 1990, at which time a Show Cause Nearing date was set for July 30, 1990; and WHEREAS the law firm of Kohl, Secrest, Wardle, Lynch, Clark and Hampton was retained by the Department of Corporation Counsel due to its familiarity with Oakland County's Solid Waste Management Plan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the retention of the law firm of Kohl, Secrest; Wardle, Lynch, Clark and Hampton at the rate as established by the Board of Commissioners to represent the Defendants in the case of Charter Township of Orion v Oakland County Board of Commissioners and Solid Waste Planning Committee, Case No. 90-392783-CE. Mr. Chairperson, en behalf of the Finance CoTmittee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Pernick the resolution be adopted. AYES: Bishop, Caadell; Chester; Crake; Ferrens; Gosling, Kuntoon; Jensen; Johnson; R. Kuhn; S. Kuhn; Law; Luxon; McConnell; McCulloch; McPherson; Moffitt; Oaks, Olsen, Pappageorge; Price, Skarritt; Wolf. (23) NAYS: Pernick; Aaron. (2) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90171 - By Finance Committee IN RE: Board of Commissioners - PROFESSIONAL SERVICES AaREEMENT WITH HASSETT & BASSETT To the Oakland County Board of Commissioners Mr. Chairperson; Ladies anc Gentlemen: WHEREAS it is necessary for the County of Oakland to obtain communication -services for the development of an educational program regarding the Act 641 Solid Waste Plan; and WHEREAS it is recommended that the firm of Bassett 6 Bassett be retained to develop a plan of work for such an educational program., NOW 'THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract retaining Bassett & Bassett with a limit of $10,000 for the purpose of formulating a work plan for an education program on the Act 641 Solid Waste Plan. BE IT FURTHER RESOLVED that the Board Chairperson is directed to execute Said document. FINANCZ COMMITTEE G. William Caddell; Chairperson Copy of Communication Management and Consultiog Agreement on file in the County Clerk's Office. Moved by Caddell supported by Skarritt the resolution be adopted. Moved by Gosling supported by Pappageorge the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph by adding after $10;000, 'inclusive of professional services and all expenses'', for the purpose of formulating 259 Commissioners Minutes Continued. July 19, 1990 A sufficient majority having voted therefor; the amendment carriec. Vote on resolution, as amended: AYES: Caddell; Chester; Craee; Ferrens; Gosling, Huntoon, Jensen. Johnson, R. Kuhn, S. Kuhn; Law; Luxon; McConnell; McCulloch, Moffitt, Caks; Olsen,-Pappageorge; Pernick, Price, Skarritt; Wolf; Aaron; Bishdp. (24) NAYS: McPherson. (1) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90172 By Finance Committee IN RE: Department of Institutional and Human Services/Community Mental Health - CHAMBERLAIN HOUSE PROGRAM ENHANCEMENT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to MisceEaneous Resolution #89105, the Community Mental Health Board applied to the Michigan Department of Mental Health, for 69 seaarate program enhancement requests; and WHEREAS one of the requests was to enhance the current Chamberlain House, an adult residential facility in the City of Pontiac funded under contract with the Parents' Foundation; and WHEREAS the Michigan Department of Mental Health has awarded the Community Mental Health Board the Chamberlain House Program Enhancement in the amount of S128,526; of which the State is picking up 100% of program cost; and WHEREAS this is a contracted program; no aaditional County personnel are required; and WHEREAS acceptance of this Program does not obligate the County to any future cemmitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Chamberlain House Program Enhancement from the Michigan Department of Mental Health in the amount of $128,526. BE IT FURTHER RESOLVED that the 1990/1991 Biennial Budget be amended as follows: 1990 1991 Revenue 3-22200-166-01 -00-2589 State Matching Paymtnts S128,526 $128,526 Expenses 4-2 0- 66-84 -00-3042 Client Services $128,526 $128,526 $ -0- $ -0- Mr. Chairperson, on behalf cf the Finance Committee, move the actopflicFla'ille foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Jensen the resolution be adopted. AYES: Chester; Crake; Ferrens, Gosling; Huntoon, Jensen; Johnson; R. Kuhn; Law; Luxon, McConnell; McCulloch; McPherson; Moffitt; Caks; Olsen; Pappageorge; Pernick, Price, Skarritt; Wolf, Aaron; Bishop, Caddell. (24) NAYS: None. (0) A sufficient majority having voted therefor; the resolution was adopted. Misc. 90173 By Finance Committee IN RE: Computer Services - DEPARTMENT OF SOLID WASTE MANAGEMENT OFFICE AUTOMATION To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS a software package (HANNAH) is subscribed to by the County to access current legislative information; and WHEREAS through HANNAH; information relevant to solid waste management is available such as: a listing of purchasers and vendors of recycled materials; material recovery facilities, landfills and composting sites; and current purchase prices for recyclable materials; and WHEREAS HANNAH also provides a breakdown of materials that have been classified for recycling; hazardous waste disposal, and special handling; and WHEREAS a personal computer located in the Department of Solid Waste Management is necessary to access this information; and WHEREAS a personal computer would also provide word processing capability to the department; and WHEREAS total capital costs for hardware and software are estimated to be $1900; and WHEREAS operating costs are $1;596 annually and $796 for the remainder of 1990; and WHEREAS this request has been approved by the Computer Users Advisory Council. 250 Commissioners Minutes Continued. july 19 ., 1990 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the following amendment to the 1990/1991 Biennial Bucget for automation of the Department of Solid Waste Management: 1990 ' 1991 General Fund Expenditures 4-1o100-1oi-ol-oo-8m Transfer Cut to Solid Waste . 5 Z;698. S -0- 4-1010D-909-01-00-9912 Special Contingency (2G98) Total $ 70-- $ -0-, .Solid Waste Fund Revenue -17MM-10/-01-00-8101 Transfer In from General Fund $2,698 $ -0- 3-83300-101-01-00-2560 Sale of Bonds -o- 1 .,596 Subtotal $2,69B $1;596 Expenditures 4=833O-09131=01-00-6360 Computer Services Operations $ 798 $1;596 4-83300-101 -01-00-8615 Transfer Out to Computer Services 1,900 -0- Subtotal $2,698- 51776- Total 1--0.-: s -0- Computer Services Fund . Revenue 3-63600-181 -01-00-2355 Special Revenues & Proprietary $ 798 $1,556 3-63600-181-01-D0-8330 Transfer In from Solid Waste 1,90G • -0- Subtotal $2,698 ir-W5, Expenditures 4-63600-181-01-00-3334 Depreciation $ 798 51,596 1-63600-455-01 Revenue Over (Under) Expenses $1,900 $. -0- Tote; -r---3- Mr. Chairperson, on behalf of the Finance Committee; I move the adoption of tne foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. AYES: Crake, Ferrens; Gosling, Huntoon; Jensen; jonnson; R. Kuhn, Law, Luxon, McConnell; McCulloch; McPherson, Moffitt; Oaks; Olsen; Pappageorge, Pernick; Price; Skarritt, Wolf, Aaron, Bishop; Caddell; Chester. (24) NAYS: None. (0) A sufficient majority majority having voted therefor, the resolution was adopted. Misc. 90174 By Planning and Building Cemmittee IN RE: Drain Commissioner - APPOINTMENT OF DEPUTY DRAIN COMMISSIONER (Glen Yrjanainen) To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: ' WHEREAS pursuant to the provisions of Act 40 of the Public Acts of 1956; as amended; the Oakland County Drain Commissioner may appoint one or more Deputy Drain Commissioners and such appointments must be approved by the County Boarc of Commissioners; and WHEREAS George W. Kuhn; Oakland County Drain Commissioner, has appointed Glen Yrjanainen as a Deputy Drain Commissioner; and WHEREAS George W. Kuhn; Oakland County Drain Commissioner has requested the approval of the appointment of Glen Yrjanainen as a Deputy Drain Commissioner. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of -Commissioners hereby approves the appointment of Glen Yrjanainen as a Deputy Drain Commissioner. Mr. Chairperson, OR behalf of the Planning and Building Committee, 1 move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake; Chairperson The Vice Chairperson referred the resolution to the General Government Committee. There were no objections. Misc. 90175 By Planning and Building Committee IN RE: Department of Public Works - AUTHORIZATION TO REC:IVE BIDS - ANIMALCONTROL CENTER REROOFING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the shingle roof on the Animal Care Center is approximately 16 years old and in 261 Commissioners Minutes Continued. July 19; 1990 need of replacement; and WHEREAS the replacement sningle roof on the Youth Activities Center has already been authorized for bidding ,by Miscellaneous Resolution 89231; ant WEREAS it has been recommended to bid both buildings as one project; and WHEREAS Animal Control Center Reroofing is estimated to cost S85 1 000; and WHEREAS funding for this project is available in the Reroofing line item of the 1990 Capital Improvement Program, NOW THEREFORE BE IT RESOLVED that the Department of Public Works be; and is hereby, authorized to advertise said project for bids; receive bids, and to report to the Planning and Building Committee upon receipt and tabulation of such bids. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. :rake; Chairperson Moved by Crake supported by Ferrens the resolution be adopted. AYES: Ferrens, Huntoon; ,ersen; Johnson; R. Kuhn, Law; McConnell, McCulloch, McPherson; Moffitt, Oaks; Olsen; Pappageorge; Pernick; Skarritt; Wolf, Aaron, Bishop, Chester; CraXe. (20) NAYS: None. (0) - A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90150) By Personnel Committee IN RE: Central Services/Administration/Record Retention Unit - CREATION OF ONE (1) GOVERNMENTAL CLERK I POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson; on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calanera, Chairperson Misc. 90150 By Planning and Building Committee IN RE: Central Services/Administration/Record Retention Unit - CREATION OF ONE (1) GOVERNMENTAL CLERK I POSITION To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: • WHEREAS there has been a substantial increase in Record Retention's workload since it last received a position in 1986; and WHEREAS Record Retention is now preparing records for microfilming requiring one of the unit's staff to work predominantly in this capacity; and RHEREAS the unit is implementing a new open filing system for Circuit Court records which initially increases the amount of time reouired to load files on shelving; and WHEREAS Record Retention is unable to continue preparing all non-court related records for moving to another location because of the unit's increased workload; and WHEREAS the Clerk's Office supports Record Retention's request for an additional position so that additional records can be received by Record Retention and to ensure timely access to court files; and WHEREAS it is anticipated that the addition of one clerical position will reduce overtime NOW THEREFORE BE IT RESOLVED that one (1) governmental Clerk I position be established in Central Services/Administration/Recorc Retention unit. Mr. Chairperson; on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Fiscal Mote (Misc. 90150) By Finance Committee IN RE: Central Services/Administration/Record Retention Unit - CREATION OF ONE (1) GOVERNMENTAL CLERK I POSITION To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: Pursuant to Rule XI-'G of tnis Board; the Finance Committee has reviewed Miscellaneous Resolution #90150 and finds: costs; costs; Commissioners Minutes Continued. JLly 19, 1950 262 1) The Record Retention Unit of Central Services Administration is requesting one (1) governmental, full -time eligible Clerk I position; effective date 7-28-90. 21 The position is requested due to the increase in workload resulting from microfilming, implementation of a new filing system and an increase in court activity, 3) The annual cost for this position is $21;707; $15,254 for Salaries and $6,453 for Fringe Benefits with a 4.5 percent increase anticipated in 1991; 4) The remaineer of the year costs fur 1990 is $9,231; $6;487 for Salaries and $2;744 for Fringe Benefits; 51 The 1990/1991 Biennial Budget should be amended as follows: 1990 1991 4-10100-909-01-00-9900 General Fund Contingency ($9.n1) ($23,980) 4-10100-131-05-00-1001 Salaries $6,487 $16;852 4-10100-13/-05-0C-2074 7ringe Benefits 2,144 7;128 $ -0- Mr. Chairperson; on behalf cf the Finance Committee, I move the adoption of the foregoing report. FINANCE COMMITTEE G. William Caddell; Chairperson Moved by Crake supportec by Bishop the Personnel Committee Report be accepted. A sufficient majority having voted therefer;.the report was accepted. Moved by Crake supported by Bisnop the resolution be adopted. AYES: Gosling; Huntoon; Jensen; Johnson, R. Kuhn; Law; McConnell; McCulloch, McPherson; Moffitt, Oaks, Olsen; Pappageorge; Pernick; Skarritt; Wolf; Aaron; Bishop; Caddell; Chester; Crake; Ferrens. (22) NAYS: None. (0) A sufficient majority having voted therefor; the resolution was adopted. Repert (Misc. 90176) By Personnel Committee IN RE: Department of Institutional and Human Services/Children's Village - 1990/1991 WATERFORD SCHDOL DISTRICT AGREEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee; having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on benalf cf the Personal Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Misc. 90176 By Public Services Committee IN RE: Department of Institutional and Human Services/Children's Village - 1990/1991 WATERFORD SCHOOL DISTRICT AGREEMENT To the Oakland County Board of Commissioners Mr. Chairperson; Ladies andGentlemen: WHEREAS providing a quality education for youngsters in care at Children's Village is an essential service to the children residing therein; and WHEREAS the Waterford School District provides for the staffing of the Children's Village School Program .. and - WHEREAS representatives of the Oakland County Board of Commissioners, the County Executive and the Waterford School District have agreed to staffing requirements; contract language and preliminary 'estimates of revenue and expenditures; and WHEREAS this agreement includes funding for one (1) full-time Waterford Schools librarian position, which eliminates tne need for the part-time librarian position in the Reference Library (#5130106535); this position can be eliminated effective August 18; 1990; and WHEREAS the funding of this contract is subject to the County Board of Commissioners budget process; and - WHEREAS this agreement ,as been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement with the Waterford School District anc that the Chairperson of the Oakland County Board of Commissioners is authorized to sign the agreement. BE IT FURTHER RESOLVED that one (1) part-time Librarian position in the Reference Library (#5130106535) be deleted effective August 18; 1990. 263 Commissioners Minutes Continued. July 19; 1990 Mr. Chairperson; on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PJBLIC SERVICES COMMITTEE Richard D. Kuhn; Jr.; Chairperson Copy of Agreement between Waterford School District anc Oakland County is on file in the County Clerk's Office. Fiscal Note (Misc. 90176) By Finance Committee IN RE: Department of Institutional and Human Services/Cnildreh's Village - 1990/1991 WATERFORD SCHOOL DISTRICT AGREEMENT To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: Pursuant to Rule XI-G of this Board; the Finance Committee has reviewed Miscellaneous Resolution #90176 and finds: 1) This agreement covers the period July 1; 199C througn June 30, 1991. 2) The proposed 1990/1991 agreement includes a cost increase of 5165,764 above the 1989/1990 agreement, as detailed in the attached schedule. 3) School aid revenues are estimated to decrese by $238,100 from the 1989/1990 estimate due to reduced enrollment and changes in special education certification requirements; the actual revenue amounts are subject to passage with a School Aid Formula oy the state legislature. 4) This agreement reduces the full-time teaching staff by one (1); adds one (1) full-time Office Aide and one (1) full-time Waterford Schools librarian. 5) The new contracted librarian position eliminates the need for the part-time librarian position in the Reference Library (#5130106535); that position will be deleted effective August 18; 1990, 6) The following amendments to the 1990/1991 Biennial Bucget are recommended: 1990 1991 Revenues 3-29230-165-01-00-2056 Child Care - State Aid . 5(260,100) $ -0- Ex enses 4-290-165-55-0O-3514 Membership; Dues 4 PO. $ 171 $ 4-29230-165-55-00-3571 Books & Periodicals 5,058 4-29230-165-55-00-3726 Teacher Services 4 Expenses • 20,000 4-29230-165-55-00-3727 Training 160 4-29230-165-55-00-4836 Educational Supplies 660 4-29230-165 -55-00-4898 Office Supplies 100 4-29230-165-55-00-4909 Postage (50) 4-29230-165-55-00-4913 Provisions (200) 4-29230-165-55-00-4917 Recreational Activities 500 4-29230-165-55-00-4918 Recreational Supplies (75) 4-29230-165-55-00-4926 Small Tools 150 4-29230-165-55-00-5998 Capital Outlay 6;974 4-29230-165-55-00-6360 Computer Services - Operations 5,650 4-29230-165-55-00-6333 Stores - Provisions 450 4-29230-513-01-00-1001 Ref. Library - Salaries (5,248) (1 3;438) 4-29230-513-01-00-1090 Salary Adjustment (1;237) 4-29230-513-01-00-2070 Ref. Library - Fringe Benefits (1;511) (3;953) 4-29230-513-01-00-2090 Fringe Adjustment (371) 4-29230-513-01 -00-5735 Ref. Library - Insurance Fund .(40) (108) 4-10100-513-01-00-3571 Ref. Library - Books 4 Periodicals (6;690) (8;lOO) 4-10100-513-01-00-5998 Capital Outlay MO) (535) 4-10100-909-01-00 -9900 Contingency (286;259) 27,742 v260;130) -D - • 7) A review will be conducted after the fourth (4th) Friday Count in September. Should enrollment decline and revenue be reduced; staffing reductions will be recommended. FINANCE COMMITTEE G. William Caddell; Chairperson Moved by Richard Kunn supported ay McPherson the Personnel Committee Report be accepted. A sufficient majority having voted therefor; the report was accepted. Moved by Richard Kuhn supported by McPherson the resolution be adopted. Commissioners Minutes Continued. july 19; 1990 264 AYES: huntoon; Jensen; Johnson; R. Kuhn; Law; McConnell; McCulloch; McPherson; Moffitt; Oaks; Pappageorge; Pernick; Price; Skarritt; Wolf; Aaron; Caddell; Chester.; Crake; Ferrens; Gosling. (21) NAYS: Olsen; Bishop. (2) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90177 By Public Services Committee IN RE: CIRCUIT COURT MEDIATION To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS the Michigan Supreme Court amended Michigan Court Rule 2.403 effective March 30; 199D, thereby requiring a number of changes to the Circuit Court's Mediation Program; and WHEREAS, simultaneously the Circuit Court was considering internal procedural revisions to improve mediation services to the practicing bar and the public; and WHEREAS the Circuit Court has determined to pool all cases ready fa. mediation (regardless of which Judge the case is assigned to) to provide greater flexibility in scheduling and eliminate delay in mediation settings; and WHEREAS the Court has determined to revise mediation payment procedures so that the Court; instead of the mediators; will handle all booekeeping responsibilities and pay the mediators a per diem of $1;000 for their services; and WHEREAS this revision in payment procedures wifl allow the mediators to concentrate all of of their time and attention on the cases to be mediated rather than the bookkeeping details; and WHEREAS the Court proposes that the funds for the Circuit Court Mediation Program be handled in a manner similar to that for the receipt and Cistribution of funds forfeited through narcotic seizures; and WHEREAS the balance of funds received from this program after payment of the mediator- attorneys be used to help pay for Circuit Court enhancements and improvements. NOW THEREFORE BE :T RESOLVED that the Circuit Court Mediation Program is established as follows: 1. The $75 each party pays for mediation pursuant to MCR 2.403 (H)(I) and the fine.for failure to timely serve copies of mediation documents to attorneys of record pursuant to revised NCR 2.403 shall be received and distributed in a manner similar to that established for funds forfeited through narcotic seizures. 2. Each mediator shall be paid $1,000 per day for his or her services from these funds. 3. The fund balance at the end of each fiscal year will be used to help pay for Circuit Court enhancements and improvements only as requested by the Circuit Court and approved by the Board of Commissioners. 3E IT FURTHER RESCLVED that this proposal and procedure be implemented August 1, 1990, and reviewed at year end 1991 to report and assess its performance. Mr. Chairperson; on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PLBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr.; Chairperson The Vice Chairperson referred the resolution to the Finance Committee. There were no objections. Report (Misc. 90161) By Personnel Committee IN RE: Public Services Employment and Training Division Budget - PROGRAM YEAR 1990 To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: The Personnel Committee; having reviewed the above referenced resolution; reports with the recommendation that the resolution be adopted. Mr. Chairperson; on behalf of the Personnel Committee; I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandro; Chairperson Misc. 90161 By Public Services Committee IN RE: Public Service Department - EMPLOYMENT AND TRAINING DIVISION BUDGET PRURAM YEAR 1990 To the Oakland County Board of Commissioners Mr. Chairperson; Ladies anC Gentlemen: WHEREAS notice of allocation of Job Training Partnership Act (JTPA) funds has been received from the Michigan Department of Labor for Program periods and funding sources as outlined in Attachment A; and WHEREAS the funding sources as shown in Attachment A for the total amount of $6;016,711 serve as an estimate of Program Year 1990 JTPA fund availaeility; subject to finalization of 265 Commissioners Minutes Continued. July 19; 1990 carry-forward funds from the previous year; and WHEREAS the JTPA is totally supported through federal funds and requires no financial match support from the Oakland County General Fund; and WHEREAS Article V of the Balance of Oakland County Private Industry Council's By -Laws delegates to the Council's Executive Committee authority to manage; direct and control the operational affairs of the Council; and WHEREAS the Executive Committee of the Balance of Oakland County Private Industry Council is scheduled to review the Employment and Training Division Administrative Budget for Program Year 1990; as shown in Attachment B; covering the period July 1; 1990 to June 30; 1991; and WHEREAS the Program Year 1989 budget included one position that is currently unfunded and can be deleted; specifically an Employment and Training Technician III (#2597)4 NOW THEREFORE BE IT RESOLVED that the Program Year 1990 Employment and Training Division Budget for the period July 1, 1990 through June 30; 1991 De aeopted for the total amcunt of $6,016'i/11 as follows: 1. To establish an Adeinistrative budget of $854,448 for staff salaries, fringe benefits; and related operating costs. 2. To provide for an appropriation contingency of 55,162,263 for JTPA program . operations. BE IT FURTHER RESOLVED that an Employment and Training Technician 111 position (ff2597) be deleted. BE IT FURTHER RESOLVED that the Employment and Training Division will prepare and present a written status report to the Public Services Committee on a yearly basis. Mr. Chairperson; on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard O. Kuhn; Jr., Chairperson Fiscal Note (Misc. 90161) By Finance Committee IN RE: Public Services Department - Employment and Training Division - BUDGET PROGRAM YEAR 1950 To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen; Pursuant to Rule XI-G of this Boarc, the Finance Committee has reviewed Miscellaneous Resolution #90161 and finds: 1) The Employment and Training Division has requested to amend its 1990-1991 Biennial Budget to reflect the Program Year grant award in the amount of $6-,016,711 (Administrative budget $854;448; operations budget $5;162;263) for the period July 1; 1990 through June 30; 1991; 2) A comparison of the approved budget to the proposed budget is included in Schedules A and B (1990 and 1991 respectively); 3) The proposed budget has one unfunded vacant position, specifically an Employment and Training Technician III (02597) that is recommended to be deleted; 4) The proposed budget amendments in Schedules A and B for Program Year 1990-1991 are recommended. FINANCE COMMITTEE - G. William" Caddell; Chairperson Moved by Richard Kuhn supported by Oaks the Personnel Committee Report be accepted. . A sufficient majority having voted therefor; the report was accepted. Moved by Richard Kuhn supported by Oaks the resolution be adopted. AYES: .Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, McPherson; Moffitt; Oaks, Olsen, Pappageorge; Pereick; Price, Skarritt, Wolf, Bishop, Caudell, Chester, Crake; Ferrens; Gosling; Huntoon. (22) NAYS: None. (0) A sufficient majority having voted therefor; the resolution was adopted. Misc. 90178 By General Government Committee IN RE: Department of Institutional and Human Services/Healtn Division - 1989/1990 SUBSTANCE ABUSE GRANT AMENDMENT To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: • WHEREAS through Miscellaneous Resolution #89242, the Board of Commissioners accepted the 1989/1990 Substance Abuse Grant from the Michigan Department of Public Health in the amount of S2;389;850 with a total program effort (including fees and local contributions) budgeted at $3,963,514; and WHEREAS on March 12, 1990, an amendment was approved by the Chairperson of the Board of Commissioners increasing the state grant award by $132;890 to $2,522,740, and the total program budget by $138',890 to $4002,404; and Commissioners Minutes Continued. July 19; 1990 ' 266 WHEREAS the Michigan Department of PJblit Health through the Office of Substance Abuse Services; has allocated to Oakland County an additional $928;424 in state grant funds; generated by a supplemental Federal Block Grant appropriation; leaving the total 1989/1990 State Grant at $3;461;222; and WHEREAS an additional $137;260 in fees and local contributions will give Oakland County direct sobstance abuse efforts a total allocation of $5;168;146; and WHEREAS the increase in local contribution from Oakland County has already been budgeted; no additional County resources are required; and WHEREAS the Office of Corporation Counsel has reviewed and approved the grant amendment as to legal sufficiency; and WKEREAS acceptance of this amendment does not obligate the County to any future commitment. NOW THEREFORE BE :T RESOLVE] that the Oakland County Board of Commissioners accepts the 1989/1990 Substance Abuse Grant Amendment in the amount of $928;482 for a total 1989/1990 State Substance Abuse Grant of $3;451;222. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute said grant amendment and to approve additional changes and grant extentions not to exceed fifteen (15) percent variance; which are consistent with the origina grant as approved. Mr. Chairperson; on behalf of the General Government Committee; I move the adoption of the foregoing resolution. Fiscal Note (Misc. 90178) By Finance Committee IN RE: Department of Institutional and Human Services/i-lealth Division - 1989/1990 SUBSTANCE ABUSE GRANT AMENDMENTS To the Cakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: Pursuant to Rule XI-G of this Board; the Finance Committee has reviewed Miscellaneous Resolution #90178 and finds: 1) The current Substance Abuse Grant from the Michigan Department of Public Health (KPH) equals $2;622;740; which includes an original allocation of $2,389;850 and an amendment; signed March 12; 1990; of $132;890. 2) The MDPH has allocated an additional $928;482 in Substance Abuse Grant funds to Oakland County; the entire amount representing contracted services. 3) An additional $137;260 in fees and local contributions will be generated by the grant fund increase; the Oakland County amount of the increase is already budgeted; no additional County resources are required. 4) Amendments to the 1990 Substance Abuse Grant budget; increasing revenue and expenses by $928,482 as detailed on Schedule B; are recommended. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Skarritt supported by Jensen the resolution be adopted. Discussion followed. Moved by Oaks supported by McPherson the resolution be referred back to the General Govern- ment Committee. OP. Caddell objected to the referral. The Chairperson stated an "AYE" vote will refer the resolution; a "NAY" vote will leave the resolution before the Board for consideration. AYES: Luzon; McPherson; Oaks; Pernick; Price; Aaron; Chester. (7) NAYS: Johnson, R. Kuhn; Law; McConnell; McCulloch; Moffitt; Olsen; Pappageorge; Skarritt, 'Wolf; Bishop; Caddell; Crake; Gosling; Huntcon; Jensen. (16) A sufficient majority not having voted therefor; the motion to refer failed. Vote on resolution: AYES: R. Kuhn; Law; McConnell; McCullocn ., Moffitt; Oaks; Olsen; Pappageorge, Skarritt; Wolf; Aaron; Bishop; Caddell; Chester; Crake; Gosling; Huntoon; Jensen, Johnson. (19) NAYS: Luxon, McPherson; Pernick; Price. (41 A sufficient majority having voted therefor; the resolution was adopted. GENERAL GOVERNMENT COMMITTEE . Riaard G. Skarritt; Chairperson 267 - Commissioners Minutes Continued. July 19; 1990 Misc. 90179 By Personnel Committee • • IN RE: Personnel Department - SALARY ADMINISTRATION SECOND QUARTERLY REPORT FOR 1990 To the Oakland County Board of Commissioners Mr. Chairperson; Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of • Commissioners for Grades 1 - 21 provided- for a review and appeal process for departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the Second Quarterly Report for 1990 was suamitted to the Personnel Committee identifying the reviews requested and the salary grade changes recommended by the Personnel Department after completion of this review process; and WHEREAS funds have been estaaliahed in the Classification and Rate Change fund to implement salary grade changes resulting from salary administration quarterly report recommendations; and WHEREAS the Personnel Committee l'as reviewed and approved this report; NOW THEREFORE BE IT RESOLVED that changes in salary grade placement and reclassifications be implemented as shown: Retitle to Activities Coordinator-MCF Drain & Pollution Control . Maintenance Supervisor (6112502036) Chief-SOC Pollution Control (6112502309) Reclassify one position to new class of Senior Entrepre- neurial Specialist (NO/DT) I move the adoption of the PERSONNEL COMMITIEE John P. Calandro, Chairperson The Vice Chairperson referred the resolution to the Finance Committee. There were no objections. - In accordance with Rule XXII the following referrals were made by the Chairperson: FINANCE a. Michigan Association of Counties - 1991 County Dues Statement b. Military Order of the Purple Heart - Request for Farris GENERAL GOVERNMENT a. City of Birmingham (Oppose) HB 4250 Binding Fact Finding (PERA) b. City of Birmingham (Oppose) Relocation of Oakland County ONR Office c. Pamela Heichel-Environmental Health Dept./Hazardous Waste d. MI Commission on Spanish Speaking Affairs-Public Hearings on the Quality of Life of • Hispanics it the State of Michigan e. Oakland County Road Commission-1990 Tr-Party Program - Phase II f. Iron County Board of Commissioners- (Support) HB 3092 - MOE Payments PLANNING AND BUILDING a. olid Waste - Landfill Contract (RFP) Ro PUBLIC SEAIC Commission - Recycling Efforts ISad a. 4-H Fair --Sheriff's Services Request OTHERS Commissioners a. Thomas J. Bulger- Washington Report for the Week of June 26; 1990 Richard Kuhn; Jr. a. Mich. Dept. of Social Services - Children's Village -Special Investiagtion #63-13-12-90. Management & Budget a. Equalization - Ind. Fac. Ex. In Excess of 5% SEV, Automotive Products (USA) Inc.; City of Auburn Hills The Vice Chairperson stated the next Board Meeting will be August 9; 1990 at 9:30 A.M. The Board adjourned at 11:10 A.M. LYNN D. ALLEN NANCY MC CONNELL Clerk Salary Grade Classification From: To: Patient Activities Coordinator (1634502303) 7 8 County Librarian (5130102083) Entrepreneurial Specialist (1920104652) 10 1 15 11 12 13 12 13 Retitle to SOC Laboratory Supervisor Mr. Chairperson; on behalf of the Personnel Committee, foregoing resolution. )(ice ChOrperson 268 OAKLAND COUNTY Board Of Commissioners MEETING August 9, 1990 Meetrig called to order by Ghairpersun Roy Rewold ac 9:3 ,7 A.M. in the Commissioners Auditorium, 121,10 H. Telegraph Road. Pontiac, Michiavi. gl called, PRESENT: Aaron. Cade11, Chestu. Crake, Ferrens. Gosling, Huntoon, ,:lensen. Johnson, Richard Kuhn, Law, 1.1cCtell, McCulloch, Maner5on, Y.ol-fitt. Oaks. 61sen, Pappar4eorge, Pernick, Price, Rewold, Skarritt, Wolf. (23) ABSENT: Bishop; Calandro, Susan Kuhn, Luxor. (4) • Quorum Present. • Invocation given by,Commissioner Donald W. Jensen. Pledge of Allegiance to the Flag. . Moved by Pappagcorge supported by Oaks the minutes of the July 19, 1990 Board Meeting be approved as printed. . A sufficient majority. having voted therefor, the minutes were approved. Moved by Olsen supported by Aaron the Rules be suspended and the agenda 'amended for the following item on the printed agenda: . PLANNING AND BUILDING CGMMITTEE: b. Drain Commissioner - Orchard Lake Village Sanitary •Sewer bonds (Waive Rule XI F - 'Direct Referral to Finance Committee) - A sufficient majority having voted therefor, the motion to suspend the rules carried. Vote on agenda, as amended: AYES: Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon e Jensen. Johnson, R. Kuhn, Law, McConnell, .McCulloch, McPherson, Moffitt, Oaks, Olsen. Pappageorge, Pernick, Rewold, Skarritt. Wolf. (22) NAYS: None. (0) A sufficient majority having voted therefor, the agenda, as amended, was approved. - County Executive Daniel T. Murphy presented NACo awards to the followin9 persons: Robert Conway. Ur. Thomas Gordon. Mieneale Worrell, Don Bailey, Lloyd Hampton, Sandra McKay, Jeff Pardee and Deborah McAleer. • John King'addressed tne Board. • Richard Kuhn presented a Commendation to Ann Sach of the Sheriff's Department for her 50 years service with the Sheriff's Department. Report (Misc. 90180) By Public Services Committee IN RE: MILITARY ORDER OF THE PURPLE HEART - REQUEST FOR F9NOING To the Oakland County To the Oakland County Board of Counissinners Mr. Chairperson. Ladies and Gentlemen: 269 Commiesioners Minutes Continued. August 9, 1990 The Public Services Committee, having reviewed the above referenced matter, reports with the recommendation that the request be approved. Mr. Chairperson, on behalf of the Public Services Cormittee, I submit the foregoine report. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Misc. 90180 By Finance Committee IN RE: VETERANS' CONVENTION - REQUEST FROM M/LITARY ORDER OF PURPLE HEART OF THE U.S.A. , To the Oakland County Board of Commissioners Mr. Chairperson. Ladies and Gentlemen: WHEREAS State of Michigan Act 323 of 1539 empowers the board of supervisors of a County to appropriate money from the general fend for contribution towards conventions held by veterans' organizations of the wars of the United States; and WHEREAS the Military Order of the Purple Heart of the U.S.A.. is hosting their 58th National Convention in Novi, Michigan from August 14 through August 18, 1990: and WHEREAS the 'Military Order of the Purple Heart is a non-arofit veterans' service organization comprised of combat wounded veterans who provide services to all veterans and their dependents; and WHEREAS the Purple Heart is requesting an appropriation of $5,00 to be used towards their convention as allowed by Michigan State Act 323; and WHEREAS funding is available in the 1990 Contingen:y accourlt. HOW THEREFORE BE IT RESOLVED that funding of $5,000 be appropriated in a Non-Departmental account for the Military Order of Purple Heart of the U.S.A. to defray convention costs. 4-10104-909-01-00-9900 General Fund Contingency ($5000) 4 -10100-904-01-00-9418 Purple deart of U.S.A. 5000 1. -V- . Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell. Chairperson Moved by Caddell supported by Pappageorge the resolution be adopted, Moved by Caddell supported by Pappageorge the Public Services Report.be accepted. A sufficient majority having voted therefor, the report was accepted. Vote on resolution: AYES; Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, .e.aron, Ceddell; Chester, Crake, 1-42eraas, Gosling, iluntoon. Jensen, Johnson, R. Kuhn. (23) NAYS: Hone. (a) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90181 By Finance Committee . IN RE: Oakland/Pontiac Airport - GRANT ALLOCATION WITH FEDERAL AVIATION ADMINISTRATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • WHEREAS the County of Oakland is in receipt of a Federal Aviation Administration grant allocation, Project No. 90-1-3-26-0079-0890, for the development and improvement of the Oakland/Pontiac Airport on a ninety (90) percent matching basis in a maximum obligation of 1794,545 of the total project cost of $894,882; and WHEREAS the development project consists of installation of distance remaining signs, the purchase of snow removal equipment and construction of a perimeter road in accordance with the Airport Master Plan as adopted by the Oakland County Board of Commissioners; and WHEREAS the .County's match is in the form of credits from previous projects and reimbursement for land previously purchased, no additional County funds are required; and WHEREAS the Airport Committee has reviewed and approved the program subject to ratification by the Oakland County Board of Commissioners and believes it to be in the County's interest to accept the grant; and WHEREAS the Office of Corporation Counsel has reviewed the agreement as to legal sufficiency, NOW THEREFORE BE IT RESOLVED that the County of Oakland enter into a grant agreement, Project No. 90-1-3 -26-0079-085D, with the Federal Aviation Administration for the purpose of obtaining federal aid for the development of Oakland/Pontiac Airport. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners n41OULs 1U9L144 7, 177V LIV is authorized to execute the grant agreementand to approve grant modifications: up to fifteen 05) percent which are consistent with the original grant agreement, Mr. Cnairperson, on aanalf •f the Fnanca: ComnYntee, I move tan ac;:ptThn of the forgoing resolution. FINANCE COPM:TTEE 3. Willlan Caddell, C'lairnnarsnn Report (Misc. 90181) • By General Government Committee IN RE: Oakland/Pontiac Airport - nRAT ALLOCATION WITH FEDERAL AVIATION ADMINISTRATION To the Finance Committee - Mr. Chairperson, Ladies ano Gentlemen; • The General Government Committee, having reviewed Miscellaneous Resolution P90181 finds the f011owing: 1) :The 'County of Ca'aland is in receipt of a Federal . Aviation Administration grant allocation. Project N1,90-1-3-26-0075 -0850, for tne development and -improvement of the Oakland/ Pontiac ,airport on a ninety 90) percent matching basis in a maximum obligation of $794,)45 of the total project cost of 894,8B2. 2) The development project consists of irstallation of distance remaining aialln, the purchase of snow removal equipment and construction of a perimeter road in accordance with the Airport Master Plan as adopted by the Oakland County Board of Commissionens. 3) The County's metnn iE in the faro of credits from previous projects, reimbursement for land previously punchasen and re addit1ona1 County funds are required. 43 The Airport Committee has reviewed and approved the program subject to ratification by the Oakland County Board of Innimmissioners and believe it to be in the County'S interest to accept the grant. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. Vote or resolution: AYES: Caddell. Chester, Crake, Ferrens, Goslino. Huntoon, Jensen, Johnson, R. Kuhn. Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron. (22) -NA1S: None. tO) A sufficient majority having voted therefor, tne resolution was adopted. Misc. 90182 By Finance Committee IN RE: Oakland/Pontiac Airport - MICHIGAN AERUNAUTICS UMAISSION GRANT PROGRAM To the Oak1ane County Board of Commissioners Mr. Chairperson. Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of a Michigan Aeronautics Commission grant agreement. _Project No. 90-1-3-25-0019-U890, in the amonnt of S21,5 10U for the develupment and imprnvement of Oakland/Pontiac Airport; and WHEREAS the development project consists of installation of distanne remaining signs and construction of a perimeter road in accordance with the Airport Master Plan as adoptel by the Oakland County [Ware of Commissioners; and WHEREAS the County's matcn is in the form of reimtursement for land previously purchased, no additional County funds are required: an WHEREAS the Airport Committee has reviewed and approved the grant subject to ratification by the Oakland County Board of Commissioners and believes it to be in the Connty's interest to accept the grant; and WHEREAS the Office of Corporation Counsel has reviewed the agreement as to legal sufficiency; and ROW THERLFORE BE IT RESOLVED that the County of Oakland enter into a grant agreement, Project No. 90-1-3-26-0079-U90, with the Michigan Aeronautics Commission. SE IT FURTHER RESOLYEn that the Chairperson of the Oakland County Board of CommissionerS is authori zed to execute the grant agreement and to approve grant moditication up to fifteen (1S) percent which are censistent with the original grant agreement. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption -of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson GENERAL GOERNMEhl COMMIllEE Richard C. Skarritt, Chairperson Moved by Caddell supported by Crake the resolution be adopted. Moved by Caddell supported by Crake the General Government Committee Report be accepted. A sufficient majority having voted theretor, the report was accepted. I . f— ' rfi r Commissioners Minutes Continued. August 9, 1990 Report (Misc. 90182) • By General Government Committee IN RE: Oakland/Pontiac Airport - MICHIGAN AERONAUTICS COMMISSION GRANT PROGRAM To the Finance Committee 1 Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution ff30182 finds , the following: 1 .1 1) The County of Oakland is in receipt of a Michigan Aerueauties Cemmission grent agreement, Project N•. 90-1-3-26-0977 -0190, -le the ameieit. of $21,900 for the develqmeet end improvement of the Oakland/ Pontiac Airport. 2) The development project consists of installatien cf ictno remainiee signs end fl constriction of a perimeter read in accordance with tee Airport Master Nee as adopted by the Oakland County Board of Commissioners_ , 3) The County's eAtch is in the form of reimbixsement for lanC preelous:e pLrchased and ne eeditional Count, fende ere rueuiree. 4; The !Iirpert Cermittee has revived eeereeec; 'he ::'art sehjeet to entificatian the Oakland County Board of Commissioners and believe it to be in the CetAity's interest to accept the grant. Mr. Chairperson. on behalf of the Gereral Geverement Gomelittee, I move the Jeceptenee of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarr'.tt, Chairperson Moved by Caddell supported by Ferrens the Genera Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Ferrens the resolution be adopted. AYES: Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, McConnell,. McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Rewold, Skarritt, Wolf. Aaron, Caddell. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90183 By Finance Committee • IN RE: Public Works/Facilities Engineering Division - MISCELLANEOUS IMPROVEMENTS FOR SPRINGFIELD - OAKS YOUTH ACTIVITIES CENTER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the 1990 Capital Improvement Program for Buildings_ has $150,000 budgeted for improvements at the County owned Springfield-Oaks Youth Activities Center; and . WHEREAS the Parks and Recreation Division has requested funding for safety improvements which were recommended by Risk Management, specifically, a safety cage on the access ladder of the water tower, a check valve on the fire sprinkler system, and a fire department connection to notify the Fire Department; and WHEREAS the Parks and Recreation Division has requested a portion of these budgeted funds (totaling $11,964) be transferred to the Project Work Order Fund. NOW THEREFORE BE IT RESOLVED that tines be provided in the amount of $11,964 from the 1990 Capital Improvement Program - Building fund (40100 for miscellaneous improvements at Springfield-Oaks Youth Activities Center. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Report (Misc. 90183) To Finance Commiteee By Planning and Building Committee IN RE: MISCELLANEOUS IMPROVEMENTS FOR SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed Youth Activities Center Project 90-i, installation of a safety cage around the water tower ladder and installation of a check valve in the fire sprinkler system, reports with the recommendation that the projects be approved. On behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Commissioners Minutes Continued. August 9, 1990 Moved by Caddell supported by Johnson the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, toe report was accepted. Moved by Caddell suoported by Johnson the resolution be adopted. AYES: Crake, Gosling, Huntoon, Jensen, Jonnsoo, R.• Kuhn, Law, McConnell, McCulloch, McPherson. Moffitt, Oaks, Olsen, Pappageoroe, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester. (201 NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90184 By Finance Committee IN RE.: Public Works/Facilities Engineering Division - AWARD OF CONTRACT FOR MARINE STORAGE (WILDING FLOOR SLAB To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #90138 Boarc of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for adding a concrete floor slab to the Marine Storage Building; and WHEREAS in accordance with bidding procedures, bids for the installation of the above mentioned were received and opened on July 18, 1990; and WHEREAS the County Executive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder. No. 1 Restoration Co., Inc. be awarded a contract for construction in the amount of 514,498; and WHEREAS additional costs are estimated to Oe Sl,002: and WHEREAS the total cost of the above mentioned worX is estimated to be $15,500 as detailed, in the attached schedule; and WHEREAS funding for the above mentioned project is available in the 1990 Capital Improvement Program - Building Fund Miscellaneous Remodeling Section. NOW THEREFORE BE IT RESOLVED as follows: 1) The contract proposal of No. 1 Restoration Co., Inc. of Ypsilanti, Michigan in the amount of $14,498 be accepted and the contract awarded io concurrence with the Planning and Building Committee recommendations, 2) Funds be provided,in the amount of $1,002 to cover the remaining project costs, 3) The Chairperson of toe Board of Commissioners is hereby authorized and directed to execute a contract with No. 1 Restoration Co., Inc. of Ypsilanti. Michigan on behalf of the County of Oakland. 4) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the awardee of this award, in writing no later than 10 days after adoption of this resolution. The awarc snail not be effective until the awardee has been notified. Mr. Chairperson, or, behal of the Finance Committee, I move the adoption of the foregoing resolution. • FINANCE COMMITTEE G. William Caddell, Chairperson Report (Misc. 90184) • • To the Finance Committee From Planning and Building Committee - • IN RE: -Public Works.- AWARD -OF CONTRACT FOR MARINE-STORAGE BUILDING 'FLOOR SLAB- • Mr. Chairperson, Ladies am uentiemen: - • The Planning and Building Committee, having reviewed the bids for the above-referenced project, reports with the recommendation that the contract be awarded to No. l Restoration, Inc., of Ypsilanti, Michigan, in the amount of $14,498.00, for a total project cost of 515,500.00. Mr. Chairperson, on benalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Caddell supported by Jensen the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Jensen the resolution be adopted.. AYES: Ferrens, Gosling, Hontoon, Jensen, Johnson, R. Kuno, Law, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake. (20) NAYS: None. (0) 272 ,r1 , ($41,440) Contingency ( • 223 Commissioners Minutes Continued, August 9, 1990 A sufficient majority having voted tnerefor, the resolution was adopted. .Misc. 90185 By Finance Committee IN RE: Public Works Department/Water and Sewer Operations Division - ADDITION OF TWO (2) VEHICLES TO THE COUNTY FLEET To the Oakland County Board of Commissioners Mr. Chairperson, Ladies ane Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #7393 of December 8, 1975 the Oakland County Board of Commissioners adopted a "County policy on the assignment of County Vehicles'; and WHEREAS the policy for additional vehicles requires the effirmaeive recommeedation of the Finance Committee and states that the Finance Committee shall -recoeimend te the Board of Commissioners an appropriation sufficient to cover the acquisition cost plus monthly charges for the balance of the current year; and e WHEREAS the Oakland County PJelic Works Department, Water A Sewer Operations Division, has made a request to lease two (2) adeitional vehicles from the Cakland County Garage for positions which were authorized by Miscellaneous Resolution #89528 which approved the 1990 adopted budget; and WHEREAS a stake truck with eydraulic boom and radio is reouested for use by a 3-man crew who will repair manholes; and WHEREAS the estimated purchase cost of the stake truck with ecuipment is $26.300; and WHEREAS a l-ton truck with utility body and radio is requested for use by a 2-man crew who will be servicing electronic flow meters; and WHEREAS the estimated purchase cost of the 1-ton truck with equipment is $15,140; and WHEREAS the purchase cost of these vehicles and equipment is $41,440 and said amount is in the 1990 General Fend Contingency Account; and WHEREAS funds are available in the Water and Sewer Operations budget to cover the monthly leasing charges; and • WHEREAS the County Executive recommends the expansion of the County Car Fleet. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an expansien of the County Car Fleet for the two (2) vehicles requested by tine Public Works Department Water S Sewer Operations Division. BE IT FURTHER RESOLVED that $4l,440 be transferred frem the 1990 Contingency Account to the Water and Sewer Operations Division to cover the acquisition cost of the two (2) vehicles with equipment as follows: 4-10100-909-01-00-9900 4-10100-142-01-00-8665 4-10100-142-01-00-8675 Water S Sewer Transfer to Motor Pool 38,840 Water 8, Sewer -Tranefer to Radio Fund 2,600 Mr. Chairperson, resolution. • $ -U- on behalf of the Finance Committee, I Move ti -TTETiiion of the foregoing FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. AYES: Gosling, Jensen, Johnson, R. Kuhn, Law, McConnell. McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake. Ferrens. (19) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90186 By Finance Committee IN RE: Department of Computer Services - 1990 SECOND QUARTER DATA PROCESSING DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the Computer Services Department Oudget and then an amount equal to the actual expense is transferred to the user department on a quarterly basis with a summary report to the Finance Committee; and WHEREAS the Computer Services Department has determined the 1390 Second Quarter data processing development charges in the amount of $454,348 for the governmentally funded County departments; and WHEREAS- these development charges are for programs which are in conformance with the guidelines set forth by the Computer User Advisory Committee and the Computer Center master plan approved by the Finance Committee; and WHEREAS an appropriation transfer to governmentall'y funded County departments n s needed to fund these development charges, NOW THEREFUI. BE 17R'L'SOLIED the aoard of Cc,mm n s.sicir&rs reviewe6 the 1990 Second Quarter Data Processing Development for user departments and finds $454,34B from the 1$,J0 Data Processing Development budget (acct. #4-10100 -181-0I -C6-6361; And transfers said l'u5ds to the appropriate user departments consistent with the attached scnedue. Mr. Chair,,erson, un Behalf of the ne wttma,I move the adoption of the foregoing FINANCE CCMMITTEF • G. WYilteh, LaOdv11, Chairper3GA MOVQ".. by Ca6dell su;;;.orted Oy ?a,:pagaLTge the raso:ution Oa Pdoptad. AYES: BunZecn, Jeasen, khnson, R. Lau, i4cCoci1, PicCelloch, MOnerson, Moffitt, Olsen, ?appag•eore, Par -A,zk, Skarritt, Cacte:';, Chester, Crake, Ferrens, Gosling. (21) WS: None. (0.• A suffceat havias voted tAe.r'efc;r, the Tezclution was s'dopted. Mist. 90,K By Finance Committee A RE: Depart:len .t ManagEii-.ct arid 3udget DILISICN i::EQUEST FOR AD1:ANCE CFFICE SYSTEM :a,$) • the0,1,41ar.:: aoard of Cu:N.iissoners Mr. Chairperson, Ladies and Gentlemen: WHEREIL ar. Advance Cffica ystar; has ben the 3tpartmant of Computer Services and approved by the Compotor Users Advisory Council (CUAC) for the Budget Division: aha WhEREI,S this system p:ides features that would help to increase staff eff;ciu;.:y: eliminate a ScPD:r Belp posi -cion mprove presentations tnrough the use of gra0s, thtegrata with other County Departments through standarized software and enhance scheduling and note keep;;-0.j; WHERZAS the reduction of one (1) Summer Helo pcstio Lo reconi:cd our:ng th 1:291 Budget Amendment process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the syem for the Budget Division and authorizes the following amendments to the 1990/1991 Biennial Budget to be funded from the Oesignated Fund Balance (account #1 -10100-492-040): General Fund Revenue 1990 1991 3-1010D-909-01-00-99C' Prfor Year Balarce Expenditures • 4-10100-122-01-00-6360 Computer Services-Operations t 376 $1,123 4-10100-122-01-00-664 1 Equipmsnt Rental 123) 4-10100-122-01-00-8615 Operating Transfer Out 13,563 -O- . Subtotal $1?.?46 54A Total C c Computer Services Fund Revenues 3-63600-181-01-00-2037 Budgeted Departments $ 376 $1,128 3-63600-181-01-00-0101 Operating frsfer In 15,563 • -0- Subtotal $13,939 $1,128 Expenditures 4-63600-1ä4-D1-00-3304 Depreciation 4-63600-184-01-00-3342 Equipment P.epairs & Maiht. ' 2e,0 !1.4u Subtotal ; 1'76 11,12:1 1-63600-4E5-01 Revenue Over (tinder) Expenses , T13,!i6. $ -0- Total 1 -0- FINCE C0M1ITTEE G. yillin :461e11, Cha l rirsqr, Copy of Office Autonetion Request on file in County Clerk's Office. Moved by Caddell supported by Jensen the resolution be adoptu. AYES: Jensen, Johnson, R. Kuhn, Law, McConnell, AsCulloch, Mcherson, Moffitt. Olsen, Pappageorge. Pernick, Rewold, Skarritt, Wolf, Aaron, Cacdell, Cnester, CraKe. Ferrens, Gosling, Huntoou. (21) NAYS: Hunt. l0 A sufficient majority having voted therefor, the resolution Was adopted. $21,410 • $21,410 $ -0- . $2i,410 $21,410 $ -0- ; ?;-• ; ., I Misc. 90188 By Finance Committee IN RE: Department of Management and Budget - FINANCIAL AND COMPLIANCE AUDIT OF THE LOCAL hEALTel DEPARTMENT To the Oakland County Board of eommissionere Mr. Chairperson, ladies and Gentlemen: WHEREAS Section 7502 of The Single Audit Act of 1984, as well as applicable Federal and State laws and regulations, require audits of Federal and State pass-through funds allocated to local health department; and WHEREAS the Michigan Department of Public Health (MDPEO proposes an agreement between the MPH, the County, and an independent audit firm (the firm to be named by the County) to conduct a financial and compliance audit of the pass-through funds allocated to the Oakland County Health Division for state fiscal year 1986-1989 and the calendar year 1989; and WHEREAS the County Executive proposes the firm of KPMG Peat Marwick conduct the audit, that firm being contracted to conduct the 1989, 1990 and 1991 Annual County Audit pursuant to Miscellaneous Resolution #89143; and WHEREAS the proposed agreement, which operated between July 1 and September 30; 1990, includes State fundings, up to $21,410 to conduct the audit, n3 county resources are required; and WHEREAS the Office of Corporation Counsel has reviewed tne agreement and has approved it as to legal sufficiency; and WHEREAS this OH become an annual audit, thus requiring amendments to the 1990/1991 Biennial Budget, and inclusion in future budgets. NOW THEREFORE BE IT RESOLVED that the Oakland County Bcard of Commissioners approves the agreement between the Michigan Department of Public Health, he County of Oakland, and KPMG Peat Marwick to conduct a financial and compliance audit of Federal and State Pass-through funds allocated to tee Oakland County Health Dvision. BE IT FURTHER RESOLVED that the following amendments to the 1990/1991 Biennial Budget be made: 1990 1991 Revenue 3-22100-162-01-00-2597 Special Contracts Expenses- 4-271007162-01-00-3216 - Auditing Service Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Agreement Between Michigan Department of Public health and Oakland County on file in County Clerk's Office. Moved by Caddell supported by Pappageorge the resolution be adopted. AYES: Johnson; R. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntpon, Jensen. (221 NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90163) By Planning and Building Committee IN RE: FUNDING FOR PROSECUTOR'S MOVE TO OAKLAND POINTE OFFICE PARK II To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, after again reviewing the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Report (Misc. 90168) By Planning and Building Committee IN RE: FUNDING FOR PROSECUTOR'S MOVE TO OAKLAND POINTE BUILDING To the Fjpance Committee Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewee the costs associated with tee move of the Prosecutor's staff, recommende approval as outlined On the attached schedule. PLANNING AND BUILDINS COMMITTEE Larry P. Crake, Chairperson [- : F , I - Commissioners Minutes Continued. August 9, 1990 Misc. 90168 By Finance Committee ProseeLtine Attorney - KNDING FOR MOVE TO ;DAUM* PZINTE FF.CL PtRK I: . To the Oakland County Board of Cemnissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioneru 'ej Misceleeeobs ReselLtion #9'0108 zdopted on May 24, 190, approved the moving and •'elocation ofeell divisions ef the Prosecuting ittorney's Deparfer.ent to 33,200 etelare feet of leased swice In the Oakland Pointe Office Fark II, Pontiac, Michigan for a period of five (9) years; and WHEREAS the Facilities end Engineering Division has estimated' the cost to move the Prosecuting Attorney's furniture, files and office equipment; install telephones computer equipment and a security system (including burglar alarm and video surveillance systems); and purchase furniture AN other associated items to be $198,200, as detailed in the attached schedule; and WHEREAS a portion of the costs for telephone wiring will be paid by Trammel Crow, Inc. ($7.000); and WHEREAS 4,148.000 is availaiale in li9C Capital imerevefieht Pregram-Building fund; and WHEREA the balance of funds ($43.000) is avellapie in General fund Contingency. Noa TriEREFORE 3E IT RE601YED that the Oaklane County Eriare of Commissioners approves the moving and relocation expenses and establishment of the project. BE IT FURTHER RESOLVED that funds be transferred to the Project Work Order Funa as fellevy: Project Work Greer fund $ 198.000 General field Coe_1(,„ence (43,000) Building Fund (148,000) Due from Trammel Crow (7,000: e Mr. Chairperson, on behalf of the Finance Commit:.. I move t'r.e anoetien uf te resolution, FINANCE CCMMITTEE G. William Caddell, Chairpereen Moved by Caddell supported by Crake the Pleenine and 3uilding Committee Reperl: be accepted. A sufficieet majeeity hav'ng voted terefer, tee report eae aecepted. Moved by Cade,ell eyeeertee by Crake the resolution '-)e eJopted. AYES: R. Kuhn, Law, McConnell, McCulloch, MePherunn, loffitt. Ons, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aeren, Caddell, ..'ester, Crake, Ferrens. Gosline, Heetcon, Jeileen, •eheson. (23) NAYS: Hone. (0) A sufficient majority having voted therefor, the resolution eee aeceeeed. ReFert (Misc. 901661 _By Pu5lic Sereiff:es Committee IX RE: - DEVU.OPMENT OF POLICY FOR CANDIDATE SCREENING AND faECTI)N CRITERIA, AND TERM OF APPC,INTMENT FOR 0EPUTY MEDICAL EXAMINERS Te ta Oaeleee Coeety Board ef Cemmissionere Mr. Chairperson, Ladies and Gentlemen: The Public Services Committee, hav'elg reviewed the above referenced resolution, reports with the racommentation that the reseletion 5e adopted uith the follouleg amendments: Change the NOW THEREFORE PE IT RESOLVED ps;raieneh te re.,'„ "that the 0e;:laed County Departmeee ol Inntitutiona7 and Humer Serveces oversee,te e;eveoeeent of propesed formal criteria for qualii'ications and screening of candidates for Deputy Medical Examiners, addressing areas of practice and investigatory procedure, educational standards, licensing qualifications, and board certification. The department shall report on the criteria developed no later than September 30, 1990.' Change the BE IT PIRTHER RESOLVED pargraph ec , r-d, %Or. tht Oekleed '",oeety Medical Examiner establish appropriate policy based on tie criteria above for the appointeeet of Deevey He cal Exeuiner term eeeointelent, eee'licts ef interest, and continuing education requirements. These policies sha/1 be communicated to the Public Services Committee no later tnan September 30, 1950." Mr. Chairperson, on behalf of the Public Services Comenttee, I move the acceptance of the foregoing report. PUBLIC 5ERYICES COMMITTEE Richard D. Kuhn, sr., Chairperson 226 Commissioners Minutes Continued. August 9, 1990 Report (Misc. 90166) • By General Government Committee • IN RE: DEVELOPMENT OF POLICY FOR CANDIDATE SCREENING AND SELECTION CRITERIA, AND TERM OF APPOINTMENT FOR DEPUTY MEDICAL EXAMINERS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Governmeet eomeittec,''Itving ravieeed the neve referenced resolution, reeerts with the recommendetion thee tee reaolution be roped aeeh the fo1lewing amendments: Change the NOW THEREFORE BE IT RESOLVED paragraph to read, "that the Daklak Ceeety Department of Institutional and Human Se as oversee the develepeeet of ereposed formal criteria for qualifications and screening of candidates for Depute Medical Examiners, addressihs areas of practice and investigatory procedure, educational staoderes, Iieeneing eeelificetions, and teard certification. The department seal') eport on the cr:eeraa developed DC. teter' an September 30, 1990". Change the BE IT FURTHER RESOLVED paragraph to read, that the Oakland County Medical Examiner establish appropriate policy based on the criteria above for the appointment of Deputy Medical Examiner term of appointment, conflicts of interest, and continuing education requirements. These policies shall be communicated to the Public Services Committee no later than September 30, 1990." Mr. Chairperson, on behalf of the General Government Zommittee, I move the acceptance of the foregoing report. Misc. 90166 By Commissioner David L. Moffitt IN RE: DEVELOPMENT OF POLICY FOR CANDIDATE SCREENING AND SELECTION CRITERIA, AND TERM OF APPOINTMENT FOR DEPUTY MEDICAL EXAMINERS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Public Act 181, of 1953, mandates that the Medicel Examiner's Office shall investigate and have responsibility for determining the manner and cause of death of all sudden, unexpected, accidental or violent deaths: and WHEREAS the medical Examiner's Office, in addition, must determine the manner and cause of death of all police prisoners, as wer as deaths from aeortions, administration of drugs, therapeutic procedures, anesthetic, and deaths under suspicious circumstances, and those occurring without medical attention 48 hours preceding death; and WHEREAS the Medical Examiner's office staff must also appear and give testimony in both criminal and civil proceedings; and WHEREAS over 2,353 cases were handled by the Medical Examiner's office in 1989, with 580 autopsies and BO post-mortem examinations conducted; and WHEREAS Deputy Medical Examiners are chosen by the Oakland County Department of Institutional and Human Services from amongst volunteer physicians, and are currently screened by simply determining if they are currently ',icensed in Michigan and if there are any currently pending complaints against them; and • WHEREAS there presently exists no formal criterion for qualifications, no procedure for candidate screening for appointment of Deputy Medical Examiners, no procedure for appointment, no definite term of appointment, and no policy regarding continuing education or conflicts of interest. NOW THEREFORE BE IT RESOLVED tnat tee Oakland County Department of Institutional and Human Services develop, prepare and submit proposed formal criteria for qualifications and screening of candidates for Deputy Medical Examiners, addressing areas of practice and investigatory procedure, educational standards, licensing qualifications, board certification. BE IT FURTHER RESOLVED that the oakland County Deparement of Institutional and Human Services establish appropriate policy addressing appointment of Deputy Medical Examiners, term of appointment, conflicts of interest, and continuing education requirements. Mr. Chairperson, I move the adoption of the foregoing resolution. David L. Moffitt. Commissioner District #15 Moved by Skarritt supported by Moffitt the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Moffitt the resolution be adopted. Moved by Richard Kuhn supported by Moffitt the resolution be amended as recommended in the Reports. A sufficient majority having voted therefor, the amendment carried. GENERAL GOVERNMENT COMMITTEE 278 Commissioners Minutes Continued. August 9, 1990 Vote on resolution as ameneed: AYES: Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester. Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn. (23) NAYS: None. (0) A sufficient majority raving voted therefor, the resoiution, as amended, was adopted. Report (Misc. 90189) By Personnel Committee IN RE: Department of Institutional and Human Services/Medical Care Facility - CREATION OF CASE MANAGEMENT COORDINATOR POSITION AND DELETION OF ADMITTING AND SOCIAL SERVICES CLERK POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. Misc. 90189 By General Government Committee - IN RE: Department of Institutional ane Human Services/Medical Care Facility - CREATION OF CASE MANAGEMENT COORDINATOR POSITION ANC DELETION OF ADMIT -Heel AND SOCIAL SERVICES CLERK POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies an Gentlemen: WHEREAS current federal regulations require that the Medical Care Facility's social woek staff provide medically related social service needs to its residents by either obtaining social services from an outside source or directly; and WHEREAS the social work staff are to maintain or improve each resident's ability to control everydey physical, mental, and mchosocial needs, and WHEREAS to comply with the federal regulations, the Medical Care Facility hiree a part-time non-eligible licensed social worker; and WHEREAS. effective October, 1990, new federal regulations will take effect that require "a facility with more than 120 beds to employ a full-time qualified social worker"; and WHEREAS to comply with these new federal regulations, the Medical Care Facility is requesting to create a Case Management Coordinator position to perform the social services duties required and to delete an existing Admitting and Social Services Clerk position in 'the Administration unit. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of one (1) governmental Case Management Coordinator position in the Administration unit of the Medical Care Facility division (16301). BE IT FURTHER RESDUE3 that one (1) governmental Admitting and Social Services Clerk position (16301-03010) in the Administration unit of the Medical Care Facility be deleted. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. The Chairperson referred the resolution to the Finance Committee. There were no objections. Report (Misc. 90167) By Finance Committee IN RE: Social Services - INDIGENT HEALTH CARE COSTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following amendments: In the NOW THEREFORE BE IT RESOLVED paragraph, change "five-member ad hoc committee" to "six-member ad hoc committee" and change 'a designee of the County Executive" to "two designees of the County Executive"; ane add, "BE IT FURTHER RESOLVED that the Chairperson of the Finance Committee will appoint the Finance Committee representatives." Mr. criairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE G. William Caddell, Chairperson PERSONNEL COMMITTEE John P. Calandra, Chairperson GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson 279 Commissioners Minutes Continued. August 9, 1990 Report (Misc. 90167) By General Government Committee IN RE; Social Services - Indigent Health Care Costs To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following amendments: In the NOW THEREFORE BE IT RESOLVED paragraph, change "five-member ad hoc committee" to "six-member ad hoc committee" and change "a designee of the County Executive" to "two designees of the County Executive"; and add, "BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners will appoint the Finance Committee representatives and designate the Chairperson of the ad hoc committee." Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report, GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Misc. 90167 By Commissioner Hubert Pride IN RE: Social Services - INDIGENT HEALTH CARE COSTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Oakland County's indigent health care costs nave continued to rise over the past several years with expenditures now reaching more than $4 million; and WHEREAS while the County's budget appropriation is consistently raised from year to year, the actual expenditure historically has seriously exceeded the anticipated allocation; and WHEREAS it is futile to continue to try to reduce indigent health care costs with wishful budget projections. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby appoints a five-member ad hoc committee to be comprised of the Director of the Department of Social Services, Chairperson of the General Government Committee, two members of the Finance Committee (including one minority party Commissiorer) and a designee of the County Executive to analyze indigent health care costs and recommend cost reduction and control measures which can be accomplished without lessening medical service delivery and patient care, such recommendation to be made to the Finance Committee for its consideration in the 1991 budget process. Mr. Chairperson, I move the adoption of the foregoing resolution. Hubert Price, Jr., Commissioner District #8 Moved by Skarritt supported by Price the resolution be adopted. Moved by Skarritt supported by Price the Finance Committee and General Government Committee Reports be accepted. A sufficient majority having voted therefor, the report5 were accepted. Moved by Caddell supported by Price the resolution be amended as recommended in the Finance Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappdgeorge, Pernick, Price, Rewold, 5karritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, McConnell. (23) RAYS; None, (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90179 By Personnel Committee IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION SECOND QUARTERLY REPORT FOR 1990 To the Oakland County Board of Commissicoets Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for Grades 1 - 21 provided for a review and appeal process for departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the Second Quarterly Report for 1990 was submitted to the Personnel Committee identifying the reviews requested and the salary grade changes recommeoded by the Personnel Department after completion of this review process; and WHEREAS funds have been establishea in the Classification and Rate Change fund to 280 Commissioners Minutes. Continued. August 9, 1990 implement salary grade changes resulting from salary administration quarterly reeort recommendations; and WHEREAS the Personnel Committee has rewieved and aeproved this report; NOW THEREFORE aE IT RESOLVED that changes in slary grade placement and reclassifications be implemented as shown: Classification Patient Activities Coordineecr W6e4.5De303) SALARY GRADE Retitle to Activities Ceerdineter - MCF Drain & Pollution Control 10 11 . Maentenaece Superviscr (61125020e5) Chief-SOC .Pollution Control (ElleeeeJe111 ee U REtitle to SUC Leocaatory SuperNeser County Librarian (5130102'083) '" Entrepreneurial Specialist (1920 -104652) i2 13 Reclasaify one position to new class of Seeior iatrepreeeurial Specialist (NO/OT) Mr. Chairpersue on benalf of mhe Personnel Comeittee, I move the adoption of the foregoing resolution. PERSONNEL COMMITIEE Joan P. Calandro, Chairperson . Fiscal Note (Misc. 90179) By Finance Committee IN RE: Personnel Department - SALARY ADMINISTRATION SECOND QUARTERLY REPORT FOR 1990 To th akland County Board of Commissioners Mr. Chairpersoh, Ladies and Gentlemen: Pursuant to Rule XI-3 of this Board, the Finance Cemaittee has reviewed Mi5cel1aeeou5 Resolution e90179 and finds: 1) The Personnel Committee has approved tne attached Salary Administration Second Quarterly Report or 1990; . 2) Governmental funded salary cost for the period August 11, 1990 through December 31, 1990 is $1,638, fringe benefit cost for the same period is 1487; 3) Government funded annual cost for 1991 is $4ie for salaeies, $1,2;e for fringe benefies; 4) Funds are available tee 1ee0-1991 Appropriatioa Reserve for Transfer Classification and Rate Changes Account (909 -01 -00 -9902) and recommends tae following aeeedmepts: 1390 leel . 4-0100-905-01 -00-9902 Rate & Classification Coanges ($-2725) (4 377.6) 4-010D -513-01 -00-109( Board of Comm. Salaries $ 835 - e 2,18G 4-10100 -013-01 -00-2070 Fringe Benefits 248 647 4-10100-192-01 -00-1001 -Econ. eevelepment Salaries 803 2,096 4-10100-192-01-00-2070 Fringe Benefits 233 623 $ -0- '4 -0- 5) Special Revenue and Preprietarg co:ts far 1990 of e844 end le91 of 12,205 .ill be absorbed by their reopective funes. FUME CCMMITTEE G. William Caddell, Chaireersea Kned by Lee supperted by Pepeaeeorge the Fiseal eote be ecceptee, A sufficient majcrity herel ,g vote teerefor. the Fiscal Rote was eocepted. Moved by Law supported by Pappageorge the resolution be adepted. AYES: McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price. Rewcle, Skarritt, Uolf. Aaron, Caddell. Chester, Crake, Ferrens. Goa1 4Leig, Nentoon, Oensen, Johnson, R. Kuhn, Law, McConnell, McCulloch. (231 NAYS: None. 101 A sufficient majority having -toted tearefor, the resolution tes adopted. Report Nee. 90174) 5y eeeeral Government Committee IN RE; Drain Coemissioner - APPGINTMENT OF DEPUTY DRAIN COMMISSIONER (Glen Yrjanainen) To the Oakland County Board of Cammissioners Mr. Chairperson, Ladies and Geetlemen: . The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the reaolution be edoptece Mr. Chairperson, on beealf of the General Government Committee, I ALPhl the acceptance of the foregoing report, GENERAL GOVERNMENT COMMITTEE 281 Commissioners Minutes Continued. August 9, 1990 Misc. 90174 By Planning and Building Committee IN RE: Drain Commissioner - APPOINTMENT CF DEPUTY DRAIN COMMISSIONER (Glen Yrjanainen) . i To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pdrsuant to the provisions of Act 40 of the Public Acts of 1956, as amended, the Oakland County Drain Commissioner may appoint one or more Deputy Drain commissioners and such appointment must be approved by the County Board of Commissioners; and WHEREAS George W. Kuhn, Oaklanc County Draln Commissioner, has appointed Glen Yrjanaieen as a Deputy Drain Commissioner; and WHEREAS George W. Kuhn, Oakland County Drain Commissioner, has requested the approval of the-appointment of Glen Yrjanainen as a Deputy Drain.Cummissioner. NOW THEREFORE BE IT RESOLVED that the Oakland. County Board of Commissioners hereby approves the appointment. of Glen.Yrjanainen as 'a Deputy Drain Commissioner. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Craee, Chairperson Moved by Crake supported by Skarritt the report be acceptce. A sufficient majority flawing voted tnerefor, the report was accepted. Moved by Crake supported by Skarritt the resolution be adopted. AYES: Moffitt, Oaks, Olsen, Pappageorge, Perrick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Hontoon, Jensen, Johnson, R, Kuhn, Law, McConnell, McPherson. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90190 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE CF BONDS TO DEFRAY PART OF THE COST OF ORCHARD LAKE VILLAGE SANITARY SEWAGE COLLECTION AND DISPOSAL SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; • WHEREAS the County of Dakland (the "County") and the City of Orcnard Lake Village (the "City") have entered into the City of Orchard Lake Village Sanitary Sewage Collection and Disposal System Contract dated as of November 1, 1989.(the "Contract".) pursuant to the provisions of At No. 342, Public Acts of Michigan, 1939, as amended (."Act 342"); and WHEREAS the Contract provides for the issuance of bones by the County to defray tbe cost of acquiring and constructing the City of Orchard Lake Village Sanitary Sewage Collection and Disposal System, said bonds to be secured by the contractual obligation of the city to pay to the County amouhts sufficient to pay the "principal of and interest on the bonds and the pay such paying agent fees. and -other expenses as maybe incurred on account of the bonds e an.d --- • ' • • . . • •WHEREAS it is in the best interest of the County of Oakland that the bonds be issued and the project be acquired and constructed. THEREFORE, BE IT RESOLVED, 8Y THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN AS FOLLOWS: 1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating the principal sum of Two Million One Hundred Thirty Five Thousand Dollars ($2,135,000) shall be issued and sold pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying part of the cost of acquiring and constructing the City of Orclard Lake Village Sanitary Sewage Collection and Disposal System. 2. BOND DETAILS- The bonds shall be designated Oakland County Sewage Disposal Bonds (City of Orchard lake Village System) shall be dated September 1, 1990; shall be numbered from 1 upwards; shall be fully registered, shall be in the denomination of $5.000 each or any integral multiple thereof not exceeding the aggregate principal amount for eacn maturity at tile option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 10% per annum to be determined upon the sale thereof payable on May 1, 1991, and semiannually thereafter on the first days of May and November in each year; and shall mature on November 1 in each year as follows; 1993 $ 35,000 2002 3125,000 1994 50,000 2003 125,000 1995 60,000 2004 125,000 1996 75,000 2005 150,000 1997 75,004 2006 150,000 1998 $100,e00 1999 100,000 2000 100,000 2001 10e,000 2007 el75,000 2008 175,000 2009 200.000 - 2010 225,000 Commissioners Minutes Continued. August 9, 1990 282 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bends shall be payable in lawful money of the Onited States. Principal shall be payable upon presentation and surrender of the bonds to the hone registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which tne interest payment is due. Interest shall be paid when Cue by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the reeisteree address. 4. PRIOR leEDEMPTION. Bends maturing prior to tiovember 1, 2000 shall not be subject to. redemption prior to maturity. Bonds maturing on and after November 1, 2000 shall be subject to redemption prior to maturity Lieu the terms and coneitiers set forth in the form of bond contained in Section 8 hereof. 5. BOND REGISTRAR AND PAYING AGENT. The County Measurer shall designate, and may enter into an agree—Tera7-17R1777—Te7T7T7=7.Ta paying agent for tne bonds which shall be •a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time as required designate a similarly qualified successor eond registrar and paying agent. 6. EXECUTION, AUTHENTICATION AND DELIVERY OF BOOS. The bonds shall be executed in the name of the County by the facsimie signatures of the Chairman of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bens have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by tne County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and toe County Clerk and upon wnich the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 7. EXCHANGE AND TRANSFER OF BONDS. Any bond, 'Jou surrender thereof to the bond registrar and ;wine agent with a written irstrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option Of the registered owner thereof, may be exchanged for bonds of any other authorized denominations cf the same aggregate principal amount and maturity date and bearing tne same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrenCer of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the tone registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denom 4 natioe of toe same aggregate eriecipal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new band pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: 'Payment of interest on this bond is in default The last date to which interest has been paid is The County and the bonc registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless frem and against any and all loss, cost, charge, expense, judgmeet or liability incurred by it, acting in gooc faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or ether governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as e condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonas or portions of bands which have been ;elected for redemption. 8. FORM OF BONDS: The bonds shall be in substantially the following form: 283 Commissioners Minutes Continued. August 9, 1990 UNITED STATES OF AMERICA. STATE OF MICHIGAN e0CNTY OF OAKLAND OAKLAND COUNTY SEWAGE DISPOSAL BOND (CITY OF ORCHARD LAKE VILLAGE SYSTEM INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP September 1, 1990 Registered Owner Principal Amount The County of Oakland. State of Michigan the 'County") acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns. the Principal Amount set forth above on the eaturity Date Specified above, unless redeemed prior thereto as nereinafter provided, upon preseatatior, and surrender of this bond at in the City of Mcnilean, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date ce Original Issue or such later date through which interest shall have been paid until the county's obligation witi respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first days of May and November in each year, commencing on May 1, 1991. Principal and interest are payable in lawful money of the United States of America - This bond is one of a series of bonds aggregating the principal sum of Two Million One Hundred Thirty Five Thousand Dollars ($2,135,000) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts Of 1939, as amended) and a bond authorizing resolution adapted by tie Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing the City of Orchard Lake Village Sanitary Sewage Collection and Disposal System. The bonds of this series are issued in anticipation of payments to De made by the City of Orchard Lake Village in the aggregate principal amount of Two Million One hundred Thirty Five Thousand Dollars •(S2,-135,000) pursuant to a contract between the County and the City of Orchard Laxe Village dated as of November 1, 1989. The full faith and credit of the City of Orchard Lake Village have been pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the fell faith and credit of the County have been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the City of Orchard Lake Village for the payment of its obligations to the County are not subject to limitation as to rate or amount. Taxes levied by the County to pay the principal of and interest on-the bonds of this series are subject to constitutional tax limitations. - This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to tne bone registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new band or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered seall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be requirea to transfer or exchange bonds or portions of bonds which have been selected for redemption. Bonds maturing prior to November 1, 20CD, are not subject to redemption prior to maturity. Bonds maturing on and after November 1, 2000 are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after November 1, 1999. Bonds of a denomination greater than $5,000 may be partially redeemed in the amcunt of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bones or portions of bends to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: 2% of the par value if called for redemption on or after November 1, 1999, but prior to November 1, 2001; 1.5% of the par value if called for redemption on or after November 1, 2001, but prior to November 1, 2003; Commissioners Minutes Continued. August 9, 1990 of the par value if called for redemptioe en or after November 1, 2003, bur prior to eovember I, 2005; 0.5% of the par value if cailed for redemption on or after November 1, 2005, but prior to Novedoer 1, 2007; eo premium if celee for redemption on et etter Hevember 1, nee. Not less thee thirty days notice of redemption shell ee eivee to the holders of bonds called to be redeemed by men to the registered holder at the registered address. Nees or pet -Mons of bonds called for redemntiee shall not bear interest after the date fixed for redemetion, prelvided funds are or' heed orth the bond registrar and paying agent to redeee the same. - it is hereby certified, recited and declared that all acts, conditions and things required to exist, happen aed be performed precedent to and in tee .e.eualice of the boos of this series, existed, eave happened and have been performed in due time. for and manner as reqvirea by la':, and that the total iedeetednese of said County, including the series of bonds of which this hoee is one, does not exeeed any coestitutional or statutory linieatien. IN WITNESS WHEREOF, the County of Oakland, eichiew, by its Board of eommiseioners, has caused this bond to be executed in its name by facsimile sienateres of the Cnairman of the Board of Ceeoessimers Bed the County Clerk end i -ts corporate seel ior a facsimile thereof) to be impressed or imprinted hereon. This coed snall not be valid unless the Certificate of Authentication has been maeually executed by an authcrized representative of tne bond registrar and paying agent. COUNTY OF OAKLAND (SEAL} ey! CouniTUTere --Th59r7i11,--1 of C^emissioners CeeTIFICATE OF AUTeleTICATION This bond is one of the bonds described in the within-mentiered Resolution. Bond Registrar and Paying Aeent 3y: Authorized Representative AUTHENTICATION DATE:- ASSIGNMEN1 For value received, the endersigleC hereby sells, assigns and transfers unto (please print or type name, address and taxpayer identification number of iTarisTRTF the within bond and all rights thereunder and does hereby irrevocably cnstitute and appoint attorney to transfer the within eeee on the beetle:. kept For registration thereof, with full power of substitution in the premises. Dated: Signature euaranteed The signature must be guaranteed by a eedmercial haste, a trust company ee a Leekeraea firm whice is a membee of a major eteck exelleeee- 9. SECURITY. The bonds shall be issued in anticipation of payments to be made by the City of Orceard Lake -Tri7age pursuant to the centract. The bones shall tee secured primarily by the full faith and credit pledge made by the City of Orchard Lake Villee in the Contract pursuant to the auteorizaeion contained in Act 342. As additional and seconeary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds as eee same shall become due. If the eley of Orchard Lake Village shall fail to Make payments to the County which are sufficient to pay tee principal of and interest on the bonds as the same shall becoee due, an- amount sufficient to pay the deficiency shall - be advanced from the general fund of the County. sufficient to pay the deficiency shall be advanced from the general fund of tee County. 10. PRINCIPAL AND INTEREST FUND. There seal be estaulished for tee bonds a Principal and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the bonds there shall be set aside in the Frincipal and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the same plus such additional amount as shall be necessary to pay the interest on the bonds on May 1, 1991, November 1, 1991 and May 1, 1992. All payments received from the City of Orehard Lare Village pursuant to the Contract as adenued are pledged for payment of the principal of and interest on the bonds and expenses eiciaental thereto and as received shall be placee in tne Principal and Interest Fund, 11. CONSTRUCTION FAD. Tee remainder of the proceees of tie sale of the bonds shall be set aside in a construction fund and used to acquire ane construct the City of Orchard hake Village Sanitary Sewage Collection and Disposal System in accordance witn the provisions of the Contract. Z. APPROVAL OF MICHIGAN_ OePARMENT OF TReASelleY - EXCEPTION FROM PRIOR APPROVAL. The issuance and sale of the tones shal/ be subject to permission being granted therefor by the Department of Treasury of the State of Michigan or an exception from prior approval being ranted by the Department of Treasury and tne County Drain Commissioner and the County Treasurer are each hereby severally authorized to file ',vete the Department of Treasury a Notice of Intent.. to Issue an Obligation with respect to the bonds and to pay, upon the 284 By: 285 Commissioners Minutes Continued. August 9, 1990 filing of said notice, the filing fee of $400. if an exception from prior approval is not granted the Celerity Drain Commissioner or the County Treasurer shall make application to the Department of Treasury for permission to issue aria sell the bonds as provided by the terms of this resolution and for approval of the form of Notice of Sale. 13. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. :f the County Drain Commissioner shall determine that it is not necessary to sell eonds in the principal amount of Two Million One Hundred Thirty Five Thousand Dollars ($2,135,000), ne may by order reduce the principal amount of bonds to be sold to that amount deemed necessary. In the event the principal amount of the bond issue is reduced pursuant to this section, the County Drain Commissioner snell reduce the amount of bonds maturing in any one or more years as necessary. 14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE BOWS, The County Drain Commissioner Is authorized to prescribe the form of :IIPtice of Sale for the bonds, to sell the bonds at not less than 98.5% of par plus accrued interest in accordance with the laws of this state and to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this resolution. The County Drain Commissioner is authorized to cause the preparation of an official statement for the bends for purposes of compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all ctner things necessary to comply with the Rule. After the award of the bonds, tne County will provide copies of a "final official statement" (as defined in paragraph (e) (3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b) (4) of the Rule and tne rules of the Municipal Securities Rulemaking Board. 15. TAX COVENANT. The County covenants to comply witn all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bends will be and will remain excludable from gross income for federal income tax eureoses. The County Drain Commissioner and other appropriate County officials are authorized to do all things necessary (including the making of covenants of the County) to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 16. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Fiscal Note (Misc. 90190) By Finance Committee IN RE: Drain Commissioner - RESOLUTION TO APPROVE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE COST OF ORCHARD LAM VILLAGE SANITARY SEWAGE COLLECTION AND DISPOSAL SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Beard, the Finance Committee has reviewed Miscellaneous Resolution e90190 and finds: 1) The resolution authorizes the issuance of tax-exempt Act 342 bonds with the County pledging its full-faith and credit as the secondary obligor. . 2) The primary obligor is the City of Orchard Lake, pledging its full-faith and credit, as approved by a vote of the people. 3) The obligation of the County is a limited tax obligation, while the obligation of the City is not limited. 4) The principal amount of the Wed issue is $2,135,000 at an interest rate not to exceed 5) The statutory limit for County debt is $2,576,598.537 (10Z of 1990 State Equalized Value). As of June 30, A9C, the outstanding deot is $355,854,002 or approximately 1.4% of the S.E.V. 6) No budget amendments are necessary. FINANCE COMMITTEE G. li1liam Caddell, Chairperson Moved by Crake supported by Moffitt the resolution be adopted. AYES: Oaks, Olsen, Pappageoree, Perrice, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferreos, Gosling, Hunteor, Jensen, Johnson, R. Kuhn, Law, McConnell, McPherson, Moffitt. (22) NAYS; None. (0) A sufficient majority having voted therefor, the resolution was adopted. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chareerson 286 Commissioners Minutes Continued. August 9, 1990 Misc. 90191 By Planning and Building Committee IS RE: Department of Public Works - AUTMBIZATION T3 RECEIVE BIDS - RNUILDING OF SOMERN PORTION OF MATERIALS MANAGEMENT CENTER PARKING LOT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the constructior, of the Materials Management- Coantar is Koceedino ahead.of sceedule; and WHEREAS such a schedule woold allow the robirfle'iro of the heavily used southern •ortron of the surrounding lot to he done this yaor before the eoilding is occupied; an WHEREAS this resurfacing las been estimated to cost $80,000; and WHEREAS fuodina for this project is available in the Paving Progrzm line item of the Utilities, Roads and Parkiq Lots portioa cf the 1990 Capital !mprovemeot Pooaram. NOW THEREFORE 3E IT RESOLVED that the beoartmont of Peelle Works be, and is hereby, authorized to advertise said project for bids, receive bids, and. to report to the Plahning and Building Committee upon receipt an tabulation of suc'a bids. Mr. Chairperson, on bchaI of the Planninj and Building Ceemittee, I move the adoption of the foregoing resolution. Moved by Crake sooported by ;luntoon the reaalution be adapted. AYES: (Men, Pappaoeorge, Peroick, Price, Rewold, Skarritt. Welf, Aaron, Caddell, Chester, Crake,. Ferrens. Goslirs, Nuntoon, Jensen, Jonnoon, R. Kuhn, Law, MeConnell, McPherson, Moffitt. Oaes. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolutioe was adopted. Mize. 90177 By Public Services Committee IN RE: CIRCUIT COURT MEDIATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladles and GeWemen: WHEREAS the Michigan Supreme Court amended Michigan Ccurt Rule 2.403 effective March 30, 1930, thereby requiring a oumber of eeaeoes to tle Circuit :ourt's nediation Program; and WHEREAS simultaneously the Circuit Court was considering internal procedural revisions to ioprove mediation services to the practicing bar and tee putlie; auc EREA3 the Circuit CoLrt has deternieee to pool all cases ready ;:dr mediation (reoardless of which Judge the case is assigned to) to provide greater flexibility in scheduling and eliminate delay in mediation settings; and WdEREAS the Court has determined to revise mediation payment procedures so that the Court, instead of the mediators, will hand:a all bookkeepina responebilitius and pay the mediators a per diem of $1,000 for their services; and WHEREAS this revision in payment procedures will allow the mediators to coneentraee all of their time and attention on the cases to 3e mediated rather than the bookkeeping details; and WHEREAS the Court ao-ceoses tnat the funds for the Circuit Court Mediation Program be handled in a manner similar to that for the receipt and distribution of funds forfeited through oartotie seizores; and IIHEREAS the beance of funds received from this program after payment of the mediator-attorneya be used to hoi;. pay for :ircult Court ereiancemenea and improvements. NOW THEREFORE BE IT RE.30LV9 that ehe Circuit Court Mediation Proeaam is establiefied as 1. The $75 each party p!..y.5 for uediaticn pursuant to NCR 2.403 (H)(I and tne fine for failure to timely serve copies of mediation documents to attorneys of record pursuant to revisee MCR 2.403 shall be received and diseoiauted in a manner similar to that established for funds forfeited through narcotic seizures. 2. Each mediator shall he paid $1,000 per day for his or her services from the fueds. 3. The fund balance at the enC of each fiscal year will be used to help pay for Circuit Court enhancements and improvemente only es requested by the Circuit Court end approved by the Board of Commissioners. BE IT FURTHER RESOLVED enat this proposal and procedure be implemented August 1, 1990, and reviewad St year end 1991 to report and assess its poTtorranae. Mr. Chairperson, on behalf of the Public Services acaarettee, I move the acoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr„ Chairperson PLANNING AO 30ILD.16 C.3MITTEE Lam 2. Craee. eWraareon follows: follows: 287 Commissioners Minutes Continued. August 9, 1990 Fiscal Note (Wisc. 90177) By Finance Committee IN RE: CIRCUIT COURT MEDIATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90177 and finds: 1. $75.00 each party pays for mediation pursuart to NCR 2.403 (H)(I) and the fine for untimely submission of mediation document copies to attorneys of record pursuant to revised MCR 2.403 shall be handled in a manner similar to that established for funds forfeited thru narcotic seizures. 2. That each mediator shall be eaid $1,000 per day for nis or her services. 3. The estimated annual revenue and exeenditure is $495,000 for these services; the estimated revenue and expenditure for the balance of 1990 is $186,.-,00 as snown on the attached budget detail. 4. kGOUntS for these funds shall be created and titled as follows: a. Accounts Payable - "Circuit Court Civil Mediation" b. Operating Revenue- "Civil V.ediation Payments" c. Operating Expenditure - 'Attorney Fees - Mediators" 5. Revenue shall be reellzed at the end of each fiscal year in an amount eoual to the cost incurred for the mediators. 6. The balance in the account after sale cost has been covered shall be used to help pay for Circuit Court enhancements and improvements only as requested by the Circuit Court and approved by the Board of Commissioners. 7. This proposal and procedure snall be imolemented September 1, 1990 and continue through December 31, 1991 at which time it be reviewed and a report made to the Public Services and Finance Committees to assess its performance. B. The 1990-1991 Circuit Court Biennial Budget be amended as follows: 1990 1991 3-10100-311-01-00 -2054 Civil Mediation Payments $186,03O $495,000 • 4-10100-311-Q1-00-3033 Attorney Fees - mediators 186,000 495,000 $ -0- $ -0- FINANCE G. William Caddell, Chairperson Moved by Richard !Win supported by Crake the resolution be adopted. AYES: Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, McPherson, Oaks, Olsen. (22) NAYS: Moffitt. (1) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90111) . By Finance Committee IN RE: Public Services/District Mrt Prooatioe - PROBATION REQUEST FOR ADDITIONAL POSITIONS To the (inland County Board of Comeissioners Mr, Chairperson, Ladies and Gentlemen: The Fiance Committee, hav 4.no reviewed 'die above eeferencee resolution and Fiscal Note, reports with the recommendation that the resolution be adopteo with the Fiscal Note amended as follows: add at the end of 5) "Continuation of the positions is dependent on the review of revenues after one year." Mr. Chairperson, or behalf of the Finance Committee, I move 'Ole acceptance of the foregoing report. FINANCE COMMITTEE G. William Caddell, Chairperson Report (Misc. 90111) By Personnel Committee IN RE: Public Services/District Court Probation - PROBATION REQUEST FOR ADDITIONAL POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson 555,461 35,458 $90,919 $29,749 19,020 $T-G7753 Commissioners Minutes Continued. August 9, 1990 288 Misc. 90111 By Public Services Committee IN RE: Public Services/District Court Probation - PROBATION REQUEST FOR ADDITIONAL POSITIONS To the Oakland County Board of Comnissioeers Mr. Chairperson, Ladies and Gentlemen: WHEREAS THE County's growing population and an increased hiring of police officers in the 52nd District Court jurisdiction has increased court activity and created a demand for more probation services; and WHEREAS this demand has substantially increased the caseload of Probation Officers in the division and increased clerical work generated from the increased caseload; and WHEREAS the division requests additional staff to continue adequately servicing the court and probationers, decrease the use of jail days, and encourage the Court's support for ordering probation service fees; and WHEREAS the Personnel Department has reviewed and recommended the additional staff requested by the division. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners create three (3) governmental positions in the Probation unit of the District Court Probation division as follows: 2 Probation Officers I 1 Typist Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution, PUBLIC SERVICES COMMITTEE • Richard D. Kuhn, Jr., Chairperson Fiscal Note (Misc. 90111) By Finance Committee IN RE: Public Services/District Court Probation/Probation - REQUEST FOR ADDITIONAL POSITIONS To the Oakland County Board of Commissioners Kr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed Miscellaneous Resolution #90111 and finds: 1) The District Court Probation division requests the creation of two (2) Probation Officers I and one (1) Typist I, 2) This request for additional staff is to continue adequately servicing the court and probationers, decrease the use of jail days, and eacourage the court's support for ordering probation service fees, 3) The annual cost for the two (2) Probation Officer I positions is $68,524 (salaries $48,154 and fringes $20.370) and one (1) Typist I position is $22,395 (salaries $15,738 and fringes $6,657), for a total annual cost of $90,919, 4) The cost for the remainder of 1990 (the earliest effective date of 6/16/90 -12/31/90) is $36,756 for two (2) Probation Officer I positions (salaries $25,830 and fringes $10,926) and $12,013 for one (1) Typist I position (salaries $8,442 and fringes $3.571), 5) There is a sufficient increase in revenues to offset the cost of the additional staff. 6) The 1990/1991 Biennial Budget is to be amended as follows: Revenue 1990 1991 3-10100-174-01-00-2024 Assessment & Evaluation 3-10100-174-01-00-2413 Probation Oversight Fees Expenses 4-10100-174-01-00-1001 Salaries 4-10100-174701 -0072075 Fringe Benefits $34,272 $63,892 14,497 27,027 T2T7E-9 $90,919 -0- FINANCE COMMITTEE G. William Caddell, aairperson Moved by Richard Kuhn supported by Crake the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supperted by Crake the resolution be adopted. Moved by Caddell supported by Crake the resolution be amended as recommended in the Finance Committee Report (add at the end of 5) "Continuation of the positions is dependent on the review of revenues after one year.") A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: 289 Commissioners Minutes Continued. August 9, 1990 AYES: Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhr, Law, McConnell, McCulloch, Moffitt, oaks, Olsen, Pappageorge. (22) NAYS: McPherson. (1) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Moved by Gosling supported by Crake the Board of Commissioners go into "Executive Session" for the purpose of discussion of pending litigation regarding "Charter Township of Orion vs Oakland County Board of Commissioners and Solid Waste Planning Committee." AYES: Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester. Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick. (23) NAYS: None. (0) A sufficient majority having voted therefor, the Board ad::ourned at 10:35 to go into "Executive Session". • The board reconvened in "open session".at 12:03. P.M. Chairperson Roy Rewold Called the meeting to order. Quorum present. Moved by CadOell supported by Ferrens the Board instruct Counsel to proceed forward with the directions that were given in the closed session. AYES: Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Zensen, Johnson, R. Kuhn, Law, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price. (22) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. The Chairperson vacated the Chair and Vice Chairperson Nancy McConnell took the Chair. Misc. 90192 By Commissioner Ruel 1, McPherson IN RE: COUNTY-OWNED LANDFILL To the Oakland County Board of Commissioners MT. Chairperson, Ladies and Gentlemen: WHEREAS the County faces a severe shortage of general landfills within the next few years; and ' WHEREAS the County continues to undergo dramatic and rapid development of its previously rural areas; and WHEREAS tae cost of landfills will increase dramatically as the County's rural areas are developed; and WHEREAS landfills should be planned now to avoid future exaggerated costs that will be associated with increased development of rurol areas; and WHEREAS landfills should be planned now to best assur .e reasonable devtiopaient of presently rural areas, particularly the siting of future residential and commercial areas; and WHEREAS Oakland County had the foresight in the 1960s to reoognize the need to purchase rural areas to assure economical recreational areas for the County residents; and WHEREAS Oakland County should nave the same foresight in the 1990's to recognize the need to purchase rural areas to assure economical, environmentally safe landfills for County residents; and WHEREAS presently Oakland County owns no landfills, nor does it have any land designated for new landfills; and WHEREAS the lack of county-owned land designated for landfills puts Oakland County at the mercy of the private landfill market with skyrocketing costs. NOW THEREFORE BE IT RESOLVED that the County of Oakland supports a public bonding proposal for landfill acquisition. Mr. Chairperson, I move the adoption of the foregoing resolution. Ruel E. McPherson, Commissioner District 4'9 The Vice Chairperson referred the resolution to the Planning and Building Committee. There were no objections. . Commissioners Minutes Continued. August 9, 1990 290 Misc. 90193 By Commissioners Price and Gosling IN RE: JTPA ALUMNI WEEK To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • WHEREAS, to the world, the tearing down of the Berlin Wall was a wondrous event, a cause for celebrating the progression of freedom, to the JTPA participants, the tearing down of the barriers to tneir ability to be employed is equally significant in insuring personal choice and freedom, and this accomplishment of the CPA program is being celebrated nationally during the week of August 27-September 3, 1990; and WHEREAS since 1982, the Job Training Partnership /at (JTPA) Program has assisted over 4 million Americans in gaining the necessary skills tc find and keep jobs, 28,631 beneficiaries of JTPA are Oakland County residents; and WHEREAS like any government program, there are numbers and statistics which present its success ratio, but the celebration of JTPA Alumni Week is designed to put faces on those statistics, so that we are not attempting to celebrate successful percentages, but rather personal, individual triumphs of our citizens. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, does hereby most heartily congratulate all of the 28,631 3TPA Alumni of Oakland County, and extends its gratitude to all who have participated in providing the training programs which have offered these citizens a new life; and does hereby join with local governments throughout the Nation in proclaiming August 27-September 3. 7990 as JTPA ALUMNI WEEK IN OAKLAND COUNTY. Mr. Chairperson, we move the adoption of the foregoing resolution. Hubert Price, Commissioner District #8 Marilynn E. Gosling, Commissioner District #14 Moved by Price supported by Oaks the rules be suspended for immediate consideration of the rules. Moved by Moffitt supportee by Kuhn a unanimous ballot be cast for suspension of the rules. A sufficient. majority having voted therefor, the motion to suspend the rules carried. Moved by Moffitt supported by Price the resolution be unanimously adopted. A sufficient majority having voted therefor, the resolution was unanimously adopted. In accordance with Rule XXII, toe following referrals were made by the Vice Chairperson: GENERAL GOVERNMENT a. NACe-Bipartisan Leadership Effort to Reduce the Federal Budget Deficit Through Elimination of State/Local Income Tax Deduction b. City of Royal Oak-(Support) Bonding Proposal fDr Landfill Acquisition c. MAC - MB 5878, Polluters Pay Legislation d. MAC - State & Local Income Tax Deduction e. City of Birmingham-(Support) SB 882-MI Cultural Bond f. Michigan Federation of Humane Societies-(Support) Draft Cat Control Legislation g. Oceana County-(Opouse) Proposed Elimination of MI State Police Toxicology Lab h. Michigan YES Grants - Environmental Science PLANNING AND BUILDING a. MI Dept, of Transportation - Excess Property PUBLIC SERVICES a. Muskegon County-Prisoner Boarding Policy b. MI Dept. of Social Services-Child Support Enforcement Grant OTHERS Commissioners a. Thomas J. Bulger-Washington Report for the Week of July 23, 1990 Sheriff Nichels a. Muskegon County - Prisoner Boarding Policy Management and Budget a. Equalization-Ind. Fac. Exempt over 5% SEV, Delta Tooling Co., Auburn hills b. Equalization-Ind. Fac. Exempt over 5% SEV, Siemens Automotive L.P.., Auburn Hills c. Equalization-I.F.E. Certificate in Excess of 5% SEV, Diary Ingredients, Inc., Auburn Hills Roger Smith a. ICMA- Survey of Solid Waste Collection & Disposal Practices LYNN D. ALLEN Clerk ROY REWOLD Chairperson ' 291 Commissioners Minutes Continued. August 9. 1990 OTHERS (continued) Lloyd Hampton a. Citizens Fidelity Leasinc Corporation - Leasing Information C. Hug!) Dohany a. Equalization - I.F.E. Certificate in Excess of 5% SEV, Diary Ingredients, Inc., Auburn Hills • Moved by Pappageorge supported by Richard Ken the Board adjourn dntil August 30, 1990 at 930 A.M. A sufficient majority having votee tnerefor, the motion carried. The board adjourned at 12:15 P.M. OAKLAND COUNTY Board Of Commissioners MEETING August 30,1990 Meeting called to order by Chairperson Roy Rewold at 9:50 A.M. in the Commissioners Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. • PRESENT: Aaron, Caddell, Chester, Crake. Ferrens, Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageurge, Pernick, Price, Rewold, Skarritt, Wolf. (25) ABSENT: (With Notice) Bisnop, Calandro, (2) Quorum present, Invocation given by Commissioner Richard Kuhn. Pledge of Allegiance to the Flag. Moved by Pernick supported by Olsen the minutes of the August 9, 1990 Board Meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved. by Olsen supported by Pernick the Rules be aospended and the agenda amended for the following items on the printed agenda: FINANCE COMMITTEE: b. Department of Institutional and Human Services/Health Division - Request for Advanced Office System (Waive Rule X.(B) - was Not Reviewed by tee Liaison Committee [General Government]) PLANNING AND BUILDING COMMITTEE; b. Drain Commissioner/lespection - Creation of Six (6) Construction Inspector I and pour (4) Construction II Positions (Waive Rule XI,(F) - Direct Referral to Finance Committee. Expedition Requested by Drain Commissioner's Office) PUBLIC SERVICES COMMITTEE: c. Probate Court - Oakland County Child Care Fund Budget 1990/91 (Waive Rule XI.(F) - Direct Referral to Finance Committee. Expedition Requested by Ms. Consilio) A sufficient majority having voted therefor, the motion to suspend the rules carried. Vote on agenda, as amended: AYES: Aaron, Caddell. Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappaleorge, Pernick, Price, Rewold, Skarritt, Wolf. (25) NAYS: None. (0) A sufficient majority having voted therefor, the agenda, as amended, was approved. Clerk read letter from County Executive, Daniel T. Murphy stating Robert Tera will be the County Executive appointee to the Oakland County Library Board, effective August 26, 1990. There were no objections and the appointment of Robert Tera was approved. 292 Clerk read letter from Thelma J. Moore, President of NABCD, announcing Commissioner Hubert Price, Jr. was elected to the office of Treasurer for the National Association of Black County Commissioners Minutes Continued. August 30, 1990 Officials. commissioner Price, accompanied by Commissioners Gosling and Richard Kuhn, presented the Jobs Training Partnership Act Awards to several outstanding participants. The following persons addressed the Board: Marilynn Burton-Ristau, Laurie Eaton, Norm Saari and Chester Bolen. Misc. 90194 By Finance Committee IN RE: Public Works/Facilities Engineering Division - AWARD OF CONTRACT FOR 1990 COURTHOUSE REMODELING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution 90137 of Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for construction of two courtrooms; and WHEREAS in accordance with bidding procedures, bids for the installation of the above mentioned were received and opened on July 18, 1990; and WHEREAS the County Executive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder, John M. Olson Co., be awarded a contract for construction in the amount of $3B4,584; and WHEREAS additional costs are estimated to be $200,416; and WHEREAS the total cost of the above mentioned work is estimated to be $585,000 as detailed in the attached schedule; and WHEREAS funding for the above mentioned project is available in the Revised 1950 Capital Improvement Program - Buildings Section Fund #40100: NOW THEREFORE BE IT RESOLVED as follows: 1) The Board of Commissioners autnorizes the transfer of $585,000 from the 1990 Capital Improvement Program - Building Fund to the Project Work Order Fund to establish the 1990 Courthouse Remodeling project. 2) The contract proposal of John M. Olson, Co.. of St, Clair Shores, Michigan in the amount of $384,5114 be accepted and the contract awarded in concurrence with the Planning and Building Comnittee recommendations. 3) Funds be provided in the amount of 5200,416 to cover the remaining project costs. 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with John M. Olson, Co., of St. Clair Shores, Michigan on behalf of County of Oakland. 5) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the awardee of this award, in writing no later than 10 days after adoption of this resolution. The award shall not be effective until the awardee has been notified. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Report (Misc. 90194) To Finance Committee By Planning and Building Committee IN RE: AWARD OF CONTRACT FOR 1990 COURTHOUSE REMODELING Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the bids received for the above-referenced project, reports with the recommendation that the contract be awarded to John M. Olson Company in the amount of $384,584, for a total project cost of $585,000. Mr. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Caddell supported by Crake the Planning and Building Committee report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Crake the resolution be adopted. AYES: Caddell, Chester, Crake, Ferreps, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luzon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. „ Total $ 212 $ (212) $ -C- $ 636 . $ (636) $ -0 - Commissioners Minutes Continued. August 30, 1990 Misc. 90195 By Finance Committee IN RE: Department of Institutional and Human Services/Health Division - REQUEST FOR ADVANCLD OFFICE SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Health Division has requested an Advanced Office System consisting of two (2) file servers and ten (10) work stations to replace outdated equipeent; and WHEREAS on duly 24, 1990. CLIAC approved the Healtn Division's request for an Advanced Office System; and WHEREAS there is no capital cost for the hardware and software required since this is replacement of fully depreciated equipment; and WHEREAS annual operating cost increases equal 1636, and the cost increase for the remainder of 1990 equals $212. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the following amendments to the 1990/1991 Biennial Budget for the Health Division's Advanced Office System: 1990 1991 294 Governmental Fund: Expenditures 4-22100-162-01-00-G360 Computer Service-Operation 1-10100-492-040 Designated Fund Balance Computer Services Fund; Revenues 3-63600-181-01 -00-2031 Budgeted Departments $ 212 $ 636 Expenditures 4-63600-184-01 -00-3304 Depreciation $ 212 $ 636 Total $ -0- ,$ -0- Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FIHANZE COMMITTEE G. William Caddell, CIairperson Moved by Caddell supported by Crake the resolue.ion be aclopted. AYES: Chester, Crake, Ferrens, Gosling, Huntoun, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Lexon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Reweld, Skarritt, Wolf, Aaron, Caddell. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. ' Misc. 90196 By Personnel Committee IN RE:. Safety Division - 1990-1991 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY FRATERNAL ORDER OF POLICE To the Oakland County Board of Comeissiooers Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Labor Ceuneil, Fraternal Order of Police, have been negotiating a 1990-1991 Collective Bargaining Agreement covering Building Safety attendants in the Safety Division of the Central Services Department; and WHEREAS an agreement has been reached with these employees for the period December 30, 1989 through December 31, 1991 and said agreement has been reduced to writing; and NOW THEREFORE BE :T RESOLVED that the attached Agreement between the County of Oakland and the Fraternal Order of Police be and the same are hereby approved and that the Chairperson of this Board, on behalf of the County of Oakland, be and is hereby authorized to execute said agreement, a copy of which is attached hereto. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calancro,. Chairperson Copy of Collective Bargaining Agreement on file in County Clerk's Office. The Vice Cnairperson referred the resolution to the Finance Committee. There were no objections. 295 Commissioners Minutes Continued. August 30, 1990 Misc. 90133 By Planning and Building Committee IN RE: Drain Commissioner - ADVANCE OF FUNDS FOR BUNNY RUN LAKE LAKE LEVEL PROJECT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution Ho. 89131 on May 25, 1989, directing tee Prosecuting Attorney to institute a complaint to establish a lake level for Bunny Run Lake, as provided in At 146 of the Public Acts of 1961; and WHEREAS the Oakland County Circuit Court has set a hearing for Werinesday, June 5, 1990 to determine whether or not to establish normal heights and levels for Bunny Run Lake, and to confirm a special assessment district; and WHEREAS the Drain Commissioner, in order to proceed with the construction of a new dam at Bunny Run Lake, requests the advance of an amount not to exceed $285.000, with the full amount of the advance to be repaid from a special assessment roll to be collected over a period of ten years, said advance to be repaid with interest at the current Treasury Bill interest rate at the time of adoption of this resolution; and WHEREAS the actual amount to be advanced, not to exceed $2E5,C00, shall be determined upon the receipt of bids. NOW THEREFORE BE IT RESOLVED that the Oakland County eoard of Commissioners, for the protection of public safety, and to protect the natural resources of the State, and to protect the value of properties around Bunny Run Lake, deems it expedient to authorize the advance of a sum not to exceed $285,000 to the lake level control cistrict for Bunny Run take, with the full amount of the advance to be repaid from a special assessment roll to be collected over a period of ten years, said advance to be repaid with interest at the current Treasury Bill interest rate at the time of adoption of this resolution. BE IT FURTHER RESOLVED that no advance shall be made to the lake level control district for Bunny Run Lake uneil a special assessment roll has been confirmed pursuant to the provisions of Act 146 of the Public Acts of 19B1. BE IT FURTHER RESOLVED that the real property in tne area of the improvement and the Township of Orion, which will benefit from the construction of the new dam, shall bear the entire cost of the project, and that the cost of maintaining the level of said lake shall be borne by the benefited properties in the area of improvement and the Township of Orion. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of tee foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Fiscal Note (Misc. 90133) By Finance Committee IN RE: Drain Commissioner - ADVANCE OF FUNDS FOR BUNNY RUN LAKE, LAKE LEVEL PROJECT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution /90133 and finds: 1) The amount of the advance is estimated at $285,000 to be repaid over a ten-year period from a special assessment roll. 2) Since the advance is long-term, the appropriate interest rate would correspond to the ten-year Treasury Bond rate, and the resolution should be amended in the NOW THEREFORE BE IT RESOLVED paragraph to read: "...said advance to he repaid with interest compounded quarterly fixed at the 'tan-year Treasury Bond interest rate in effect on the date this resoution is adopted." 31 In conformance with Miscellaneous Resolution #89276. "Loan of County Funds Policy", the resolution should be amended to add the following paragraph: BE IT FURTHER RESOLVED that said advance must comply with all legal • mandates including those of the Municipal Finance Division of the State Department of Treasury (formerly known as the Municipal Finance Commission)." 4) The resolution should be amended as follows: a) in the third WHEREAS paragraph, third line, delete the words "amount not to exceed" and insert the word "estimated". b) In the fourth WHEREAS paragraph, first line, delete the words "not to exceed" and insert the words "estimated at". el In the NOW THEREFORE BE IT RESOLVED paragraph, fifth line, delete the words "a sum not to exceed" and insert the words "an estimated". • d) Add a paragraph followine the NOW THEREFORE BE IT RESOLVED paragraph which reads: 'BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be authorized to approve additional amounts, if needed, up to 15% above 296' Commissioners Minutes Continued. August 30, 1990 the estimated $285,000 if the bids received for the reconstruction of the dam are higher than the engineer's estimate." 5) Amendments to the 1990/1991 Biennial Budget are not required. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Johnson the resolution be adopted. Moved by Rewold supported by Johnson the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph to submit the language "Advance of funds for Bunny Run Lake Level Improvement Project (and its accompanying Fiscal KOte)toread "said advance to be repaid without interest." Discussion followed. AYES: Johnson, Rewold. (2) NAYS: Crake, Ferrens, Gosling, Huntoon, Jensen, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Skarritt, Wolf, Aaron, Caddell, Chester. (23) A sufficient majority not having voted therefor, the amendment failed. Moved. by Rewold Resolution #90133, Advance of Funds for Bunny Run Lake Level Improvement Project, and its accompanying Fiscal Note, be amended to read: "such advance to be repaid at a simple interest rate of 5% ". Discussion followed. Mr. Rewold withdrew his amendment and submitted the following amendment: the interest rate be set at the current 5-month Treasury Bill Rate.' A sufficient majority having voted therefor, the amendment carried. Moved by 'Caddell supported by Rewold the resolution be amended to agree with the Fiscal Note (Items #3 and #4). • A sufficient majority having voted therefor, the amendment carried Moved by Caddell supported by Rewold the Fiscal Note be amended by deleting item #2. A sufficient majority having voted therefor, the amendment carried, vote on resolution as amended (with amended Fiscal Note attached) AYES: Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, • McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted, Report (Misc. 90197) By Personnel Committee IN RE: Drain Commissioner/Inspection - CREATION OF SIX (6) CONSTRUCTION INSPECTOR I AND FOUR (4) CONSTRUCTION INSPECTOR II POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move be adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson • Misc. 90197 By Planning and Building Committee IN RE: Drain Commissioner/Inspection - CREATION OF SIX (6) CONSTRUCTION INSPECTOR I AND FOUR (4) CONSTRUCTION INSPECTOR II POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS County construction inspector staffing has traditionally followed the upturns and downturns in related activity; and $65,112 27,542 -0- -0- 9266 $ -0- 297 Commissioners Minutes Continued, August 30, 1990 WHEREAS following the 1990 budget process, the Drain Commissioner received •oon-qact$ for additional sewer, storm drain, and water line construction, as well as sewer rehabilitation projects; and WHEREAS theSe new construction related projects require on-site inspection staff for adequate assurance that County contract specifications are met; and WHEREAS the Drain Commissioner's current staff of construction inspectors is not sufficient to meet the increased activity; and WHEREAS the Drain Commissioner's current projections show that six (6) entry level Construction Inspector I and four (4) intermediate level Construction Inspector II positions would meet program needs as projected at this time; and WHEREAS the cost of the requested staffing would be completely paid from project revenues; and 'WHEREAS these positions will be deleted should project funding be insufficient to meet related salary and benefit costs; NOW THEREFORE BE IT RESOLVED that six (6) governmental Construction Inspector I and four (4) governmental Construction Inspector II positions be created in the Inspection unit of the Drain Commissioner Department. Mr. Chairperson, on behalf of the Planning and Building Committee, I rove the adoption of the foregoing resolution. Fiscal Note (Misc. 90197) By Finance Committee IN RE: Drain Commissioner/Inspection - CREATION OF SIX (6) CONSTRUCTION INSPECTOR I AND FOUR (4) CONSTRUCTION INSPECTOR II POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G, the Finance Committee has reviewed Miscellaneous Resolution #90191 and finds: 1) The ten additional positions will be funded entirely from project revenues. 2) The cost of the positions for the remainder of 1990 is $92,654 and $289,364 for 1991. 3) The 1990/1991 Biennial Budget is amended as follows: 1990 1991 PLANNING AND BUILDING COMMITTEE Larry Crake, Cnairperson Revenues 3-10100-611-D1-00-2529 Expenditures 4-101004'11-01-00-1001 4-10100-611-01-00-2074 4-10100-611-01-00-1090 4-10100-611-01-00-2090 Reimbursement for Salaries $92,654 Salaries Fringe Benefits Salary Adjustment Fringe Benefit Adjustment Subtotal Total $289,364 $195,336 82,627 8,790 2,611 $289.364 $ -0 FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Pappageorge the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Crake supported by Pappageorge the Fiscal Note Pe accepted. A sufficient majority having voted therefor, the Fiscal Note was accepted. Moved by Crake supported by Pappageorge the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens. (22) NAYS: Hone. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90198 By Planning and Building Committee IN RE: Economic Development Division - RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (DETROIT COUNTRY DAY SCHOOL PROHCT) - VILLAGE OF BEVERLY HILLS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS there exists in the County of Oakland the need for projects to alleviate and Commissioners Minutes Continued. August 30, 1990 prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the County's economy and to encourage the location and expansion of such enterprises to provide needed services and facilities to the County and its residents; and WHEREAS the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") provides a means for the encouragement of such projects in this County through the County's Economic Development Corporation (the "EDC"); and WHEREAS the EDC has commenced proceedings under the Act for the benefit of such a project (Detroit Country Day School Project) and has designated to this Board of Commissioners a Project Area and Project District Area for its approval; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSINERS OF THE COUNTY OF OAKLAND, as follows: 1. The Project Area, as described in Exhibit A attached hereto, as designated by the EDC to this Board is hereby certified as approved, 2. That, it having been determined that the territory surrounding said designated Project Area will not be significantly affected by the Project because the surrounding territory is devoted to commercial/industrial uses, a Project District Area having the same description as and boundaries coterminous with the Project Area herein certified as approved be hereby established. 3. That, it having been determined that there are less than eighteen (18) residents, real property owners, or representatives of establishments, located within the Project District Area, a Project Citizens District Council shall not be formed pursuant to Section 20(b) of the Act. 4. That the County Clerk is nereby directed to provide four certified copies of this resolution to the Secretary of the Board of the [DC. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. Moved by Crake supported by Jensen the resolution be adopted. • AYES: Hunteon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Rewold, SRarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling. (22) NAYS: None, (0) A sufficient majority having voted therefor, the resolution was adopted. Mist, 90199 By Planning and Building Committee IN RE: Economic Development Division APPOINTMENT OF ADDITIONAL [DC EIRECTORS (DETROIT COUNTRY DAY SCHOOL PROJECT) VILLAGE OF BEVERLY H:LLS • To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS this Board of Commissioners has received a resolution from the Board of Directors of The Economic Development Corporation of the County of Oakland designating a Project Area and Project District Area for a project (Detroit Country Day School Project) under the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974_ as amended (the "Act"); and WHEREAS it is necessary to confirm the appointment by the County Executive of the County of Oakland of two additional directors to the Board of said :conomic Development Corporation in connection with said Project, in accordance with Section 4(2) of the Act; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: 1. The appointments of George Majors and David Jensen, who are representative of neighborhood residents and business interests likely to be affected by said Project, to the Board of Directors of The Economic Development Corporation of the County of Oakland are hereby confirmed in accordance with Section 4(2) of Act No, 338 of the Michigan Public Acts of 1974, as amended. George Majoros and David. Jensen shall cease to serve when the Project for which they are appointed is either abandoned, or if undertaken, is completed in accordance with the Project Plan therefor. 2. All resolutions or parts thereof in conflict with this resolution are hereby repealed, but only to the extent of such conflict. 3, The County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the Economic Oevelnpment Corporation. Kr. Chairperson, on behalf cf the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Jensen the resolution be adopted. 298 PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson 299 Commissioners Minutes Continued. August 30 1 1990 • AYES: Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake. Ferrens, Gosling, Huntoon. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90200 By Planning and Building Committee IN RE: Corporation Counsel, Real Estate Section - CONVEYANCE OF COUNTY OWNED. PROPERTY: LOT 14, HATHORNS ADDITION, VILLAGE OF MILFORD, FOR ROAD PURPOSES, TO THE VILLAGE OF MILFORD, TAX ITEM )6-11-180-006 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oaklard owns property located in the Village of Milford and described as Lot 14 of Hathorns Addition to the Village of Milford; and WHEREAS this property was deeded to the County of Oakland for $1,00 . in 1922 for road purposes; and WHEREAS this property is presently being used partially for road purposes; and WHEREAS the Village of Milford is preparing to improve portions of the road and road rights of way by constructing sidewalks; and WHEREAS the Village of Milford has jurisdiction and maintenance over this portion of road; WHEREAS the Village of Milford has requested that the County of Oakland deed or convey said Lot 14 of Hathorns Addition to the Village of Milford; and . WHEREAS Mr. James Fanzini, Rights of Way Engineer at the Oakland County Road Comics ., .n has recommended the conveyance of Lot 14 of Hathorns Addition to the Village of Milford; and WHEREAS said conveyance of Lot 14 of Hathorns Addition to the Village of Milford would benefit the County of Oakland as to possible liability on this property. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the conveyance of Lot 14 of Hathorns Addition to the Village of Milford for road purposes. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its chairperson to execute the necessary documents to effect same. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Skarritt the resolution be adopted. Discussion followed. Moved by Skarritt supported by Pernick the resolution be referred to the Planning and Building Committee. - Vote on referral: AYES: R. Kuhn, S. Kuhn, Law, Luxon, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Aaron, Caddell, Chester, Ferrens, Gosling, ,..ensen. (•B) NAYS: Johnson, McConnell, Skarritt, Crake, Huntoon. (5) A sufficient majority having voted therefor, the motion to refer carried and the resolution was referred to the Planning and Building Committee for further study. • Report (Misc. 90155) By Public Services Committee IN RE: RESIDENTIAL COMMUNITY DEVELOPMENT CORPORATION OVERSIGHT-CONTRACT WITH UNITED WAY OF OAKLAND To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the attached amendments to the contract. Mr. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson • Misc. 90165 By Commissioners Price, McConnell and Ferrens IN RE: RESIDENTIAL COMMUNITY DEVELOPMENT CORPORATION OVERSIGHT - CONTRACT WITH UNITED WAY OF OAKLAND To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: and and Commissioners Minutes Continued. August 30, 1990 300 WHEREAS the condition of housing stock is a reflection of the well-being of a county; and WHEREAS the maintenance of property values is important to the individual owner and the governmental jurisdictions that derive revenue based on property values; and WHEREAS certain communities in the county have housing stock that is aging; and WHEREAS it has been found that the residential community developments corporations (CDC's) at the 'neighborhood" level can be effective in rejuvenating areas that are threatened by deterioration; and WHEREAS the purpose of the Housing Collaborative Program of the United Way of Oakland promotes the development of residential CDC's and provides technical support and administrative oversight to existing CDC's; and WHEREAS it would be more cost efficient to contract for services from the United Way of Oakland to promote and strengthen residential CDC's than carry on this activity on its own. • NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves entering into the attached contract with the United Way of Daklane for the services outlined in that contract for the sum of $50,543. BE IT FURTHER RESOLVED that United Way of Oakland report to the Public Services Committee of the Board of Commissioners in the month of October, 1991 on the following. data: • 1. The number of residential eDC's in the County by city, village and township. , 2. The number of such CDC's under the oversight of the Housing Collaborative Program. 3. The amount of money by source that was expended by COC's for maintenance, rehabilitation and other neighborhood improvements during tie period of September, 1990 through August 31, 1991. 4. The actual number of hceses that Were impacted through those expenditures by type of expenditure. 5. A projection for the spread of the residential CDC concept for the period of September 1, 1991 through August 31, 1992 and the financial resources that nay be available to maintain this movement. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is hereby authorized to sign said contract. Mr. Chairperson, we move the adoption of the foregoing resolution. Hubert Price, Jr., Commissioner Dist. #8 • James D. Ferreas, Commissioner Dist. 47 Nancy McConnell, Commissioner Dist, #23 Copy of attachments on file in County Clerk's office. Fiscal Note (Misc. 90165) By Finance Committee IN RE: RESIDENTIAL COMMUNITY OEVELUPMENT CORPORATION OVERSIGHT - CONTRACT WITH UNITED WAY OF OAKLAND To the Oakland County Board of Commissiorers Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Beard, the Finance Committee has reviewed Miscellaneous Resolution #90165 and finds: 1) The resolution authorizes a contract between the County and United Way of Oakland to research the number and impact of residential community development corporations. 2) The proposed contract operates from August 1, 1e90 through July 31, 1991 at a total cost of $50,543. 3) Funds are available in the 1990 contingency Account to cover the contract cost, the following amendments to the 1990/1991 Biennial Budget are recommended. 1990 4-10100-909-01-00-9900 Contingency 50,543 $ -0- 4) Recommends amendments to the contract adding page 2 paragraph 0-5: An annual financial audit will be conducted, by a firm or individuals selected by the County." FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Pappageorge the report be accepted. A sufficient majority having voted therefor, the reecrt was accepted. Moved by Richard Kuhn supported by Pappageorge the resolution be adopted. Moved by Gosling supported by Pappageorge the Fiscal note be amended by deleting "1) The resolution authorizes a contract between the County and United Way of Oakland to research the number and impact of residential community development corporations." Also, the numbers be revised accordingly. 4-1010D-161-01-00-312B Professional Services n•n.• 301 Commissioners Minutes Continued. August 30, 1990 A sufficient majority having voted therefor, the amendment carried. Moved by Gosling supported by Pappageorge the resolution be amended in the last WHEREAS paragraph after the words cost efficient add for the County of Oakland". Also, the resolution be further amended in the NOW THEREFORE BE IT RESOLVED paragraph after "for the sum of $50,543,', add "The contract requires the United Way of Oakland County to stimulate the development of additional residential community development corporations in the balance of Oakland County where housing stock is in decline. In addition, the United Way of Oakland County is to assist the new residential community development corporations in becoming eligible for grants from state, federal and private sources. Such efforts will increase the value of housing stock thereby maintaining the tax base of Oakland County." A sufficient majority having voted therefor, the amendment carried. Mr. Price stated in the Fiscal Note, under 2), the dates do not coincide with the resolution, and they should be changed to read "September 1, 1990 through August 31, 1991", There were no objections to the correction, and the Chairperson stated it would be corrected. Moved by Richard Kuhn supported by Pappageorge the resolution be amended as suggested by Corporation Counsel: page 2, Paragraph C-1 - add a second sentence to read as follows: 'Payments will be made on a quarterly basis, upon approval of the Director of the Department of Institutional and Human Services that the Contractor has performed in a satisfactory manner." Page 2, Paragraph 0-3 - delete the existing paragraph and add the following: 'Contractee, as an independent contractor, shall save and bold harmless the County of Oakland in the event that the County of Oakland is sued as a result of any actions or negligence on the part of the contractee or any of its employees or agents. Further, the contractee agrees that it will pay the cost of defense, including attorneys' fees, actual costs and judgments, rendered against the County of Oakland as a result of acts or negligence, occasioned by the contractee or its agents or employees. Further, the contractee will provide the County of Oakland with a certifitate of insurance which provides coverage for the County of Oakland for any acts or negligence on the part of the contractee or its employees, Such policy of insurance shall comply with the standards and shall have a policy limit as listed below: (1) Comprehensive General Liability Broad Form in $500,000 combined single limit and $1,000,000 annual aggregate with the following minimum requirements: a. Broad Form Property damage; b. Premises/Operations; c. Independent Contractors; d. (Blanket) Broad Form Contractual; e. Personal Injury - delete contractual exclusion "A" and employee exclusion "C"; and f. Additional Insured - Oakland County, Oakland County Employees and appointed and elected officials and their agents. (2) Worker's Compensation as required by law, (3) Employer's Liability in $100,000 limit. All certificates are to provide 30 days notice of material change or cancellation. Certificates of insurance must be provided no less than ten (10) working days before commencement of work to the Risk Management Department. Insurance carriers are subject to the approval of Oakland County. Coverages and limits are also subject to the approval of Oakland County as to conformity with contract requirements. Page 2, Paragraph 0-4 - delete the words "his/her" and add the word "its". A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: R. Kuhn, S. Kuhn, Law. Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Chester, Crake, Ferrens, Gosling, Huntoen, Jensen, Johnson. (23) NAYS: Olsen, Caddell. (2) A sufficient majority having voted therefor, the resolution. as amended, was adopted. Commissioners Minutes Continued. August 30, 1990 Misc, 90201 By Public Services Committee IN RE: Community Development Division - HOME IMPROVEMENT PROGRAM GUIL1ELINE CHANGES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS the Community Development Division has administered the Home Improvement Program since 1976 to rehabilitate single family owner occupied housing for low and moderate income persons and improve our residential neighborhoods; and WHEREAS in Miscellaneous Resolutions #81237 and #82233, the Oakland County Board of Commissioners approved guidelines for edninistering the Home Improvement Program; and WHEREAS annual rates of inflation and rising construction costs have reduced the purchasing power of the $7,000 (plus 10% contingency .imum home improvement loan amount set in 1981 and have eroded the Program's capacity to bring a house to a decent, safe and sanitary condition; and WHEREAS costs incurred to comply with additional federal and local rehabilitation requirements have further reduced the scope of work that can be accomplished under the current $7,000 (plus 10% contingency) maximum loan amount; and • WHEREAS the Community Development Division recommends that the current maximum loan amount of $7,000 (plus 10% contingency) be increased to $9,000 (plus 70% contingency) as a means to offset negative economic and regulatory influences that have eroded the program's housing rehabilitation capacity; and WHEREAS the Oakland County Board of Commissioners adopted J.S. Department of Housing And Urban Development Section 8 low and moderate income limits as tie income eligibility criteria for the Program; and WHEREAS the Home Improvement Program income limits are periodically updated in accordance with HUD's revisions of the Section B low and moderate income lmits; and WHEREAS the current Home Improvement Program eligibility criteria restrict eligible homeowners to a maximum of $10,000 in liquid assets as established in 1976; and WHEREAS the income generated through liquid assets is considered part of the base household income used to determine eligibility; and WHEREAS U.S Department of Housing and Urban Development and Michigan State Housing Development Authority ,(MSHDA) regulations do not impose liquid asset limitations as a criterion for qualifying homeowners for housing renabilitation programs; and WHEREAS the Community Development Division recommends that the $10,000 maximum liquid asset limitation be eliminated from the guidelines; and WHEREAS the Oakland County Community Development Ciezens Advisory Council by a roll call vote of 12-0, have approved raising the maximum loan amount for each home improvement project from $7,000 (plus 10% contingency; to $9,000 (plus 10% contingency) and deleting the liquid asset limitation from the Home Improvement Program eligibility criteria. • NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the Home Improvement Program Guideline changes which increase the maximum home improvement loan amount to $9,000 (plus 10% contingency) and delete the liquid asset limitation from the eligibility criteria as reflected in the attached Home Improvement Program Guidelines. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing reselution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Copy of attachments to resolution on file in County Clerk's office. Moved by Richard Kuhn supported by Pappageorge the resolution be adopted. AYES: S. Kuhn, Law, Luxon, McCulloch, Mcnerson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn. (24) NAYS: None. CO) A sufficient majority having voted therefor, the resolution was adopted. Fiscal Report (Misc. 90202) • By Finance Committee IN RE: Probate Court - OAKLAND COUNTY CHILD CARE BUDGET 1990 - 1991 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Finance Committee having reviewed Miscellaneous Resolution #89202 reports as follows: 1) The Child Care Fund application covers the period October 1, 1990 through September 30, 1991, and is necessary for the County to e eligible for Child Care Fund reimbursement, 2) The figures provided are estimates based on current available data and may not reflect the eventual adopted budget and/or actual expenditures for the program. 2) The application reflects: $13,161,506 in gross expenditures and .$2,346,507 in 302 303 Commissioners Minutes Continued. August 30, 1990 offsetting revenues, with net expenditures estimated at $10,814,999. 4) Indications by the State is that the 1990/1991 Child Care Fund expenditure cap will be $7,913,854 (of which the County receives 50%), the same amount as the 1989/1990 cap. 5) Should the application be approved by the State as submitted, Oakland County will exceed the cap by $2,901,145, resulting in an effective reimbursement rate of 36.59%. 6) Submittal of this application will not affect our lawsuit regarding the Child Care Fund cap. Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing report. FINANCE COMMITTEE • G. William Caddell, Chairperson Misc. 90202 By Public Services Committee IN RE: Probate Court - OAKLAND COUNTY CKILD CARE FUND BUDGET 1990-1991 To the Oakland County Board of Commissioners - Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to provisions of Act 280 of the Public Acts of 1975, as amended, Oakland County is required to develop and submit a plan and budget for the provision of funding of foster care services to the Office of Children and Youth Services, Department of Social Services, annually; and WHEREAS the Oakland County Probate Court, County of Oakland, in consultation with the Oakland County Department of Social Services (but not in full agreement) have developed the attached foster care services budget for the State's fiscal year, October 1, 1990, through September 30, 1991; and WHEREAS the Public Services Committee has reviewed this budget and recommends its submission to the State Office. HOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes submission of the 1990-1991 Oakland County Cnild Care Fund Budget to the State Office of Children and Youth Services, Department of Social Services. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution, PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Copy of attachments to the resolution on file in County Clerk's Office. Moved by Richard Kuhn supported by Jensen the resolution be adopted. AYES: Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, S. Kuhn. (261 NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90203 By Public Services Committee IN RE: Sheriff's Department - ACCEPTANCE OF 199011991 INMATE SERVICES SUBSTANCE ABUSE. COORDINATOR PROJECT GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #89105 requires the appropriate liaison committee to review the acceptance of all grants that vary more than fifteen (15) percent from the original grant application; and WHEREAS the Oakland County Sheriff's Department applied for initial funding of the Inmate Services Substance Abuse Coordinator Project Grant for the period October 1, 1990 to September 30, 1991 in the amount of $49,933; and WHEREAS the State of Michigan Office of Criminal Justice has awarded the County $40,544 (State - $30,408, County Match - $10,136), or 81% of the applied amount as detailed in Schedule A; and WHEREAS the grant award provides funding for the creation of one 11) Inmate Services Substance Abuse Coordinator position (salary grade 10), which requires approval of the Personnel Committee; and WHEREAS this grant is not included in the 1990/1991 Biennial Budget and acceptance of the award will .require funding for County match of $10,136, or 25% and approval of the Finance Committee; and WHEREAS the County match requirements for continuation of this four-year grant program will increase to 40% in the second year and to 50% in the third and fourth year; and 304 Commissioners Minutes Continued. August 30, 1990 WHEREAS Corporation Counsel has reviewed and approved this grant award as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Sheriff's 1990/1991 Inmate Services Substance Abuse Coordinator Project grant in the amount of $40,544 (State - $30,408, County - $10,136). BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby authorized to execute said agreement and to approve minor changes and agreement extensions not to exceed fifteen (15) percent variance which are consistent with the agreement as approved. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr.. Chairperson The Chairperson referred the resolution to the Finance Committee.. There were no objections. Misc. 90204 3y Public Services Committee IN RE: Sheriff's Department - REGIMENTED INMATE DISCIPLINE PROGRAM - AKA "BOOT CAMP' To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff is proposing a Regimented Inmate Discipline Program AKA "Boot Camp" concept; and WHEREAS the attached Document I details the concept as it relates to prisoner population, eligibility criteria, program environment and components and Document II contains a detailed hour-by-hour tentative schedule for inmates; and WHEREAS the "Boot Camp" concept has the endorsement of the Sixth Judicial Circuit Court; WHEREAS Oakland County Circuit Court Probation Department has reviewed this proposal; and , WHEREAS the first six week program will be experimental and permanent staffing will not be necesssary; and WHEREAS the Sheriff is oroposing to staff this initial start-up program on an overtime basis at a cost not to exceed $17,6 4,0. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Sheriff to proceed with the Regimented Inmate Discipline Program as per the attached documents. BE IT FURTHER RESOLVED that a 1990 Budget adjustment will be necessary in this amount of $17,640 to implement this program. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Copy of attachments on file in County Clerk's Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Report (Misc. 90205) By Personnel Committee IN RE: Institutional and Human Services/Medical Examiner - CREATION OF CHIEF FORENSIC PATHOLOGIST CLASSIFICATION AND POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing reports, PERSONNEL COMMITTEE John P. Calandro. Chairperson. Misc. 90205 By Public Services Committee IN RE: Institutional and Human Services/Medical Examiner - CREATION OF CHIEF FORENSIC PATHOLOGIST CLASSIFICATION AND POSITION To the Oakland County Board of Commissioners • Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County for a rumber of years has contracted for all pathology services in the office of the Medical Examiner; and and and 3D5 Commissioners Minutes Continued. August 30, 1990 WHEREAS the Chief Medical Examiner performs a critical service for the protection of the public and as an aide to the law enforcement community and is assisted in this work by a number of medical examiner investigators, lab and morgue assistants and clerical staff; and WHEREAS accountability for the overall conduct of the office can be clarified and strengthened if the Chief Medical Examiner functions as an employee rather than on a contractual basis; and WHEREAS this will involve devoting some time on the part of the proposed position to administrative duties and increase the need for part-time on-call pathologist autopsy assistance; and . WHEREAS it is proposed that the position also perform additional duties as Medical Care Facility laboratory director; NOW THEREFORE BE IT RESOLVED that the classification of Chief Forensic Pathologist be created at an annual flat salary rate of $11C,000 (no overtime) and that one (1) governmental position of Chief Forensic Pathologist be established in the Medical Examiner Division (169) of the Institutional and Human Services Department. BE IT FURTHER RESOLVED that an annual payment rate of $2,500 be established and paid to the chief Forensic Pathologist for serving in the additional capacity of Medical Care Facility laboratory director. BE IT FURTHER RESOLVED that the line item Medical Services-Autopsies be adjusted to provide for the elimination of Chief Medical Examiner contractual funding, the continuation of funding for a full time Deputy Medical Examiner on a contractual basis and to provide for an increase in annual funding for part-time contractual pathologist autopsy assistance from the current $5,033 to $20,000. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Report (Misc. 90189) By Personnel Committee IN RE: Department of Institutional and Human Services/Medical Care Facility - CREATION OF CASE MANAGEMENT COORDINATOR POSITION AND DELETION OF ADMITTING AND SOCIAL SERVICES CLERK POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandra, Chairperson Misc, 90189 By General Government Committee IN RE: Department of Institutional and Human Services/Medical Care Facility - CREATION OF CASE MANAGEMENT COORDINATOR POSITION AND DELETION or ADMITTING AND SOCIAL SERVICES CLERK POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS current federal regulation require that the Medical Care Facility's social work staff provide medically related social service needs to its residents by either obtaining social• services from an outside source or directly; and WHEREAS the social work staff are to maintain or improve each resident's ability to control everyday physical, mental, and psychosocfal needs; and WHEREAS to comply with the federal regulations, the Medical Care Facility hired a part-time non-eligible licensed social worker; and WHEREAS effective October, 1990, new federal regulations will take effect that require "a facility with more than 120 beds to employ a full-time qualified social worker"; and WHEREAS to comply with these new federal regulations, the Medical Care Facility is requesting to create a Case Management Coordinator position to perform the social services duties required and to delete an existing Admitting and Social Services Clerk position in the Adminisitration unit. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of one (1) governmental Case Management Coordinator position in the Administration unit of the Medical Care Facility division (16301). BE IT FURTHER RESOLVED that one (1) governmental Admitting and Social Services Clerk position (16301-03010) in the Administration unit of the Medical Care Facility be deleted. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the Commissioners Minutes Continued. August 30, 1990 306 foregoing resolution GENERAL GOVERNMENT COMMITTEE Richard C. Skarritt, Chairperson Fiscal Note (Misc. 90189) By Finance Committee IN RE: - Department of Institutiona -. and Human Services/Medical Care Facility - CREATION OF CASE MANAGEMENT COORDINATOR POSITION AND DELETION OF ADMITTING AN SOCIAL SERVICES CLERK POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI -a of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90189 and finds: 1. In order to comply with new federal regulations effective October 1, 1990, the Medical Care Facility requests and the Personnel Committee recommends the creation of one (1) full-time Case Management Coordinator position be created in the Medical Care Facility's Administration Unit. 2. A portion of the cost for this additional position will be offset by the deletion of one (1) Admitting and Social Services Clerk position in the same unit. 3. The net cost increase for the remainder of 1990 equals $3,116, the 1991 cost increase is $10 1 581. 4. Funds are available in the 1990 and 1991 Contingency Account to cover the cost increase brought about by this new federal regulation, the following amendments to the 1990/1991 Biennial Budget are recommended: 4-10100-909-01-00-9900 4-52100-163-01-00-1001 4-52100-163-01-00-1090 4-52100-1 63-01 -00-2070 4-52100-163-01 -00-2090 4-52100-163-01-00-2090 Contingency Salaries Salary Adjustment Fringe Benefits Fringe benefit Adjustment Fringe Benefit Adjustment 1990 $(17T6) 2,193 -0- $ -07 1991 $(10,5B1) 7,143 321 3,022 95 $ -Or FINANCE COMMIFEE G. William Caddell, Chairperson - Moved by Skarritt supported by Jensen the resolution be adopted. AYES: Luxon, McConnell, McCulloeh, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferreas, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, 5, Kuhn, Law. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90206 • By General Government Committee IN RE: SUPPORT NB 5890 WITH AMENDMENTS - TIRE BURNING RESOURCE RECOVERY FACILITY To the Oakland County Board of Commissioners - Mr. Chairperson, Ladies and Gentlemen: - - WHEREAS Federal Law requires that utility companies purchase electricity from certain resource recovery facilities (RRF .$) at prices or rates that reflect the utilities own fixed and variable costs; and WHEREAS the purchase price for such electrictty varies greatly depending upon the utility company's need for additional generating capacity; and WHEREAS some Michigan ut-rity companies have excess generating capacity at this time and as a consequence, would not be required to include fixed or "avoided capacity" costs in their purchase price computations; and WHEREAS PA2, 1989 cf the public acts of the state of Michigan, in recognition of this fact, requteed utility companies, with more than 500,000 customers, to purchase up to 120 megawatts of capacity from Mrs which process qualified solid waste, at least 50.1% of which was generated in the utility's service area; and WHEREAS PA2 further states that tne Public Service Commission may assume that a Michigan Utility Company needs capacity and include "avoided capacity" costs in the computed purchase price of electricity supplied by RRF's; and WHEREAS HB 5890 would mandate that Michigan uti1ity companys purchase power from tire burning RRFs, regardless of the source of such tires: and WHEREAS such facilities would use a portion of the available 120 megawatts of capacity and would effectively result in Michigan consumers and taxpayers suosidizing disposal of tires from out of state, due to the premium electricity rates or "avoided capacity" cost payments required by PA2; and WHEREAS this situation can be remedied by capping the amount of Electric Generating Capacity from tire burning facilities, on which the "avoided capacity cost portion of the electricity purchase price would apply, to 20 megawatts statewide and by assuring that fees charged 307 Commissioners Minutes Continued. August 30. 1990 to Michigan haulers do not exceed the fees charged to out-of-state haulers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners support Ii1151390, providing the following amendments are adopted; page 2, line 11 .... landfill gas or BEIS 95% OF ITS TOTAL ANNUAL FUEL... Page 3, line 11 .... CHARGED A RATE NBT GREATER THAN THE LESSER OF THE AMOUNT PAID BY AN OUT-OF-STATE SCRAP TIRE PROCESSOR OR SCRAP TIRE HAULER OR AN AMOUNT EQUAL TO.... Page 3, line 1% ... commercial operation. FURTHER THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO MORE THAN THE FIRST 20 MEGAWATTS OF TIRE-FUELED RESOURCE RECOVERY FACILITY CAPACITY IN THE STATE THAT HAS BEEN CONTRACTED AND ENTERED IN COMMERCIAL OPERATION. Excluding rate provisions... BE IT FURTHER RESOLVED that copies of this resolution be sent to all legislators from Oakland County and to the County's Legislative Agent. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Crake the resolution be adopted. • AYES: McConnell, McCulloch, Moffitt, Oaks, Pappageorge-, Pernick, Price, Rewold, Skarritt, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Joheson, R. Kuhn, S. Kuhn, Law, Luxon. (221 NAYS: McPherson. (1) ABSTAIN: Olsen. (1) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90207 By General Government Committee IN RE: Aviation Division - 1990 CAPITAL IMPROVEMENT PROGRAM To the Oakland County board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the 1990 Capital Improvement Program contains $400,000.00 for improvements of Oakland County airports; and WHEREAS the Airport Committee has submitted a 1990 Capital Improvement Program for Oakland/Pontiac and Oakland/Troy airports in accordance with Airport Master Plans consisting of: Oakland/Pontiac Airport 1. Storm Drain Separator $ 650,000 2. Crash/Fire/Rescue Vehicle 400,000 3. Taxistreet/Service Road Paving and Fencing 50,000 4. Twenty-four (24) 1-Hangars and Site Work 700,000 S. Fuel Farm and Crane (CFR Building) 107,000 6. Equipment 40,000 7, Terminal Building Improvements 1 40,000 Oakland/Troy Airport 1. Drainage 20,000 2. Extend Safety Area and Taxiway 130,000 3. Road, Ramp and Taxiway Repair 54,929 TOTAL . $2,201,929 PROPOSED FUNDING Federal Aviation Administration Grants S 945,000 Michigan Aeronautics Commission Grants 65,000 . Sale of Former Maintenance-CFR Building 107,000 Airport Funds 684,929 1990 Capital Appropriations 400,000 TOTAL 52,201,929 WHEREAS the Federal Aviation Administration and Michigan Aeronautics Commission have approved and funded their portions of this program; and WHEREAS your committee has reviewed the 1490 Airport Capital Improvement Program; and WHEREAS these capital improvements are required for the safety and improvement of the airports and generate revenues to cover the cost of the operation and maintenance of the airport system; and WHEREAS these capital improvements will be under construction during 1990. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the above referenced 1990 Capital Improvement Program. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution GENERAL GOVERNMENT COMMITTEE Richard G. Skarrite, Chairperson Commissioners Minutes Continued. August 30, 1990 308 Moved by Skarritt supported by Johnson the resolution be adopted. AYES: McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageoree, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell. (25) HS: None. (0) A sufficient majority having voted therefor, tne resolution was adopted. Misc. 90208 By Commissioners Craee and Pernick IN RE: SOLID WASTE ALTERNATIVES PROGRAM - 5150 MILLION GRANT FLNDS FOR SOLID WASTE ALTERNATIVES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Act 641 of 1978 requires that Michigan's counties prepare solid waste management plans and that these plans be updated from time-to-time; and WHEREAS responsible couneies recognize the need for cooperating with the Michigan Department of Natural Resources in moving forward, in a tieely fashion, well integrated plans that meet State goals and policies for a hierarch y . of municipal solid waste reduction strategies; and WHEREAS Michigan Department of Natural Resources Acministrative Rules have basieally foreclosed the opportunity for Solid waste Alternateves Program (SWAP) grant applications from residents, businesses, cities, villa ges and townships in counties that do not yet have Act 641 Solid Waste Plan Updates approved by the MDR Director; and WHEREAS many Counties have been struggling laboriously to develop solid waste plans that meet or exceed Michigan's solid waste volume reduction goals to insure future minimization Of landfilling as well as to achieve a responsible usage of vir g in resources; and WeEKEAS many of the Plan Updates have taken an inordinate amount of effort to produce a final product that goes beyond the minimum requirements outlined in the State goals and policies; and WHEREAS in Countiee that have adopted aggressive and far-sighted volume reduction goals, the need is greatest for grant funding to implement advanced programs that will ultimately benefit everyone in the State ; and WHEREAS Michigan Department of Natural Resources staff dedicated to the task of approving the Act 641 Plan Updates and reviewing and approving grant applications have a work load that drain resources needed to guarantee efficient, timely and equitable processing of the submitted documents; and WHEREAS present Administrative Rules for the SWAP grant applications have essentially worked to the disadvantage of many Counties that have taken the time to develop responsible .future solid waste goals and programs in their plan; and WHEREAS the present rules and policies are counter productive towards allowing achievement of the State's geals and volume reduction hierarchy. NOW THEREFORE BE IT RESOLVED that the Board of Comeissioners requests that the Governor and Legislature intervene in the grant application process to enable all of Michigan's Counties that have Act 641 Plan Updates which are both approved at the Board of Commissioners level and that contain volume reduction goals and strategies that meet or exceed the State's goals, to apply for the available grant monies in the current funding cycle; an BE if FURTHER REsounD that in leetion to rue eligibility being extended to Camties with Pct. 641 Plan Updates approved by their Count y Board of Commissioners and which demonstrate volume retuctien goals and strategies meeting or exceeding the State's goals, that the grant application deadlines be extended (after notification of the recommended rule changes) so that ever yone in eli g ible Counties is dul y afforded the opportunity to submit proper grant applications and then be e quitably considered ; and BE IT FINALLY RESOLVED that copies of this resolution be forwarded to the Governor, Michigan's Legislature, SEMCOG, Michigan Association of Counties, Michigan Township Association, Michigan Municipal League and to all Oakland County units of government. Mr. Chairperson, we move the adoption of the foregoing resolution. Larry Crake, Commissioner Dist. #5 Lawrence Pernick, Commissioner Dist. #20 Moved by Crake supported b y Jonneon the rules be suspended for immediate consideration of the resolution. A sufficient majority having voted therefor, the motioe to suspend the rules carried. Moved by Crake supported by Pei-nick the resolution be adopted. 309 Commissioners Minutes Continued. August 30, 1990 Moved by Moffitt supported by Olsen a unanimous ballot be cast for the resolution. A sufficient majority having voted therefor, the resolution was unanimously adopted. Moved by Gosling supported by Ceake the Board of Commissioners go into Executive Session for the purpose of discussion of pending litigation regarding "charterTownship of Orion vs Oakland County Board of Commissioners and Solid Waste Planning Committee.' AYES: Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skerritt, Wolf, Aaron, Caddell, Cheeter, Crake, Ferrens,.Gosling,..Huntoon, Jensen, Johnson, R. Xuhn e S. Kuhn, Law, Luxon, McConnell, McCulloch. (23) - NAYS: McPherson. (1) A sufficient majority having voted therefor, the Board adjourned at 11:10 A.M. to go into "Executive Session". The Board reconvened in "open session" at 12:40 P.M. Chairperson Roy Rewold called the meeting to order. Quorum present. Moved by Ferrens supported by Aaron to proceed with the agenda. A sufficient majority having voted therefor, the motion carried. Misc. 90209 By Commissioners McPherson and Chester IN RE: Solid Waste - URGE ELECTED OFFICIALS OF SOCRRA'S MEMBER COMUNITIES TO ACTIVELY PARTICIPATE IN ALL DECISIONS BY SOCRRA REGARDING THE PROPOSED INCINERATOR AND URGE SOCRRA TO CONSIDER ALTERNATE SITES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the South-. Oakland County Resource Recovery Authority (SOCRRA) continues to pursue the construction of a new waste incinerator at the site of its old waste incinerator in Madison Heights; and WHEREAS the permit for said new waste incinerator is currently pending before the Michigan Air Pollution Control Commission (APCC); and WHEREAS during their meeting on July 31, 1990, various members of the APCC publicly stated their concerns and thereafter unanimously ruled, among other decisions, that SOCRRA must document the alternative sites they have considered; and WHEREAS SOCRRA has not actively considered other potential sites and has shown no intent to do so even after the APCC statement; and WHEREAS the elected officials of the SOCRRA member communities have not actively participated in SOCRRA meetings or deliberations; and WHEREAS the projected costs of the incinerator in its proposed location have grown substantially and will continue to do so; and WHEREAS based upon the APCC public comments it appears unLikely that the APCC will issue a permit for the incinerator at the Madison Heights' site; and WHEREAS the citizens, the Mayor and City Council of the City of Madison Heights are vehemently and steadfastly opposed to a new incinerator at this environmentally unacceptable location. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges all elected officials of SOCRRA's member communities to actively participate in all future decisions by SOCRRA regarding its proposed new incinerator and requests that said communities and SOCRRA thoroughly evaluate appropriate alternate sites. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the elected officials of each SOCRRA community and the Director of the Department of Natural Resources. Mr. Chairperson, we move the adoption of the foregoing resolution. Ruel E. McPhersen, Commissioner, Dist. #9 Mark W. Chester, Commissioner, Dist. #10 • The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. Misc. 90210 By Commissioners McPherson, Price and Aaron IN RE: STUDY THE FEASIBILITY OF A REAL WORK FOR REAL PAY PROGRAM FOR JAIL INMATES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS NACo has recognized anc encouraged community corrections and other alternative 310 Cowaissioners Minutes Continued. August 30, 1990 sentencing programs and recoenizes that real work for real pay can be a significant addition to the ' continuum of jail and prison alternatives; and WHEREAS on anyegiveneeay there are more than one million people inveluntarily confined in local jails, -stateeOrisons.and federal penitentiaries;: and WHEREAS a great majority of these inmates pass time in forced boredom while consuming enormous public resources; and WHEREAS a real work for real pay program in Oakland County may be a way of alleviating boredom while providing productive rehaeilitation for inmates; and WHEREAS Sheriff Nichols has expressed his apposition to a reel pay for real work program, citing the potential for increased costs; and WHEREAS while the Sheriff offers some valid concerns about increased coats of a real work for real pay program, it seems reasonable to study this concept further and evaluate whether whatever cost increases may be involved would be offset by the rehabilitation benefits of such a program. NOW THEREFORE BE IT RESOLVED that the Oakland Ccunty Board of Commissioners appoint an ad hoc committee, comprised of persons with jail maraeement and finance expertise, to study the feasibility of a real work for real pay program in Oakland Ceenty. Mr. Chairperson, I move the adoption of the foregoing resolution. Ruel E. McPherson, Commissioner Dist. #9 A. Madeline Luxon, James Ferrens, Hubert Price, Jr., Dennis M. Aaron The Chairperson referred the resolution to the Public Services Committee, Community Corrections Advisory Board and the Seneral Government Committee. There were no objections. Misc. 90211 By Commissioners Ferrens and Price IN RE: AUTHORIZE COUNTY TO SUPPLEMENT PAY OF RESERVES CALLED TO ACTIVE MILITARY DUTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS thousands of reserves are being called to active duty as the Mideast Crisis intensifies; and WHEREAS persons activated for military service generally take a substantial pay cut and it appears that the Mideast Crisis may continue for many months; and WHEREAS it is likely tnat some of the people employed oy Oakland County will be ordered to active duty and be forced to take a consicerable pay redectior in the process; and WHEREAS those who are activated for military duty because of the Mideast Crisis face a potentially dangerous experience and should not have to bear the additional burden of taking a pay cut. NOW THEREFORE BL IT RESOLVED that the Oakland County Board of Commissioners authorizes the county to supplement the military pay of employees called to active duty so that they will receive total pay equal to county compensation before leaving for military duty for the duration of the Persian Gulf crisis. . Mr. Chairperson, I move the adoption of the foregoing resolution. James D. Ferrens, Commissioner Dist. 17 Hubert Price, Commissioner Dist. #8 John G. Pappegeorge, Ruel E. McFhersun, Roy Rewold The The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. Commissioner Jensen requested a Public Kearing on the EDC Detroiteeuntry Day School Project be set for 1000 A.M. en September 13, 1990. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: FINANCE a. Dept. of Treasury - Tr-County Convention Facilities Tax Revenues Distribution b. Huron-Clinton Metro Autnority 1990 Tax Levy . . . . GENERAL GOVERNMENT a. Road Commission - 1990 Tr-Party Program - Phase III b. Kalamazoo County - Support Four-Year Staggered Terms for County Commissioners PLANNING AND BUILDING a. Clinton River Cleanup Committee - Funding Request b. City of Madison Heights-Request that Elected Officials Participate in SOCRRA Decisions PUBLIC SERVICES a. Dept. of Social Services -Children's Village-Non-Compliance OTHERS Commissioners a. Thomas J. Bulger-Washington Report for the Week of July 30, 1990 The Chairperson stated the next regular Board Meeting will be September 13, 1990 at 9:30 A.M. The Board adjourned at 12:55 P.M. LYNN D. ALLEN ROY REWOLD Clerk Chairperson OAKLAND COUNTY Board Of Commissioners MEETING September 4, 1990 Special Meeting of the Boarc of Commissioners called to order by Chairperson Roy Rewold at .10:30 A.M. in the Commissioners Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bishop, Cadde"1, Chester, Crake, Ferrens, Gosling, Nuntcon, Jensen, Johnson, Richard Kuhn, Law, McConnell, McCulloch, McPherson, Mdffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (23) ABSENT: Aaron, Calandro, Susan Kuhn, Luxon. (4) Quorum present. Invocation given by Commissioner Caddell. Pledge of Allegiance to the Flag. Moved by Olsen supported by Chester the agenda be approved as printed. A sufficient majority having voted therefor, the agenda was approved. John King addressed the Board. Moved by Gosling supported by Pappageorp the Board of Commissioners go into Executive Session for the purpose of discussion of pending litigation. AYES: Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhr, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Papoageorge, Pernick, Price, RCWOld, Skarritt, Wolf. (23) NMS: None. (C) A sufficient majority having voted therefor, tne Roard adjourned to go into "Zxecutive Session".at.10:40 A.M. The Board reconvened in "open session" at 12:15 ?.M. Roll called. PRESENT: Caddell, Chester, Crake, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageurge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop'. (22) ABSENT: Aaron, Calandra, Ferrens, Susan Kuhn, Luxon. (5) Quorum present. Moved by Caddell supported by Crake that "the Board's Attorney, Mr. Hampton, be directed to proceed in accordance with direction established in the closed meeting, and the Board's Chairperson be authorized to appoint a committee to assist Counsel in further negotiations with Orion Township". A sufficient majority navins voted therefor, the motion carried. (McPherson voted Nay) 311 312 Commissioners Minutes Continued. September 4, 1990 The following are members of said committee appointed by Chairperson Rewold: County Executive, Daniel T. Murphy, Roger Smith, Jim Brennan and Commissioners Caddell (Chairperson of the Committee), Crake, Pernic4, Pappageorge and Rewold. There were no objections to the appointments. The Chairperson adjourned tne meeting at 12:20 P.M. LYNN D. ALLEN Clerk ROY RLWOLD Chairperson : r- 313 OAKLAND COUNTY Board Of Commissioners MEETING September 13, 1990 - Meeting called to order by Chairperson Roy Rewold at 9:51 A.M. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Chester, Crake, Ferrens. Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luzon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. {26) ABSENT .: Calandro. (1) Quorum present. Invocation given by Commissioner Susan Kuhn. Pledge of Allegiance to the Flag. Moved by Olsen supported by Pernick the rules be suspended and the agenda amended for the following Itemsalready on the Printed Agenda: - PLANNING AND BUILDING COMMITTEE: c. Solid Waste - Authorization of Treasurer to File Notice of Intent to Issue Bond Obligation (Waive Rule XI F - Direct Referral to Finance Committee) h. Solid Waste /Parks 8 Rec - Temporary Leaf Storage at Orion Oaks (Waive Rule XI F - Direct Referral to Finance Committee) PUBLIC SERVICES COMMITTEE c. Res. #90203, Sheriff's Dept. - Acceptance of 1990/91 Inmate Services Substance Abuse Coordinator Grant (Waive Rule XI.C. - Resolution was not included in the original referral to the Personnel Committee.) A sufficient majority having voted therefor, the motion to illspend the rules carried. Vote on Agenda, as amended: AYES: Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luzon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (24) NAYS: None. (0) A sufficient majority having voted therefor, the agenda, as amended, was approved. Marilyn Burton-Ristau addressed the Board. A commendation was presented to members of the Lake Orion 4-H Club for their "recycling project". County Service Awards were presented to Lawrence Pernick, (20 years); Hubert Price, Jr. (15 years); Dr. G. William Caddell (10 years); Eva Berousek, Anna Devers and Joyce Langdon (15 years each). A commendation was presented to members of the American Business Women's Association. 314 Commissioners Minutes Continued. September 13, 1990 The Chairperson made the following statement:. At this time a Public Hearing is now called on the Detroit Country Day School Economic Development Project. Notice of the Public Hearing was published in the Oakland Press. Are there any persons present that wish to speak on the Public Hearing?" No persons requested to speak and the Public Hearing was declared closed. Misc. 90212 By Finance Committee IN RE: Public Works/Facilities Engineering Division - AWARD OF CONTRACT FOR GROUNDS STORAGE POLE BARN To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution F90079 of Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for construction of a pole barn for storage of groundskeeping equipment; and WHEREAS in accordance with bidding procedures, bids for the installation of tee above mentioned were received and opened on August 23, 1990; and WHEREAS the County Executive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder, New Tech Development Company, be awarded a contract for construction in the amount of $37,800; and WHEREAS additional costs are estimated to be $14,200; and , WHEREAS the total cost of the above mentioned work is estimated to be $52,000 as detailed in the attached schedule; and WHEREAS funding for the above-mentioned project is available in the Revised 1990 Capital Improvement Program - Building Fund #40100. NOW THEREFORE BE IT RESOLVED as follows: 1) The Board of Commissioners authorl.zes the transfer of $52,000 from the 1990 Capital Improvement Program-Building Fund to the Project Work Order Fund to establish the Ground Storage Pale Barn project. 2) The contract proposal of New Tech Development Company of Owosso, Michigan in the amount of $37,800 be accepted and the contract awarded in concurrence with the Planning and Building Committee recommendations. 3) Funds be provided in the amount of $14,200 to cover the remaining project costs. 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with New Tech Development Company of Owosso. Michigan on behalf of the County of Oakland. 5) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the awardee of this award, in writing, no later than 10 days after adoption of this resolution. The award shall not be effective until the awardee has been notified. 6) An additional $2,000 will be transferred from the Building Fund to the Project Work Order Fund for demolition of the Perry Street building June, 1991. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Cadeelle Chairperson Report (Misc. 90212) 5y Planning and Building Committee To Finance Committee ee IN RE: Award of Contract for Grounds Storage Pole Barn Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the bids received for the above-referenced project, reports with the recommendation that the contract be awarded to New Tech Development Company of Owosso, Michigan, in the amount of $37,800.00; for a total project cost of $52,000.00. Mr. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Caddell supported by Pappageorge the Planning and Building Committee report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Pappageoree the resolution be adopted. Discussion followed. AYES: Bishop, Caddell, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn,S. Kuhn Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron. (23) NAYS: None. (0) Commissioners Minutes Continued. September 13, 1990 A sufficient majority having voted therefor, the resolution was adopted. Misc. 90213 By Finance Committee • IN RE: Public Works/Facilities Engineering Division - AWARD OF CONTRACT FOR MATERIALS MANAGEMEKT CENTER PARKING LOT RECONSTRUCTION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WhLREAS by Miscellaneous Resolution P90191 the Board of Commissioners authorized the County Executive's Facilities Engineering Division to receive bids for rebuilding of the southern portion of the parking lot which surrounds the Materials Management Center; and • WHEREAS in accordance with bidding procedures, bids for the installation of the above mentioned were received and opened on August 23, 1990; and WHEREAS the County Executives Department of Public Works has reviewed all gide submitted and recommends that the lowest responsible bidder, Asphalt Specialists, Inc., be awarded a contract for construction in the amount of $42,870; and WHEREAS additional costs are estimated to be S7,130; and WHEREAS the total cost of the above mentioned work is estimated to be $50,000 as detailed in the attached schedule; and WHEREAS funding for the above-mentioned project is available in the Revised 1990 Capital Improvement Program - Utilities Fund i40200, NOW THEREFORE BE IT RESOLYeD as follows: 1) The Board of Commissioner authorizes the transfer of 150,000 from the 1990 Capital Improvement Program-Utilities Fund to the Project Work Order Fund to establish the materials Management Center Parking Lot reconstruction project. . 2) The contract proposal of Asphalt Specialists, Inc., of Pontiac, Michigan in the amount of $42,870 be accepted and the contract awarded in concurrence with the Planning and Building Committee recommendations. 3) Funds be provided in the amount of $7,130 to cover the remaining project costs. 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with Asphalt Specialists, Inc., of Pontiac, Michigan on behalf of the County of Oakland. 5) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the awardee of this award, in writing no later than 10 days after adoption of this resolution. The award shall not be effective until the awardee has been notified. Mr. Chairperson, on behalf of the Finance Committee, : move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Report (Misc. 90213) By Planning and Building Committee To Finance Committee IN RE: Award of Contract - Materials Management Parking Lot Reconstruction Mr. Chairperson, Ladies and Gentlemen; The Planning and Building Committee, having reviewed the bids received for the above-referenced project, reports with the recommendation that the contract be awarded to Asphalt Specialists, Inc., of Pontiac, Michigan, in the amount of $42,870.00; for a total project cost of $50,000.00. ee Mr. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDINe COMMITTEE Moved by Caddell supported by Huntoon the Plenning and Building Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Huntoon the resolution be adopted. 'AYES: Caddell, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Aaron, Bishop. (22) WAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 315 1990 Budg_et $323,450 $323,450 $ -0- JI0 Commissioners Minutes Continued. September 13, 1990 Misc. 90214 By Finance Committee IN RE: Department of Management & BuCget/Equalization Division - MICHIGAN TAX TRIBUNAL CONSENT JUDGMENT BETWEEN GENERAL MOTORS CORPORATION AND ORION TOWNSHIP To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS General Motors Corporation (GM) has had on appeal the Orion Township appraised value of the BDC-Orion Assembly Plant with tne Michigan State Tax Tribunal for the period 1984 through 1990; and WHEREAS the valuation amount being contestee was in excess of $140 million thereby jeopardizing total cumulative tax revenue in excess of twenty-five million ($25,C00,000) dollars, of which $2.3 million would come from County General Fund: and WHEREAS the Michigan Tax Tribunal, on August 16, 1990, issued a Consent Judgment (MTT Docket No. 147340) reflecting a stipulated agreement between GM and Orion Township that results in a reduction in the appraised value amounting to approximately $22,500,000; and WHEREAS satisfaction of the consent judgment requires a payment from the County General Fund in the amount of $323,449.88 weioh was previously provided for by the establishment of a Designated Fund Balance for Tax Tribunal Appeals, NOW THEREFORE 3E IT RESOLVE; tnat the Oakland County Board of Commissioners authorizes the following budget amendments transferring $323,450 from the Ciesigeated Fund Balance for Tax Tribunal Appeals (Acct. '# 492-0351 to provide for the County's share of the Michigan Tax Tribunal Consent Judgment between General Motors Corporation and Orion Township. Increase Revenue: 3-10100-901-01-00 -9104 Tax Tribunal Appeals Increase Appropriations: 4-10100 -907-01-D0-3470 Local Tax Refund BE IT FURTHER RESOLVED that the Board authorizes payment of $323,449.88 to satisfy said consent judgment. Mr. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE . G. William Caddell, Chairperson Moved by Caddell supported by Richard Kuhn the resolution be adopted. AYES: Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Caks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell. (25) NAYS: None. (G) A sufficient majority having votec therefor, the resolution was adopted. Misc. 90215 . By Finance Committee IN RE: Department of Management and Budget/Equalization Division - EQUALIZATION LEGAL FEES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland has been reeuested to participate in tne cost of defending the 1985 through 1990 assessments of the General Motors (GM) Orion Assembly Plant in the Charter Township of Orion; and WHEREAS the County of Oakland had the potential of losing approximately $2.3 million plus interest in taxes for the seven year period if the appeal was lost; and WHEREAS the Michigan Tax Tribunal issued a consent judgment reflecting a stipulated agreement between GM and Orion Township that results in a General Fund cost of $323,450. WHEREAS the Charter Township of Orion has incurred the cost for these appeals at $317,574.50 as of February 23, 1990, of which Oakland County's share would not exceed 9.70% of the total cost or $30,805; and WHEREAS the County has traditionally snared the cost of attorney fees relative to the proportionate share of tax revenue jeopardized by the subject appeal_ NOW THEREFORE BE IT RESOLVED that the County of Oakland does hereby agree to participate with the Charter Township of Orion in sharing these incurred costs in connection with the aforementioned property tax appeals before the Michigan Tax Tribunal. BE IT FURTHER RESOLVED that the Soard of Commissioners appropriates $30 0 805 from the Tax Tribunal Account, and transfers this amount to the 1990 Equalization Division Budget as specified below for the County's share of this appeal: September 13, 1990 317 Commissioners Minutes Continued. $30,805 30,605 $ -0- , - Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caedell, Chairperson Moved by Caddell supported by Susan Kuhn the resolution be adopted. AYES: Crake, Gosling, Huntoon, Jensen, Johnson. R. <uhn, S. Kuhn, Law, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Papageorge, Pernick, Price, Rewold. Skarritt, Wolf, Aaron, Bishop, Caddell, Chester. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90216 By Finance Committee IN RE: Community Development Division - 1990-1991 BUDGET AMENDMENT To the Oakland County Board of Comwissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #90100 accepted the 1990-1991 U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) in the amount of $3,483,000 in addition to $641,507 in County Program Earned Income, and $3,210 in Community Program Earned Income, for a total program amount of $4,127,717, with no budget amenonent; ard WHEREAS the Oakland County Board of Commissioners approved the acceptance of the 1990-1991 Rental Rehabilitation Program (RR?) award in the amount of $125,000 per Miscellaneous Resolution #90101, with no budget amendment; and WHEREAS the 1990-1991 Emergency Shelter Grant (ESG) was accepted in the amount of $83,000 per Miscellaneous Resolution #90070, with no budget amendment; and WHEREAS it was resolved in Miscellaneous Resolution #90100 that the 1990-1991 Budget would be amended in August 1990 to reflect a more accurate detail of actual balances and allocations in compliance with the Grantee Performance Report prepared by the Community Development Division each year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners amend the 1950-1991 Community Development Division Budget to reflect the revisions as detailed in Schedule A. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson. Moved by Caddell supported by Bishop the resolution be adopted. AYES: Gosling, Huntopn, Jensen, Johnson, R. Kuhn, S. Kuhn. Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Daks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90217 By Finance Committee IN RE: Department of Institutional and Human Services/Health Division - 1989-1990 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) ACCEPTANCE TO the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Health Division applied to the Michigan Department of Public Health (MOPH) for Comprehensive Planning, Budgeting and Contracting (CPBC) funding in the amount of $5,039,596 of which $2,529,400 is 100% funded categorical grants and 52,510,196 is cost sharing reimbursement; and WHEREAS the MDPH has awarded a CPC contract for the period October 1, 1989 through September 30, 1990 in the amount of $5,039,596 which is the same amount as the application; and WHEREAS the County is currently in dispute with a State Department of Treasury interpretation that mould reduce estimated cost-sharing by approximately $140,000 below the aoplication amount, due to the inclusion of cigarette tax funds in the cost -sharing formula; and . WHEREAS passage of this agreement will not prevent the County from challenging the Department of Treasury interpretation and from receiving the full applied for amount of cost sharing should the dispute be resolved in the County's favor; and 3-10100-901-01-00-9104 Tax Tribunal Appeals 4-10100-125-01-00-3456 Equalization Legal Fees 1 318 Commissioners Minutes Continued. September 13, 1990 WHEREAS amendments to the 1990 Budget are recommended decreasing grant revenues and expenses by $247,919; due to the current dispute no amendments are recommended to the cost sharing estimate; and WHEREAS the contract has been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel; and WHEREAS acceptance of the contract award does not obl -igte the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the 1989/1990 CPBC contract award, and that the Chairperson of the Board is authorized to execute said contract agreement and to approve minor changes and contract extensions rot to exceed fifteen (15) percent variance from the original contract. BE IT FURTHER RESOLVED that amendments to the 199D Budget be made, as detailed in Schedule B. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William CaddeU, Chairperson Copy of Schedule 0 on file in County Clerk's Office. Moved by Caddell supported by ,3eesen the resolution be adoptec. AYES: Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageoroe, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Gosling. {25) NAYS: None. (01 A sufficient majority having voted therefor, the resolution was adopted. Misc. 90196 By Personnel Committee IN RE: Safety Division - '1990-1951 COLACTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTE0 BY FRATERNAL ORDER OF POLICE To the Oakland County Board of Commissioners Mr. Cnairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Labor Council, Fraternal Orcer of Police, have been negotiating a 1990-1991 Collective Bargaining Agreement covering Building Safety attendants in the Safety Division of the Central Services Department; and WHEREAS an agreement has been reached with these employeess for the period December 30, 1989 through December 31, 1991 and said agreement has been reduced to writing; and NOW THEREFORE BE IT RESOLVED that the attached Agreement between the County of Oakland and the Fraternal Order of Police be and the same are hereby approved and that the Chairperson of this Board, on behalf of the County of Oakland, be and is hereby authorized to execute said agreement, a copy of which is attached hereto. Mr. Chairperson, on behalf of tne Personnel Committee. I move the adoption of the foregoing report. PERSONNEL COMMITTEE john P. Calandro, Chairperson Copy of Collective Bargaining Agreement on file in Coxity Clerk's Office. Fiscal Note (Misc. 90196) By Finance Committee IN RE: Safety Division - 1990-1991 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY FRATERNAL ORDER OF POLICE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Commiotee has reviewed Miscellaneuus Resolution #90196 and finds: 1) The Personnel Committee recommends approval of the agreement for a new wage structure with the Fraternal Order of Police-Safety Division Union covering 24 employees for the period January 1, 1990 to December 31, 1991. 2) The 199D cost of this agreement equals $21,365; of weica $21,099 is salary increase and $6,266 is fringe benefit increase as detailed on the attached Schedule I. 3) The 1991 cost of this agreement equals $29,063, of white $22,408 is salary increase and $6,655 is fringe benefit increase as detailec on Schedule II. 4) Funds for the increase in salary and fringe benefits have been included in the 1990-1991 Biennial Budget, therefore no transfer of funds is requested. 5) Miscellaneous Resolution W89343 approved the 1989 Wage Re-Opener and the transference of funds to the 19B9 Safety Division bucget in the amount of $44,790, of which $34,721 is salary increase and $10,069 is fringe benefit increase as detailed on 5cnedule III. Commissioners Minutes Continued. September 13, 1990 319 . 6) However, retropayment for salaries and fringe benefits was not paid until January 1590 and these funds were not carried forward into the 1990 Safety Division budget. 7) Funds are to be transferred from the 1990 Special Contingency to cover the settlement. The following budget amendments are recommended: 4-10100-901-01-00-9912 Special Contingency 4-10100-132-02-00-1001 Salaries 4-10100-132-02-00-2070 Fringes Moved by Law supported by Oaks the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Law supportee by Oaks the resolution be adopted. AYES: Jensen, Johnsor, R. Kuhn, S. Kuhn, Law, Luzon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, bishop, Chester, Crake, Gosling, Hurtoon. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REPORT By Personnel Committee IN RE: APPOINTMENTS TO THE JOB EVALUATION REVIEW PANEL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee recommends the following members of the Board of Cpmmissioners be appointed to the Job Evaluation Review Panel for the term ending June 30, 1991: - - Marilynn E. Gosling and John G. Pappageorge, with Mark W. Chester and Lillian Jaffe Oaks as alternates. The balance of the Panel consists of the Chief Circuit Judge appointee Judith Cunningham; one County Executive appointee - Robert Chisholm; and one other elected officials' appointee-Douglas Williams. Mr. Chairperson, on behalf of the Personnel Ccmmittee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Moved by Law supported by Moffitt the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Law supported by Moffitt the appointments be confirmed-4nd a unanimous ballot be cast. The motion carried, and the appointments were unanimously approved. Misc. 90218 • By Planning and Buildine Committee IN RE: Cororation Counsel - Real Estate Section - EXCHANGE OF COUNTY PROPERTY IN THE CITY OF SOUTHFIELD (Lot 22, Lockemans Sue) WITH THE CITY tie= SOUTHFIELD (Local Development Finance Authority), W 25.0 ft, Lot 27, all of 28 and E 20.0 ft cf eat 29, Lockeman's Sub. To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oaklend owns lanc in the City of Southfield located on Eight Mile Road and Murwood Street with a common address of 22430 W. B Mile Road, Southfield, Miphigan; and WHEREAS said property is described as Lots 22, 23, 24, 25, 26 and the E 1/2 of Lot 27 of Lockemans Subdivision being part of the S 1/2 of Section 33 in the-City of Southfield according to the Plat as recorded in Liber 22 of Plats, Page 12, of Oakland County Records. WHEREAS said property is used by the Department of Public Works - Water and Sewer Operations Division for water maintenance and sewage pumping station and facilities; and WHEREAS the City cf Southfield, through its Local Development Finance Authority, is proposing a property trade Rot 22 of Leckeman Sub) with the County of Oakland at the 8 Mile Road property; and WHEREAS said property that the City of Southfield Local 3evelopment Finance Authority owns and is proposing to trade is described as the West 25.0 ft of Lot 27, all of Lot 28, and the east $(44,790) 34,721 10,069 $ -0- FINANCE COMMITTEE G. William Caddell, Chairperson 320 Commissioners Minutes Continued. September 13, 1990 20.0 ft of Lot 29 of Lockeman's Sub., being a subdivision in part of the S 1/2 of Section 33 in the City of Southfield according to the Plat as recorded in Liber 22 of Plats, Page 12 of Oakland County Records, and also the North 130:82 feet of vacated Murwood Street; and WHEREAS with the exchange of properties, the City of Southfield Local Development Finance Authority would use this land for development of an industrial park; and WHEREAS the exchange of properties with the City of Southfield Local Development Finance Authority would benefit the County of Oakland, increasing the size of its property; and WHEREAS James Porter, P.E., Manager of Water and Sewage Operation Division of the Department of Public Works recommends the trade of property with the City of Southfield Local Development Finance Authority; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the exchange of County owned property (Lot 22, Lockemans Sub) with the City of Southfield Local Development Finance Authority ( 25.0 ft of Lot 27, all Lot 28 and E 20.0 ft of Lot 29, Lockeman's Sub). BE IT FURTHER RESOLVED that the Oakland County Beard of Commissioners directs its Chairperson to execute the necessary documents to effect the same. Mr. Chairperson, on behalf of the Planning and Building Committee, 1 move the adoption of the foregoing resolution, PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Jensen the resolution be acoeted. AYES: Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge. Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Gosling, Huntoon, Jensen, . (24; NAYS: None. (0) A sufficient majority baying voted therefor, the resoluticn was adopted. Misc. 90219 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section - Parks & Recreation - PURCHASE OF PROPERTY ADJACENT TO GRUELAND OAKS PARKS, GROVELAND TOWNSHIP, Tax SidwelI No, 02-19-402 -001 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Cetroit Edison Company owns property adjacent to County owned property in the Township of Groveland at Groveland Oaks Park; and WHEREAS the Detroit Edison Company has excess property and has offered to sell 1.087 acres of land in Groveland Township to the County of Oakland through its Parks and Recreation Commission; and WHEREAS the Oakland County Parks and Recreation Commission requested the assistance of Corporation Counsel in purchasing 1.057 acres of lane which is being offered by Detroit Edison Company; and WHEREAS an appraisal of the subject property was made by Fuller Appraisal Services; and WHEREAS Detroit Edison Company, through its corporation Real Estate Division (Syndeco Realty), has offered to sell this 1.087 acres to the County of-Oakland for $6,000 based on their appraisal; and WHEREAS the appraisal which was completed by Fuller Appraisal Services established a fair market value of $6,500; and eo WHEREAS the Oakland County Parks and Recreation Commission recOmmends the purchase of this property (Tax Sidwell No. 02-197402-001) with monies allocated from the Parks and Recreation Commission Land Acquisition Fund. NOW TFEREFORE BE IT RESOLVE° that the Oakland Oounty Board cf Commissioners authorize the purchase of 1.087 acres of land in Graveland Township from the Detroit Edison Company adjacent to Groveland Oaks Parks for $6,000, Tax Siewell No. 02-19-402-001, for use by the Oakland. County Parks and Recreation Commission. Mr. Chairperson, on behalf of the Planning and Building Committee. I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90220 By Planning and Building Committee IN RE: Oakland County Department of Solid Waste Management - AUTHORIZATION OF COUNTY TREASURER 70 FILE A NOTICE OF INTENT TO ISSUE AN OBLIGAT:ON To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Oakland County is involved in development of the Oakland County Solid Waste 1 321 Commissioners Minutes Continued. September 13, 1990 Management System pursuant to Act 186 of the Michigan Public Acts of 1989; and WHEREAS the County intends to finance the acquisition, construction and equipping of solid waste disposal facilities, including but not limited to a recycling facility, a waste-to-energy facility, composting facility, and capacity in one or more sanitary landfills through the sale of limited tax general obligation bonds; to be covered by system revenues including tipping fees; and WHEREAS pursuant to Public Act 202 of the Michigan Public Acts of 1943 requires the filing of a Notice of Intent to Issue an Obligation with the Michigan Department of Treasury; and WHEREAS the cost of the aforementioned filing is $400.00. • NOW THEREFORE BE IT RESOLVED that the County Treasurer be authorized to file with the Michigan Department of Treasury a NOTICE OF INTENT TO ISSUE AN aBLIGATION in connection with the limited tax general obligation bonds to be issued by the County of Oakland in the principal amount of not to exceed $500,000,200 to acquire, construct and equip solid waste disposal system facilities, including, but not limited to, a recycling facility, a composting facility, a waste-to- energy facility and capacity in one or more sanitary landfills, and to pay, upon the filing of said notice, the filing fee of $400.00. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson • Fiscal Note (Mioo. 90220) By Finance Committee IN RE: Department of Solid Waste Management - AUTHORIZATION OF COUNTY TREASURER TO FILE A NOTICE CF INTENT TO ISSUE AN OBLIGATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed the aforeramed resolution and finds: 1) The resolution authorizes the County Treasurer to file a Notice of Intent to issue an Obligation with the Michigan Department of Treasury, in an amount not to exceed $500,000,000, issued. • for the Oakland County Solid Waste Management System, 2) Consistent with miscellaneous Resolution #90123, the bonds when authorized by this Board to be issued, are to be limitec tax general obligation, to be repaid by revenues received by the Oakland County Solid Waste Management System. 2) The statutory limit for county debt is $2,576,598.537 CIO of the 1990 State Equalized Value of Oakland County). As of July 31, 1990, the outstanding county debt is $339,724,001 or 1.3% of the 1990 State Equalized Value. 4) The cost to file the Notice of Intent to Issue an Obligation is $400 and is available in the Department of Solid Waste Management Professional Services line-item (4-83300-101-01-00-3128) FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Moffitt the resolution be adopted. AYES: R. Kuhn, S. Kunn, Luxon, McConnell, Moffitt, Oaks-, Pappageoroe, Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Caddell, Crake, Huntoon, Johnson. (17) NAYS: Law, McPherson, Olsen, Gosling, Jensen. {,5) ABSTAIN: Wolf, (1) A sufficient majority having voted therefor, the resolution was adopted. . The Chairperson vacated tne Chair. Vice Chairperson Nancy McConnell took the Chair. Misc. 90221 By Planning and Building Committee IN RE: ESTABLISHMENT OF OAKLAND COUNTY SOLID WASTE MANAGEMENT SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Act 186 of the Michigan Public Acts of 1989 (mAct 166"), the Board of Commissioners.of the County of Oakland (the "County"), by resolution adopted onalune 14, 1990, has established a Department of Solid Waste Management; anc WHEREAS a county that establishes a department of solid waste management is authorized under Act 186 to acquire, construct, operate and maintain a solid waste system, which is defined in Act 186 to include all plants, works, instrumentalities, properties, rights, processes and contracts used or useful in connection with the collection, transportation, recycling, processing, storing or disposing by treatment, incineration or otherwise, of solid waste, or as may be provided in a solid waste management plan or update of a solid waste management plan approved for a county pursuant to Act 641, Michigan Public Acts of 1978, as amended ("Act 641'); WHEREAS by separate resolutions adopted on June 28, 1990, the Board of Commissioners 322 Commissioners Minutes Continued. September 13, 1990 approved (i) the update of the Oakland County Solid Waste Management Plan (as amended or updated from time to time pursuant to Act 641, the "Act 641 Plan") and (ii) a form of Intergovernmental Agreement for Solid Waste Processing and Disposal Services (the "IGA") between the County and participating local units of government in the County, which IGA contemplates the establishment by the County of a solid waste system for the purpose of acquiring and providing processing and disposal facilities and services for the processing and disposal of certain solid wastes and recyclable materials for the benefit of, and to protect the public health and welfare of the people of, such local units of government; and WHEREAS the proposed solid waste system will consist of a combination of mass burn energy generating incinerators (4WTE's"), recycling facilities, composting facilities, sanitary landfills and possibly transfer stations, which shall be owned by the County and operated by the County or by private vendors pursuant to operating contracts with tne County or which shall be made available to the County by contract or lease; and WHEREAS the construction, financing, operation and maintenance of the solid waste system facilities to serve participating local units of government will protect the public health and welfare of citizens of the County cf Oakland. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: • 1. The Board of Commissioners of the County of Oakland, by a majority vote of its members elect, hereby authorizes and directs that there be established, maintained and operated under the provisions of Act 186 and any other applicable acts, a solid waste system for the processing and disposing of recyclable materials ant solid waste for the benefit of participating local units of government in the County that elect to sign the IGA, said system to consist of all rights, processes, contracts, equipment, sanitary landfills, transfer stations, recycling facilities, composting facilities and any WTE's that are acquired, constructed or operated, or are to be acquired, constructed or operated, by or on behalf of, or available by contract or lease with, the County in accordance with the Act 641 Plan. 2. The Solid Waste System shall be known as the "Oakland County Solid Waste Management System." 3. All resolutions and parts of resolutions insofar as the same may be in conflict herewith are hereby rescinded. • Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Moved by Olsen supported by Rewold the resolution be amended in the NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS paragraph, under #I. - the middle of the paragraph - after"solid waste for the benefit of participating local units of government -in the County" add "providing a sufficient number of local units of government", elect to sign the IGA AYES: Law, McConnell, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn. (21) NAYS: McPherson. (1) A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: McConnell, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skdrritt, Wolf, Aaron, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law. (21) NAYS: McPherson. (1) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90222 By Planning and Building Committee IN RE: DRAIN COMMISSIONER - 1990 DRAIN MAINTENANCE ASSESSMENT REPORT To the Oakland County Board of Commissioners • Mr, Chairperson, Ladies and Gentlemen: WHEREAS the Planning anc Building Committee has reviewed the Drain Assessment Rolls, as prepared by the Drain Commissioner for the year 1990; and WHEREAS such Drain Assessment Rolls have been prepared and submitted in accordance with the provisions of Act No. 40 of the Public Acts of 1956. as amended; and WHEREAS the Planning and Building Committee concurs in the figures as established by the Drain Commissioner for maintenance assessments against the various drainage districts in the County, PLANNING AN3 BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported ey Pernick the resolution be adopted. Discussion followed. Commissioners Minutes Continued. September 13, 1990 323 a copy of which is attached hereto; and WHEREAS a summary of such Drain Assessment Rolls is as follows; Assessments At Large Against Municipalities - $ 8,178.86 Assessments Against Real Property 33,028.27 NOW THEREFORE BE IT RESOLVED by the Board of Ccmmissioners of the County of Oakland. State of Michigan, that there be assessed, levied and collected for the year 1990 for the purpose of maintaining, cleaning out, and deepening County Drains in Oakland County within and by the several political subdivisions, the aggregate amount of $41,207.13, which sum represents the total amount of the assessments for said year which are contained in the several Drain Assessment Rolls heretofore determined by the said OeKland County Drain Commissioner. Mr. Chairperson, on behalf of the Planning and Building Committee, 1 move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson The Vice Chairperson stated by statute the resolution shall lay over for 30 days. Misc. 90223 By Planning and Building Committee IN RE: Drain Commissioner - 1590 LAKE LEVEL ASSESSMENT REPORT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Planning and Building Committee has reviewed the Lake Level Assessment Rolls, as prepared by the Drain Commissioner for the year 1990; and WHEREAS such Lake Level Assessment Rolls have eeee prepared and submitted in accordance with the provisions of Act No. 146 of the Public Acts of 1961, as amended; and WHEREAS the Planning and Bending Committee concurs in the figures as established by the Drain Comnissioeer for the variooes lake level districts in the County, a copy of which is attached hereto; and WHEREAS a summary of such Lake Level Assessment Rolls is as follows: Assessments At Large Against Municipalities - $ 5,531.04 Assessments Agaiest Real Property 271,198.18 NOW THEREFORE BE IT RESOLVED by the Board of Comissianrs of the County of Oakland, State of Michigan, that there be assessed, levied and collected for the year 1990 for the purpose of establishing and maintaining the normal height and level of various lakes in Oakland County within and by the several political subdivisions, the aggregate amount of $276,729.22, which sum represents the total amount of the assessments for said year which are contained in the several Lake Level Assessment Rolls heretofore determined by the said Oakland County Drain Commissioner. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution, PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson The Vice Chairperson stated by statute the resolution shall lay over for 30 days. Misc. 90224 By Planning and Building Committee IN RE: Economic .Development Division - RESOLUTION APPROVING PROJECT PLAN (DETROIT COUNTRY DAY SCHOOL PROJECT) VILLAGE OF BEVERLY HILLS To the Oakland County Board of Commissioners ee Mr. Chairperson, Ladies and Gentlemen: WHEREAS The Economic Development Corporation of the County of Oakland the "EDC") has recommended that this. Board uf Commissioners approve the Project Plan required by the Economic Development Corooratioris Act, 'Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") for the I/eerie -it Country Day School Project, a copy of which Project Plan is attached hereto as Exhibit A (the "Project Plan"); and WHEREAS the EDC's reccmmenaation to this Board of Commissioners was based upon its determination that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan prepared in connection with the Project satisfies all of the requirements of Section 8 of the Act regarding project plans, that the persons who will be active in the management of the project for at least one (1) year after the Projected date of the County Board of Commissioners approval of the Project Plan will have sufficient ability and experience to manage the Plan properly, and that the proposed method of financing the Project is feasible and a bond purchaser's commitment has been obtained; and WHEREAS on August 20, 1990, the governing body of the Village of Beverly Hills, Oakland County, Michigan, also approved the Project Plan; and WHEREAS On September 13, 1590, this Board of Commissioners held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Plan; and WHEREAS this Board of Commissioners, following such public hearing end its review of the Project Plan, concurs in the determinations of the EDC with respect thereto; 324 Commissioners Minutes Continued. September 13, 1990 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: 1. The Project Plan, in the form attached hereto as Exhibit A, is hereby determined to constitute a public purpose as contemplated by the Act. • 2. The Project Plan is hereby approved. 3. The CDC is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of revenue bonds or notes. 4. The County Clerk is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. The Planning and Building Committee, by Larry Crake, Chairperson, moves for adoption of the foregoing resolution. PLANNING AND BUILDINE COMMITTEE • Larry P. Crake, Chairperson Copy of Attachments to the Resolution on file in County Clerk's Office, Moved by Crake supported•by Jensen the resolution be adopted. AYES: McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Zrake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, law, McConnell, McCulloch. (22) NAYS: None, (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90225 By Planning and Building Committee IN RE: Solid Waste/Parks an Recreation - TEMPORARY LEAF STCRAGE AT ORION OAKS To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS delay in implementation of the County's Solid Waste 'Program has left a number of municipalities with no place to deposit their fall leaf collections; and WHEREAS the Oakland County Parks & Recreation Commission, at its meeting of September 5, 1990, has agreed to allow the storage of these municipal leaf collections which will be deposited at Orion Oaks between October 1, 1990 and Cecember 8, 1990; and . WHEREAS such stored leaves will be removed from Orion Oaks during the Fall of 1991 and all site improvements necessary to accommodate this storage will be the responsibility of the Department of Solid Waste. NOW THEREFORE BE IT RESME0 that the Oakland County Board of Commissioners does hereby •authorize the Chairperson of the Board of Commissioners to enter into an agreement with the Oakland . County Parks & Recreation Commission for the temporary storage of leaves at a cost not to exceed $52,750. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson , • Fiscal Note (Misc. 90225) • By Finance Committee IN RE: Department of Solid Waste Management - Parks & Recreation - TEMPORARY LEAF STORAGE AT ORION OAKS • • To the Oakland County Board of Commissioners • • Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed the aforenamed resolution and finds: 1) The leaf storage program is proposed for the Oakland County Orion Oaks Park; 2) The leaves would be accepted from October 1, 1990 through December 8, 1990 and would be transferred during the fall of 1991 to permanent compost operations; 3) The proposed Orion Oaks site requires certain improvement including an entrance road culvert, gravel entrance road, entrance gate, snow fencing. etc. at a cost not expected to exceed • $40,000; 4) The operational costs for staffing, dumpster rental and other miscellaneous costs are not expected to exceed $22,750; 5) The total maximum cost for the 1990 leaf storage program is $62,750 • 6) Funding in the amount of $62,750 is available in the Solid Waste Special Contingency and be advanced to the Department of Solid Waste Management as follows: Account Number Account Name Amount 4-10100-909-01-00-9912 Special Contingency ($62,750) • 4-10100-101-01-00-8330 Transfer to Solid Waste 62,750 • General Fund Total , -0 - , 62,750 62,750 -0- 325 Commissioners Minutes Continued. September 13, 1990 Revenue 3-83300-101-01-00-8101 Transfer from General Fund Expense 4-83300-101-01-00-3704 Special Projects Total Solid Waste Fund 7) The Department of Solid Waste is authorized to commit up to $25,000 and any additional expenditures up to $62,750, with the approval of the Planning and Building Committee; 0 This advance shaL ee recovered from the sale of system bonds for the Oakland County Solid Waste Management System. 9) The Department of Solid Waste Management shall collect $4.00 per cubic yard for all leaves deposited on the site. FINANCE COMMITTEE G. William Cacdell, .Chairperson Moved by Crake supportee by Caddell the resolution be adopted. AYES: Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Gosling, huntoon, Jeneen, Johnsen, R. Kuhn, Law, McConeell, McPherson. 121) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90204 By Public Services Committee IN RE: Sheriff's Department - REGIMENTED INMATE DISCIPLINE PROGRAM - AKA "BOOT CAMP" To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff is proposing a Regimented Inmate Discipline Program AKA "Boot Camp" concept; and ' WHEREAS the attached Document I details the concept as it relates to prisoner population, eligibility criteria, program environment and components and Document II contains a detailed hour-by-hour tentative schedule for inmates; ant WHEREAS the "Boot Camp" concept has the endorsement of the Sixth Judicial Circuit Court; WHEREAS Oakland County Circuit Court Probation Department has reviewed this proposal; and WHEREAS the first six week program will be experimental and permanent staffing will not be necesssary; and WHEREAS the Sheriff is proposing to staff this initial start-up program on an overtime basis at a cost not to exceed S17,640. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Sheriff to proceed with the Regimented Inmate Discipline Program as per the attached documents. BE IT FURTHER RESOLVED that a 1990 Budget adjustment will be necessary in this amount of $17,640 to implement this program. Mr. Chairperson, on behalf of the Public Services Committe, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE.. Richard D. Kuhn, Jr., Chairperson . Copy of attachments on file in County Clerk's Office. ,.!e. Fiscal Note (Misc. 90204) By Finance Committee IN RE: Sheriff's Department - REGIMENTED INMATE DISCIPLINE PROGRAM - AKA "BOOT CAMP" To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule el-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90204 and finds: 1) The Sheriff's Department is proposing to operate a Regimented Inmate Discipline Program (Boot Camp) on a trial basis for six weeks at the Trusty Camp for approximately 15 to 20 eligible inmate volunteers who have received three to six-month sentences for probation violation. 2) The Sheriff's Department has indicated this initial program will be operated by current staff on an overtime basis at a cost not to exceed S17,640. 3) Funding for this program is available in the 1990 Overtime Reserve Account for transfer to the Sheriff's Department budget as ftllows: Fror J9O 4-101C0-909-01-00-990e' Cvertime Reserve $(17,640) TO: 4-11-0100-434-15-00 -1001 Sheriff-Trusty Camp-Overtime 13,632 4-10100-434-15-00-2074 Fringe Benefits 4,008 s -a- and and 326 Commissioners Minutes Continued. September 13, 1990 4) Results from this trial program would be evaluated and reported back to the Public Services Committee to determine the feasieility of expansion of the program, which would require additional funding for new positions, capital costs and operating expenseS. FINANCE COMMITTEE G. William Caedell, Chairperson Moved by Richard Kuhn supported by Aaron the resolution be adopted. AYES: Oaks, Olsen. Pappageorge, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90205) By Personnel Committee IN RE: Institutional and Human Services/Medical Examiner - CREATION DE CHIEF FORENSIC PATHOLOGIST CLASSIFICATION AND POSITION To the Oakland County Board of Cemmissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports. with the recommendation tnat the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing reports. Misc. 90205 By Public Services Committee IN RE: Institutional and Human Services/Medical Examiner - CREATION CF CHIEF FORENSIC PATHOLOGIST CLASSIFICATION AND POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County for a number of years has contractec for all pathology services in the office of the Medical Examiner; and WHEREAS the Chief Medical Examiner performs a critical service for the protection of the public and as an aide to the law enforcement community and is assisted in this work by a number of medical examiner investigators, lab and morgue assistants and clerical staff; and WHEREAS accountability for the overall conduct of the office can be clarified and -strengthened if the Chief Medical Examiner functions as an employee rather than on a contractual basis; and - WHEREAS this will involve devoting some time on the part of the proposed position to administrative duties and increase the reed for part-time on-call patnologist autopsy assistance; and WHEREAS it is proposed that the position also perform .additional duties as Medical Care Facility laboratory director; NOW THEREFORE BE IT RESOLVED that the classification of Chief Forensic Pathologist be created at an annual flat salary rate of $110,000 (no overtime) and that one (1) governmental position of Chief Forensic Pathologist be established in the Medical Examiner Division (169) of the Institutional and Human Services Department. BE IT FURTHER RESOLVED that an annual payment rate of $2,500 be established and paid to the Chief Forensic Pathologist for serving in the additional capacity of Medical Care Facility laboratory director. BE IT FURTHER RESOLVE', that the line item Medical Services-Autopsies be adjusted to provide for the elimination of Chief Medical Examiner contractual funding, the continuation of funding for a full time Deputy Medical Examiner on a contractual basis and to provide for an Increase in annual funding for part-time contractual pathologist autopsy assistance from the current $E,033 to $20,000. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Fiscal Note (Misc. 9020S) By Finance Committee IN RE: Institutional and Human Services/Medical Examiner - CREATION OF CHIEF FORENSIC PATHOLOGIST CLASSIFICATION AND POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI -G of this Board, the Finance Committee has reviewed Miscellaneous PERSONNEL COMMITTEE John P. Calandro, Chairperson. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Comdissioners Minutes Continued. September 13, 1990 Resolution #90205 and finds: 1. The Public Services and Personnel Committees recommend the creation of a Chief Forensic Pathologist position in the Medical Examiner Division, and the elimination of the Chief Medical Examiner's contract. 2. Annual cost of this new position equals $147,213, which includes $111,928 in salary, $35,285 in fringe benefits; additional anticipated annual revenue equals $10,000. 3. Cost for the balance of 1990 (beginning September 15, 1990) equals $48,200 which includes $36,600 in salary, $11,600 in fringe benefits; additional anticipated revenue equals $2,900. 4. Sufficient funds are available in the 1993 Medical Examiner budget to cover the 1990 cost of this position, no additional County resources are required. 5. An additional appropriation of $31,200 is requested for 1991 to cover the full cost of the change, funds are available in the 1991 Contingency Account to cover these costs. 6. The following amendments to the 1990/1991 Biennial Budget are recommended: Revenue 1990 1991 3-10100-169 -01-20-2326 Medical Services $ 2;900 $10,000 Expenses 4-10100-909-01-00-9900 Contingency 4-10100-169-01-00-100'. Salaries 36,600 111,926 4-10100-169-01-00-2070 Fringe Benefits 11,600 35,285 4-10100-369-01-40-3112 Medical Services-Autopsies (45,300) (106,013) s 79- 7. The duties of the Chief Forensic Pathologist is to include the responsibilities of Clinical 0irector of the Health Division Laboratory, at no additional cost. FINANCE C0MMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Moffitt the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supported by Muffitt the resolution be adopted. Moved by Gosling supported by Kuhn the Fiscal Note be amended by eliminating #7. (the duties of the Chief Forensic Pathologist is to include the responsibilities of Clinical Director of the Health Division Laboratory, at no additional cost.) A sufficient majority having voted therefor, the amendment carried. Discussion followed. Vote on resolution with amended Fiscal Note: AYES: Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Oho, S. Kuhn, Law, Luxon, McConnell, Moffitt. (22) NAYS: None. (0) g- A sufficient majority having voted therefor, the resolution (with amended Fiscal Note) Was adopted. . Report (Misc. 90203) By Personnel Committee IN RE: Sheriff's Department - ACCEPTANCE OF 1990/1991 INMATE SERVICES SUBSTANCE ABUSE COORDINATOR PROJECT GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following amendment. To add two paragraphs after the paragraph beginning NOW THEREFORE BE IT RESOLVED to read: "BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners creates one special revenue Jail Inmate Worker position (salary grade 10) in the Inmate Services unit, Corrective Services-Detention Division of the Sheriff Department (433-20)" "BE IT FURTHER RESOLVED that future existence of this position be contingent upon continued state funding, and county match be limited to 40% the second year of the program, 50Z the third and fourth years.° Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandra, Chairperson 327 328 Commissioners Minutes Continued. September 13, 1990 Misc. 90203 • By Public Services Committee IN RE: Sheriff's Department - ACCEPTANCE OF 1990/1991 INMATE SERVICES SUBSTANCE ABUSE COORDINATOR PROJECT GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • WHEREAS Miscellaneous Resolution #85105 requires the appropriate liaison committee to review the acceptance of all grants tnat vary more than fifteen ;15) percent from the original grant application; and WHEREAS the Oakland County Sheriff's Department applied for initial funding of the Inmate Services Substance Abuse Coordinator Project Grant for tne period October 1, 1990 to September 30, 1991 in the amount of $49,933; and WHEREAS the State of Michigan Office of Criminal Justice has awarded the County $40,544 (State - $30,408, County Match - $10,136), or 81% of the applied amount as detailed in Schedule A; and WHEREAS the grant award provides funding for the creation of one (1) Inmate Services Substance Abuse Coordinator position (salary grade 10), which requires approval of the Personrel Committee; and WHEREAS this grant is not included in the 1990/1991 Biennial Budget and acceptance of the award will require funding for County match of $10,135, or 25% and approval of the Finance Committee; and WHEREAS toe County match requirements for cortinuation of this four-year grant program will increase to 40% in the second year and to 50% in the thire and fourth years; and WHEREAS Corporation Counsel has reviewed and aoproved this grant award as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Sheriff's 1990/1991 Inmate Services Substance Abuse Coordinator Project grant in the amount of $40,544 (State - $30,408, County - $10,136). BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that tee Chairperson of the Board of Commissioners be and is hereby authorized to execute said agreement and to approve minor changes and agreement extensions not to exceed fifteen (15) percent variance which are corsistent with tee agreement as approvec. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhr, jr., Chairperson Copy of Schedule "A" on file in County Clerk's Office. Fiscal Note (Misc. 90203) By Finance Committee IN RE: Sheriff's Department - ACCEPTANCE OF 1990/1991 INMATE SERVICES SUBSTANCE ABUSE COORDINATOR PROJECT GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board. the Finance Committee has reviewed Miscellaneous Resolution #90203 and finds: 1) The Sheriff's Department applied for initial funding of the Inmate Services Substance Abuse Coordinator Project grant for the period October 1, 1990 through September 30, 1991 in the amount of $49,933. ee 2) The State of Michigan Office of Criminal Justice has awarded the County $40,544 (State - $30,408, County Match - $10,136), or 81% of the applied amount' as detailed in Schedule A, including funding for the creation of one (1) Jail Inmate Worker position (salary grade 10). 3) Acceptance of the award will require County match funding of $2,534 in 1990 to meet match requirements of the first quarter of the 1990/1991 award, and $11,839 in 1991 for the remaining three quarters of the 1990/1991 award and the first quarter of an estimated 1991/1992 award. 4) Funding for County match is available in the Federal/State Project Match account for transfer to the Sheriff's Department budget as follows: 4-10100-909-01-00-9908 Federal/State Project Match 4-10100-431-01-00-3380 Sheriff Grant Match 1990 1991 $(11,819) 2,534 11,839 $ -0- $ -0- 5) County match requirements for continuation of this four-year grant program will increase from 25% to 40% in the second year and to 50% in the third and fourth years. 6) The grant award will amend the Sheriff's 1590 Special Revenue budget as follows: Revenue 3-27308-433-20-00-2185 Grant Funding 540,544 Commissioners Minutes Continued. September 13, 1990 Expenditure 4-27308-433-20-00-1001 Salaries $26,472 4-27308-433-20-00-2074 Fringe Benefits 11,132 4-27308-433-20-00-3128 Professional Services 2,240 4-27308-433-20-00-3574 Personal Mileage 500 4-21308-433-20-00-3752 Travel & Conference 200 $40,544 7) Acceptance of this grant award does not obligate the County to any future commitment and continuation of this position is contingent upon future levels of state funding. FINANCE COMMITTEE , G. William Caddell, Chairperson Moved by Richard Kuhn supported by Luxen the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Riolard Kuhn supported by Luxon the resolution be adopted. Moved by Richard Kuhn supported by Crake the resolution be amended to agree with the Personnel Committee Report. (Add two paragraphs following the NOW THEREFORE BE IT RESOLVED paragraph) A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Pappageorge, Pernick, Price, Rewolc, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Gosling, Huntoon, C.ensen, oohnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, Moffitt,. Oaks, Olsen. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. . Misc. 90226 By Commissioner Roy Rewold IN RE: Sheriff's Department - CONTRACT FOR CROWD/TRAFFIC CONTROL AT THE PONTIAC SILVEROOME - 1990 SEASON To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHHERLAS the City of Pontiac has requested the Oakland County Sheriff's Department to supply patrol officers for crowd and traffic control within the Silverdom grounds for the upcoming 1990 football season; and WHEREAS the Sheriff's Department has agreed to supply such patrol officers on an availability overtime hourly basis, the number of inn-hours to be determined by the Sheriff's Department; and WHEREAS the County of Oakland shall be reimbursed for such services by the City of Pontiac at the hourly overtime rate of $29.80 per deputy and $35.40 per Sergeant for the 1990 season, as was established by Miscellaneous Resolution #89200. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of .Commissioners approve the execution of the attached contract consistent with provisions contained therein. Mr. Chairperson, I move the adoption of the foregoing resolution. Roy Rewold, CuMmissioner Dist. #16 Copy of Agreement on file in County Clerk's Office. Moved by Rewuld supported by Crake the rules be suspender: for immediate consideration of the resolution. AYES: Pernick, Price, Rewold, 5karritt, Wolf, Aaron, Bishop, Caddell, Chester; Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge. (24) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carried. Moved by Rewold supportec by Crake the resolution be adopted. AYES: Price, Rewold, Skarritt, Wolf, Aaron, Bishop,Caddell, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick. 1231 NAYS: None. (0) '329 330 Commissioners Minutes Continued. September 13, 1990 A sufficient majority having voted therefor,.the ,resolution was adopted. Dr. Caddell requested the Board set a Public Hearing to be held on October 11, 1990 at 10:00 A.M. for the purpose of setting the 1991 Tax Rates. There were no objections. Misc. 90227 By Commissioners Pernick, Pappageorge and Bishop IN RE: Safety Division - FUNDING AND TRANSFER OF PERSONNEL AND RESPONSIBIATIES - To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS major changes have been accomplished in the mission and responsibilities of the Safety Division; and WHEREAS the remaining responsibilities might well be carried out with reduced cost by the consolidation of supervisory responsibilities and perhaps personnel reductions in the area of dispatch and communication services. . NOW THEREFORE NOW THLREFDRE BE IT RESOLVED that before the coming 1991 budget deliberations that an alternative be developed by the County Executive for consideration by the Board of Commissioners that would eliminate or merge all of some of the following positions: (1) Manager-Safety Division . (1) Operations Supervisor (1) Secretary II (5) Building Safety Attendants (Dispatch Assignment) BE IT FURTHER RESOLVED that as part of this alternative approach, the County Executive consider consolidating the remaining Safety Division responsibilities into the Facilities and Operations Division, with the exception cf Communication and Dispatch, which could be assumed by the Sheriff's Department Communication Operation. Mr. Chairperson, we move adoption of the foregoing resolution. Lawrence R. Pernick, Commissioner Dist. 20 John G. Rappageorge, Commissioner Dist. 13 Donald E. Bishop, Commissioner Dist. 06 The Vice Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There'were no objections. Misc. 90228 By Commissioners Johnson, Rewold and Jensen IN RE: Solid Waste - EXPEDITE CONSTRUCTION OF COUNTY RESOURCE RECOVERY FACILITY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • WHEREAS the Oakland County Board of Commissioners has made a commitment to county-wide recycling by approving the recommendation of the Act 641 Solid Waste Planning Committee to include. the construction of a County Materials Recovery Facility (MRV) as an integral part of its solid 'waste program; and WHEREAS a favorable proposal for operation of the MRF has been received, but institution of recycling procedures is restrained until the MRF is in operation; and WHEREAS progress with construction of the MRF is now held up pending issuance of bonds to pay for its construction, and the issuance of bonds is held up pending the receipt of Intergovernmental Agreements from local units of government; and WHEREAS the county does not wish to circumvent the above pOcedures and be accused of proceeding with any aspect of the solid waste program without the consent of local units of government. NOW THEREFORE BE IT RESOLVED that a letter be dispatched to all local units of government in the county reiterating the desire of the county to proceed with construction of the MRF, setting forth reasons for urgency in instituting recycling progrsms at the earliest possible date, and requesting ratification or objection to the.county's plan to proceed with construction of the MRF in advance of Intergovernmental Agreements or bonding, BE IT FURTHER RESOLVED that the construction of the MRF proceed with county funds when a majority of local units ratify the proposal, it being understood that all county funds expended will' be repaid as soon as bonds are issued. Mr. Chairperson, we move the adoption of the foregoing resolution. Ruth A. Johnson, Commissioner Dist. #1 Roy Rewold, Commissioner Dist. #16 Donald W. Jensen, Commissioner Dist, 22 The Vice Chairperson referred the resolution to the Planring and Building Committee and the Finance Committee. There were no objections. LYNN D. ALLEN Clerk ROY REWOLD Chairperson Commissioners Minutes Continued. September U. 1990 In _accordance with RJle XXII, the following referrals were made by the Vice Chairperson: PLANNING AND BUILDING a. Michigan Department of Natural Resources - Solid Waste Plan Funds • PUBLIC SERVICES . a. Michigan State Police-Secondary Road Patrol & Traffic Accident Prevention b. Michigan Department of Social Services-Budget Reduction/Co-op Reimbursement There were no objections to the referrals, The Vice Chairperson anncunced the next meeting of the Board will be September 27, 1990 at 9:30 A.M. The Board adjourned at 11:20 A.N. 331 332 OAKLAND COUNTY Board Of Commissioners MEETING September 27, 1990 Meeting called to order at 9;35 a.m.-by Vice Chairperson Nancy McConnell in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll Celled. PRESENT: Aaron, Bishop, Calandro„ Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Limn, McConnell. McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (25) ABSENT: (with notice) Caddell, Law. (2) Quorum present. Invocation given by Commissioner John Olsen. Pledge of Allegiance to the Flag. Moved by Skarritt supported by Aaron the minutes of the August 30, September 41, and September 13, 1990 meetings be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Olsen supported by Richard Kuhn the rules be suspended and the agenda amended to add under Finance Committee *Department of Institutional and human Services/Health Division - 19901 1991 SUBSTANCE ABUSE GRANT ACCEPTANCE". Also under Public Services Committee change the order of the resolution and place (c) as the first resolution under that Committee. A sufficient majority having voted therefor, the motion to suspend the rules carried, and the agenda, as amended, was approved. • Sue Mysliewiec addressed the Board. Roy Rewold presented an update on the Solid Waste Program. Mr. Rewold stated he had given each of the Commissioners a copy of a resolution entitled "Oakland County Solid Waste Management System Implementation Plarrand he would like the Board to consider the resolution at this time. Discussion followed, with questions being answered by Roger Smith and Daniel T. Murphy. Mr. Rewold requested the Board recess for 20 minutes and go into "open session" for - discussion of the resolution, and also to have any, questions the members might have answered by members of the bonding company. The Board recessed at 9:57 a.m. The Board reconvened at 1020 a.m. Discussion followed. John King, Carolyn Peyser and Gisela King addressed the Board. . Moved by Rewold supported by Pappageorge the rules be suspended for immediate consideration of theTesolution. -333 Commissioners Minutes Continued. September V. 1990 AYES: Price. Rewold, Skarritt, Wolf, Aaron, BiShop, Calandra, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick. (25) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carried. Misc. 90229 By Commissioner Rewold IN RE: OAKLAND COUNTY SOLID WASTE MANAGEMENT SYSTEM IMPLEMENTATIOULAN .7 Department of.Solid Waste Management To the Oakland County Board of Commissioners Madame Chairperson, Ladies and Gentlemen: WHEREAS implementation of the Oakland County Solid Waste Management System (System) has previously been structured to proceed as a single integrated series of projects (a Household Hazardous Waste collection program, Composting sites, Recycling facilities. Landfill sites and a Waste-to-Energy facility) at such time as all Oakland County municipalities had considered the Intergovernmental Agreement and after all basic System contracts and permits were in place; and WHEREAS delays are occurring in the process for the issuance of the required Air Quality Permit for the System Waste-to-Energy (WTE) facility and it will not be possible to meet the originally envisioned System schedule which, in part, called for the municipalities to conclude their consideration of the Intergovernmental Agreement by November 1, 1990; and WHEREAS similar delays are occurring in the Air Quality Permit process for issuance of the SOCRRA WTE permit; and WHEREAS the ultimate size of the proposA System WTE project cannot be firmly established until the Air Quality Permit process has been concluded for both the System and SOCRRA Wit projects, and the extent of SOCRRA participation in the System known (that is, no participation, participation limited to the System handling of Municipal Solid Waste (KW that cannot be processed at SOCRRA facilities, or full participation should the SOCRRA permit be denied); and WHEREAS, should the implementation of the Oakland County Solid Waste Management Syetem be deferred until all such matters are resolved, implementation may not commence until at least late 1991; and WHEREAS such a delay would be intolerable in starting Oakland County's municipalities on the way to meeting the aggressive Volume Reduction Goal of 50t through source reduction, reuse, composting and recycling by the year 2005. NOW THEREFORE BE IT RESOLVED that the Intergovernmental Agreements are to be modified to provide that System implementation will occur in two phases with Phase I including a household hazardous waste collection program, composting sites, recycling facilities and a sanitary landfill; and BE IT FURTHER RESOLVED that Phase I of the System implementation will commence when municipalities having a combined total MSW stream estimated to be at least 1,000 tpd of 1990 waste have signed the Intergovernmental Agreements; and BE IT FURTHER RESOLVED that Phase II of the System implementation will include the System WTE facility and related appurtenances at such time as municipalities having a coebined total NSW stream estimated to be at least 2,000 tpd of 1990 waste have signed the Intergovernmental Agreements, (2,000 tpd being of sufficient size to provide for the construction of a 1,500 tpd Wit facility, which in the year 2005 will fully allow for achievement of the SOZ Volume Reduction Goal through source reduction, reuse, composting and recycling); and BE IT FURTHER RESOLVED that the System Finance Team is herewith directed to restructure the existing Intergovernmental Agreement providing for the System implementation phasing outlined above and detailed below and to bring that document back to the full Board of Commissioners (on an accelerated schedule) at their next regularly scheduled meeting for final approval; and ' BE IT FURTHER RESOLVED that the target dates shown below will be included in the revised document; end IGA Approval. Phase I February 1, 1991 Source Separation / Flow Control Ordinance Adoption March 1, 1991 BE IT FURTHER RESOLVED that the Solid Waste Board and its Executive Committee will be established at the point In time when at least 1,000 tpd is enrolled to guide and advise the System management on implementation matters; and BE IT FURTHER RESOLVED that the initially established Solid Waste Board will hold open two regiona:lly selected seats on the Executive Committee to be filled by representatives of 50CRRA municipalities, should they choose to join the System, as outlined below. Should SDCRRA not choose to join the System, the remaining two regional seats on the Executive Committee will be selected by the Solid Waste Board members on the first anniversary of the Board formation; and BE IT FURTHER RESOLVED that an additional enrollment period will be provided, without penalty, for Oakland County municipalities to consider the Intergovernmental Agreement after the SOCRRA Air Quality Permit public hearing has been concluded with the target dates shown below; and Commissioners Minutes Continued. September 27, 195d 334 IGA Approval, Phase II 60 days after SOCRRA Air Quality Permit Hearing Source Separation / Flow Control Ordinance Adoption 90 days after SOCRRA Air Quality Permit Hearing BE IT FURTHER RESOLVED that once the SOCRRA municipalities have indicated their preference for System membership (none, bypass MSW Only, or full) that the System Executive Committee and the System management will jointly recommend to the Board of Commissioners the final sizing of the System Waste-to-Energy facility for implementation; and BE ET FURTHER RESOLVED that should the delays On the SOCRRA HIE permit process become lengthly and if sufficient tonnage has already been committed from other Oakland County municipalities such that the System WTE project may proceed (and after an additional, without penalty, enrollment period to be jointly determined by the Executive Committee, System management and the Board of Commissioner), even if at reduced tonnage from that presently contracted for, that such facts will be reported to the Board of Commissioners along with appropriate recommended actions; and BE IT FINALLY RESOLVED that whether or not sufficient 1990 MSW tonnage is committed to trigger Phase II of the System as provided in this resolution, that the Executive Committee and System management will be responsible to continously analyze the MSW stream, the actual volume re- ductions being achieved and to formulate recommendations on the implementation of other volume reduction technologies in such manner and at such time as they deem to be appropriate. Madame Chairperson, I move the adoption of the foregoing resolution. Roy Rewold, Commissioner Dist. #I6 Moved by Rewold supported by Ferrens the resolution be adopted. Moved by Bishop supported by Johnson the resolution be amended in the last BE IT FURTHER RESOLVED paragraph by deleting all the words after "reduction technologies" and insert the words "and report to the Board as to the technologies available and their recommendations." A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Rewold, Skarritt, Wolf, Aaron, Bishop, Calandra, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon„ McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90230 • 11( RE: Department of Institutional and Human Services/Health Division - 1990/1991 SUBSTANCE ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution •89105, the Health Division applied to the Michigan Department of Public Fealth'(M0PH) for $4,122,215 in Substance Abuse Grant funds for the period October 1, 1990 through September 30, 1951; and WHEREAS the Michigan Department of Public Health has awarded Oakland County a 199011991 Substance Abuse Grant in amount of $4,122,215, the same amount as the application, with $3,844,215 to be contracted immediately and the balance to be contracted upon final subcontractor approval; and WHEREAS this program is funded $4,122,215 by State grant, $693,399 from local and other sources, $356,925 from fees and collections and 4749,816 from the County for a total 199011991 program of.S5,922,365 (see Schedule A), the County portion is funded in the 1990/1991 Health Division budget; no additional County funds are required; and WHEREAS acceptance of this grant does not obligate the County to any future commitments; and WHEREAS the office of Corporation Counsel has reviewed the grant agreement and has approved it as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the 1990/1991 Substance Abuse Grant in the amount of 14,122,215 and authorizes the necessary budget amendments be made to 1990/1991 Grant Budget as detailed on the attached Schedule B. BE IT FURTHER RESOLVED that the Chairperson cf the Board is authorized to execute said grant agreement and to auDrove minor changes and grant extensions, not to exceed fifteen percent variance from the original agreement. . Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. • FINANCE COMMITTEE Marilynn Gosling, Vice Chairperson Moved by Gosling supported by Pappageorge the resolution be adapted. -33S Commissioners Minutes Continued. September 27, 1990 AYES: Skarritt. Wolf, Aaron, Bishop. Calandro, Chester, Crake, Ferrens, Gosling, Ramon, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson. Moffitt, Oaks, Olsen, Pappageorge, Pernick. (23) RAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report By General Government Committee - IN RE: BUILDING AUTHORITY APPOINTMENT - JOSEPH M. GRACE, JR. To the Oakland County Board of Commissiovers Mr. Chairperson, Ladies and Gentlemen: The General Government Committee having received the resignation of Donald Grevengood from the Building Authority, reports with the recommendation that Joseph M. Grace, Jr. be appointed to fill the unexpired term ending December 31, 1991. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Olsen the report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Jensen the appointment be confirmed. A sufficient majority having voted therefor. the appointment of Joseph M. Grace, Jr. was confirmed. Report (Misc../90125) By General Government Committee IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Misc. 90125 By Commissioner Ferrens IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY To the Oakland County Board of Commlisioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS the major portion of county buildings have been designated as non-smoking areas in recognition of the health hazards caused by smoking; and WHEREAS it is unlawful for minors to purchase tobacco products in the State of Michigan, but vending machines provide no safeguards from preventing children from buying cigarettes.. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby direct the Oakland County Executive to take necessary action to immediately remove all cigarette vending machines from County property. Mr. Chairperson, I move the adoption of the foregoing resolution. James D. Ferrens, Commissioner Dist. 17 Lawrence Pernick, Donald E. Bishop, Roy Rewold, Donald Jensen, A, Madeline Luxon, Ruth A. Johnson, Donna R. Huntoon, Hubert Price, Jr., Ruel E. McPherson The Vice Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90231 By Planning and Building Committee IN RE: Corporation Counsel - LEASE WITH MAGNA CARTA INSTITUTE. INC. - 196 Oakland Avenue To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County will have available vacant space at 196 Oakland Avenue upon the move of the Prosecutor's Office, Child Services Division; and WHEREAS the County has received a request from the Magna Carta Institute, Inc., of 335 Commissioners Minutes Continued. September 27, 1990 Livonia, Michigan, to lease 700 square feet at 196 Oakland Avenue for a seven-month period from October 29, 1990, through May 31, 1991, contingent upon receipt of its funding from the Department of Social Services; and WHEREAS the Magna Carta Institute would utilize such space for conducting Job Readiness services and Motivational Enhancement training for Department of Social Services clients; and WHEREAS no renovations or special services would be needed from the County to accommodate such a use; and WHEREAS the lease is recommended by the Department of Public Works, Facilities Maintenance & Operations Division; and WHEREAS the attached Lease Agreement has been approved by the Department of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Lease Agreement with the Magna Carta Institute for 700 square feet at 196 Oakland Avenue. Pontiac, Michigan, to commence October 29, 1990, and end May 31, 1991, for the fixed rate of $4,000. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute said Lease Agreement. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. Copy of Lease Agreeme t on file in County Clerk's Office. The Vice Chairperson referred the resolution to the Finance Committee. There were no objections. Report (Misc. 902001 IN RE: Corporation Counsel - Real Estate Section - CONVEYANCE OF COUNTY OWNED PROPERTY: LOT 14 HATHORNS ADDITION, VILLAGE OF MILFORD To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted, Mr. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. Misc. 90200 By Planning and Building Committee IN RE: Corporation Counsel, Real Estate Section - CONVEYANCE OF COUNTY OWNED PROPERTY: LOT 14, HATHORNS ADDITION, VILLAGE OF MILFORD, FOR ROAD PURPOSES, TO THE VILLAGE OF MILFORD, TAX ITEM 16-11-180-006 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland owns property located in the Village of Milford and described as Lot 14 of hathorns Addition to the Village of Milford; and WHEREAS this property was deeded to the County of Oakland for $1.00 in 1922 for road purposes; and WHEREAS this property is presently being used partially for road purposes; and WHEREAS the Village of Milford is preparing to improve portions of the road and road rights of way by constructing sidewalks; and WHEREAS the Village of Milford has jurisdiction and maintenance over this portion of road; and • WHEREAS the village of Milford has requested that the County of Oakland deed or convey said Lot 14 of Hathorns Addition to the Village of Milford; and WHEREAS Mr. James Faneini, Rights of Way Engineer at the Oakland County Road CommisSion has recommended the conveyance of Lot 14 of Fathoms Addition to the Village of Milford; and WHEREAS said conveyance of Lot 14 of hathorns Addition to the Village of Milford would benefit the County of Oakland as to possible liability on this property. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the conveyance of Lot 14 of Hathorns Addition to the Village of Milford for road purposes. BE IT FURTHER RESOLVED tnat the Oakland County Board of Commissioners directs its • chairperson to execute the necessary documents to effect same. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Oaks the resolution be adopted. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson 337 Commissioners Minutes Continued. September 27, 1990 AYES: Wolf, Aaron, Bishop, Calandro, Chester, Crake, Ferrens„ Going, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Skarritt. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90232 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section: Parks and Recreation - PURCHASE OF PROPERTY ADJACENT TO PARK PROPERTY. 2880 Watkins Lake Road, Pontiac, Michigan 48054, Tax Sidwell No.: 13-24-126-004 (0.51 acres) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission is desirous of purchasing a residential home with 0.51 acres of land adjacent to Parks property on Watkins Lake Rued; and WHEREAS said property is presently offered for sale through VIP Realty for $63,900.00; and WHEREAS the Oakland County Parks and Recreation Commission requested the assistance of Corporation Counsel, Real Estate Section, in the purchase of said property, commonly known as 2880 Watkins Lake Road, Pontiac, Michigan, 48054, Tax Sidwell No. 13-24-126-004; and WHEREAS said property was appraised by Craig Fuller of Fuller Appraisal Service, and reviewed by Paul Stoppert, M.A.I., of Stoppert Appraisal Services, with an estimated market value of $57,500; and WHEREAS an August 15, 1990, the Oakland County Parks and Recreation Commission approved the negotiation to purchase the property located at 2880 Watkins Lake Road at a sum not to exceed $61,000.00; and WHEREAS Ralph Richard, Manager Oakland County Parks and Recreation Commission, negotiated the purchase of property located at 2880 Watkins Lake Road, Waterford Township, for $81,000.00, subject to the approval of the Oakland County Board of Commissioners; and WHEREAS the Oakland County Parks and Recreation Commission recommends the purchase of this residence at 2880 Watkins Lake Road for future use and expansion; and WHEREAS the monies have been allocated for the acquisition of this subject property through the Parks and Recreation Commission, Land Acquisition Fund; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the purchase of property located at 2880 Watkins Lake Road, Pontiac, Michigan, 48054, Tax Sidwell No. 13-24-126-004, for the use by the Oakland County Parks and Recreation Commission in the sum of $61,000.00. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson The Vice Chairperson referred the resolution to the Finance Committee. There were no objections. Report (Misc. 90209) • By Planning and Building Committee IN RE: Solid Waste - URGE ELECTED OFFICIALS OF SOCCRA'S MEMBER COMMUNITIES TO ACTIVELY PARTICIPATE IN ALL DECISIONS BY SOCCRA REGARDING THE PROPOSED INCINERATOR AND URGE SOCCRA TO CONSIDER ALTERNATE SITES To the Oakland County Board of CommissionerS Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the addition of the following paragraph: 'BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that SOCCRA consider participation in the Oakland County Solid Waste Program as an alternative.' Mr. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Misc. 90209 By Commissioners McPherson and Chester . IN RE: Solid Waste - URGE ELECTED OFFICIALS OF SOCRRA'S MEMBER COMMUNITIES TO ACTIVELY PARTICIPATE IN ALL DECISIONS BY SOCRRA REGARDING THE PROPOSED INCINERATOR AND URGE SOCRRA TO CONSIDER ALTERNATE SITES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the South Oakland County Resource Recovery Authority (SOCRRA) continues to pursue Commissioners Minutes Continued. September 27, 1990 338 the construction of a new waste incinerator at the site of its old waste incinerator in Madison Heights; and WHEREAS the permit for said new waste incinerator is currently pending before the Michigan Air Pollution Control Commission (APCC); and WHEREAS during their meeting on July 31, 1990; various members of the APCC publicly stated their concerns and thereafter unanimously ruled, among other decisions, that SOCRRA must document the alternative sites they have considered; and WHEREAS SOCRRA has not actively considered other potential sites and has shown no intent to do so even after the APCC statement; and WHEREAS the elected officials of the SOCRRA member communities have not actively participated in SOCRRA meetings or deliberations; and WHEREAS the projected costs of the incinerator in its proposed location have grown substantially and will continue to do so; and WHEREAS based upon the APCC public comments it appears unlikely that the APCC wil/ issue a permit for the incinerator at the Madison Heights site; and WHEREAS the citizens, the Mayor and City Council of the City of Madison Heights are vehemently and steadfastly opposed to a new incinerator at this environmentally unacceptable location. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges all elected officials of SOCRRA's member communities to actively participate in all future decisions by SOCRRA regarding its proposed new incinerator and requests that said communities . and SOCRRA thoroughly evaluate appropriate alternate sites. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the elected officials of each SOCRRA community and the Director of the Department of Natural Resources. Mr. Chairperson, we move the adoption of the foregoing resolution. Ruel E. McPherson, Commissioner, Dist. 19 Mark W. Chester, Commissioner, Dist. 110 The Vice Chairperson referred the resolution to the Planning and Building Committee. There were no objections. Misc. 90233 By Public Services Committee IN RE: Community Development Division - PROCEDURE FOR THE RECAPTURE OF FUNDS ALLOCATED TO PARTICIPATING COMMUNITIES IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM .To the Oakland County Board of Commissioners Mr. Chairperson,. Ladies and Gentlemen: WHEREAS the Oakland County Community Development Division has administered the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CM) program for participating communities in Oakland County since 1975; and UHEREAS Community Development Block grant Funds have been allocated to the participating communities on a formula basis since the inception of the program; and WHEREAS the U.S. Department of Housing and Urban Development (HUD) regulation 24 CFR 570.902 (A)(1)(i) dated September 1988 mandates that COBG funds undishursed sixty days prior to the end of the program year, April 30th, can not exceed 1.5 times the current program year allocation; and WHEREAS HUD's annual grantee performance reviews question Slow moving activities and the amount of undisbursed funds; and WHEREAS several communities have undisbursed funds dating back to 1984; and WHEREAS the lack of timely use of grant funds can result in the loss of purchasing power of those funds; and WHEREAS there continues to be a significant need to fund and expedite projects that benefit low and moderate income families and address slum and blight conditions in Oakland County; and WHEREAS the Oakland County Community Develepment Division in order to.continue compliance with HUD's spending performance regulation recommends that participating communities be allowed to retain undisbursed funds from the three most recent program year allocations; and WHEREAS funds from previous years not contractually obligated will be recaptured as of December 31, 1991 and each year thereafter; and WHEREAS the recapture of undisbursed funds from previous years may be waived for a period of one year by the Community Development Division with justification (see attached form) and a legislative resolution from the requesting participating community; and WHEREAS if a waiver is denied by the Community Development Division, the applicant may appeal the denial by seeking review and relief from the Citizens Advisory Council. WHEREAS the Oakland County Community Development Citizens Advisory Council has unanimously approved the recapture procedure by a roll call vote of 9-0. WHEREAS these procedures have been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners allow 339 Commissioners Minutes Continued. September 27, 1990 participating communities to retain undisbursed funds from the three most recent program year allocations. The Oakland County Community Development Division is authorized to recapture as of December 31, 1991 and each year thereafter funds from previous years unless contractually obligated. The recapture of undisbursed funds from previous years may be waived for a period of one year by the Community Development Division with justification (see attached form) and a legislative resolution from the requesting participating community. If a waiver is denied by the Community Development Division, the applicant may appeal the denial by seeking review and relief from the Citizens Advisory Council. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Moved by Richard Kuhn supported by Moffitt the resolution be adopted. AYES: Aaron, Bishop, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Perniek, Rewold, Wolf. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. . Misc. 90234. By Public Services Committee IN RE: Community Development Division - PROCEDURE FOR THE REALLOCATION OF RECAPTURED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS in Miscellaneous Resolution No. • the Oakland County Ociard of Commissioners authorized the Oakland County Community Development Divisior to recapture undisbursed funds not contractually obligated as of December 31, 1991 and each year thereafter from community allocations that precede the latest three program years; and WHEREAS the lack of timely use of grant funds can result in the loss of purchasing power of those funds; and WHEREAS there continues to be a significant need to fund and expedite projects that benefit low and moderate income families and address slum and blight conditions in Oakland County; and WHEREAS the Oakland County Community Development Division, in order to continue to comply with the spending performance regulation as set forth by the U.S. Department of Housing and Urban Development (HUD), recommends that effective December 31, 1991 the Oakland County Community Development Division reallocate recaptured undisbursed funds annually to communities on a pro rata basis; and WHEREAS the reallocations will be given to communities that do not have recaptured funds in the current annual recapture process and in addition have undisbursed funds not to exceed 1.5 times the current program year allocation as of December 31; and WHEREAS the recaptured funds will be reallocated to qualifying communities on a pro rata basis utilizing the CDBG allocation formula criteria adopted by the Oakland County board of Commissioners in Miscellaneous Resolution H. 84289 that is: Percent of funds to be allocated to each community = P + 2 (L/M) + 0 C 4 P = Community's percentage of CDBG Communities total population L/M = Community's percentage of CDBG Communities total low and moderate income people OC = Community's percentage of CDOG Communities total over- crowded households; and WHEREAS this reallocation process will become effective December 31, 1991 in conjunction with the recapture of CDBG funds; and WHEREAS the Oakland County Community Development Citizens Advisory Council has unanimously approved the reallocation procedure by a roll call vote of 9-0. WHEREAS these procedures have been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize effective December 31, 1991 the Oakland County Community Development Division to reallocate recaptured undisbursed funds annually to communities on a pro rata basis that do not have recaptured funds in the current annual recapture process and in addition have undisbursed funds not to exceed 1.5 times the current program year allocation as of December 31 utilizing the following formula: PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Commissioners Minutes Continued. September 27, 1990 340 Percent of recaptured funds to be allocated to each eligible community = P 2 (L/M + 0 C 4 P . Community's percentage of qualifying CDBG Communities total population Community's percentage of qualifying CDBD Communities total low and moderate income people 0 C Community's percentage of qualifying tOBG Communities total overcrowded households Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr.. Chairperson Moved by Richard Kuhn supported by McCulloch the resolution be adopted. , AYES; Bishop, Calandro, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen, Johnson, R. Kuhn, Luxon, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pernick, Rewold, Wolf, Aaron. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90235 By Public Services COmmittee IN RE: Sheriff's Department - DISPOSITION OF PROPERTY HELD BY SHERIFF To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff of Oakland .County, by letter of September 20, 1990, has requesta authority from this Board to dispose of recovered stolen property which has been unclaimed for six' months or more after recovery, such authority being necessary pursuant to the provisions of Act 54 of the Public Act of 1959, as amended; said recovered stolen property to be disposed of by manner of public auction to be held, Saturday. October 6, 1990. NOW THEREFORE BE IT RESOLVED that authority to dispose of such unclaimed property is hereby granted to the Sheriff of Oakland County, such unclaimed property to be disposed of in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Moved by Richard Kuhn supported by Ferrens the resolution be adopted. AYES: -Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge,-Pernick, Rewold, Wolf, Aaron, Bishop. (22) RAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90236 By Commissioner Dennis M. Aaron IN RE: BANNING OF POSSESSION AND SALE OF ALCOHOLIC BEYER.AGES AT COUNTY OWNED OR OPERATED FACILITIES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the consumption of alcoholic beverages in excess has created wide and serious social problems; loss of life; loss of productivity; destruction of families and costs our nation monetary losses in excess of $100 billion annually; and WHEREAS the County of Oakland has demonstrated its willingness to assist and educate the public in the various aspects of well-being and has encouraged public education and awareness in various public health issues. NOW THEREFORE BE IT RESOLVED that it is the policy of the County of Oakland that no alcoholic beverages of any kind shell be consumed or possessed in any County owned or operated facility including all County owned or operated parklands or recreational areas except where sush consumption or possession shall be incident to or resultant from a person or corporation having a valid State of Michigan license, permitting the sale, use or possession of alcoholic beverages. BE IT FURTHER RESOLVED that the County Executive is hereby directed to take all necessary action to implement a ban on the consumption or possession of alcoholic beverages in all such County owned or operated facilities, parklands and recreational areas except as to such persons or corporations having a State of Michigan license permitting the sale, use or possession of alcoholic beverages. 12;21 p.m. LYNN D. ALLEN Clerk ROY REWOLD Chairperson 34/ Commissioners Minutes Continued. September 27, 1990 Mr. Chairperson, I move the adoption of the foregoing resolution. Dennis M. Aaron, Commissioner Dist.. #19 The Chairperson referred the resolution to the General Government Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Vice Chairperson: GENERAL GOVERNMENT a. MAC - Amendments to N.B. 5890 b. City of Oak Park - Solid Waste Alternatives Program Eligibility Changes c. Trinity Missionary Baptist Church - Request for Resolution for Dr. Jemison d. Hillsdale County - Increase Library Funds PLANNING & mum a. City of Clawson - 50CRRA Incinerator b. City of Oak Park - Solid Waste Alternatives Program Eligibility thanges PUBLIC SERVICES a. D.C. Child Abuse and Neglect Council-Resolution to Commemorate 20th Anniversary of the Creation of Children's Protective Services OTHERS Susan Kuhn a. City of Clawson - SOCRRA Incinerator Dennis M. Aaron a. City of Oak Park - Solid Waste Alternatives Program Eligibility Changes There were no objections to the referrals. - Moved by Olsen supported by Pernick the Board adjourn until 9:30 a.m. on October 11, 1990. A sufficient majority having voted therefor, the motion carried and the Board adjourned at OAKLAND COUNTY Board Of Commissioners MEETING October 11, 1990 Meeting called to order at 9:58 A.M. by Chairperson Roy Rewold in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll Called. PRESENT: Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Law, -uxon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Nclf. (25) ABSENT: Susan Kuhn, McCulloch. (2) Quorum present. Invocation given by Commissioner Madeline Luxon. Pledge of Allegiance to the Flag. Moved by Pernick supported by Olsen the minutes of the September 27, 1990 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. Moved by Olsen supported by Skarritt the agenda be amended and the Rules suspended for the following: (Waive Rule XI F - Direct Referral to Finance Committee) ITEMS ALREADY ON PRINTED AGENDA PLANNING AND BUILDING COMMITTEE: d. Drain Commissioner - Jensen Drain, Full Faith and Credit Bonds e. Drain Commissioner - Bonds to Defray Evergreen-Farmington Sewage Disposal System - Lathrup Village f. Drain Commissioner - Bonds to Defray Evergreen-Farmington SOS Pollution Control Facilities - Amy Relief Sewers g, Drain Commissioner - Bonds to Defray Evergreen-Farmington SOS Permanent Meter Installation & Interceptor Rehabilitation h, Drain Commissioner - Bonds to Defray Evergreen-Farmington SDA Pollution Control Facilities, Seg. I and Ii Improvements A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Vote on Agenda as amended: A sufficient majority having voted therefor, the Agenda, as amended, was approved. The Chairperson made the following statement: At this time a Public Hearing is now held on the 1990 Tax Rates. Notice of the Public Hearing was published in the Oakland Press on October 1, 1990. Are there any persons present that wish to speak at the Public Hearing?" No persons requested to speak and the Public Hearing was declared closed. 342 The following persons addressed the Board: Lisa McWilliams, Rosemary Kellar Clark, Marilyn Burton-Ristau, Larry Barton and Carolyn Peyser. 343 Commissioners Minutes Continued. October 11 0 1990 Misc. 90237 By Finance Committee IN RE: 1990 COUNTY GENERAL FUND PROPERTY TAX AND PARKS S RECREATION TAX RATES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County has a fixed millage tax rate of 5.25 mills and a voted .25 mill for Parks A Recreation; and WHEREAS the Huron-Clinton Authority has requested tne County to apportion a .25 mill property tax rate; and WHEREAS application of the compound millaee rollback aceuired by Article 9, Section 31, of tne Michigan Constitution, the Headlee Tax Limitation Ameedment, results in the maximum allowable County tax rate of 4.5720 mills, a Parks & Recreation maxim= allowaole tax rate of .2173 mill and a Huron-Clinton Authority maximum allowable tax rate of .2292 mill: and WHEREAS Public Act 5 of 1982. "Truth in Taxation" Act, requires the County Board of Commissioners to hold a public hearing if the recommended property tax rate exceeds the adjusted Base Tax Rate of 4.2581 mills; anc WHEREAS the County Executive recommends that the County tax rate be set at 4.5720 mills, .0671 mills lower than the 1989 County tax rate; and WHEREAS the Finance Committee recommends that the 1990 County General Fund Property Tax rate be set at 4.5720 mills, the maximum allowable tax rate; the Oakland County Parks & Recreation Tax rate be set at 1!2173 mill, the maximum allowable tax rate; and the Huron-Clinton Park Authority tax rate be set at .2292 mill, tee maximum allowable tax rate; and WHEREAS $117,802,0e5 is the amount of the 199 Couety General Fund Eudeet to be raised by taxation based on the 1989 Equalized Valuation of $25,765„985,374 at the recommended tax rate of 4.5720 mills, together with the voted .2773 mill for Pars & Recreation of £5,598,949 and the .2292 mill for the Huron-Clinton Authority of $5,905,564; and WHEREAS a sum not to exceed $550,000 from the General Fund Tax Levy will be recummended with adoption of the 1991 General Appropriations Act to supplement the Tax Tribunal Appeals Designated Fund Balance previously establisnee to provide for several significant outstanding tax appeals. NOW THEREFORE BE IT RESOLVED Oakland County Board of Commissioners authorizes and directs that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County spread on their respective township or city tax rplls for the year 1990 the following tax rates to be applied to their 1989 equalized valuation; 1990 County Voted for Huron-Clinton General Property Tax Levy Parks & Recreation Park Authority 4.5720 Mills .2173 Mill .2292 Mill Mr. Chairperson, on behalf of the Finance Committee. I move adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell sepported by Olsen the resolution he adopted. Moved by Olsen supported by Gosling the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph following of the cities of Oakland County" - add "reduce the current County tax millage rate from 4.6591 to 4.5720, and further direct them to spread..,.. A sufficient majority having voted therefor, the amendment carried. Moved by Aaron supported by McPherson the resolution be further amended as follows: "the 1990 General Property Tax Levy be set at 4.2581 mills and the adjusted tax rate under the Truth in Taxation Act." . AYES: Aaron, Ferrens, Luxon, McPherson, Oaks, Pernick, Price. (7) NAYS: Bishop, Caddell. Calandra, Chester, Crake, Gosling, Huntooe, Jensen, Johnson, R. Kuhn, McConnell, Moffitt, Pappageorge, Rewold, Skarritt, wolf, (16) A sufficient majority NOT having voted therefor, the amenoment failed. Vote on resolution as amended; AYES: Bishop, Caddell, Calandro, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Moffitt, Yappageorge, Rewuld, Skarritt, Wolf. (15) NAYS: Ferrgns, Luxon, McPherson, Pernick, Aaron. (5) A sufficient majority having voted therefor, the resolution was adopted. 344 Commissioners Minutes Continued. October 11, 1990 Misc. 90238 . By Finance Committee IN RE: Central Services - Parks and Recreation - ADDISON OAKS ACQUISITION GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution 89105, the Oakland County Parks and Recreation Commission 'applied to the Department of Naturel Resources Natural Trust Fund (MNRTF) for funds to acquire 139 acres of land for preservation and future expansion; and WHEREAS MNRTF has awarded the sum of money equal to 75% of the total cost, not to exceed $307,500 with Oakland County Parks and Recreation's share being $102,500 for a total grant of $410 1 000; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; WHEREAS the Office of Corporation Counsel has reviewed the grant and approved it as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant in an amount not to exceed $307,500. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the grant agreement and to approve amendments to the agreement.up to (15) fifteen percent variance from the original award which are cnnsistert with the agreement as approved. Mr. Chairperson, on ehalf of the Finance Committee, I move the adoption of the foregoing resolution. - FINANCE COMMITTEE G. William Caddell, Chairperson Report to the Finance Committee By Planning and Building Committee IN RE: Central Services - Parks and Recreation - ADDISON CAKS ACQUISITION GRANT The Planning and Building Cnmmittee has reviewed the proposed grant and finds: 1) Oakland County Parks and Recreation is the recipient of funding from the Department of Natural Resources Natural Resources Trust Fund (MNRTF) for purcnase of 139 acres of land adjacent to the park on a twenty-five (25) percent matching basis in a maximum obligation of $102,500 of the total project cost of $410,000. 2) The project consists of the purchase of lard for preservation and future expansion. 3) The County's match is funded from the Oakland County Parks and Recreation Commission 1/4 millage passed in 1990. 4) The Parks and Recreation Commission has reviewed and approved the development grant subject to ratification by the Oakland County Board of Commissioners and believe it to be in the County's interest to accept the grant. 5) This is not an ongoing grant and will not obligate the County to further commitments. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Caddell supported by Huntoon the resolution be adopted. Moved by Cadaell supported by Johnson tne Planning and Building Committee 'Report be accepted. A sufficient majority having voted therefor, the report was accepted. Vote on resolution: AYES: Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90239 By Finance Committee • IN RE: Central Services - Parks and Recreation - LYON ROOKERY ACQUISITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Oakland County Parks and Recreation Commission applied to the Department of Natural Resources Natural Trust Fund (MNRTF) for funds to acquire and preserve 768 acres of land in Lyon Township; and WHEREAS MNRTF has awarded the sum of money equal to 67% of The total cost, not to exceed $1,000,000 with Oakland County Parks and Recreation's share being $500,000 for a total project of $1,500,000; and and and 345 Commissioners Minutes Continued. October 11, 1990 WHEREAS acceptance of this grant does not obligate the County to any future commitment; and • • WHEREAS the Office of Corporation Counsel has reviewed the grant and approved it as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant in en amount not to exceed $1,000,000. BE IT FURTHER RES0eVE0 that the Chairperson of the Board is authorized to execute the agreement and to approve amendments to the agreement up to (15) fifteen percent variance from the original award which are consistent with the agreement as approved. Mr. Chairperson, on behalf of the Finance Commtitee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Report to the Finance Committee By Planning and BA -Wing Committee IN RE: Central Services - Parks and Recreation - LYON ROOKERY ACQLISITION The Planaing and Building Committee has reviewed the proposed grant and finds: 1) Oakland County Parks and Recreation is the recipient of funding from the Department of Natural Resources Natural Resources Trust Fund (MNRTF) for the acquisition of 768 acres of land on a thirty-three (33) percent matching basis in a maximum obligation of 1500,000 of the total project • cost of $1,500,000. 2) The project consists of the purchase and preservation of meadows, woodlands and wetlands in Lyon Township. 31 The County's match is funded from the Oakland County Parks and Recreation COMMisSiOR 1/4 millage passed in 19911. 4) The Parks and Recreation Commission has reviewed and approved the development grant subject to ratification by the Oakland County Board of Commissioners and believe it to be in the County's interest to accept the grant. 5) This is not an ongoing grant and will not obligate the County to further commitments. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Moved by Caddell supported by Richard Kuhn the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Richard Kuhn the resolution be adopted. . AYES: Calandro, Chester, Crake, Ferrens, euntoon„ Jensen, Johnson, R. Kuhn, McConnell, McPherson, Moffitt, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Biseoe, Caddell. (19) NAYS: None. () . A sufficient majority having vetted therefor, the resolution was adopted- Misc. 90240 By Finance Committee IN RE: Central Services - Parks and Recreation - ORION OAKS BEACH DEVELOPMENT GRAKT To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution '89105, the Oakland County Parks and Recreation Commission applied to the Department of Natural Resources Natural Trust Fund (MNRTF) for funds to construct a beach facility; and WHEREAS MNRTF has awarded the sum of money equal to 75Z ef the total cost, not to exceed $195,000 with Oakland County Parks and Recreation's share being $65,000 for d total grant of $260,000; and WhEREAS acceptance of this grant toes not obligate the County to any future commitment; WHEREAS the Office of Corporation Counsel has reviewed the grant and approved it as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant in an dement not to exceed $195,000. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the grant agreement and to approve amendments to the agreement up to (15) fifteen percent variance from the original award which are consietent with the agreement as approved. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson and and and 346 Commissioners Minutes Continued. October 11, 1990 Report to the Finance Committee By Planning and Building Committee • • IN RE: Central Services - Parks and Recreation - ORION OAKS BEACH DEVELOPMENT GRANT The Planning and Building Committee has reviewed the proposed grant and finds: 1) Oakland County Parks and Recreation is the recipient of funding from the Department of Natural Resources Natural Resources Trust Fund (MARTF) for the construction of a beach facility on a twenty-five (25) percent matching basis in a maximum obligation of $65,004 of the total project cost of $260,000. 2) The development project consists of tee construction of a beach facility and roadways, installation of docks and shelters, and landscape and plant restoration. 3) The County's match is funded from the Oakland County Parks and Recreation Commission 1/4 millage passed in 1990. 4) The Parks and Recreation Commission has reviewed and approved the development grant subject to ratification by the Oakland County Board of Commissioners and believe it to be in the County's interest to accept the grant. 5) This is not an ongoing grant and will not obligate the County to further commitments. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing report. Moved by Caddell supported by Richard Kuhn the Planning and Building Committee Report be . accepted. A sufficient majority having voted tflerefor, the report was accepted. Moved by Caddell supported by Crake the resolution be adopted. AYES: Chester, Crake, Ferrens, Gosling, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt, Pappageorge, Price, Rewold, SKarritt, Wolf, Aaron, Bishop, Caddell, Calandrc. (20) NAYS: None, (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90241 By Finance Committee IN RE: Circuit Court/Friend of the Court - 'VOICE RESPONSE UNIT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS a Voice Response Unit was requested by the Friend of the Court to assist in handling over 70,000 phone calls the division receives each year; and WHEREAS a Voice Response Unit would also be needed to implement electronic fund transfer which would eliminate the processing of over 1,500 checks per day; and WHEREAS funding for a Voice Response Unit in the amount of $90,000 was approved on December 14, 1989, by the Board of Commissioners in the 1990-1991 Adopted Biennial Budget; arid WHEREAS a Voice Response Unit was also approved for 190,000 in the 1990 Cooperative Reimaursement Program Contract so long as the funds are expended by December 31, 1990; and WHEREAS the Computer Users Advisory Committee (CUAC) approved the purchase of a Voice Response Unit on September 25, 1990. NON THEREFORE BE IT RESOLVED the following amendments be made to the 1990 Adopted Budget as follows: Friend of the Court • 4-21500-312-01-00-3127 Budgeted Projects $ (90,000) 4-21500-312-01-00-6360 Computer Svs.-Operations 90.000 $ -0- PLANNING AND BUILDING COMMITTEE Computer Services 3-63600-181-01-00-2037 Budgeted Revenue 4-63600-183-01-00-3340 Equipment $ 90,000 90.000 $ -0- BE IT FURTHER RESOLVED that six months after -implementation, the Computer Users Advisory Committee report back to the Finance Committee their findings en the Voice Response System, Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G, William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. 347 Commissioners Minutes Continued. October 11, 1990 . AYES: Crake, Ferrens, Gosling, Huntoon, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt, Pappageerge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester. (20) NAYS.; None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90242 By Finance Committee IN RE: Drain Commissioner - CONSOLIDATION OF REVOLVING FUNDS TO the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS there currently exists a Drain Revolving Fund, a take Improvement Revolving Fund, a Lake Level Advance Fund, and a Dam Replacement Revolving Fund which were established for Drain Commissioner projects; and WHEREAS each fund'represents a particular type of activity and was created to finance project expenses which are repaid with assessment revenue; and WHEREAS depending on the level of activity, some of these funds can experience a negative cash balance while the others maintain a positive cash balance; ane WHEREAS consolidating these funds would maintain an overall positive cash balance in one fund, as well as provide more flexibility to the Drain Commissioner and reduce the number of financial reports; and WHEREAS the aggregate funding level authorized by the Board of Commissioners for all four funds is $1,325,000- WHEREAS present authorizing requirements specified in Miscellaneous Resolution #86131 will continue, i.e., funding to pay for the initial costs of repair, reconstruction, or replacement of dams shall be authorized by resolution of the Board of Commissioners for proceedings under the Inland Lake Level Act, repayments te be made by special assessment against the property owners or municipalities in the assessment district established pursuant to the statute. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners autlorizes the consolidation of the Drain Revolving Fund, the Lake Improvement Revolving Fund, the Lake Level Advance Fund, and the Dam Replacement Fund and authorizes the transfer from each fund of the existing assets, liabilities, and fund equity into the consolidated fund, Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairpereon Moved by Caddell supported by Johnson the resolution be adopted. AYES; Ferrens, Gosling, Huntoon, Johnson, R. Kuhn, Owen, McConnell, McPherson,. Moffitt, Oaks, Pappaporge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake. (22) • NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90243) By Personnel Committee IN RE: Department of Institutional and Human Services/CMH - GERIATRIC OUTPATIENT SERVICES EXPANSION To the Oakland County Board of Commissioners . Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Personnel Committee. I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Misc. 90243 By Finance Committee IN RE: Department of Institutional and Human Services/Community Mental Health - GERIATRIC OUTPATIENT SERVICES EXPANSION To the Oakland County Board of Commissioners Mr. Cha:rperson. Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Community Mental Health Board applied to the Michigan Department of Mental Health for 69 separate program enhancement requests; and WHEREAS one request was to expand Geriatric Mental Health Services to provide "active treatment" services in nursing homes as mandated by Omnibus Budget Reconciliation Act (0.8,R.A.) evaluation procedures; and Commissioners Minutes Continued. October 11, 1990 348 WHEREAS the annual cost of this expansion equals $589,546, of which $476,867 is the State match, $59,994 is Federal Medicaid and $52,955 is County contribution; and WHEREAS the cost for tne balance of 1990 equals $164,309 of which $133,090 is State. match, $16,431 is Federal Medicaid, and $14,785 is County contribution; and WHEREAS funds are available in the 1990 Community Mental Health budget to cover that portion of the cost, the 1991 expansion will be built into the 1991 Executive Recommended Budget Amendments; and WHEREAS ten (10) additional governmental funded positions are required to facilitate this expansion, requiring the approval of the Personnel Committee; and WHEREAS this expansion includes additional computer equipment (one PC), which has received CbAC approval; and WHEREAS acceptance of this program does not obligate the County to any future commitment. NOW THEREFORE BE IT RE50LVED that the Oakl4nd County Board of Commissioners accepts the Geriatric Outpatient Services Expansion as approved by the Michigan Department of Mental Health. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners create ten (10) governmental funded positions within the Geriatric Serv -;ces Unit (#166-36) of the Community Mental Health Division as follows: (1) Staff Psychiatrist (1) Office Leader (1) Casework Supervisor (1) Clerk III (5) Mental Health Clinician (1) Typist ] BE IT FURTHER RESOLVED that position continuation be dependent upon sufficient state funds to cover their portion of the personnel cost. BE IT FURTHER RESOLVED that the following amendments to the 1990 Community Mental Health Budget be made: Revenue 3-22200-166-01-00-2589 State Matching Paymerts $133,090 . 3-22200-166-01-00-2528 Reimbursement Medicaid 16,431 $149,521 LETI ses 4-22200-166-36-00-1001 Salaries $ 80,5E0 4-22200-166-36-00-2070 Fringe Benefits - 32,423 4-22200-166-36-00-3041 Clinical Services 5,750 4-22200-166-36-00-3042 Client Services 7,500 4-22200-166-36-00-3046 Consultant 4,250 4-22200-166-36-00-3412 Insurance 1,653 4-22200-166-36-00-3514 Membership, Dues 3 Pub. 125 4-22200-166-36-00-3574 Personnel Mileage 1,250 4-22200-166-36-00-3735 Testing Services 50 4-22200-166-36-00-3747 Transportation - client 250 4-22200-166-36-00-3752 Travel and Conference SO 4-22200-166-36-00-4528 Drugs 875 4-22200-166-36-00-4592 Medical Supplies 25 4-22200-166-36-00-4898 Office Supplies 75 4-22200-166-36-00-4909 Postage 5 4-22200-166-36-00-5993 Computer Equipment 2,200 4-22200-166-3E-00-5994 Furniture & Fixtures 14,124 4-22200-166-36-00-6310 Bldg. Space Allocation 2,787 4-22200-166-36-00-6311 Maintenance Dept. Charges 2,000 4-22200-166-36-00-6640 Equipment Rental 500 4-22200-166-36-00-6641 Convenience Copier 275 4-22200-166-36-00-6670 Stationary Stock 1,000 4-22200-166-36-00-6672 Print Shop 125 4-22200-166-36-00-6750 Telephone Communication 4,300 4-22200-166-01-00-6360 Computer Services Operations 2,157 4-22200-166-01-00-3210 Appropriation Contingency (14,788) $149,521 $ -0- Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE UMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Pappageorge the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Pappageorge the resolution be adopted. 349 Commissioners Minutes Continued. October 11, 1990 AYES: Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens. (23) NAYS: None. (0) 'A sufficient majority having voted therefor, the resolution was adopted. Report (Misc.190125) • By General Government Committee IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted. . Mr. Chairperson, on behalf of the General Government Comittee, I move the acceptance of the foregbing report. wee. 90125 By Commissioner Ferrens IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the major portion of county buildings have been designated as non-smoking areas in recognition of the health hazards cauaec by smokin9; and WHEREAS it is unlawful for miners to purchase tobacco products in the State of Michigan, but vending machines provide no safeguards from preventing children from buying cigarettes, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby direct the Oakland County Executive to tae necessary action to immediately remove all cigarette vending machines from County property. Mr. Chairperson, I move the adoption of the foregoing resolution. James D. Ferrens, Commissioner Dist. #7 Lawrence Pernick, Donald E. Bishop, Roy Rewold, Donald Jensen, A. Madeline Luxon, Ruth A. Johnson, Donna R. Huntoon, Hubert Price, Jr., Rue] E. McPherson Fiscal Note (Misc. 90125) By Finance Committee IN RE: BANNING CIGARETTE VENDING MACHINES ON COUNTY PROPERTY To the Oakland County Board of Commissioners Kr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous .Resolution #90125 and finds: 1) Vend-a-Matic, Inc., is under contract with Oakland County for placement of vending machines on county property, six of which are cigarette machines; additionally, Parks and Recreation, through Oaks Management contracts for three cigarette machines. 2) The Vend-A-Matic contract is for the period June 4, 1989 through June 3, 1994 with the rates of commission on gross sales increasing from 13.5% to 15.5% over that period. 3) A change in the terms of the contract may require a renegotiation of the contract terms which could include additional food machines, 4) For the period of June 1989 through May 1990 total sales of $340,353 resulted in commizeion of $45,948 or 13.5Z of sales; Sales of cigarettes comprised $22,4E3 (6,6%) resulting in commissions of $3,050. 5) Revenues for Commissions-Vending Machines is recorded in Food SerVices 1990-1991 Adopted Budget in the amount of $42,000 for 1990 and $44,000 for 1991, 6) The revenue loss from cigarettes is anticipated to be offset by an increase in revenue from the sales from other products. Therefore, no budget amendments are requested at this time. FIRANCE COMMITTEE G. William Caddell, Chairperson Moved by Skarritt supported by Aaron the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Skarritt supported by Bishop the resolution be adopted. AYES: Huntoon, Jensen, Johnson, R. Kuhn, Luxon, MaConoell, McPherson, Moffitt, Oaks, Pappageoree, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling. (22): • WS: Calandra. (1) A sufficient majority having voted therefor, the resolution was adopted. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Commissioners Minutes Continued. October 11, 1990 350 Misc. 90244 By Personnel Committee IN RE: STANDARDS OF CONDUCT FOR OAKLANU COUNTY OFFICERS AND EMPLOYEES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS every citizen is entitled to complete confidence in the integrity of his government; and WHEREAS those individuals who administer and deliver public services must adhere to high standards of conduct, in keeping with the public trust and fiduciary responsibility inherent in all public service positions; and WHEREAS the public ,fudees its government by the manner in which employees and officials conduct themselves in the performance of their duties; and WHEREAS County employees and officials must be impartial and responsive to the people and even the appearance of impropriety must be avoided; and WHEREAS the Oakland County Board of Commissioners desires to reaffirm its position that all public officers, employees, and servants, including all Oakland County elected and appointed officials and employees, are bone by certain ethical standards of conduct such as those derived from applicable statutes and published in the attached Standards of Conduct for Oakland County Officers and Employees; and WHEREAS the attached Standards of Conduct for Oakland County Officers and Employees represents basic expectations and should not be construed as being all inclusive or relieving any person of further personal, meral. and/or legal responsibility under state law or professional cedes of responsibility; and - WHEREAS individual department directors and managers may develop policies consistent with the attached Standards of Coeduct with ethical concerns related to their particular departmental operations. Department directors, managers, and supervisors may not waive, or authorize any person to engage in conduct contrary to any applicable ethical standard and/or engage in any potential. conflict of interest. NOW THEREFORE BE IT RESOLVED that..tbe Oakland County Board of Commissioners hereey. reaffirms and publishes such applicable Standares of Conduct for Oakland County Officers and Employees. BE IT FURTHER RESOLVED that violation of the attached Standards of Conduct fer Oakland County Officers and Employees may be considered as cause for which employees may be disciplined or discharged under applicable law, suffer other possible County or professionally imposed sanctions and/or possible criminal penalties under State law. BE IT FURTHER RESOLVED that the Personnel Department shall undertake appropriate steps to inform and orient current and new employees regarding the required Standards of Conduct. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandro, Chairperson STANDARDS OF CONDUCT FOR OAKLAND COUNTY OFFICERS AND EMPLOYEES I. A public officer or employee shall not divulge to an unauthorized person, confidential information acquired in the course of employment in advance of the time prescribed for its authorized release to the public. 2. A public officer or employee shall not represent his or her personal opinion as that of an agency. 3. A public officer or employee shall use personnel resources, property, and funds under the officer or employee's official care and control judiciously and solely in accordance with prescribed constitutienal, statutory, and regulatory procedures and not for personal gain or benefit. 4. A public officer or employee shall not solicit or accept a gift or loan of money, goods, services, or other thing of value for the benefit of a person or organization, other than the County, which tends to influence the manner in which the public officer or employee or another public officer or employee performs official duties. S. A public officer or employee shallnot engage in a business transaction in which the public officer or employee may profit from his or her official position or authority or benefit financially from confidential information which the public officer or employee has obtained or may obtain by reason of that position or authority. Instruction which is not done during regularly scheduled working hours, except for annual leave or vacation time shall not be considered a business transaction pursuant to this Subsection if the instructor does not have any direct dealing with or influence on the employing or contracting facility associated with his or her course of employment with this County. 6. Except as otherwise provided by State law, a public officer or employee shall not engage in or accept employment or render services for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the officer or employee's official duties or when that employment may tend to impair his or her independence of judgment or action in the performance of official duties. 351 Commissioners Minutes Continued. October 11, 1990 7. Except as otherwise provided by State Law, a public officer or employee shall not participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity in which the public officer or employee has a financial or personal interest, 8. No public servant shall be a party, directly or indirectly, to any contract between himself and the public entity of which he is an officer or employee, except as provided by State law. 9. No public servant shall directly or indirectly solicit any contract between the public entity of which he is an officer or employee, and (a) himself; (b) any firm (meaning a co-partnership or other unincorporated association) of which he is a partner, member, or employee; (c) any private corporation in which he is a stockhelder owning more than I% of the total outstanding stock of any class where such stock is not listed on a stock exchange or stock with a present total market value in excess of $25,000.00 where such stock is listed on a stock exchange or which he is a director, officer or employee; or (d) any trust of which he is a beneficiary or trustee; nor shall he take any part in the negotiations for such a contract or the renegotiation thereof or amendment thereto or in the approval thereof; nor shall he represent either party in the transaction; except as provided by State law. Moved by Calandro supported by Gusling the resoluticn be adopted. • AYES: Jensen, Johnson, R. Kuhn, Luxor., McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens; Gosling, Hunt000. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolutiun was aeopted. Report (Misc. 89323) By Personnel Committee IN RE: ET)IICS CODE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee has reviewed the above referenced resolution and reports that the purpose and intent of the resolution has been met in the resolution entitled Standards of Conduct for Oakland County Officers and Employees. Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. Misc. 89323 . By Commissioners Law and Gosling IN RE: ETHICS CODE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS since the inception of the Optional Unified Form of Government (Act 139) in 1974, Oakland County has grown from a population of approximately 950,000 to an estimated 1.1 million, and the County's annual budget has grown from $49 million to over $295 million; and WHEREAS such rapid growth and expansion has vastly enlarged the nature of government activities and has simultaneously created circumstances for which there is no policy or precedential rule; and WHEREAS Oakland County's present rules of procedure are fragmented among various policies of the Board of COMmissioners, Departmental Rules, Purchasing Policies, the Merit System and a myriad of statutes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby direct the Personnel Department to formulate a comprehensive Code of Ethics for all County Employees, and Appointed and Elected officials in conjunction with Corporation Counsel and the Prosecutor's Office. BE IT FURTHER RESOLVED that such Code of Ethics include extensive provision for preclusion of conflict of interest and potential conflict of interest, prohibition of contracting with, doing business with, or as acting agent for any person or entity doing business with the County, profiting from inside information, and shall stringently reinforce the provision of the Oakland County Merit System. BE IT FURTHER RESOLVED that the intent of the Board of Cemmissioners in the passage of this resolution is to establish a comprehensive Ethics Code which will provide all government officials and personnel with the standares of conduct by which they are to perform their duties and PERSONNEL COMMITTEE John P. Calandro, Chairperson 352 Commissioners Minutes Continued. October 11. 1990 its applicability will be equal for all elected and appointed officials and county employees. Mr. Chairperson, we move the adoption of the foregoing resolution. Thomas A. Law, Commissfoner Dist. 026 Marilynn E. gosling, Commissioner Dist. 014 The Chairperson referred the resolution to the Personnel Committee. There were no objections. Misc. 90245 By Personnel Comnittee IN RE: County Executive Administration/Risk Management - CREATION OF ONE (I) PTE TYPIST I POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • WHEREAS the last clerical position added to the Risk Management Unit Was in February of 1989; and WHEREAS since that time a mandated medical cost containment program was implemented by the State of Michigan Worker's Compensation Bureau; and WHEREAS this program has added the dties of the reconciliation of several thousand medical billings per year by the Risk Management Unit; and WHEREAS internal controls were added to tne worker's compensation filing system which require added staff time but ensure more efficient and accurate reconciliation of medical bills; and WHEREAS tne requested position would assist with general clerical duties and with the increase in workload from the medical cost containment program. NOW THEREFORE BE IT RESOLVED that one (1) Proprietary one-half (1/2) funded part-time eligible Typist I position he added to the Risk Management Unit of the County Executive Administration. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. The Chairperson referred the resolution to tne Finance Committee. There were no objections. Misc. 90232 By Planning and Building Committee IN RE: Corporation Counsel - Real Estate Section: Parks and Recreation - PURCHASE OF PROPERTY ADJACENT TO PARK PROPERTY, 2880 Watkins Lake Road, Pontiac, Michigan 48054, Tax Sidemll No.; 13-24-126-004 (0.51 acres) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission is desirous of purchasing a residential home with 0.51 acres of land adjacent to Parks property on Watkins Lake Road; and WHEREAS said property is presently offered for sale through VIP Realty for $63,900.00; and WHEREAS the Oakland County Parks and Recreation Commission requested the assistance of Corporation Counsel, Real Estate Section, in the purchase of said property. coemonly known as 2880 Watkins Lake Road, Pontiac, Michigan, 48054, Tax Sidwell No. 13-24-126-004; and WHEREAS said property was appraised by Craig Fuller of Fuller Appraisal Service, and reviewed by Paul Stoppert, M.A.I., of Stoppert Appraisal Services, with an estimated market value of $57,500; and WHEREAS on•August 15, 1990, the Oakland County Perks and Recreation Commission approved the negotiation to purchase the property located at 2880 Watkins Lake Road at a sum not to exceed $61,000.00; and WHEREAS Ralph Richard, Manager Oakland County Parks and Recreation Commission, negotiated the purchase of property located at 2880 Watkins Lake goad, Waterford Township, for $61,000.00, subject to the approval of the Oakland County Board of Commissioners; and WHEREAS the Oakland County Parks and Recreation Commission recommends the purchase of this residence at mo Watkins Lake Road for future use and expansion; and WHEREAS the monies have been allocated for the acquisition of this subject property through the Parks and Recreation Commission, Land Acquisition Fund; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the purchase of property located at 2880 Watkins Lake Road, Pontiac, Michigan, 48054, Tax Sidwell No. 13-24-126-004, for the use by the Oakland County Parks and Recreation Commission in the sum of $61,000.00. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson PERSONNEL COMMITTEE John P. Calandro, Chairperson 4 ' .•n ,11 353 Commissioners Minutes Continued. October 11, 1990 !. Fiscal Note (Misc. 90232) By Finance Committee IN RE: Corporation Counsel - Real Estate Section - Parks and Recreation - PURCHASE OF PROPERTY r ADJACENT TO PARK PROPERTY, 2880 WATKINS LAKE ROAD, PONTIAC, MICHIGAN 48054, TAX S1DWELL NO. 13-24-126-004 10.51 ACRES) I r- TQ the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: I ) The Finance Committee has reviewed Miscellaneous Resolution 190232 and finds: 1) Oakland County Parks and Recreation Commission is desirous of purchasing a residential home adjacent to Park property on Watkins Lake Road. 2) Funds of $61,000 are available for the purchase in the 1990 -1951 Parks and Recreation Commission Land Acquisition fund, therefore, no budget amendments are required. FINANCE CCMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Hurtoon the resolution be adopted. AYES: Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt, Oaks, Pappaeeorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Cadeell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolutioe was adopted. Misc. 90231 By Planning and Building Committee IN RE: Corporation Counsel - LEASE WITH MAGNA CARTA INSTITUTE, INC. - 196 Oakland Avenue To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: -WHEREAS the County will have available vacant space at 196 Oakland Avenue upon tne move of the Prosecutor's Office, Child Services Division; and WHEREAS the County has received a request from the Magna Carta Institute, Inc., of Livonia, Michigan, to lease 700 square feet at 196 Oakland Avenue for a seven-month period from October 29, 1990, through May 31, 1991, contingent upon receipt of its funding from the Department of Social Services; and WHEREAS the Magna Carta Institute would utilize such space for conducting Job Readiness services and Motivational Enhancement training for Department of Social Services clients; and WHEREAS no renovations or special services would be needed from the County to accommodate such a use; and WHEREAS the lease is recommended by the Department of Public Works, Facilities Maintenance & Operations Division; and WHEREAS the attached Lease Agreement has been approved by the Department of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Lease Agreement with the Magna Carta Institute for 700 square feet at 196 Oakland Avenue, Pontiac, Michigan, to commence October 29, 1990, and end May 31, 1991, for the fixed rate of $4,000. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute said Lease Agreement. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Copy of Lease Agreement on file in County Clerk's Office. Fiscal Nate (Misc. 90231) By Finance Committee IN RE: Corporation Counsel - LEASE WITH MAGNA CARTA INSTITUTE, INC. 196 OAKLAND AVENUE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-B of this Board, the Finance Committee has reviewed Miscellaneous Resolution a90231 and finds: 11 Magna Carta Institute requested to lease 700 square feet of space for the period October 29, 1990 through May 31, 1991, 2) Payment of $4,000 (an average of $571/month) will be paid to Facilities Operations Division. 31 Budget amendments to the Facilities and Operations budget will be included in the 1991 County Executive Recommended Budget. FINANCE COMMITTEE G. William Caddell, Chairperson Commissioners Minutes Continued. October 11, 1990 354 Moved by Crake supported by Jensen the resolution be adopted. AYES: R. Kuhn, Luxon, McConnell, Moffitt, Oaks, Pappageorge, Perrick, Reweld, Skarritt, Wolf, Aaron, Bishop, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson. (19) NAYS: None. (D) A sufficient majority raving voted therefor, the resolution was adopted. Misc. 90219 By Planning and Building Committee IN RE; Corporation Counsel - Real Estate Section - Parks & Recreation - PURCHASE OF PROPERTY ADJACENT TO GROVELAND OAKS PARKS, GROVELAND TOWNSHIP, Tax Sidwell No. 02-15-402-001 To the Oakland County Board ot Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS the Detroit Edison Company owns property adjacent to County owned property in the Township of Groveland at Croveland Oaks Park; and WHEREAS the Detroit Edison Company has excess property and has offered tä sell 1.087 acres of land in Groveland Township to the County of Oakland through its Parks and Recreation Commissicn, and WHEREAS the Oakland County Parks and Recreation Commission requested the assistance of Corperation Counsel in purchasing 1.087 acres of land which is being offered by Detroit Edison Company; and WHEREAS an appraisal of the subject property was made by Fuller Appraisal Services; and WHEREAS Detroit Edison Company, through its corporation Real Estate Division (Syndeco Realty), has offered to sell this 1.087 acres to the County of Oakland for $6,000 based on their appraisal; and WHEREAS the appraisal which was completed by Fuller Appraisal Services-established a fair market value of $6,500; and WHEREAS the Oakland County Parks and Recreation Commission recommends the purchase of this property (Tax Sidwell No. 02-19 -402-001) with monies allocated from the Parks and Recreation Commission Land Acquisition Fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the purchase of 1.067 acres of land in Grcveland Township from the Detroit Edison Company adjacent to Groveland Oaks Parks for $6,000. Tax Sidwell No. 02-19 -402-001, for use by the Oakland County Parks and Recreation Commission. Mr. Chairperson, on behalf of the Planning and Building Committee, 1 move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Fiscal Note (Misc. 90219) By Finance Committee IN RE: Corporation Counsel - Real Estate Sectioe: Parks and Recreation - PURCHASE OF PROPERTI ADJACENT TO GROVELAND OAKS PARKS, GROVELAND TOWNSHIP, TAX SIONELL NO. 02-19-402-001 (1.087 acres) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Finance Committee has reviewed Miscellaneous Resolution #90219 and finds: 1) Oakland County Parks and Recreation Commission is desirous of purchasing 1.087 acres of 'land in Groveland Township. 2) Corporation Counsel, Real Estate Section, has negotiated the purchase of the property for $6,000. 3) Funds are available for the purchase in the 1990-1991 Parks and Recreation Commission Land Acquisition Fund therefore, no budget amendments are required. FINANCE COMMITTEE - G. William Caddell, Chairperson Moved by Crake supported by Johnson the resolution be adopted. AYES: Luxon, McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Rewold, Skarritt, Aaron, Bishop, Caddell, Calanero, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn. (21) NAYS: None. (0) ABSTAIN: Wolf. (1) A sufficient majority having voted therefor, the resolution was adopted. 355 Commissioners Minutes Continued. October 1/, 1990 Misc. 90246 By Planning and Building Committee IN RE: Drain Commissioner - JENSEN DRAIN - DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Drainage Board for the Jensen Drain, by resolution adapted on September 25, 1990, authorized and provided for the issuance of drain bonds in the aggregate principal amount of $995,000 to defray the cost of the Jersen Drain; and WeEREAS the bonds are to be designated Drain Bonds, are to be dated November 1, 1990, will bear interest at a rate or rates not exceeding 12%, and will not be subject to redemption prior to maturity; and WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a resolution pledging the full faith and credit of the County for the payment of the Drain Bonds; and WHEREAS the said drain project is necessary to protect and preserve the public health, and therefore, it is in the best interest of the County of Oakland that the said bonds be sold. HOW THEREFORE BE IT RESOLVED; 1. That pursuant to the authorization provided in Section 474 of the Drain Code of 1956, as amended, the Beard of Commissioners of the County of Oakland hereby pledges irrevocably the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the Jensen Drainage District Drain Bonds and agrees that, in the event any public corporation assessed shall fall or neglect to account to the County Treasurer of tee County of Oakland for tee amount of any special assessment installment and interest when due, the amount thereof shall be advanced immediately from the County funds, and the County Treasurer is directed to 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 an 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. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of tee foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Fiscal Note (Misc. 90246) By Finance Committee IN RE: Drain Commissioner - JENSEN DRAIN, DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of teis Board, the Finance Committee has reviewed Miscellaneous Resolution #90246 and finds: 1) The resolution authorized the issuance of drain bends with the County pledging its limited full faith and credit as the secondary obligor, and the City of Rochester Hills as the primary obligor. 2) The principal amount of tne bond issue is $495,000 at an interest rate not to exceed 3) The statutory limit for County debt is $2,576,598.537 (10% of 1990 State Equalized Value). As of August 31, 1990, the outstanding debt is $333,724,002 or approximately 1.3% of the S.E.V. 4) No budget amendments are necessary, FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Croke supported by Calandro the resolution be adopted. AYES; McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon„ Jensen, Johnson, R. Kuhn, Luxon. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90247 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM CITY OF LATHROP VILLAGE POLLUTION CONTROL FACILITIES EXTENSION NO. To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") and the City of Lathrup Village (the "City") have entered into the Evergreen and Farmington Sewage Disposal System Pollution Control Facilities 356 Commissioners Minutes Continued. October 11, 1990 City of Lathrup Village Extension No. 1 Contract dated as of January 1, 1990 (the "Contract"), 'pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 3421; and WHEREAS the Contract provides for the issuance of bonds by the County to defray the cost of acquiring and constructing the City of Lathrup Village Pollution Control Facilities, Extension No. 1 as part of the Evergreen and Farmington Sewage Disposal System, said bonds to be secured by the contractual obligation of the City to pay to the County amounts sufficient to pay the principal of and interest on the bonds and to pay such paying agent fees and other expenses as may be incurred on account of the bonds; and WKEREAS it is in the best interest of the County that the bonds be issued and the project be acquired and constructed. THEREFORE BE IT RESOLVED BY THE BOARD OF —COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows:. I. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the County aggregating the principal sum of Six Million Seventy-Five Thousand Dollars $6,075,000) shall be issued and said pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying part of the cost of acquiring and constructing the City of Lathrup Village Pollution Control Facilities, Extension No. 1 as part of the Evergreen and Farmington Sewage Disposal System. 2. BOND CETAILS. The bonds shall be designated Evergreen-Farmington Sewage Disposal System (City of Lethrup Vil1age Extension No. 1) Bonds; shall be dated December 1, 1990; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 _each or any integral multiple thereof not exceeding the aggregate principal amount for maturity at the option of the purchaser tnerecf; shall bear interest at a rate or rates not exceeding 12% per annum to be determined upon the sale thereof payable on May 1, 1991, and semiannually thereafter on the first days of May and November in each year; and shall mature on November 1 in each year as follows: 1991 $ 75,000 2001 ;300,000 1992 100,000 2002 400,000 1993 100,000 2003 400,000 1994 100,000 2004 500,000 1995 100,000 2005 500,000 1996 200,000 2006 500,000 1997 200,000 2007 500,000 199fl 200,000 2008 600,000 1999 300,000 2009 700,000 2000 300,000 3. PAYMENT OF PRINCPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bard as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registeree address. 4. PRIOR REDEMPT:ON. Bonds maturing prior to November 1, 2000, shall not be subject to redemption prior to maturity. Bonds maturing on and after November 1, 2000 shall be subject to redemption prior to maturity upon the terms and conditions set forth in the form of bond contained in Section 8 hereof. 5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an agreement with, a bond registrar area paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time as required designate a simarly qualified successor bond registrar and paying agent. 6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the county by the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and Authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bones. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer ofbonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of .interest as the surrendered bond. • I 357 Commissioners Minutes Continued. October 11, 1990 Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, Upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized derominatien of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new Pend pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: 'Payment of interest on this bond is in default. The last date to which interest has been paid is The County and the bond regtstrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be valid and effectual to satisfy and discharge the liability upon euch bond to the extent of the sums or sums so paid, and neither the Courty nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense. judgment oe liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. . The blond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 8. FORM OF BONDS. The bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND • EVERGREEN -FARMINGTON SEWAGE DISPOSAL SYSTEM (CITY OF LATHRUP VILLAGE EXTENSION NO. 1) BOND INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSP , . December 1, 1990 • Registered Owner: r — L The County of Oakland, State of Michigan (the 'County) acknowledges itself indebted to and for value received hereby promises to pay to the Registered Cwner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at in the city of Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first days of May and November in each year, commencing on May 1, 1991. Principal and interest are payable in lawful money of the United States of America. Tills bond is one of a series of bonds aggregating the principal sum of Six Million Seventy-Five Thousand Dollars ($6,075,000) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissieners.of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing the City of Lathrup Village Pollution Control Facilities, Extension No. 1 as part of the Evergreen and Farmington Sewage Disposal System. The bonds of this series are issued in anticipation of payments to be made by the City of Lathrup Village in the aggregate principal ameunt of six Million Seventy-Five Thousand Dollars (55.075,000) pursuant to a contract between the CoUnty and the City of Lathrup Village, dated as of January 1, 1990. The full faith and credit of the City of Lathrup Village have been pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit of the County have Principal Amount: Commissioners Minutes Continued. October 11, 1990 been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the City of Lathrup Village for toe payment of its obligations to the County are not sueject to limitation as to rate or amount. Taxes levied by the County to pay the principal of and interest on the bonds of this series are subject to constitutional tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that. purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any aethorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated aod delivered to the transferee in exchange therefor as provided in tee Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $e,000 or any integral multiple tnereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds -which have been selected for redemption. Bonds maturing prior to November 1, 2000, are not subject to redemption prior to maturity, Bonds maturing on and after November 1, 2000, are subject to redemption prior to maturity at the option of the County, in such order as shall be deteemined by the County, on any one or more interest payment dates on and after November 1, 1999. Bonds of a denomination greater than $5,0e0 may be partially redeemea in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond Galled to be redeemed plus interest to the date fixed for redemption and a premium as follows: 1% of the par value if called for redemption on or after eovember 1, 1999. but prior to November 1, 2e03; 0.5% of the par value if called for redemption on or after November 1, 2003, but prior to November 1, 2006; No premium if called for redemption on or after November 1, 2006. Not less than thirty days' 'notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of said County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF. the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bard registrar and paying agent. COUNTY OF OAKLAND (SEAL) By: By: County Clerk Chairmine—Board of Caimnissioners CERTIFICATE OF AUTENTeCAON This bond is one of the bonds eescribea iH n tre witniTInmentioned resolution. gOnd Registrar and Paying Agent Bye' Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and eppoint • Attorney te.transfer the within bond on the books _kept for registration 'thereof, with full power of substitution in the premises. Dated: Signature Guaranteed The signature must be guaranteed by a commercial bank, a trust company or a brokerage firm which is a member of a major stock exchange. 9. SECURITY. The bonds shall be issued in anticipation of payments to be made by the City pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit 358 359 Commissioners Minutes Continued. October 11, 1990 pledge made by the City in the Contract pursuant to the .authorization contained in Act 342. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the beds as the same shall become due. If the City shall fail to maKe payments to the County which arc sufficient to pay the principal of and interest on the bonds as the same shall become due, an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 10. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be Kept in a separate benk.account. From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchaser of the bones at the time of delivery of the same plus such additional amount as shall be necessary to pay the interest on the bonds on May 1, 1991. All payments received from the City pursuant to the Contract as amended are pledged for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. 11. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in i construction fund and used to acquire and construct the City of Lathrup Village Pollution Control Facilities, Extension No. I in accordance with the provisions of the Contract. 12. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM PRIOR APPROVAL. The issuance and sa e o . the bonds Sne I be subeect to permission being granted therefor by the Department of Treasury of the State of Michigan or an exception from prior approval being granted by the Department of Treasury and the County Drain Commissioner and the County Treasurer are each hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an Obligation with respect -to.the bonds and to pay, upon the filing of said notice, the filing fee of $400. If an exception from prior approval is not granted the County Drain Commissioner or the County Treasurer shall make application to the Department of Treasury for permission to issue and sell the bonds as provided ey the terms of this resolution and for approval of the form of Notice of Sale. 13. REDUCTION OF PRINCIPAL AMOUNT OF BOND ISSUE. If the County Drain Commissioner shall determine that it is not necessary to sell ponds in the principal amount of Six Million Seventy-Five Thousand Dollars ($6,075,002), he may by order reduce the principal amount of bonds to be sold to that amount deemed necessary. In the event the principal amsent of the bond issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of bends maturing in any one or more years-as necessary. 34. SALE. ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain Commissioner is authorized to prescribe t orm of notice of sale for the bonds, to sell the bonds at not less than 982 of par plus accrued interest in accordance with the laws of this state and to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this resolution. The County Drain Commissioner is authorized to cause the preparation of an effitial statement for the bonds for purposes of compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to comply with the Rule. After the award of the bonds, the County will provide copies of a 'final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 15. TAX COVENANT. The County covenants to coeply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Drain Commissioner and other appropriate County officials are authorized to do all things necessary (including the making of covenants of the County) to assure that the interest on the bones will be and will remain excludable from gross income for federal income tax purposes. 16. CeNfLICT1NG RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewithare rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee; I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMKITTEE Larry Crake, Cnairperson Fiscal Note (Misc. 90247) By Finance Committee IN RE: Drain Commissioner - RESOLUTION TO AeTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE COST OF EVERGREEN - FARMINGTON SEWAGE DISPOSAL SYSTEM CITY OF LATHRUP VILLAGE POLLUTION CONTROL FACILITIES EXTENSION NO. I To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule X1-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90247 and finds: 1) The resolution authorizes the issuance of tax-exempt Act 342 bonds with the County pledging its limited full faith and credit as the secondary obligor. 2) The City of Lathrup Village is the primary obligor pledging unlimited full faith and credit as approved by a vote of the people. 350 Commissioners Minutes Continued. October 11, 1990 3) The principal amount of the bond issuance is $6,075,000 at an interest rate not to exceed 122. . 4) The statutory limit for County deut is $2,576.598.537 (10% of 1990 State Equalized Value). As of September 30, 1990, the outstanding debt is 5332,324;002, or approximately 1.3% of the S.E.V. 5) No budget amendments are necessary. FINANCE COMMITTEE G. Will:am Caddell, Chairperson Moved by Crake supported by Calancro the resolution be adopted. AYES: McConnell, McPherson, Moffitt, Oaks, Pappageorge, Perniek, Price, Rewold, Skarritt, Aaron, Bishop, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon. (2l) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90248 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE LOST OF EYERGREEN-FARMINOTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES -- AMY RELIEF SEWERS TO the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the 'County") and the City of Auburn Hills, the City of Bloomfield Hills and the Township of Bloomfield have entered into the Evergreen-Farmington Sewage Disposal System Pollution Control Facilities Amy Relief Sewers Contract dated as of September 1, 1987, amended by Amendment No. 1 to evergreen-Farmington Sewage Disposal System - Pollution Control. Facilities - Amy Relief Sewers Contract dated as of July 1, 1989 (the "Contract"), pursuant to the provisions of Act No. 342, Public Acts of Michigan. 1935, as amended ('Act 342"); and WHEREAS the Contract provides for the issuance of bonds by the County to defray all or part of the cost of acquiring and constructing improvements to the Evergreen-Farmington Sewage Disposal System - Pollution Control Facilities - Amy RCief Sewers (the "Prcject"), said bonds to be secured by the contractual obligations of those muriclpalities on whose behalf the bonds are issued to pay to the County amounte sufficient to pay the principal of and interest on the bonds and to pay such paying agent fees and other expenses as may be incurred on account of the bonds; and • WHEREAS, the County has been informed that the City of Auburn Hills will pay its share of the cost of the Project by cash contribution, the City of Bloomfield Hills will finance its share of the cost of the Project through the issuance of County bonds Mid the Township of Bloomfield will pay part of its share of the cost of the Project by case contribution and will ,finance the balance thereof through the issuance of County bonds; and WeEREAS it is in tne best interest of the County that the bonds be issued and the project be acquired and constructed. THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows; 1. AUTHORIZATION OF 80N05 - PURPOSE. Bonds of the County aggregating the principal sum of Three Million Four Hundred Twenty-Fire Thousand Dollars (11,425,000) shall be issued and sold pursuant to the provisions of Act 342, and other aoplicable statutory provisions, for the purpose of defraying part of the cost of acquiring and constructing the Project. 2. BOND DETAILS. The bonds shall be designated Evergreen-Farmington Sewage Disposal System Bonds (Amy Relief Sewers); shall be dated December 1, 1990; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 12% per annum to be determined upon the sale thereof payable on May 1, 1991, and semiannually thereafter on the first days of May and November in each year; and shall mature on May 1 in each year as follows: 1991 $ 50,000 2901 5150,000 1992 76,000 2002 200,000 1993 100,000 2003 200,000 1994 100,000 2004 250,000 1995 100,000 2005 150,000 1996 150,0e0 2006 3010,000 1997 150,0e0 2007 300,000 - 1998 150,000 2008 300,000 1999 150,000 2009 300,000 2000 15e,000 3. PAYMENT 0F PRINCIPAL AND INTEREST. The principal of and interest pn the bonds shall 361 Commissioners Minutes Continued- October 11, 1990 be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each Dond as shown on the registration books it the close of business on tele 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address, rn 4, PRIOR REDEMPTION. Bonds maturing prior to May 1, 2000, shall not be subject to redemption prior to maturity. Bonds maturing on and after May 1, 200D shall be subject to ; redemption prior to maturity upon the terms and conditions set forth in the form of nond contained in Section El hereof, 5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or 4 , trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time as required designate a similarly qualified successor bend registrar and paying agent. rl 6. EXECUTIDN, AUTHENTICAT:ON AND DELIVERY OF BONDS. The bonds shall be executed in the 1 . name of the County by the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a faeaimile thereof) shall he impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the I original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and upon wnich the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the nond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond 1 registrar and paying agent shall indicate on each bond the date of its authentication. 7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar • and paying agent duly executed by the registered owner or his duly authorized attorney, at the I option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bend shall be transferable only upon the books of the County, which shall be kept for that purpose by' the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. .. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee . a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paring agent shall endorse upon the new bond the following: 'Payment of interest on this bond is in default. The last date to which interest has been paid is The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of L. and interest on such bond and for all other purposes, and all payments made to any suc)i registered owner, or upon his order, in accordance witn the provisions of Section 3 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sun or sums so paid, and neither the County nor the bond registrar ane paying agent shall he affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying e. agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so 'treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 8. FORM OF BONDS. The bonds snail be in substantially the following form: LNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND EVERGREEN-FARMINGTON SEWAGE DISPOSAL . . • SYSTEM BONDS (AMY RELIEF SEWERS) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP - Deceeiber 7, 1190 362 Commissioners Minutes Continued. October 11, 1950 Registered Owner: Principal Amount: • The County of Oakland, State of Michigan (the 'County) acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at in the city of Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on tee leth day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon arid mailed by the bond registrar and paying agent by first class marl postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall nave been paid until the County's obligation with respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first days of May anC November in each year, commencing on May 1, 1991. Principal and interest are payable in lawful money of the United States of America. This bond is one of a series of bonds aggreeating the principal sum of Three Million Four Hundred Twenty-Five Thousand Dollars ($3,425,000) issued by the County under and pursuant to and in .full conformity with the Constitution and Statutes oe Michigan (especially Act No, 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County [the "Resolution') for the purpose of defraying part of the cost of acquiring and constructing improvements to the Evergreen -Farmington Sewage Disposal System - Pollution Control Facilities - Amy Relief Sewers. The bonds of this series are issued in anticipation of payments to be made by the City of Bloomfield Hills and the Township of Bloomfield in the aggregate principal amount of Three Million Four Hundred Twenty-oFive Thousand Dollars ($3,425,000) pursuant to a contract between the County and the City of Bloomfield Hills, the City of Auburn Hills and the Township of Bloomfield dated as of Septemeer 1, 1987, as amended. The full faith and credit of the . City of Bloomfield Hills and the Township of Bloomfield have been pledged to the prompt payment of their respective shares of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit of the County have been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the City of Bloemfield Hills, the Township of Bloomfield and the County to pay the principal of and interest OR the bonds of this series. are subject to constitutional tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer ofthis bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding tne aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. Bonds maturing prior to May 1, 2000, are not subject to redemption prior to maturity. Bonds maturing on and after May 1, 2000, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after May 1, 1999. Bonds of a denomination greater than $5,000. may be -partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: 1% of the oar value if called for redemption on or after May 1, 1999, but prior to May 1, 2003; 0,5% of the par value if called for redemption on or after May 1, 2003, but prior to May 1, 2006; No premium if called for redemption on or after May 1, 2006. Not less than thirty days notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared tnat all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of said County, including the series of bonds of which this bond is one, By; By: Chairman, Board of CommissiOners Ott(—U'li.re 363 Commissioners Minutes Continued. October 11, 1990 does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND (SEAL) CERTIFICATE OF AUTHENTICATION Bond RegistaaT By: Authorized AUTHENTICATION and Paying Agent Representative DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (please print or type name, address and taxpayer identification number of transferee) tle—WfiETFt bond and all rights thereunder and does hereby irrevocably constitute and appoint aattorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Elated: SignatiRTUaranteed The signature must be guarantee by a commercial bank, a trust company or a brokerage firm which is a member of a major stock exchange. 9. SECURITY. The bonds shall be issued in anticipation of payments to be made by the City of Bloomfield Hills and the Township of Bloomfield (collectively, the 'Obligors") pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit pledge made by the City in the Contract pursuant to the authorization contained in Act 342. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds as the same shall become due. If the City shall fail to make payments to the County which are sufficient to pay the principal of and interest on the bonds as the same shall become due, an amount sufficient .to pay the deficiency shall be advanced from the general fund of the County. 10. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the same. All payments received from the Obligors pursuant to the Contract are pledged for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal And Interest Fund. 11. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund and used to acquire and construct improvements to the Evergreen-Farmington Sewage Disposal System - Pollution Control Facilities, Amy Relief Sewers in accordance with the provisions of the Contract. 12. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM PRIOR APPROVAL. The issuance and sa e of the, bones s le sutaect to permission .eing granted thereby the Department of Treasury of the State of Michigan or an exception from prior approval being granted by the Department of Treasury and the County Drain Commissioner and the County Treasurer are each hereby severally authorized to file with the Department Of Treasury a Notice of Intent to Issue an Cbligatiee with respect to the bonds ind to pay, upcm the filing of said apiece, tte filing fee of Plft. If an eaception from prior awl-lanai is not granted the CAFAY Drain Ummessiorer or the Comta Treasurer shall make applicetico to the Depattment of_Treasury-aoa permission to. issue and sell the bonds as provided 11 the terms of this resolution and for approval of the form of Notice of Sale. 13. REDUCTION OF PRINCIP AL AMOUNT OF BOND ISSUL If the County Drain Commissioner shall determine that ioi .osei:Ionditisr principal amount of Three Million Four Hundred Twenty-Five Thousand Dollars ($3,425,000), he may by uraer reduce the principal amount of bands to be sold to that amount deemed necessary. In the event the principal amount of the bond Issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of bonds maturing in any one or more years as necessary. 14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain Commissioner is authorized to prescriee t e orm o notice o sa e or the bonds, to sell the bonds at not less than 98% of par plus accrued interest in accordance with the laws of this state and to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this resolution. The County Drain Commissioner is authorized to cause the preparation of an official statement for the bonds for purposes of compliance with Rule '.5c2-12 issued under the Securities 1, exceed Value) S.E.V. Commissioners Minutes Continued. October 11, 1990 Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to comply with the Rule, After the award of the bonds, the County will provide copies of a "final official statement (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Menicipal Securities Rulemaking Board. 15. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Drain Commissioner and other appropriate County officials are authorized to do all, things necessary (including the making of covenants of the County) to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 16. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution, Fiscal Note (Misc. 90248) By Finance Committee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLLTIOR CONTROL FACILITIES - AMY RELIEF SEWERS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90248 and finds: 1) The resolution authorizes the issuance of tax-exempt Act 342 bonds with the County pledging its limited full faith and credit as the secondary obligor. 2) The City of Bloomfield Hills and Township of Bloomfield are the primary obligors' pledging limited full faith and credit. 3) The principal amount of the bond issuance is $3,425,000 at an interest rate not to 12%. 4) The statutory limit As of September 30, 1993, 364 PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson for County debt is $2,576,598,537 (10% of 1990 State Equalized the outstanding debt is $332,324,0C2 or approximately 1.3% of the 5) No budget amendments are necessary. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Calandro the resolution be adopted. ,AYES: McConnell, McPherson, Moffitt, Oaks, Pappageerge, Pernick, Price, Rewold, Skarriti, Aaron, Bishop, Calandro, Chester, Crake, Ferrens, Gosir, Huntoon, Jensen, R. Kuhn, Luxon. (21) NAYS: None. (0) A sufficient majority havieg voted therefor, the resolution was adopted. Misc. 90249 By Planning and Building Committee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES --PERMANENT METER INSTALLATION AND INTERCEPTOR REHABILITATION IMPROVEMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the 'County") and the City of Auburn Hills, the Village of Beverly Hills, the Village of Bingham Farms, the City of Birmingham, the Township of Bloomfield, the City of Bloomfield hills, the City of Farmington, the City of Farmington Hills, the Village of Franklin, the City of Keego Harbor, the City of Lathrup Village. the City of Orchard Lake Village, the City of Southfield, the City of Troy and the Charter Township of West Bloomfield have entered into the Evergreen and Farmington Sewage Disposal Systems Intermunicipal Contract Concerning Wastewater Treatment and Pollution Control Projects dated as of September 30, 1989 (the 'Contract"), pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342"); and WHEREAS the Contract erovides for the issuance of bonds by the County to defray all or part of the cost of permanent meter and interceptor rehabilitation improvements as set forth in the Contract (the "Project"), said bonds to be secured by the contractual obligations of those municipalities on whose behalf the bonds are issued to pay to the County amounts sufficient to pay the principal of and interest on the bonds and the pay such paying agent tees and other expenses as may be incurred on account of the bonds; and -1 365 Commissioners Minutes Continued, October 11, 1990 WHEREAS the description of the improvements has been revised to reflect an increase in the number of permanent sanitary sewage meters as set forth in revised Exhibit C-1 dated September 14, 1990, attached hereto, and the cost cf the improvements described on said revised Exhibit C-1 (the 'Project") has been revised as set forth in revised Exhibits D and E, each of which is dated September 14, 1990, and is attached eereto: and WHEREAS the County has been informed that the City of Auburn Hills, the Village of Beverly Hills, the Village of Bingham Farms, the Township of Bloomfield, tne City of Farmington, the City of Keego Harbor, the City of Orehard Lake Village and the City of Troy will pay their respective shares of the cost of the Project ey cash contributions and the City of Birmingham, the City of Bloomfield Hills, the City of Farmington Hills, the Village of Franklin, the City of Lathrup Village, the City of Southfield and the Township of West Bloomfield (collectively, the "Obligors") will finance their respective shares of the cast of the Project through the issuance of County bonds as hereafter provided; and WeEREA5 it is in the best interest of the County of Oakland that the bonds be issued and the Project be acquired and constructed. THEREFORE, BE IT RESOLVED BY THE BOARD Of COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. APPROVAL OF REVISED EXHI8ITS TO CONTRACT. The Board of Commissioners hereby approves and adopts revised -Exhibits C-1, D and E. each dated September 14, 1990. in the forms attached hereto, and approves the total cost estimate of the Project in the amount of $4,121,163. The revised Exhibits C-1, D and E replace Exhibits C-1, D and E dated August 21, 1989, and shall become parts of the Contract. The County Drain Commissioner, as County Agency, is hereby authorized and directed to endorse approval on revised Exhibits C-I, 0 and E as parts of the Contract in the name and on behalf of the County in as many counterparts as he deems necessary. 2. AUTHORIZATION OFBONOS-- PURPOSE. Bonds of the County agerepating the principal sue of Ore MillionSix HundredTwenty-Five ThousandOollars($1,625,000)shallbe issuedand sold pursuant to the pro- visions of Act 342, and other applicable statutory provisions, for the purpose of defraying part of the cost of aceuirieg and constructing tne Project. 3. BOND DETAILS, The bonds shall be designated Evergreen -Farmington Sewage Disposal System Bonds (Permanent Meter & Interceptor Rehabilitation); shal7 be dated December 1, 1990; shall be number. from 1 upwards, shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 12% per annum to be determined upon the sale thereof payable on May 1, 1991, and semiannually thereafter on the first days of May ant November in eteh year; and shall mature on May 1 in each year as follows: 1991 $ 25,000 2001 $100,000 1992 25,000 2002 100,000 1993 50,000 2003 100.000 1994 50,000 2004 100,000 1995 50,000 2005 125,000 1996 75,000 2006 125,000 • 1997 75,400 2007 125,000 1998 75,000 2009 125,000 1999 75,000 .2009 125,000 2000 100,000 4. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall he payable in lawful money of the United Statec. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bone as shown on the registration books at the close Of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address, 5. PRIOR REDEMPTION. Bonds maturing prior to May 1, 2000, shall not be subject to redemption prior to maturity. Bonds maturing on and after May 1, 2000 shall be subject to redemption prior to maturity upon the terms and conditions set forth in the form of bond contained in Section 8 hereof. 6. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. 7. EXECUTION, AUTHENTICATION AND OELIVERY OF BONDS. The bonds shall be executed in the name of the County by the facsimile esgnatures of the Chairman of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaeer thereof. they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of 4 1. Commissioners Minutes Continued. October 11. 1990 356 the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereef) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shell indicate on each bond the date of its authentication. D. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond reaistrar and with a of transfer satisfactory to the bond registrar and paying agent duly executed oy the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bones of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authuriZed attorney. Upon the exchange ex transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall auteentiate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying aeent authenticates and delivers a new bend pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: 'Payment of interest on this bond is in default. The last date to which interest has been paid is The County and the bond registrar and paying agent maydeem and treat the person in whose TWITIC any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 4 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of. the sum or sums so paid, and neither tee County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The county agrees to indemnify and save the Pond registrar and paying. agent harmless from and against any and all 'loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in se treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax', fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bands which have been selected for redemption. 9. FORM OF BONDS. The bonds shall be in substantially the following form: UNITED STATES OF AMERICA .STATE OF MICHIGAN COUNTY OF OAKLAN3 EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM BONDS (PERMANENT METER AND INTERCEPTOR. REHABILITATION) INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE December 1, 1990 Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at in the city of Michigan, the bond registrar and raying agent, and to pay to tne Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to the payment of such Principal /mount is discharged at the rate per annum specified above. Interest is payable on the first days of May and November in each year, commencing on May 1, 1991. Principal and interest are payable in lawful money of the Unitec States of America. This bond is one of a series of bonds aggregating the principal sum of One Million Six Hundred Thousand Dollars ($1,625,000) issued by the County under and pursuant to and in full con- formity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Doard of Commissioners of the County (the "Resolution') for the purpose of defraying part of the cost of acquiring and constructing permanent meter and interceptor rehabilitation improvements in the Evergreen-Farmington Sewage Disposal System. The bonds of this series are issued in anticipation of payments to be made by the CUSIP 1 fl ' ; , r-1 ; 367 Commissioners Minutes Continued. October 11, 1930 • City of Birmingham, .the City of Bloomfield Hills, the City of Farmington Hills, the Village of Franklin, the City of Lathrup Village, the City of Southfield and the Township of West Bloomfield (the "Obligors") in the aggregate principal amount of One Million Six Hundred Twenty-Five Thousand Dollars ($1,625,000) pursuant to a contract between the County and the City of Auburn Hills, the Village of Beverly Hills, the Village of Bingham Farms, the City of Birmingham, the Township of Bloomfield, the City of Bloomfield Hills, the City of Farmington, the City of Farmington Hills, the Village of Franklin, the City of Keego Harbor, the City of Lathruo Village, the City of Orchard Lake Village, the City of Southfield, the City of Troy and the Charter Township of West Bloomfield dated as of September 30, 1989. The full faith and credit of the Obligors have been pledged to the prompt payment of the foregoing amount and the interest thereon as sthe same become due. As additional security the full faith and credit of the County have been pledged for the prompt payment of the principal of and interest'on the bonds of this series. Taxes levied by the County and the Obligors to pay the principal of and interest on the bonds of this series are subject to constitutional tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. Bonds maturing prior to May 1, 2000, are not subject to redemption prior to maturity. Bonds maturing on and after May 1, 2000, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after May 1, 199R. Bonds of a denomination greater than 55,000 may be partially redeemed in the amount of 55,000 or any integral multiple thereof. It less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption and a premium as follows: 1% of the par value if called for redemption on or after May 1, 1999, but prior to May 1, 2003; 0.5% of the par value if called for redemption on or after May 1, 2003, but prior to May 1, 2006; No premium if called for redemption on or after May 1, 2006. Not less than thirty days notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption stall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of said County, including the series of eonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of Coemissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually exeeuted by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND (SEAL) By: By: County Clerk Chairman, Board of Commissioners CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Resolution WO-Registrar aria Paying Agent By: Autnorized Representative AUTHE ':CATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (please print or type name, address and taxpayer identification number of transferee) the within ' 368 Commissioners Minutes Continued. October 11, 1990 bond and all rights thereunder and does hereby irrevocably constitute and appoint attorney to transfer the within bend on the bodes kept for registration thereof, with full power of eubstitution in the premises. Dated; • Signature Guaranteed The signature must be guarantee by a commercial bank, a trust company or a brokerage firm whicn is a member of a major stock exchange. O. SECURITY. The bones shall be issued in anticipation of payments to be made by the Obligors pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit pledge made by the Obligors in the Contract pursuant to the authorization contained in Act 342. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal Of and interest on the bonds as the same shall become due. If the Obligors shall fail to make payments to the County which are sufficient to pay the principal of and interest on the bonds as the same shall become due, an amount sufficient to pay the deficiency shall be advanced from the general fund of the Countys. 11. PRINCIPAL AND INTEREST FUND, There shall be established for the bonds a Principal and Interest Funcr which shall be kept in a separate bank account. From the proceeds of the sale of the bones there shall be set aside in the Principae dnd Interest Fyne any premium and accrued interest received from the purchaser of the bonds at tre time of delivery of the same. All payments received from the Obligors pursuant to the Contract as amended are pledged for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. 12. CONSTRUCTION FUND. The remainder of tne proceeds of the sale of the bonds shall be set aside in a construction fund and usea to acquire and construct permanent meter and interceptor rehabilitation improvements in Lie Evergreen -Farmivgton Sewage Disposal system in accordance with the provisions of the Contract. 13. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY - EXCEPTION FROM. PRIOR APPROVAL. The issuance and sa e o the sones sna be sebject to permission weing granted therefor by the Department of Treasury of the State of Michigan or an exception from prior approval being granted by the Department of Treasury and the County Drain Commissioeer and the County Treasurer are each hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an Obligation notice, the filing fee of $400. If an exception from prior approval is not granted the County Drain Commissioner or the County Treasurer shall make application to the Department of Treasury for permission to issue and sell the bonds as provided by the terms of this resolution and for approval of the form of Notice of Sale. la. REDUCTION or PRINCIPAL AMOUNT OF BOND ISSLI. If the County Drain Commissioner shall shall determine that it is not necessary to sell bonds in the principal amount of One Million Six Hundred Twenty-eFive Thousand Dollars (4'1,62.5,000), he may ty order reduce the principal amount of bonds to be sold to that amount deemed necessary. In the event the principal amount of the bond issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of buds maturing in any one or more years as necessary. 15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXcHANGE OF Regret The County Drain Commissioner is authorized to prescribe the. form of notice of sale for the bonds, to sell the bonds at not less than 98% of par plus accrued interest in accoraance with the laws of this state and to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this resolution. The County Drain Commissioner is authorized to cause the preparation of an official statement for the bonds for purposes of compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended the "Rule") and to do all other things necessary to comply with the Rule. After the award of the bonds, the County will provide copies of a "final official statement" (as defined in paragraph feI(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bideers to enable such.bidder or bidders to comply with. paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 16. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1966, as amenaed, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Drain Commissioner and other appropriate County officials are authorized to do all things necessary (including the making of covenants of the County) to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes, 17. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the •oregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Ceake, Chairperson Fiscal. Note (Misc. 90249) By:FinanceCommittee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONDS TO DEFRAY PART OF THE COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES - PERMANENT METER INSTALLATION AND INTERCEPTOR REHABILITATION IMPROVEMENTS 369 Commissioners Minutes Continued. October 11, 1990 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-O of this Board, the Finance Committee has reviewed Miscellaneous Resolution f90249 and finds: 1) The resolution authorizes the issuance of tax-exempt Act 342 bonds with the County pledging its limited full faith and credit as the secondary obligor. 2) The City of Birmingham, the City of Bloomfield Kills, the City of Farmington Hills, the Village of Franklin, the City of Lathrup Village, the City of Southfield, and the Township of West Bloomfield are tee primary obligors pledging limited full faith ana credit. 3) The principal amount of the bond issuance is $1,625,000 at an interest rate not to exceed 12%. 4) The statutory limit for County debt is $2,576,593,537 (10% of 1990 State Equalized Value), As of September 30, 1990, the outstanding debt is $332,324,002 or approximately 1.3% of the S.E.V. 5) No budget amendments are necessary. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Calandro the resolution be adopted. AYES: McConnell, McPherson, Moffitt, Oaks, Pappagecree, Pernick, Price, Rewald, Skarritt, Aaron, Bishep, Calandrc, Chester, Crake, Ferrer*, Gosling, Huntoon, ...Jensen, Johnson, R. Kuhn, Luxon. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90250 By Planning and Building Committee IN RE: Drain Commissioner-RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONUS TO DEFRAY PART OF THE COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES -- SEGMENT 1 AND II IMPROVEMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (the "County") has entered into certain contracts with municipalities located in the County pursuant to the provisions of Act No. 342, Public Acts of Michigan, 1939, as amended ("Act 342"), as follows: (1) the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities -- Segment II -- Stage 3 Contract dated as of September 30, 1989, with the charter Township of Vest Bloomfield. the City of Southfield, the City of Farmington Hills and the City of Orchard Lake Village (the "Stage 3 Contract"); (ii) the Evergreen and Farmington Sewage Disposal systems Pollution Control Facilities -- Segment I-Stage 2, Segment II-Arms J and K-Local Relief Sewers-55ES Rehabilitation Contract dated as of April 1, 1990, with the Charter Township of West Bloomfield (the Nest Bloomfield Contract"); (iii) the Evergreen and Farmington Sewage Disposal System Pollution Control Facilities City of Farmingtoe Hills Segment II -- Arm D, Local Relief Sewers and SSES Rehabilitation dated as of April 1, 1990, with the City of Farmington Hills (the "Farmington Hills Contract"); (iv) the Evergreen and Farmington Sewage Disposal systems Pollution Control Facilities -- Segment II-Arm C and SSES Rehabilitation dated as of April 1, 1990, with the Village of Bingham Farms, the City of Bloomfield Hills, the city of keego Harbor and the township of Bloomfield (the "Arm C Contract"); (v) the Evergreen and Farmington Sewage Disposal Systems Pollution Control Facilities - Segment II - Stage 5, Stage B and 5SEe Rehabilitation Contract dated as of September 1, 1989, with the Village of Beverly Hills and the City of Southfield (the "Stage 5 Contract"); and (vi) the Evergreen and Farmington Sewage Disposal System Pollution Control Facilities City of Troy Local Relief Sewers and SSES Rehabilitation _Contract dated as of April 1, 1990, with the City of Troy (the "Troy Contract"); and WhEREAS the aforesaid contracts provide for the issuance of bonds by the County to defray the cost of acquiring and constructing improvements in the aforesaid municipalities as part of the Evergreen and Farmington Sewage Disposal System, said bonds to be secured by the contractual obligation of those municipalities on whose behalf the bonds are issued to pay to the County amounts sufficient to pay the principal of and interest on the bonds and to pay such paying agent fees and other expenses as may be incurred on account of the bonds; and WHEREAS the County has been informed that (i) the City of Troy will pay its obligations under the Troy Contract by cash contributions; (ii) the Village of Bingham Farms, the City of Keego Harbor and the Township of Bloomfield will pay their respeotive obligations under the Arm C Contract by cash contributions; (iii) the City of Bloomfield Hills will finance its obligations under the Arm C Contract thruagh the issuance of County bonds; (iv) the Village of Beverly Hills will pay a .porti 05 of its -obligations under the Stage 5 Contract- by-- cash. contributions and will finance the balance thereof through the issuance of County bonds; (v) the City of Orchard Lake Village will pay its obligations under the Stage 3 Contract by cash contributions; (vi) the City of Farmington Hills will finance its obligations under the Stage 3 Contract and the Farmington Hills Contract through the issuance of County bonds; (vii) the Charter Township of West Bloomfield will finance its obligations under tee Stage 3 Contract and the West Bloomfield Contract 370 Commissioners Minutes Continued. October 11, 1990 through the iSSUAnt of County tends; end (viii) the City of Southfield will finence its obligations under the Stage 3 Contract and the Stage 5 Contract through the issuance of County bonds; and WHEREAS the amounts which the Village of Beverly eills, the City of Bloomfield Hills, the City of Farmington Hills, the City of Southfield and the Charter Township of West Bloomfield will finance through the issuance cf County bonds for the payment of their respective obligations under the Stage 3 Contract, the West Bloomfield Contract: the Farmington Hills Contract, the Arm C Contract and the Stage 5 Contract (collectively, the "Contracts") are set forth on Exhibit A which is attached hereto and made a part hereof; and WHEREAS it is in the best interest of the County of Oakland that the bonds be issued and the above-described improvements ne acquired and ccnstructed. THEREFORE BE IT RESOLVED BY THE BOARD OF CeMMISSIONERS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. AUTHORIZATION OF BONDS - PURPOSE. Bards of the County aggregating the principal sum of Twelve elilMie sanioeixure Dollars ($12,650,000) shall be issued and sold pursuant to the provisions of Act 342, and other applicable statutery provisions, for the purpose of defraying part of the cost cf accuiring and constructing the improvements described in the Contracts as part of the Evergreen and Farmington Sewage Disposal System. 2. BOND DETAILS. The bonds shall be designated Evergreen-Farmington Sewage Disposal System (Segment I & II) Bonds; shall be dated December 1, 1990; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomieatior of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 12% per annum to be determined upon the sale thereof payable on May 1, 1991, and semiannually thereafter on the first days of May and November in each year; and shall mature on November 1 in each year as follows: 1992 $250,000 2001 $750,000 . 1993 250.000 2002 750,000 1994 300,000 2003 750,000 1995 40C,000 2004 • 750,000 1996 50e,000 2005 1,000.000 1997 50e,000 2006 400C,000 1998 500,000 2007 1,200,000 1999 500,000 2008 1,250,000 2000 750,000 2009 1,250,000' 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in 'lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the dose of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 4. PRIOR REDEMPTION. Bonds maturing prior to November 1, 2000, shall not be subject to redemption prior to maturity. Bands maturing on and after November 1, 2000 shall be subject to redemption prior to maturity upon the terms and conditions set forth in the form of bond contained in Section 8 hereof. 5. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an agreement with,ei bone registrar ant paying agent for the bonds which shall be a hank or trust company located in the State of Michigan which is oualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. 6. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shell be executed in the name of the County by the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and authenticated ay the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they seall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be celivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of boeds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 7. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be excnanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond eall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by ' 371 Commissioners Minutes Continued. October 11, 1990 the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County sha/1 cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bands of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond.. lf, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be valid and effectual to satisfy and discharge the liability upor, such bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the Countyorthe bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 8. FORM OF BONDS. The bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND EVEReREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM SEGMENT I II BONDS . INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP December 1, 1990 Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns; the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and, surrender of this bond at in the city of Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the eate of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first days of May and November in each year, commencing on May 1, 1991. Principal end interest are payable in lawful mgrey of the United States of America. This bond is one of a series of bonds aggregating the principal sum of Twelve Million Six Kundred Fifty Thousand Dollars ($12,650,000) issued by the County under and pursuant to and in full conformity with the constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the county (tee "Resolution") for the purpose of defraying part of the cost of acquiring and constructing certain improvements in the Evergreen and Farmington Sewage Disosal System. The bonds of this series are issued in anticipation of payments to be made by the Village of Beverly Hills, the City of Bloomfield Hills, the City of Farmington Hills, the City of Southfield and the Charter Township of West Bloomfield (collectively, the 'Obligors") in the aggregate principal amount of Twelve Million Six Hundred Fifty Thousand Dollars ($12,650,000) pursuant to certain contracts between the County and the Obligors as described in the Resolution. The full faith and credit of the Obligors have been pledged to the prompt payment of the foregoing amount and the interest thereon as - the same become due. As additional security the full faith and credit of the County have been pledged for the prompt payment of tine principal of and interest on the bonds of this series. Taxes levied by' the County and the Obligors to pay the principal of and interest on the bonds of this series are subject to constitutional tax limitations. • 1 Commissioners Minutes Continued. October 11, 1990 372 ThiS bond is transferable, as providee in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upop payment of the charges, if any, therein provided. Bones so authenticated and delivered shall be in the denomination of 45,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. Bonds maturing prior t 0 November 1, 20O, are not subject to redemption prior to maturity. Bonds maturing on and after November 1, 700e, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, On any one or more Interest payment dates on and after November 1, 1999. Bonds of a denomination greater than $5,000 may be partially redeemed ie the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond Or portion of the bond celled to be redeemed plus interest to the date fixed for redemption and a premium as follows: 1% of tne par value if called for redemption on or after November 1, 1999, but prior to November 1, 2003; 0.5Z of the par value if called for redemption on or after November 1, 2003, but prior to November 1, 2006; No premium if called for redemption on or after November 1, 2006. Not less than thirty days' notice of redemption shall be given ter the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of said County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairman of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to he impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND (SEAL) By: By: 'County Clerk Chairman, Board of Commissioners . CERTIFICATE OF AUTHENTICATION • This bond is one of the bonds described in the within-mentioned Resolution Bond Registrar and—Paying Agent Be: . o Authorized Representative AUTHENTICATION PATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (please print or type name, ad-dress and taxpayer identification number of transferee) the within bond and all righte thereunder and does hereby irrevocably constitute and appoint attorney to transfer theorrithin.bond on the . books kept f6F—Figistration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed The signature must be guarantee by a commercial bank, a trust company or a brokeeiei firm which is a member of a major stock exchange. 9. SECURITY. The bonds shall be issued in anticipation of payments to be Made by the Obligors pursuant to the Contracts: The bonds shall be seeured primarily y. the full faith—and credit pledge made by -the Obligors in the Contracts pursuant to the authorization contained in Act . e 373 Commissioners Minutes Continued. October 11, 1990 342. As additibeal and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds as the same shall become due. If the Obligors shall fail to make payments to the County which are sufficient to pay the principal of and interest on the bonds as the same Shall 'become due; an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. 10. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund IC shallbe kept in a separate bank account, From the proceeds of the sale of the bonds there shall be set aside in tile Principal and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the same. All payments received from the Obligors pursuant to the Contract are pledgee for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. 11. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund and used to acquire and construct the, aforesaid improve- ments in-accordance with the provisions of the Contracts. There shall be established separate accounts in.the construction fund with respect to each Contract and the use and investment of bond proceeds attributable to each Contract snail be individually accounted for and monitored in each such account. 12. APPROVAL or MICHIGAN DEPARTMENT OF TREASURY -- EXCEPTION FROM PRIOR APPROVAL. The issuance and sale of the bonds shall be subject to permission being granted therefor by the Department of Treasury of tile State of Michigan or an exception from prior approval being granted by the Department of Treasury and tile County Drain Commissiorer and the County Treasurer are each hereby severally authorized to file with the Department of Treasury a Notice of Intent to Issue an Obligation with respect to the bonds and to pay, upon the filine of said notice, the filing fee of $400. If an exception from prior approval is not granted the County Drain •Commissioner or the County Treasurer shall make application to the Department of Treasury for permission to issue and sell tee bonds as provided by the terms of this resolution and for approval of the form of Notice of Sale. 13, REDUCTION OF PRINCIPAL AMOUNT Of BOND ISSUE. If tte County Drain Commissioner shall determine that it is not necessary to sell bends in tne principal amount of Twelve Million Six Hundred Fifty Thousand Dollars ($12,650,000), he may by order reduce the principal amount of bonds to be sold to that amount deemed necessary, In that event the principal amount of the bond issue is reduced pursuant to this section, the County Drain Commissioner shall reduce the amount of bonds maturing in any one or more years as necessary. 14. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Drain Commissioner is authuri2ed to prescribe the form of notie of sale for the bonds, to sell the bonds at not less than 98% of par plus accrued interest in accordance with tee laws of this state and to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this resolution. The County Drain Commissioner is authorized to cause the preparation of an official statement for the bonds for purposes of compliance with Rule 1Sc2-12 issued under the Securities Exchange -Act of 1934, as amended (the °Rule ") and to do all other things... necessary to comply with the Rule. After the award of the bonds, the County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Doard. 15. TAX COVENANT. The County covenants to comply with all recseirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Drain Commissioner and other appropriate Ccunty officials are authorized to do all things necessary (including the making of covenants of the County) to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 16. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry Crake, Chairperson Fiscal Note (Misc. 90250) By Finance Committee IN RE: Drain Commissioner - RESOLUTION TO AUTHORIZE THE ISSUANCE OF BONUS TO DEFRAY PART OF THE COST OF EVERGREEN-FARMINGTON SEWAGE DISPOSAL SYSTEM POLLUTION CONTROL FACILITIES - SEGMENT I AND II IMPROVEMENTS To the Oaklaud County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G the Finance Committee has reviewed Miscellaneous Resolution #90250 and finds: 1) The resolution authorizes the issuance Of tax-exempt Act 342 bonds with the County pledging its limited full faith and creceit as the secondary obligor. Commissioners Minutes Continued. October 11, 1990 374 2) The village of Beverly Hills, the City of Bloomfield Hills, the City of Farmington Hills, the City of Southfield, and the Charter Township of West Bloomfield are the primary obligors. pledging limited full faith and credit. 3) The principal amount of the bond issue is S12,650,000 at an interest rate not to exceed 12g. 4) The statutory limit for County debt is $2,576,598,537 (10% of 1990 State Equalized value). As of September 30, 1990, the outstanding debt is 5332,324,002 or appraximately 1.3Z of the S.E.V. ,5) No budget amendments are necessary. FINANCE COMMITTEE G. William Cadaell, Chairperson Moved by Crake supported by Calandro the resolution be adopted. AYES: McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. euhn, Lawn. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90222 By Planning and Building Committee IN RE: DRAIN COMMISSIONER - 1990 DRAIN MAINTENARCE ASSESSMENT REPORT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WVERLAS the Planning and Building Committee has reviewed the Drain Assessment Rolls, as prepared by the Drain Commissioner for the year 1990; and WHEREAS such Drain Assessment Rolls have been prepared and submitted in accordance with - the provisions of Act No. 40 of the Public Acts of 1956, as amended; and ,WHEREAS the Planning and Building Committee concurs in the figures as established by the Drain Commissioner for maintenance assessments against the various drainage districts in the County, a copy of which is attached hereto; and WHEREAS a summary of such Drain Assessment Rolls is as follows: Assessments At Large Against Municipalities - $ 8,178.86 Assessments Against Real Property 33,028.27 NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, State of Michigan, that there be assessed, levied and collected for the year 1990 for the purpose of maintaining, cleaning out, and deepening County Drains in Oakland County within and by the several political subdivisions, the aggregate amount of $41,207.13, which sum represents the total amount of the assessments for said year which are contained in the several Drain Assessment Rolls heretofore determined by the said Oakland County Drain Commissioner. Mr. Chairperson, OD behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Crake supported by Pappageorge the resolution be adopted. AYES: McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Calandra, Chester, Crake, Ferrens, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90223) By Planning and Building Committee IN RE: Drain Commissioner - 1990 LAKE LEVEL ASSESSMENT REPORT To the.Oakland County Board Of Commissioners Mr. Chairperson, Ladies and Gentlemen: On September 13, 1990 the 19e0 Lake Level Assessment Report and 1990 Drain Maintenance Report were laid over by the Board of Commissioners for the purpose of allowing review and comment. The Planning end Building Committee, having reviewed a request from the Drain Commissioner to amend the Lake Level Assessment Report, reports with the recommendation that the 1990 Lake Level Assessment Report be ameneed to decrease the assessments for Long Lake (e429)frome$12,084.46 to $11,002.05. Mr. Chairperson on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE - Larry P. Craee, Chairperson 375 , Commissioners Minutes Continued. October 11, 1990 Misc. 90223 • ! ' By Planning and Building Committee I IN RE: Drain Commissioner - 1990 LAKE LEVEL ASSESSMENT REPORT . . To the Oakland County Board of Commissioners 1 Mr. Chairperson, Ladies and Gentlemen: , • WHEREAS the Planning and 3uilding Committee has reviewed the Lake Level Assessment Rolls, as prepared by the Drain Commissioner for the year 1990; and . WHEREAS such Lake Level Assessment Rolls have been prepared and submitted in accordance with the provisions of Act No. 146 of the Public Acts of 1961, as amended; and WHEREAS the Planning and Building Committee concurs in the figures as established by the ' Drain Commissioner for the various lake level districts in the County, a copy of which is attached hereto; and , WHEREAS a summary of such Lake Level Assessment Rolls is as follows: Assessments At Large Against Municipalities - $ 5,531,04 . Assessments Against Real Property 271,198.18 HOW THEREFORE BE IT RESOLVED by the Board of Commissionrs of the County of Oakland, State 1 of Michigan, that there be assessed, levied and collected for the year 1990 for the purpose ef establishing and maintaining the normal height and level of various lakes in Oakland County within . and by the several political subdivisions, the aggregate amount of $276,729.22, which sum represents , the total amount Of the assessments for said year which are contained in the several Lao Level Assessment Rolls heretofore determined by the said Oakland County Drain .Commissioner. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. [ ' PLANNING AND BALDING COMMITTEE 1 Larry P. Crake, Chairperson I Moved by Crake supported by Richard Kuhn the resolution be adopted. . , Moved by Crake supported by Richard Kuhn the resolution be amended as recommended in the . Planning and Building Committee Reports. e . . : A sufficient majority having voted therefor, the amendment carried. . . Vote on resolution as amended: AYES: Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McPherson. (221 NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Report (Misc. 90251) By Personnel Committee IN RC: Prosecuting Attorney - 1990/91 ANTI-DRUG ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above Public Services Committee resolution, reports with the recommendation that the resolution be adopted with the paragraph nine (9) reference to, 'one special revenue Typist II position (salary grade 3)" changed to: "one special revenue Typist I position (salary grade 2)". Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNIL COMMITTEE John P. Calandro, Chairperson Misc. 94251 By Public Services Committee IN RE: Prosecuting Attorney - 199011991 ANTI-DRUG ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution •19105 requires the appropriate Liaison Committee to review the acceptance of all grants that vary more than fifteen (15) percent from the original grant application; and . WHEREAS application was made ny the Prosecuting Attorney in the amount of $361,133 to fund the 199011991 Anti-Drug Abuse erant beginning October 1, 1990 and ending September 30, 1991, with $243,095 (67$) funding from the State and $118,036 (33$) funding by the County; and WHEREAS the Michigan Office of Criminal Justice has aproved the 199D/1991 Anti-Drug Abuse Grant in the amount of $283,526, which is $77,507 or 21% less than the application amount, with $170,116 (60%) funding from the State and $113,410 (40%) County match:. as detailed in Schedule A; and WHEREAS a match requirement of 25% was requested for expansion of the grant and two new 376 Commissioners Minutes Continued. October 11, 1990 positions were granted, County match remains at the current level of 40% for the entire 1990/91 award; end WHEREAS the grant award provides funding for the addition of one (1) Assistant Prosecutor III position and one (1) Typist II position, which will require approval by the Persennel Committee; and WHEREAS the grant agreement has been reviewed and approved as to legal sufficiency by Corporation Counsel, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Prosecuting Attorney's 199011991 Anti-Drug Abuse Grant in the amount of $283,526 of which $113,410 (40%) is County match and $170,116 (60%) is grant reimbursed. BE IT FURTHER RESOLVED that acceptance of the award does not obligate the County to any future commitment and continuation of the special revenue positions in the grant is contingent upon future levels of State funding. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners creates one special revenue Assistant Prosecutor III position and one special revenue Typist II position (salary grade 3) in the Prosecuting Attorney Department (411-01). BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby authorized to execute said contract and to approve minor changes and contract extensions, not to exceed fifteen (15) percent variance, which are consistent with the contract as approved, Mr. Chairperson, on behalf of the Public Servfces Committee, I move the adoption of the foregoing resolution. Fiscal Note (Misc. 90251) By Finance Committee IN RE: Prosecuting Attorney - 1990/1991 ANTI-DRUG ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90251 and finds: 1) The Prosecuting Attorney Department applied for continued funding of the Anti-Drug Abuse grant for the period October 1, 1990 through September 30, 1991 in the amount of $361,133 anticipating $243,095 167%1 funding through the State and $118,038 (33S) funding by the County. 2) The Michigan Office of Criminal Justice has awarded funding of $283,526 consisting of $170,116 (60%) State funding and $113,410 (40%) County match, as detailed in Schedule A attached to the resolution. 3) While a match requirement of 25% was requested for the expansion portion of the grant and two new positions were granted, County match remains at the current grant level of 40% for the entire 1990/91 award. 4) The award provides funding for the addition of one (11 Assistant Prosecutor III position and one (1) Typist II position, which will require approval by the Personnel Committee, 51 Funding for County match is provided in the Prosecuting Attorney's 1990/91 Budget. 61 The Prosecuting Attorney's 1990 Special Revenue Budget be amended as detailed in Schedule B. FINANCE COMMITTEE " • G. William Caddell, Chairperson • Moved by Richard Kuhn supported by Huntoon the Personnel Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supported by Skarritt the resolution be adopted. Moved by Calandra supported by Skarritt the resolution be amended to be consistent with the Personnel Committee Report. A sufficient majority having voted therefor, the amendment carried. • Vote on resolution as amended: AYES: Oaks, Pappagecrge s Pernick, Price, Rewold, Skarritt. Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Moffitt. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. PUBLIC SERVICES COMMITTEE Richard 0. Kuhn, Jr., Chairperson • 3/1 Commissioners Minutes Continued. October 11, 1990 Misc. 90252 By Public Services Committee IN RE: Cultural Affairs -- MICHIGAN COUNCIL OF THE ARTS 1991/1992 GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution •84105, the Cultural Affairs Department applied to the Michigan Council of the Arts (MCA) for $1D,000 in funds to partially offset program expenses; and WHEREAS the MCA has awarded the grant for a 12 month period from October 1, 1991 through September 30, 1992, in the amount of $7,000; and WHEREAS acceptance of this grant dues not obligate the County to any future commitment; and WHEREAS the Office of Corporation Council has reviewed the grant and approved it as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1991/1992 Michigan Council of the Arts Grant in the amount of $7,000. RE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the grant agreement and to approve amendments to the agreement up to fifteen (15) percent variance from the original award which are consistent with the agreement as approved. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoptien of the foregoing resolution. The .Chairperson referred the resolution to the Finance Committee, There were no objections. Misc. 90253 By Commissioner Larry P. Crake IN RE: WATERFORD HILLS LANDFILL - REQUEST DWR TO HOLD PUBLIC HEARING . To the Oakland County Board of Commissioners - Mr. Chairperson, Ladies and Gentlemen: WHEREAS the responsibility of issuine licenses to operate landfills is granted to the ; Department of Natural Resources CONR) by Public Act 641 of I97B; and WHEREAS the Waterford Township Supervisor has requested notification by the DNR of any proceedings with regard to issuance of license for the Waterford Hills Landfill in order that the Townships comments and concerns can be made a part of th2 public record; and WHEREAS the residents have also requested the opportunity to express their commeets an concerns regarding the renewal of the license for this landfill; and WHEREAS for several years problems with the oPeration of the landfills have caused health hazards to the residents and endangered the surrounding environment; and WHEREAS although a public hearing is not required, the Oakland County Board of i Commissioners concurs with the request that a hearing be held to enable residents and township officials to provide input into the ONR's decision on this matter. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the Michigan Department of Natural Resources to conduct a local public hearing regarding the issue of renewal of the Waterford Hills Landfill operation license. Mr. Chairperson, I move adoption of the foregoing resolution. Larry P. Crake, Commissioner District #5 Donna R. Huntoon, Richard D. Kuhn, Jr., Nancy McConnell The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. Misc. 90254 By Commissioner 0ohn E. Olsen IN RE: (SUPPORT) PASSAGE CF LEGISLATION REDUCING PROPERTY TAXES BEFORE THE 1989-1990 LEGISLATIVE SESSION ENDS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS property taxes in Michigan are the fourth highest in the nation; and WHEREAS the state's property tax system is unGuly burdensome to both the young and old in that it is a significant factor in forcing senior citizens out of their homes and it prevents many young people from being able to afford homes; and WHEREAS the present school financing system is inadequate and must be reformed with the state bearing a much greater snare of per-pupil cost; and WHEREAS numerous bills and resolutions aimed at reducing property taxes have been introduced in the State Legislature during the 1989-1990 legislative session but lawmakers have been unable to reach agreement and pass any of these proposals; and PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson LYNN D. ALLEN Clerk ROY REWOLD Chairperson Commissioners Minutes Continued. October 11, 1990 378 WHEREAS besides the proposed legislation, Richard Headlee has filed petitions containing 223,000 signatures calling for a property tax cut of 20 percent over two years but this proposal • cannot be presented to the raters until the November, 1992, general election; and WHEREAS with the urgent need in Michigan for tax relief now, it is unrealistic to wait until 1992 for a solution to the Problem when the State Legislature could resolve it yet this year. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the State Legislature to adopt meaningful property tax relief legislation before the 1989-1990 legislative session ends in December. BE IT FURTHER RESOLVED that this tax relief be either a package of bills implementing the Headlee proposal and taking immediate effect or (2; legislation increasing the maximum income . tax credit allowed for property taxes from $1,200 to $2,400. Mr. Chairperson, I move the adoption of the foregoing resolution. John E. Olsen, Commissioner Dist. P17 ' The Chairperson referred the resolution to the General Government Committee. There were 1 no objections. The Chairperson stated the tomposting site at Orion Oaks Park will be open for public use on October 15, 1990. In accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. Iron County - (Oppose) Polluters Pay Bill b. City of Birmingham-(Oppose) Section 21, Subsection 4 & E of Sfl 830 - l'School Aid Bill" PLANNING & BUILDING a. Waterford Township-ONR Public Hearing on Waterford Landfill License b. City of Rochester Hills-Incinerator Moratorium c, City of Oak Park-Proposed Retrofit of SOCCRA's Incinerator PUBLIC SERVICES ' a, MI Dept. of Secial Services-Funding has been .Appropriated-Cooperative Reimbursement Grants b. Robert Levi, P.C.-Re: Circuit Court Appointed Counsel Fees C. 4-H Fair-Thank you OTHERS Commissioners a. Thomas J. Bu:ger-Washington Report for the Week of September 24 0 1990 b. Thomas J. Bulger-Washington Report for the Week of October 1, 1990 There were no objections to the referrals. The Chairperson stated the next Board meetine will be held on October 25, 1990 at 9:30 a.m. The Board adjouroed at 11:12 a.m. OAKLAND COUNTY Board Of Commissioners MEETING October 25, 1990 - Meeting called to order by Vice Chairperson Nancy McConnell at 9:55 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. 379 Roll called. PRESENT: Aaron, Bishop, Caddell, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Olsen, Pappageorge. Pernick, Price, Skarritt, ABSENT: Luxon, Rewold. (2) (Both Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Wolf. (25) absent with notice) Quorum present. Invocation given by Commissioner Michael McCulloch. Pledge of Allegiance to the Flag. Moved by Caddell supported by Susan Kuhn the minutes of the previous meeting be amended to show (on page 343 under Resolution 190327) that Nancy McConnell had voted "AYE" on adoption of the resolution, as amended. A sufficient majority having voted therefor, the amendment to the minutes carried and the wrinutes were approved as amended. Moved by Olsen supported by Aaron the Agenda be approved as presented. A sufficient majority having voted therefor, the Agenda was approved. Commissioner Larry Crake presented a Coienendation to officials of the Oakland County Employees Credit Union in hour of "Credit Union Week." The following persons addressed the Board: • Marilynne Burton-Ristau, Sheryl Barbee, Dominick Vincentini, Kathy Aterno, Pamela Mukavetz, Larry Barton, Corey Conn, Sherry Clair, Carolyn Peyser, Laurie Eaton, Lynn Keinath, George Ford, John King and Carol Izant. Misc. 90255 • By Finance Committee IN RE: Clerk/Register of Deeds - REFORMAT TRACT INDEX MICROFILM RECORDS To the Oakland County.Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the tract index microfilm records currently are in jacket form: and WHEREAS the jackets are made with acetate which deteriorates microfilm after 30 years; and WHEREAS there are approximately 100,000 jackets, of which 15,500 are 30 older; and WHEREAS it would cost an estimate $18,800 to replace the 16,500 jackets in format; and WHEREAS, as an alternative, the Clerk/Register is requesting to reformat the approximately years old or their current 100,000 tract AWARD OF LCONTRACT FOR REROOFING YOUTH And #90175 of Board of Commissioners Division to receive beds for reroofing of bids for the installation of the above 380 Commissioners Minutes Continued, October 25. 1990 index records to a roll format at an estimated cost of $85,500 that would be contracted with an outside microfilming firm; and WHEREAS roll microfilm has an estimated useful life of 70 years; and WHEREAS the reformatted microfilm can be coded to allow for future computer-assisted retrieval and also reduce the amount of labor required to refile the records; and WHEREAS the General Government Committee has recommended that this request be approved; and WHEREAS an additional $18,200 is required for acquisition of equipment to be used in the Register of Deeds Division; and WHEREAS the outside firm will also be contracted to make additional copies of the reformatted film at an estimated cost of $49,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the new format of the tract index microfilm records and contracting of services with an outside microfilming firm. BE IT FURTHER RESOLVED the following amendment to the 1990 Budget to be funded from the Designated Fund Balance (1-10100-492-044): Revenue 3-10100-909-01-00-9901 Expenditures 4-10100-214-01-00-3525 4-10100-214-01-00-5998 4-10100-214-01-00-8670 Prior Year Balance Microfilming - Outside Capital Outlay (Carousel Filing System) Operating Transfer to Equipment Fund Subtotal Total $152,700 $134,500 3,200 15,000 1152,700 -0- . BE IT FURTHER RESOLVED that the Clerk/Register of Deeds report quarterly to the General Government and Finance Committees on the implementation of this program with full implementation targeted for one year and that six months after full implementation, the impact on labor savings be reviewed. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMTITEE G. William Caddell, Chairperson Moved by Caddell supported by Pappageorge the resolution be adopted.. AYES: Johnson, R. Kuhn, Skarritt. (21) NAYS: Aaron, Bishop, Caddell, Calandra, Chester. Crake, Ferrens, Huntoon, Jensen. S. Kohn, Law. McConnell, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price. None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90256 By Finance Committee IN RE: Public Works/Facilities Engineering Division ACTIVITIES CENTER AND ANIMAL CARE CENTER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolutions #89231 authorized the. County Executive's Facilities Engineering the Youth Activities Center and Animal Care Center; and WHERLAS in accordance with bidding procedures, mentioned were received and opened on October 4, 1990: and WHEREAS the County Executive's Department of Public Works has reviewed all bids submitted and recommends that the lowest responsible bidder, MacDermott-Roofing & Sheet Metal Co., Inc., of Detroit, Michigan, be awarded a contract for construction in the amount of $108,867; and WHEREAS additional costs are estimated to be $12,143; and WHEREAS the total cost of the above mentioned work is estimated to be $121,000 as detailed In the attached schedule; and WHEREAS funding for the above-mentioned project is available in the Revised 1990 Capital Improvement Program - Building Section. NOW THEREFORE BE IT RESOLVED as follows: 1) The Board of Commissioners authorized the transfer of $121,000 from the 1990 Capital Improvement Program - Building Fund to the Project Work Order Fund to establish the Reroofing Youth Activities Center and Animal Care Center project. 2) The contract proposal of McDermott-Roofing & Sheet Metal Co., Inc., of Detroit, Michigan in the amount of $108,857 be accepted and the contract awarded in concurrence with the Planning and Building Committee recommendations. 3) Funds be provided in the amount of $12,143 to cover the remaining project costs. report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson 381 Commissioners Minutes Continued. October 25, 1990 4) The Chairperson of the Board of Commissioners is hereby authorized and directed to execute a contract with MacDermott-Roofing A Sheet Metal Co., Inc., of Detroit Michigan on behalf of the County of Oakland. 5) The County Executive's Department of Public Works, Facilities Engineering Division, shall notify the awardee of this award, in writing no later than 10 days after adoption of this resolution. The award shall not be effective until the awardee has been notified. Mr. Chairperson, on behalf of the Finance.Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Report to Finance Committee By Planning and Building Committee IN RE: AWARD OF CONTRACT FOR REROOFING YOUTH ACTIVITIES CENTER AND ANIMAL CARE CENTER Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the bids received for the above-referenced projects, reports with the recommendation that the contract be awarded to MacDermott-Roofing 8, Sheet Metal Co., of Detroit, Michigan, in the amount of $108,857.00; for a total project cost of $121,000.00. Mr. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing Moved by Caddell supported by Johnson the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Pernick the resolution be adopted. AYES: Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. •Kuhn, Law, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Starritt, Aaron. (23) NAYS: None. (0) • A sufficient majority having voted therefor, the resolution was adopted. Misc. 90257 By Finance Committee IN RE: Corporation Counsel - APPOINTMENT OF COUNSEL - MARGIOTTA V KOSIK, ET AL, Case No. 90-CV-73002-DT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS a case entitled Margiotta v Kosik, et al, Case No. 90-CV-73002-DT, has been filed and served upon Defendant, Circuit Judge-David P. Breck; and WHEREAS the subject matter of said suit arises from Judge Breck's official duties as Oakland County Circuit Judge; and WHEREAS Judge Breck has requested that Robert B. Webster of Hill Lewis represent him in this matter. NOW THEREFORE BEAT RESOLVED that the Oakland County Board of Commissioners approves the appointment of Robert B. Webster of Hill Lewis to represent the Konorable.David F. Breck in the case of Marigotta v Kosik, et al, Case Ho, 90-CV-73002-D7. BE IT FURTHER kEsoLvED that said appointment shall be at $75.00 per hour and paid from the Coonty Building & Liability Insurance Fund No. 73530. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE C. William Caddell, Chairperson Moved by Caddell supported by Bishop the resolution be adopted. Moved by Aaron supported by Olsen the resolution be referred back to the Finance Committee for further study. Mr. Bishop objected to the referral. Vote on referral: AYES: Calandro, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, S. Kunn, Law, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Skarritt, Wolf, Aaron. (19) NAYS: R. Kuhn, Bishop, Caddell. (3) A sufficient majority having voted therefor, the motion to refer tarried. The resolution • was referred back to the Finance Committee. 382 . Commissioners Minutes Continued. October 25, 1990 Misc. 90245 By Personnel Committee ' IN RE: County Executive Administration/Risk Management - CREATION OF OXE (I) PIE TYPIST I POSITION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the last clerical position added to the Risk Management Unit was in February of 1989; and WHEREAS since that time a mandated medical cost containment program was implemented by the State of Michigan Worker's Compensation Bureau; and WHEREAS this program has added the duties of the reconciliation of several thousand medical billings per year by the Risk Management Unit; and WHEREAS internal controls were added to the worker's compensation filing system which require added staff time but ensure more efficient and accurate reconciliation of medical bills; and WHEREAS the requested position would assist with general clerical duties and with the increase in workload from the medical cost containment program. NOW THEREFORE BE IT RESOLVED that one (1) proprietary one-half (1/2) funded part-time eligible Typist I position be added to the Risk Management Unit of the County Executive Administration. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandro, Chairperson • Fiscal Note (Misc. 90245) By Finance Committee • IN RE: County Executive Administration/Risk Management - Creation of One (1) PIE Typist I Position To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule Xi-ti of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90245 and finds: 11 Annual costs for this position is 411,646 of which 47,869 is for salaries and $3,777 is for fringe benefits; 21 Costs for the balance of 1990 is 41,785 of which 41,206 is for salaries and 4579 is for fringe benefits; 3) Estimated annual cost for 1991 includes an estimated 4.51 annual adjustment for a total estimate of 412,170 which includes $8,223 for salaries and $3,947 for fringe benefits; . 4) This position will be funded by the Workers Compensation Fund. 5) Since Administrative Medical expenses will be reduced as a result of this position, the budget for Worker's Compensation Claims will be reduced to fund this position. 6) The 1990/1991 budget should be amended as follows: 1990 1991 4-73510-915-90-00-3265 Workers Compensation Claims 4(1-7713-5) $ 4-73510-915-91-D0-3265 Workers Compensation Claims -0- (12,170) 4-73510-111-10-00-1001 Salaries 1,206 8,223 4-73510-111-10-00-2074 Fringe Benefits 579 3,947 • Total $ -0- $ -0- FINANCE COMMIT-- G. William Caddell, Chairperson Moved by Calandra supported by Ferrens the resolution be adopted.' AYES: Calandro, Crake, Ferrens. Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Skarritt, Wolf, Bishop. Caddell. (22) WAYS: None. .(0) A sufficient majority having voted therefor, the resolution was adopted. The Vice Chairperson vacated the Chair. Finance Committee Chairperson Dr. G. William Caddell took the Chair. Misc. 90258 By Personnel Committee IN RE: Personnel Department - SALARY ADMINISTRATION THIRD QUARTERLY REPORT FOR 1990 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for Grades 1 - 21 provided for a review and appeal process for departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the Third Quarterly Report for 1990 was submitted to the Personnel Committee identifying the reviews requested and the salary grade changes recommended by the Personnel 383 Commissioners Minutes Continued. October 25, 1990 Department after completion of this review process; and WHEREAS the Third Quarterly Report for 1990 also includes the Job Evaluation Review Panel recommendation on the salary grade placement of a classification appealed to the Job Evaluation Review panel; and WHEREAS funds have been established in the Classification and Rate Change fund to implement salary grade changes resulting from salary administration quarterly report recommendations; and WHEREAS the Personnel Committee has reviewed and approved this report; NOW THEREFORE BE IT RESOLVED that changes in salary grade placement and reclassifications be implemented as shown: Reclassify to new class of Sr. Business Development Representative Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. Dr. Caddell referred the resolution to the Finance Committee. There were no objections. Misc. 90259 By Planning and Building Committee IN RE: Corporation Counsel, Real Estate Section - WIXOM S.D.S. - EXTENSION NO. 2, WASTEWATER TREATMENT PLANT, GAS UTILITY EASEMENT FOR CONSUMERS POWER CO.; Tax Sidwell No.: Part of 17-30-300-012 ,To the Oakland County Board of Commissioners • Mr. Chairperson. Ladies and Gentlemen: WHEREAS the County of Oakland owns property located on Charms Road in Commerce Township, known as Tax Sidwell No. 17-30-300-G12; and WHEREAS said property is presently being used for the Wixom Sewage Treatment Plant; and WHEREAS the Wixom Sewage Treatment Plant is being improved and enlarged which necessitates the installation of a 2" gas service mein; and WHEREAS Consumers Power Company is requesting a permanent easement for the construction, maintenance and operation of this gas main across County owned property (identified as Part of 17-30-300-012); and WHEREAS the Oakland County Drain Commissioner's Office, and Philip Sanzica, Project Engineer for the Wixom S.D.S. Extension No. 2, Wastewater Treatment Plant, recommends the granting of this easement; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the granting of the easement for the construction, maintenance and operation of this gas main across County owned property identified as part of Tax parcel 17-30-300-012. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its . Chairperson to execute the necessary documents to effect the same. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Larry P. Crake; Chairperson Moved by Crake supported by Johnson the resolution be adopted. AYES: Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90253) By Planning and Building Committee IN RE: WATERFORD HILLS LANDFILL - REQUEST DNR TO HOLD PUBLIC HEARING To the Oakland County Board of Commissioners Mr. Chairperson, Ladles and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution, Salaex Grade Classification ' From: To: Animal Control Supv. 9 10 Public Health Nutrition Supv. 13 14 Manager-Facilities Eng. • 20 21 Sheriff Business Assistant 9 11 District Ct. Administrator 13 16 Business Development Rep. 12 13 (Position 192010525B only) Reclassify to New Class PERSONNEL COMMITTEE John P. Calandra, Chairperson 1 384 Commissioners Minutes Contineed. October 25, 1994 reports with the recommendation that the resolution be adopted. .Mr. Chairperson, on behalf of the Planning and Building Committee I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Misc. 90253 By Commissioner Larry P. Crake • IN RE: WATERFORD HILLS LANDFILL - REQUEST DKR TO HOLD PUBLIC HEARING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the responsibility of issuing licenses to operate landfirls is granted to the Department of eatural Resources (DU) by Public Act 641 of 1978; and WHEREAS the Waterford Township Supervisor has requested notification by the DeR of any proceedings with regard to issuance of license for the Waterford Hills Landfill in order that the Township's comments and concerns can be made a part of the public record; and - WHEREAS the residents. have also requested the opportunity to express their comments end concerns regarding the renewal of the license for this landfill; and WHEREAS for several years problems with the operation of the landfills have caused health hazards to the residents and endangered the surrounding environment; and WHEREAS although a public hearing is not required, the Oakland County Board of Commissioners concurs with the request that a hearing be held to enable residents and township officials to provide input into the DWR's decision 011 this matter. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the Michigan Department of Natural Resources to conduct a local public hearing regarding the issue of renewal of the Waterford Hills Landfill operation license. • Mr. Chairperson, I move adoption of the foregoing resolution, Larry P. Crake, Commissioner District #5 Donna R. Huntoon, Richard U. Kuhn, Jr., Nancy McConnell Moved by Crake supported by Susan Kuhn the resolution be adopted. AYES: Fel-rens, Gosling, Huntoon, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Crake. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90280) By General Government Committee . IN RE: OIL SPILL RESPONSE CENTER FOR THE GREAT LAKES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • The General Government Committee, having reviewed the above referenced Public Services Committee resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of theLforegoing report. GENERAL GOYERNMENT COMMITTEE Richard G. Skarritt, Chairperson Misc, 90260 By Public Services Committee IN RE: OIL SPILL RESPONSE CENTER FOR THE GREAT LAKES • To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the St. Clair River and lower Lake Huron are the source of numerous water intake locations providing drinking water for millions of people; and WHEREAS over 50Z of the environmentally sensitive areas of the Great Lakes lie in St. Clair County; and WHEREAS because of the St. Clair River's length and central role in the economic infrastructure of the region with shipping, ferries carrying people, motor vehicles and rail cars, the pipelines running under the river's bottom; all constitute significant opportunities for hazardous spills; and WHEREAS a portion of Oakland County's drinking water is obtained from Lake Huron; and WHEREAS Oakland County residents use the Great Lakes for recreation; and WHEREAS the majority of spills which do occur in the State of Michigan, occur in the St. Clair River; and WHEREAS the key to successful containment and clean-up of any hazardous material spill is the timeliness of the response and deployment of equipment; and WHEREAS a properly equipped response team must be permanently located in the immediate area of the St. Clair River within the County of St. Clair. Commissioners Minutes Continued. October 25, 1990 3B5 NOW THEREFORE BE IT RESOLVED that this Board of Commissioners of Oakland County. Michigan, hereby goes on record in support of the Board of County Commissioners of St, Clair County, Michigan, with respect to its request to the Federal Government that a United States Coast Guard Oil Spill. Response Center be located in St. Clair County. Michigan, as set out in the attached copy of Resolution #90-38, dated August 15, 1990, adopted by that Board. BE IT FURTHER RESOLVED that the Clerk of this Board is hereby directed to promptly send a copy of this resolution to George Bush, President of the United States of America, to Admiral J. William Kime - Commandant, U.S. Coast Guard, to U.S. Senators Carl Levin and Donald W. Riegle, Jr.. to U.S. Congressman William Broomfield, Bob Carr, Dale E. Kildee, Sander Levin, Dennis Hertel and to the Chairperson of the Board of County Commissioners of St. Clair County, Michigan. • Mr. Chairperson, on behalf of the Public Services Committee. I move the adoption of the foregoing resolution. Moved by Richard Kuhn supported by Pappaeeorge the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Richard Kuhn supported by Wolf the resolution be adopted. . AYES: Gosling, huntoon, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Ferrens. (211 NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Fiscal Report (Misc. 90262) By Finance Committee IN RE: Cultural Affairs - MICHIGAN COUNCIL OF THE ARTS 1990/1991 GRANT ACCEPTANCE To Board Chairperson. Oakland County Beard of Commissioners Pursuant to Miscellaneous Resolution #89105, "Grant Application and Reimbursement Agreement Procedures", the Finance Committee has reviewed the grant acceptance and finds: 1) Funding is available from the Michigan Council for the Arts to partially offset program expenses; 2) This is the fourteenth year of an ongoing reimbursement; 3) The reimbursement is for the period October 1, 1990 - September 30, 1991; and the resolution should be amended to reflect these correct dates; 4) The total amount applied for was $10,000, the award is $7,000; 5) The acceptance of $7,000 has been included in the 1991 Executive Recommended Budget, therefore no amendments are necessary; 6) No additional personnel are required; 7) Application and acceptance of this program does not obligate the County to any future commitment. FINANCE COMMITTEE G. William Caddell, Chairperson Misc. 90252 By Public Services Committee IN RE: Cultural Affairs - MICHIGAN COUNCIL OF THE ARTS 1991/1992 GRANT ACCEPTANCE To the Oakland County Beard of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution 189105, the Cultural Affairs Department applied to the Michigan Council of the Arts (MCA) for $10,000 in funds to partially offset program expenses; and . WHEREAS the MCA has awarded the grant for a 12 month period from October 1, 1991 through September 30, 1992, in the amount of $7,000; and WHEREAS acceptance of this grant does not obligate the County to any' future commitment; WHEREAS the Office of Corporation Council has reviewed the grant and approved it as to legal sufficiency. NON THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1991/1992 Michigan Council of the Arts Grant in the amount of $7,000. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the grant agreement and to approve amendments to the agreement up to fifteen (15) percent variance from the original award which are consistent with the agreement as approved. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson and and 386 Commissioners Minutes Continued. October 25, 1390 Moved by Richard Kuhn supported by Skarritt the resolution be adopted. Moved by Richard Kuhn supported by Huntoon the resolution be amended as recommended in the Fiscal Report (change the reimbursement period to October 1, 1990 - September 30, 1991) A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Huntoon, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Price, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Crake, Ferrens, Gosling. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. In accordance with Rule XXII. the following referrals were made by the Vice Chairperson: — GENERAL GOVERNMENT:. a. Lake County Board of Commissioners - (Support) Library Fund Increases . OTHERS • ---Commissioners a. Thomas J. Bulger - Washington Report for the Week of October 9, 1990 b. Thomas J. Bulger - Washington Report for the Week of October 15, 1990 Richard D. Kuhn, Jr. a. Michigan Dept. of Social Services - Children's Village/Administrative Rule Exemption Management & Bud et a. Equaliiition - Ind. Fac. Exemption over 5% SEV, Creative Industries Group City of Auburn Hills There were no objections to the referrals. Moved by Johnson supported by Gosling the Board adjourn until November 8, 1990 at 9:30 a.m. A sufficient majority having voted therefor, the motion carried and the Board adjourned at 11:11 a.m. RICHARD A. ELLIOTT NANCY MC CONNELL Deputy County Clerk Vice Chairperson 387 OAKLAND COUNTY Board Of Commissioners MEETING November 8, 1990 Meeting called to order at 9:30 a.m. by Chairperson Roy Rewold in the Courthouse Auditorium, 1200 North Telegraph, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling. Runtoon, Jensen, Johnson. R. Kuhn, S. Kuhn, Law. Luxon," McConnell, 'McCulloch, • Mchersori; Moff(tt, Oiks, Olsen..Pernick, Price.,Rewold,, Skarritt, Wolf. 126) - ABSENT; Pappageorge. (1) Quorum present. Invocation given by Commissioner Ruel McPherson. Pledge of Allegiance to the Flag. Moved by Ferret's supported by Crate the minutes of the October 26, 1990 meeting be approved as printed. A sufficient majority having voted therefor, the minutes were approved. • Moved by Olsen supported by Pernick the agenda be approved as presented. A sufficient majority having voted therefor, the agenda was approved. Commissioner Lawrence R. Pernick presented a Commendation to James 6. Meenahan for his contributions to Solid Waste Planning for the County of Oakland. John King and Marilynn Burton-Ristau addressed the Board. Moved by Caddell supported by Gosling the agenda be amended by removing Item "F m (Personnel - Salary Administration 3rd Quarter) from Finance Committee and place in under Personnel Committee as item .b". . A sufficient majority having voted therefor, the amendment carried. Report fhtsc.90257) By Finance Committee • IN RE: Corporation Counsel - APPOINTMENT OF COUNSEL - MARGIOTTA v. 103IK, ET AL, Case No 90-CV-73002-DT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed Miscellaneous Resolution No. 90257, 'Corporation Counsel - Appointment of Counsel - Margiotta v. Kosik„ et al, Case No 90-CV-73002-DT,m reports with the recommendation that said resolution be adopted. Mr. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FIKABCE COMMITTEE G. William Caddell, Chairperson Commissioners approves the David F. Breck in the case per hour and paid from the adoption of the foregoing MARGIOTTA V KOSIK, ET AL, Case No. Case No. 90-CV-73002-DT, has been filed from Judge Breck's official duties as Lewis represent him in Hill J1113 Commissioners Minutes Continued. November B. 1990 Misc. 90257 By Finance Committee IN RE: Corporation Counsel - APPOIKTKEHT OF COUNSEL - 90-CV-73002-DT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WeEREAS a case entitled Margiotta v Kosik. et al, and served upon Defendant, Circuit Judge David F. Breck: and WHEREAS the subject matter of said suit arises Oakland County Circuit Judge; and WHEREAS Judge Breck has requested that Robert B. Webster of this matter. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of appointment of Robert B. Webster of Hill Lewis to represent the Honorable Of Marigotta v Kosik. et al, Case No. 90-CV-73002-0T. BE IT FURTHER RESOLVED that said appointment shall be at $75.00 County Building & Liability Insurance Fund No. 73530. ' Mr. Chairperson, on behalf of the Finance Committee, I move the resolution. • FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Crake the resolution be adopted. AYES: Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen Johnson, R. Kuhn, S. Kuhn, Law, Lexon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pernick, Rewold, Skarritt,'Wolf. (23, NAYS: Aaron. (1) A sufficient majority having voted therefor, the Misc. 90261 By Finance Committee IN RE: Manergement & Budget Dept. - APPORTIONMENT OF LOCAL TAX RATES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS your Finance Committee on Local Taxes has examined certificates, statements, papers and records submitted to it from the various townships, cities and villages having taxes to be spread upon the County Tax Roll, and has checked these documents with the pertinent taw (Section 37 General Property Tax Laws), and has caused corrections to be made where necessary; and WHEREAS your Committee has prepared tax certificates showing the certified rateg as adeusted by Sections 211.24E M.C.L., 211.34 M.C.L. and 211.34D M.C.L. of the General Property Tax Laws, authorized to be spread against State Equalized Valuations, which certificates are subeetted herewith and which are the basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners authorize the Clerk to sign these certificates, and; WHEREAS the certified rates are subject to Section 211.36 M.C -.L. which will allow additional millage to be voted up to and including December 7. 1990 for schools as specified in said Section; said additional millage(s) would require Board approval before they could be spread. NOW THEREFORE BE IT RESOLVED that this @yard adopt the attached certificates from the Finance Committee with thy recommendations eerein contained as part of the permanent records of the Board. BE IT FURTHER RESOLVED that the Clerk be authorized and directed to sign the several tax certificates on which the attached tabulation was based, thereby authorizing and directing the various assessing officers to spread the rates against the State Equalized Valuation set forth herein for 1990. Mr. Chairperson, on behalf of the Finance Committee, r move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Susan Kuhn the resolution be adopted. AYES: Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn. Law, Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pernick, Rewold, Skarritt, Wolf, Aaron. (24) NAYS: None. (0) resolution was adopted. 389 Commissioners Minutes Continued. November 8, 1990 A sufficient majority having voted therefor, the resolution was adopted. Misc. 90262 By Finance ommittee IN RE: Drain Commissioner - REQUEST FOR ONE (1) ADDITIONAL VEHICLE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: • • WHEREAS pursuant to Miscellaneous Resolution f7393 of December 18, 1976, the Oakland County Board of Commissioners adopted a "County Policy on Alsienment of County Vehicles"; and WHEREAS the policy for additional vehicles requires the affirmative recommendation of the Finance Committee; and WHEREAS Section G of this policy also states that the Finance Committee shall recommend to the Board of Commissioners an appropriation sufficient to cover the acquisition cost plus monthly charges; and WHEREAS Miscellaneous Resolution 090060, adopted March 22, 1990 authorized the creation of one (1) additional Civil Engineer III position in the Drain Commissioner Department to support increased project activity; and WHEREAS the Drain Commissioner Department has requested one (1) additional vehicle for Project Engineering; and WHEREAS this vehicle will be purchased through the Drain Equipment Fund and monthly lease cherges will be charged to Projects; and . WHEREAS no additional appropriation is required; and WHEREAS the County Executive recommends this expansion of the County vehicle fleet. HOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the expansion of the County vehicle fleet by one (1) vehicle as requested by the Drain Commissioner. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. Moved by Caddell supported by Olsen the resolution be adopted. AYES: Caddell, Calandra, Chester, Crake, ferrens, Gosling, Huntoon, Jensen. Johnson, R. Kuhn, S. Kuhn, Law, Luzon, McConnell, McCulloch, McPherson, Oaks, Olsen, Perniek, Price, Rewold, Skarritt, Wolf. Aaron, Bishop. 125) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. •90263 By Finance Committee IN RE: Drain Commissiuner - TIMING OF FUND ADVANCE FOR BUNNY RUM LAKE PROJECT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: .WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution No. • 89131 on May 25, 1989, directing the Prosecuting Attorney to institute a complaint-to establish a lake level for Bunny Run Lake, as provided in Act 146 of the Public Acts of 1961; and WHEREAS the Oakland County Circuit. Court by its order dated July 9, 1990 established the normal height and level for Bunny Run Lake and confirmed a special assessment district whose residents will be assessed for the cost of•construction and future maintenance for the Bunny Run Lake Dam; and WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution No. 90133 on August 30, 1990, authorizing the advance of a sum not to exceed $285,000 to the lake level control district for Bunny Run Lake to be repaid with interest to Oakland County; ond WHEREAS Miscellaneous Resolution 90133 also provided that no advance shall be made to the lake level control district for Bunny Run Lake until a special assessment roll has been confirmed pursuant to the provisions of Act 146 of the Public Acts of 1961."; and , WHEREAS the Drain Commissioner has determined that the cost to the residents in the special assessment district can be reduced if the special assessment roll is adopted and confirmed on or about July.1, 1991 after the exact cost of construction of the Bunny Run Lake Dam is known; and • WHEREAS the postponement of the adoption and confirmation of the special assessment roll for the Bunny Run Lake Dam will not represent an additional cost to Oakland County because all funds advanced for the construction of the dam will earn interest from the date that the advance of funds is made; and WHEREAS the Drain Commissioner requests that the Oakland County Board Of Commissioners rescind the requirement of Miscellaneous Resolution 490123 that no advance be made to the lake level control district until a special assessment roll has been confirmed, and authorize the advance of the sum not to exceed $285,000 at the interest rate set by the Board of Commissioners prior to the adoption and confirmation ef the special assessment roll, with the understanding that the special FINANCE COMMITTEE G. William Caddell, Chairperson 390 Commissioners Minutes Continued. November 8, 1990 assessment roll will be adopted and confirmed on or before July 1, 1991. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby amends Miscellaneous Resolution 90133 adopted on August 30, 1990 to authorize the advance of the sum not to exceed $zasp000 at an interest rate equal to the six-month Treasury Bills as of August 30, 1990, with the advance of funds to be made as necessary during the construction of the Bunny Run Lake Dam. BE IT FURTHER RESOLVED that the Drain Commissioner shall adopt the special assesameet roll for the repayment of the funds advanced, and present it for confirmation to the Oakland County Board of Commissioners on or before July 1, 1991. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE , G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. _ AYES: Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, LUXOR, McConnell; McCulloch, McPherson, Oaks, Olsen, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell. (25) NAYS: hone. (0) A sufficient majority having voted therefor, the resolutionavas adopted. Misc. 90264 • By Finance Committee IN RE: Department of Institutional and Human Services/Health Division - MICHIGAN RADON IN-SCHOOL SURVEY REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution ,B9105, the Health Division applied to the Michigan Department of Public Health (MDPH) for,a reimbursement aereement in the amount of $3,504 to test the radon level at ten (10) schools; and WHEREAS the MOM has awarded the Health Division a reimbursement agreement for the period October 1, 1990 through March 31, 1991 in the amount of $3,500, the same as the application, to conduct these tests; and WHEREAS existing Health Division staff will conduct these tests, no additional County resources are required; and WHEREAS the Office of Corporation Counsel has reviewed the agreement and approved it as to legal sufficiency: and WHEREAS acceptance of this agreement does not obligate the County to any future commitments. • NOW THEREFORE BE 17 RESOLVED that the Oakland County Board of Commissioners accept the Michigan Radon In-School Survey Reimbursement Agreement with the Michigan Department of Public Health in the amount of $3,500. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute said agreement and to approve agreement modifications and extensions within a fifteen (15) percent variance from the original award and which are consistent with the original agreement. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: Revenue 3-22100-162-20-00-2218 Inspection Fee $3,500 Expenses . 4-10100-909-01-00-9900 Contingency $3,500 Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. • FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Huntoon the resolution be adopted. AYES: Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandno. (2S) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 391 Commissioners Minutes Continued. November 8, 1990 Misc. 90265 By Finance Committee IN RE: Computer Services Department - 1990 THIRD QUARTER DATA PROCESSING DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS all data processing development cost is incorporated as a single appropriation within the Computer Services Department Budget and then an amount equal to the actual expense is transferred to the user department on a quarterly basis with a summary report to the Finance Committee; and WHEREAS the Computer Services Department has determined the 1990 third quarter data processing development charges in the amount of $382,135 for the governmentally funded County departments offset by a credit given in the third quarter of $128,721 for a net total of $253,414; and WHEREAS these development charges are for programs which are in conformance with the guidelines set forth by the Computer User Advisory Committee and the Computer Center master plan approved by the Finance Committee; and WHEREAS an appropriation transfer to governmentally funded County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED the Board of Commissioners has reviewed the 1990 Third Quarter Data Processing Development for user departments and finds $253,414 from the 1990 Data Processing Development budget (acct. #4-10100-181-01 -00-6361) and transfers said funds to the appropriate user departments consistent with the attached schedule. . Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Johnson the resolution be adopted. . AYES: Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luzon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90266 By Finance Committee IN RE: Computer Services Department - PROCESSOR REPLACEMENT PLAN To the Oakland County...Board of Commissioners Mr. Chairperson, Ladies . and Gentlemen: WHEREAS the County of Oakland currently provides computing services to all county divisions and departments, 46 local pellet agencies, 30 Oakland County local communities and 20 commercial sites, encompassing over 1,500 on-line terminals with 260,000 on-line transactions processed daily; and WHEREAS on-line transactions per month have increased 82% over the last year; and WHEREAS the current 4381 processor has reached a saturation point resulting in negative impact on response time; and WHEREAS a working committee comprised of Oakland County Computer Services operations staff and KPOIG Peat Marwick consultants have analyzed the rapidly increasing workload to evaluate the most cost-efficient options to meet the current and future workload; and WHEREAS the consultant has recommended that a) our 4381 processor be replaced with one (1) 9000-260; and b) filed upgrading to 9000-320 in 3 years; and WHEREAS Computer Users Advisory Committee and the County Executive recommends adoption of processor replacement plan; and WHEREAS sufficient funds exist in the 1990/1991 Biennial Budget within Computer Services Department to acquire the replacement, thus no additional County appropriation is required. NOW THEREFORE BE IT RESOLVED that Oakland County Board of Commissioners approves the recommendation for processor replacement and authorizes the Computer Services Department to replace one (1) 4381 with one (1) 9000-260 with field updating to 9000-320 in three years. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Skarritt the resolution be adopted. 392 Commissioners Minutes Continued. November 8, 1990 AYES: Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Galandro, Chester, Crake. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90267 By Finance Committee IN RE: Department of Public Services/Circuit Court Probation Division - ACCEPTANCE OF SUPPLEMENTAL TECHNICAL ASSISTANCE FUNDING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS this supplemental Technical Assistance Funding of $8,128 has been awarded by the Michigan Department of Corrections as additional funding to the previous award of $40,000 per Miscellaneous Resolution #90143; and WHEREAS this additional funding is to continue the preparation of a community corrections plan for Oakland County, provided through contracted Professional Planning and Consultation Services with Oakland University; and WHEREAS the term of this contract covers the period of May 15, 1990 through December 31, 1990, which includes the original funding of $40,000 and the Supplemental funding of $8,128, for a total program cost of $48,128; and WHEREAS the Office of Corporation Counsel has reviewed this grant and approved it as to legal sufficiency; and WHEREAS acceptance of the Supplemental funding does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the'Oakland County Board of Commissioners accept the Supplemental Technical Assistance funding in the amount of $8,128. BE IT FURTHER RESOLVED that the total program funding of $48,128 be approved for the period May 15. 1990 through December 31, 1990 as stated on the attached contract. BE IT FURTHER RESOLVED that the following amendment be made to the 1990 Adopted Budget: Revenue 3-27371-179-01-00-2185 Probation Community Corrections Plan - Grant Revenue $8,128 Ex enses -27171-179-01-00-3128 Circuit Court Probation - $8,129 Professional Service FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Chester the resolution be adopted. AYES: Gosling, HuntOon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pernick, Price, Rewuld, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens. {25) • Nays: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90268 By General Government Committee IN RE: (OPPOSE) SENATE BILLS 380 and 381, CREATING A STATE REMONUMENTATION PROGRAM FUNDED BY INCREASED FEES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies'-and Gentlemen: • WHEREAS Senate Bill 380 would establish the State Survey and Remonumentation Commission in the Department of Commerce and prescribe the Commission's duties, which would include coordinating the maintenance of land survey records and preservation of information obtained from surveys made by authorized persons, and WHEREAS S8 380 would also require each county to establish a plan for the monumentation Or remonumentation of the entire county within 20 years and would mandate the Commission to create a model county plan; and WHEREAS Senate 8111 381, which is tie-barred to SB 380, would create the State Survey and Remonumentation Fund and impose an additional $4 fee on all county Register of deeds recordings with $2 going to the fund and $2 earmarked for county general funds; and WHEREAS these bills passed the Senate in substitute form on May 19, 1990. and are in the House Committee on State Affairs where they may be considered before the end of the year; and WHEREAS following discussion of this legislation, after receiving input from Clerk-Register Lynn Allen, the General Government Committee recommended opposition to SB 380 and 381 Commissioners Minutes Continued. November 8, 1990 393 because (1) it is doubtful Oakland County really needs this legislation: (2) an amendment will likely be proposed and adopted in the House Committee to sunset the $4 fee in 1994, thus creating a funding void for most of the 20-year period and imposine an unknown cost burden on counties. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes Senate Bills 380 and 381. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Oakland County Legislators and to the County's Legislative Agent. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Jensen the resolution be adopted. AYES: huntoon, .:ensen, Johnson, R. Kuhn, S. Kohn, Law, Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90269 By Personnel Committee IN RE: Personnel Department - 1990 -1992 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS the Oakland County Health Division, the County of Oakland and the Michigan Nurses Association have been negotiating a contract covering approximately 130 Public Health Nurses of the, Oakland County Health Division; and WHEREAS a three (3) year agreement has been reached for the period January 1, 1990 through December 31, 1932 and said agreement has been reduced to writing; and WHEREAS the agreement has been reviewed by your Personnel Committee which recommends approval of the agreement; and WHEREAS there are also nine (9) Public Health Program Coordinators who directly supervise employees in this bargaining unit whose salary differential will be significantly diminished unless an adjustment is made in their rate. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and the Michigan Nurses Association, be and the same is hereby approved; and that the Chairperson of this Board, on behalf of the County of Oakland be and is hereby authorized to execute said agreement, a copy of which is attached hereto. BE IT FURTHER RESOLVED that Public Health Program Coordinators receive a lump sum payment equivalent to one-half of one percent (112%) of their current 1990 rate to be paid at the same time as the 1990 retroactive payment is made to the employees in the unit. BE IT FURTHER RESOLVED that the 1991 Public Health Program Coordinators class be considered an exception to the salary grade table and their 1991 rate be established as follows: Base 1 year 2 Year 3 Year 4 Year 5 Year 31,405 33,318 35,232 37,148 -39,T161 41 ,97-6 Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandro, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections, Misc. 90258 By Personnel Committee IN RE: Personnel Department - SALARY ADMINISTRATION THIRD QUARTERLY REPORT FOR 1990 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Study Group Reports approved by the Board of Commissioners for Grades 1 - 21 provided for a review and appeal process for departments and employees wishing to challenge the salary grade placement of classifications; and WHEREAS the Third Quarterly Report for 1990 was submitted to the Personnel Committee identifying the reviews requested and the salary grade changes recommended by the Personnel Department after completion of this review process; and WHEREAS the Third Quarterly Report for 1990 also includes the Job Evaluation Review Panel recommendation on the salary grade placement of a classification appealed to the Job Evaluation Review panel; and WHEREAS funds have been established in the Classification and Rate Change fund to 394 Commissioners Minutes Continued. November 8, 1990 implement salary grade changes resulting from salary administration quarterly report recommendations; and WHEREAS the Personnel Committee has reviewed and approved this report; NOW THEREFORE BE IT RESOLVED that changes in salary grade placement and reclassifications be implemented as shown: Salary Grade Reclassify Classification From: To: to New Class Animal Control Supv. 9 10 Public Health Nutrition Supv, 13 14 Manager-Facilities Eng. 20 21 Sheriff Business Assistant 9 11 District Ct. Administrator 13 16 Business Development Rep, 12 13 Reclassify to new class of Sr. Business (Position 1920105258 only) Development Representative Mr. Chairperson, on behalf of the Personnel Counittee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandra, Chairperson Fiscal Note (Misc. 90258) . By Finance Committee IN RE: Personnel Department - SALARY ADMINISTRATION THIRD QUARTERLY REPORT FOR 1990 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution f90258 and find: 1) The Personnel Committee has approved the attached Salary Administration Third Quarterly Report for 1990; 2) Governmental funded salary cast for the period November 17, 1990 through December 31, 1990 is $2,627, fringe benefit cost for the same period is $761; 3) Governmental funded annual cost is $22,857 for salaries. $6,785 for fringe benefits; 4) Funds are available in the 1990-91 Appropriation Reserve for Transfer Classification and Rate Changes Account (909-01-00-9902) and the following amendments are recoMmended: 1990 1991 . 4-10100-909-01-D0-9902 Rate A Classification Changes ($3.408) 1113,143) 4-10100-322-01-00-1001 Dist. Ct. I - Salaries 331 2,618 4-10100-322-01-00-2070 Fringe Benefits 89 776 4-10100-323-01-00-1001 Dist. Ct. II - Salaries 338 2,938 4-10100-323-01-00-2070 Fringe Benefits 100 873 • 4-10100-324-01-00-1001 Dist. Ct. III -Salaries 326 . 2,832 4-10100-324-01 -00-2070 Fringe Benefits 97 8.41 4-10100-325-01-00-1001 Dist. Ct. IV -Salaries 319 2,778 4-10100-325-01-00-2070 Fringe Benefits 9S . 825 4-10100-432-01-00-1001 Sheriff - Salaries 146 1,271 4-10100-432-01-00-2070 Fringe Benefits 43 377 4-10100-148-01-00-1001 PW/Facil. Eng. - Salaries 152 1,323 4-10100-148-01-00-2070 Fringe Benefits 45 393 4-10100-162-33-00-1001 Health Services - Salaries 255 2,308 4-10100-162-33-00-2070 Fringe Benefits 79 685 4-10100-178-01-00-1001 Animal Control - Salaries 181 1,574 4-10100-178-01-00-2070 Fringe Benefits 54 467 4-10100-178-05-oo-loal Animal Control - Salaries 177 1,545 4-10100-178-05-00-2070 Fringe Benefits 53 459 • . 4-10100-178-10-00-1001 Animal Control - Salaries 181 1,574 4-10100-178-10-00-1070 Fringe Benefits 54 467 4-10100-192-01-00-1001 Econ. Development - Salaries 241 2,096 4-10100-192-01-00-2070 Fringe Benefits 72 623 L=1;'.- 1....±.... FINANCE COMMITTEE C. William Caddell, Chairperson Moved by Calandro supported by Ferren$ the resolution be adopted. Moved by Gosling supported by Susan Kuhn the question be divided by removing consideration of the reclassification of District Court Administrator from the resolution and referring that reclassification back to the Personnel Committee for further consideration, and voting on the rest of the resolution (as amended) Vote on amendment: Commissioners minutes Continued. November 8, 1990 395 AYES; Jensen, ..16nnson, S. Kuhn, Law, McConnell, McCulloch, Olsen, Rewold, Skarritt, Wolf. Aaron, Bishop, Calandro. Chester, Crake, Ferreus, Gosling, Huntoon. (18) NAYS: R. Kuhn, Luxon, McPherson, Oaks, Pernick, Price, Caddell. (7) A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: ANES: Jonnson, R, Kuhn, S. Kuhn, Law, Lueon, McConnell, McCulloch, McPherson, Oaks. Olsen, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Nuntoon, Jensen. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90270 By Public Services Committee IN RE: EMS and Emergency Management Division - TORNADO WARNING SYSTEM EXPANSION (South Lyon) To the .Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the -Oakland County Tornado Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions. whereby local units pay seventy-five percent and the County twenty-five percent With the County being responsible for the maintenance and electrical costs for the siren purchased; and WHEREAS the City of South Lyon, per the attached Purchase Agreement, has requested to participate in the siren system; and WNEREAS the City of South Lyon has agreed to pay seventy-five percent of the total, estimated cost of one siren; and WHEREAS consistent with the attached standard agreement, the City of South Lyon agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the appropriation of $4,250.00, consistent with the attached budget, as Oakland County's match. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the City of South Lyon. BE IT FURTHER RESOLVED that the County Executive be and is hereby authorized to execute said agreement. BE IT FURTHER RESOLVED that written quarterly progress reports be presented to the Public Services Committee by the Manager of the Emergency Medical Services and Emergency Management Division and to the balance of the members of the Board of Commissioners. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr.', Chairperson Copy of Agreement On file in County Clerk's Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90271 By Public Services Committee IN RE: EMS and Emergency Management Division - TORNADO WARNING SYSTEM EXPANSION ( Oakland University) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by Miscellaneous Resolution Numbers 7265, 7971, and 8664, accepted federal grants to defray a portion of the costs of purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County's share of the costs will remain at twenty-five percent, as has been the policy previously established by the Board of Commissioners by. various miscellaneous resolutions, whereby local units pay seventy-five percent and the County twenty-five percent with the County being responsible for the maintenance and electrical costs for the siren purchased; and WHEREAS Oakland University, per the attached purchase agreement, has requested to participate in the siren system; and WHEREAS Oakland University has agreed to pay seventy-five percent of the total estimated cost of one siren; and WHEREAS consistent with the. attached standard agreement, Oakland University agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and 396 Commissioners Minutes Continued. November 8, 1990 the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that.the Oakland County Board of Commissioners authorize the appropriation of $4.250.00, consistent with the attached budget, as Oakland County's match. - BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and Oakland University. BE IT FURTHER RESOLVED that tee County Executive be and is hereby authorized to execute said agreement. BE IT FURTHER RESOLVED that written quarterly progress reports be presented to the Public Services Committee by the Manager of the Emergency Medical Services and Emergency Management Division and to the balance of the members of the Board of Commissioners, Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE G. William Caddell, Chairperson Copy of Purchase Agreement on file in County Clerk's Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90272. By Public Services Committee IN RE: CAMP OAKLAND YOUTH PROGRAMS, INC. - NEW PER DIEM RATES SET BY THE STATE OF MICHIGAN FOR THE 1991 CALENDAR YEAR; AMENDMENT TO PRESENT CONTRACT TO INCLUDE THE ADDITION OF 3 SLOTS TO DAY STUDENT PROGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS under authority of Miscellaneous Resolutions V6712I, Camp Oakland Youth Programs, Inc. entered into an agreement with Oakland County, commencing on July 1, 1987 regarding care, housing, treatment and maintenance of youth, according to the needs of the youth of Oakland County; and WHEREAS the agreement has been renewed upon terms and conditions mutually advantageous and agreeable to the 'parties; and WHEREAS the State of Michigan Department of Social Services sets per diem rates for all private facilities, based on 12 months of Actual ,cost, verified by independent audit, before establishing a new per diem rate; and WHEREAS Camp Oakland Youth Program, Inc. would now be able to execute earlier release for Boys' and Girls' Ranch residents, if the current agreement were amended to add 3 (three) additional slots for the Day Student Program; and WHEREAS the Department of Institutional and Human Services, in cooperation with the Department of Management and Budget of Oakland County, is responsible for negotiating any per diem increase on behalf of the COUNTY; and 'WHEREAS these departments have reviewed the Camp Oakland f990 audit, which results in the following rates: 1. Boys' Ranch, Girls' Ranch and Adams House Residential: $98.61 per day, per bed; 2. Adams House Supervised Community Living: $32.20 per day, per slot; 3. Day Student Program: $42.00 per day, per slot; 4. Work Education: $137.45 per day, per bed; and WHEREAS adjustments to the per diem rate and/or negotiation of new agreements must be presented for approval to the respective governing boards. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves a change in the per diem rates of Boys' Ranch, Girls' Ranch and Adams House residential programs from $98.60 per day, per bed, to $98.61 per day, per bed, beginning January 1, 1991.. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves a change in the per diem rate of Adams House Supervised Community Living Program from $30.18 per day, per slot, to $32.20 per day, per slot, beginning January 1. 1991. BE Ii FURTHER RESOLVED that the Oakland County Board of Commissioners approves a change the per diem rate of the Day Student Program from $39.06 per day, per slot, to $42.00 per day, per slct, beginning January 1, 1991. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the enclosed amendment to the present agreement between Camp Oakland Youth Programs, Inc. and the County of Oakland, to add 3 (three) slots to the Camp Oakland Day Student Program, beginning January 1, 1991. with no addition made regarding payment for days of lowered utilization. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves a change in the per diem rate of the Work Education Program from $131.69 per day, per bed, to $137.45 per day, per bed, beginning April 1 • 1991. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Commissioners Minutes Continued, November 8, 1990 397 The Chairperson referred the resolution to the Finance CoOmittee. There were no objections. Misc. 90273 By public Services Committee IN RE: Sheriff's Department - ESTABLISHMENT OF ADDITIONAL LAW ENFORCEMENT•PATROL SERVICES AGREEMENT RATES - JANUARY 1, 1991 - DECEMBER 37, 1991 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland county Board of Commissinners to permit the Sheriff's Department to enter into contracts with Townships. Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS contract rates were established by Miscellaneous Resolution #89199 for the 24-month period January 1, 1990 through December 31, 1991; and WHEREAS the Sheriff s Department wishes to create additional rates for Captain and Patrol Deputy I With No Fill-In classifications in response a request from the City of Roehester Hills, as detailed in the attached schedules. NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Township Patrol Services for the period January 1, 1991 through December 31, 1991, such costs to be billed on a monthly basis: 1991 Captain $84.701 Patrol Deputy I With No Fill-In 550.493 • BE IT FURTHER RESOLVED that the Board of Commissioners approves the attached contracts for Law Enforcement Services and authorizes the Chairperson of the Board, County Executive and Sheriff to sign agreements for the Law Enforcement Services, Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of tee foregoing resolution. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90274 By Commissioner Dennis M, Aaron IN RE: FUNDING FOR RESPITE CARE AND OTHER SERVICES To the Oakland County Board of Commissioners • Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is the prime responsibility of the State of Michigan to fund necessary services under the direction of the Gommunity Mental Health Board including the funding required to provide respite care and housing for the developmentally handicapped; and WHEREAS funding for many necessary services in these areas has been inadequate; and WHEREAS the County of Oakland has the ability and means to supplement the programs of the Community Mental Health Board beyond the present County match of funds for presently funded programs. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners allocate in the 1991 budget the sum of five hundred thousand dollars ($500,000.00) to the Community Mental Health Board for funding of respite care and developmentally handicapped housing needs in 1991 and that the specific use of these funds by the Mental Health Board be subject to approval of the Board of Commissioners. BE IT FURTHER RESOLVED that the 1991 budget be amended by reducing the "line item" allocation for the funding of the 1991 costs of employees retirement needs in the amount of five hundred thousand dollars ($50C.000.00) Mr. Chairperson. I move adoption of the foregoing resolution. Dennis M. Aaron, Commissioner Dist. /19 The Chairperson referred the resolution to the Finance Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. City of Oak Park - Support of Proposed Construction of Auburn Hills Megamall in Auburn Hills b. Daniel T. Murphy - Submitting Name of Joseph Minjoe as new Director of Public Works Department c. Clinton County - (Oppose) HB 4670, Property Tax Foreclosure d, Michigan Dept. of Mental Health - Community Mental Health Board Appointments PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson 397 Commissioners Minutes Continued. November 8, 1990 The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90273 By Public Services Committee IN RE: Sheriff's Department - ESTABLISHMENT OF ADDITIONAL LAW ENFORCEMENT PATROL SERVICES AGREEMENT RATES - JANUARY 1, 1991 - DECEMBER 31, 1991 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contracts with Townseips, Villages and Cities for the purpose of providing Sheriff patrol services; and . WHEREAS contract rates were established by Miscellaneous Resolution 189199 for the 24-month period January 1, 1990 through December 31, 1991; and WHEREAS the Sheriff's Department wishes to create additional rates for Captain and Patrol Deputy I With No Fill -1n classifications in response a request from the City of Rochester Hills, as detailed in the attached schedules. NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Township Patrol Services for the period January 1, 1991 through December 31, 1991, such costs to be billed on a monthly basis: 1991 Captain $84T70-1 Patrol Deputy I With No Fill-In $50,493 • RE IT FURTHER RESOLVED that the Board of Commissioners approves the attached contracts for Law Enforcement Services and authorizes the Chairperson of the Board, County Executive and Sheriff to sign agreements for the Law Enforcement Services. Mr. Chairperson. on behalf of the Public Services Committee, I move-the adoption of the foregoing resolution. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90274 • By Commissioner Dennis M. Aaron IN RE: FUNDING FOR RESPITE CARE AND OTHER SERVICES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: - WHEREAS it is the prime responsibility of the State of Michigan to fund necessary services under the direction of the Community Mental Health Board including the funding required to provide respite care and housing for the developmentally handicapped; and WHEREAS funding for many necessary services in tnese areas has been inadequate; and WHEREAS the County of Oakland has the ability and means to supplement the programs of the Community Mental Health Board beyond the present County match of funds for presently funded programs. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners allocate in the 1991 budget the sum of five hundred thousand dollars 0500,000,00) to the Community Mental Health Board for funding of respite care and developmentally handicapped housing needs in 1991 and that the specific use of these funds by the Mental Health Board be subject to approval of the Board of Commissioners. BE IT FURTHER RESDLVED that the 1991 bueget be amended by reducing the "line item' allocation for the funding of the 1991 costs of employees retirement needs in the amount of five hundred thousand dollars (5500,000.00) Mr. Chairperson, I move adoption of the foregoing resolution. Dennis M. Aaron, Commissioner Dist. #19 The Chairperson referred the resolution to the Finance Committee. There were no objections. In accordance with Rule XXII, the following referrals were made by the Chairperson: GENERAL GOVERNMENT a. City of Oak Park - Support of Proposed Construction of Auburn Hills Megamall in Auburn Hills b. Daniel 1, Murphy - Submitting Name of Joseph Minjoe as new Director of Public Works Department c. Clinton County - (Oppose) HB 4570, Property Tax Foreclosure d. Michigan Dept. of Mental Health - Community Mental Health Board Appointments Punic SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson 398 Commissioners Minutes Continued. November 8, 1990 OTHERS Roy Rewold & Jack Olsen .a. Michigan Dept. of Mer,tal Health - Community Mental Health Board Appointments Management & Budget a. Equalization - Ind, Fac Ex., 5% SE1/ Excess, Creative Industries Group, Auburn Hills There were no objections to the referrals. The Chairperson announced the next meeting of the Board will be November 29, 1990 at 9;30 The Board adjourned at 10:09 a.m. LYNN D. ALLEN ROY REWOLD Clerk Chairperson a.m. a.m. OAKLAND COUNTY Board Of Commissioners MEETING November 23, 1990 Meeting called to order at 10:08 A.M. by Chairperson Roy Rewold in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks; Olsen, Paopageorge, Pernick, Price, Rewold, Skarritt, Wolf. (26) . ABSENT: Luxon (with notice) (1) Quorum present. Invocation given by Commissioner Thomas A. Law.- Pledge of Allegiance to the Flag. • Moved by Caddell supported by Olsen the minutes of the November 8, 1990 meeting be amended OD page 394. The fiscal Note given on that page for Misc. Resolution 90258 did not agree and he would therefor like to offer tne following new Fiscal Note: Fiscalliote (Misc. 90258) • • By Finance Committee IN RE: PERSONNEL DEPARTMENT - SALARY ADMINISTRATION THIRD QUARTERLY REPORT FOR 1990 TO the Oakland County Board of Commissioners • Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90258 and finds: - 1) The Personnel Committee has approved the attached Salary Administration Third Quarterly Report for 1990; . 2) Governmental funded salary cost for theperiod November 17, 1990 through December 31, 1990 is $1,343, fringe benefit cost for the same period is 4400; 3) Governmental funded annual cost is $11,691 for salaries, $3,471 for fringe benefits; 4) -Funds are available in the 1990-91 Appropriation Reserve for Transfer Classification and Rate Changes Account (909-01-00 -9902) and the following amendments are recommended: 1990 1991 4-10100-909-01-00-9902 4-101 00-432-01 -00-1 001 4-10100-432-01-00-2070 4-10100-148-01-00-1001 4-10100-148-01-00-2070 4-10100-162-33-00-1001 4-01000-162-33-00-2070 4-10100-178-01-00-1001 4-10100-178-01-00-2070 4-1 0100-1 78-05-00-1 001 4-10100-178-05-00-2070 4-10100-178-10-00-1001 4-10100-178-10-00-1070 Rate & Classification changes Sheriff-Salaries ' Fringe Benefits PW/Facil. Eng.- Salaries Fringe Benefits Health Srvcs. - Salaries Fringe Benefits Animal Control - Salaries Fringe Benefits Animal Control - Salaries Fringe Benefits Animal Control - Salaries Fringe Benefits ($1,743) 145 43 152 45 265 79 181 54 177 53 181 54 ($15,162) 1.271 . 377 1,323 393 2,308 685 1,574 467 1,545 459 1,574 467 4-10100-192-01-00-1001 Econ. Development - Salaries 4-10100-192-01-00-2070 Fringe Benefits 241 2,096 72 623 $ -0- FINANCE COMMITTEE G. William Caddell, Chairperson 400 Commissioners Minutes Continued. November 29, 1990 A sufficient majority having voted therefor, the amendment carried. • Vote on approval of the Minutes, as amended: A sufficient majority having voted therefor, the minutes, as amended, were approved. Moved by Olsen supported by Pernick the rules be suspended and the agenda be amended for the following: Under Finance Committee - Item "d" (Road Corp/County Exec-Intelligent Vehicle Highway Systems - add General Government Committee Report (Committee Meeting held 11/26/90) Also add to the agenda under General Government Committee the following resolution: Health Division - ADDITION TO HEALTH DIVISION FEE SCHEDULE (MOSS Facility Inspections) (reason: Waive Rule XXVII, 5-day Notification - Committee Meeting held 11/26/90 [for referral to Finance Committee3) A sufficient majority having voted tnerefor„ the amendment to the agenda was approved. Vote on agenda as amended: AYES: Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McPherson, Moff .itt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf. (22) NAYS: None. (0) A sufficient majority having voted therefor, the agenda, as amended, was approved. Clerk read letter from Lynn C. Keinath, Director of Veice of Oakland Citizens Against Landfills. Clerk read letter from Chairperson Roy Rewold announcing the appointment of Richard G. Skarritt to the Tipsico Lake Improvement Board. There were no objections to the appointment. Moved by Caddell supported by Clsen the Board hold a Public Hearing on the Proposed 1993 Budget. The Chairperson set the Public Hearing for 10:00 A.M. December 13, 1990. County Executive Daniel T. Murphy addressed the Board. Marilynn Burton-Ristau addressed the Board. Misc. 90275 .-- By Finance 'Committee IN RE: Public Works Department/Water.and Sewer Operations Division - ADDITION OF ONE (I) VEHICLE TO THE COUNTY FLEET FOR PUMP MAINTENANCE MECHANIC To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #7393 of December 8, 1975 the Oakland County Board of Commissioners adopted a "County policy on the assignment of County vehicles"; and WHEREAS the policy for additional vehicles requires the affirmative recommendation of the Finance Committee and states that the Finance Committee shall recommend to the Board of Commissioners an appropriation sufficient to cover the acquisition cost plus monthly charges for the balance of the current year; and WHEREAS the Oakland County Public Works Department, Water Sewer Operations Division, has made a request to lease one (1) additional vehicle from the Oakldnd County Garage for a position which was authorized by Miscellaneous Resolution #89328 which oeproved the 1990 adopted budget; and WHEREAS a 1-ton truck with utility body and radio is requested for use by a pump maintenance mechanic who will be servicing sewage pumps for maintenance and emergency repairs; and WHEREAS the estimated purchase cost is 315,140 for the 1-ton truck with utility body and radio; and WHEREAS the purchase cost of this vehicle and equipment is $15,140 and said amount is in the 1990 General Fund Contingency Account; and WHEREAS funds are available in the Water and Sewer Operations budget to cover the monthly leasing charges; and WHEREAS the County Executive recommends the expansion of the County Car Fleet. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes an expansion of the County Car Fleet for the one (1) vehicle requested by the Public Works Department, Water & Sewer Operations Division. BE IT FURTHER RESOLVED that $15,140 be transferred from the 1990 Contingency Account to Commissioners Minutes Continued. November 29, 1990 the Water and Sewer Operations Divis.on to cover the acquisition cost of the one (1) vehicle with equipment as follows: 4-10100-909-01-00-9900 Contingency $(15,140) 4-10100-142-01-00-8665 Water & Sewer-Transfer to Motor Pool 13,840 4-10100-142-01 -00-8675 Water S Sewer - Transfer to Radio Fund 1,300 $ -0- Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE C.rOMMITTEE G. i1liam Caddell, Chairperson Moved by Caddell supported by Law the resolution be adopted. AYES: Caddell, Calandra, Chester, Crake, Gosling, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Pappageoroe, Pernick, Price, Rewold, Skarritt, Wolf. Aaron, Bishop. (23) NAYS: None. (D) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90276 By Finance Committee • IN RE: Public Works/Facilities Engineering Division - AUTHORIZATION TO -FUND THE REPLACEMENT or UNDERGROUND STORAGE TANKS To the Oakland County Board of Commissioners Mr. Chairperson. Ladies and Gentlemen: WHEREAS BY Miscellaneous Resolution #89332 of Board of Commissioners authorized the County Executive's Facilities Engineering Division to establish and fund the replacement of underground storage tanks at the Central Garage at a project cost of $195,OCO; aad WHEREAS a contract was awarded to Delta Environmental for $177,221 for construction and soil removal; and WHEREAS, during the replacement of the tanks, the cost to remove the contaminated soil was more than budgeted due to the excessive amount of contaminated soil; and WHEREAS in July 1994, the contractor was directed to remove the contaminated soil at which time Planning and Building Committee was notified., and WHEREAS the additional costs incurred are $67,210 and are available within the 1990 Capital Improvement Program - Utilities Fund in funds carried forward from prior years, NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the transfer of funds ($67,210) from the Utilities Fund $40200 to the Replacement of Underground Storage Tank Project within the Project Work Order Fund #40400. BE IT FURTHER RESOLVED that the County Executive is authorized to extend the contract with Delta Environmental in concurrence with Planning and auilding Committee Recommendation. Mr. Chairperson, on behef of the Finance Committee, I move the adoption of the foregoing resolution, FINANCE COMMITTEE G. William Caadell, Chairperson Report to Finance Committee By Planning and Building Committee IN RE: REPLACEMENT OF UNDERGROUND TANKS - CENTRAL GARAGE (Project No. 89-10) Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed Facilities Engineering _Division's report regarding the removal of additional contaminated soil at the Central Garage, reports with the recommendation that $67,210.00 be added to the project for this purpose. Mr. Chairperson, on oehalf of the Planning and Building Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Caddell supported by Johnson the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Johnson the resolution be adopted. AYES: Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 401 402 Commissioners Minutes Continued. November 29, 1990 Misc. 90277 By Finance Committee IN RE: INDIGENT HEALTH CARE AD HOC COMMITTEE RECOMMENDATIONS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #90I67, datee June 28, 1990, the Indigent Health Care Ad Hoc Committee was formed to analyze indigent health care cost and recommend cost reduction and control measures; and WHEREAS the committee consisted of Commissioners 5karritt (Chairperson), Gosling, and Price as well as the Directors of the County Departments of Management and Budget, and Social Services, and the Manager of the County Health Division; and WHEREAS the committee has met, solicited information from individuals within the County and from the private sector, and explored a variety of program options operated by the other counties in the state and in other states in developing the following recommendations: A. Recommendations to the County Social Services Board 1. RCHP applicants be required to participate in face to face interview with a OSS worker at some point during the eligibility determination process. Applicants who do not follow through on"the face to face.requirementeeill be denied benefits. 2. The application for benefits must be sent to the local DSS office within five (5) working days from date of discharge. 3. No payments are to be approved until all potential third party reimbursement, including settlements have been explored. If third party reimbursement is not forth coming: the client will have a period of time to re-apply for RCM, benefits. B. Recommendations to County Board of Commissioners 1. Explore contracting with an outside firm to review RCHP charges at the hospital; ascertain their legitimacy, and make certain that all other reimbursement options are explored. 2. To facilitate this contracting, transfer $100,000 from The Department of Social Services 1991 RCHP Appropriation to The Department of Management and Budget - Administration Unit Professional Services line-item. The transfer and use of these funds will be subject to The General Appropriations Act, 3. Direct continued exploration of other cost reductions and control measures including legislative changes. 4. Request Management and Budget review a system to more actively pursue reimbursement of RCMP expenses, and report back to the General Government ComEittee and Finance Committee by March 1, 1991. . . NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the recommendations of the Indigent Health Care Ad Hoc Committee and approves those amendments to the 1991 Budget necessary to facilitate the recommendations. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Skarritt the Report to the Finance Committee by the Indigent Health Care Ad Hoc Committee be accepted. A sufficient majority having voted therefor, the report was accepted_ Moved by Caddell supported by Chester the resolution be adopted. AYES: Chester, Crake, Ferrens, Gosling, Huntoon, 'Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishep, Caddell, Calandro. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 90278) By General Government Committee IN RE: INTELLIGENT VEHICLE - HIGHWAY SYSTEMS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the last BE IT FURTHER paragraph amended to read: "BE IT FURTHER RESOLVED the release of this appropriation is contingent upon the execution of appropriate contracts and as costs are incurred with approval of the Fiance-Eommfttee.General Government Committee." Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson 403 Commissioners Minutes Continued. November 29, 1990 Misc. 90278 By Finance Committee le RE: INTELLIGENT VEHICLE-HIGHWAY SYSTEMS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS traffic problems are of major concern; and WHEREAS the County recognizes it can not "pave" its way out of traffic congestion; and WHEREAS innovative solutions have maximized Oaklanc County efforts to better serve Ceuety residents while minimizing cost; and WHEREAS the County Executive recognizes end supports the Intelligent Vehicle-Highway Systems as an opportunity to alleviate traffic proelems at minimum cast, particularly minimum local effort cost; and • WHEREAS a demonstration project allows tee County to leverage a one time $2 million expenditure into $50-$60 even $70 million federal and/or state funeine; and WHEREAS the County has identified funds for this purpose. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners endorses and funds the demonstration of tte Intelligent Vehicle -Hignway Systems. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners appropriates $2,000,000 per the budget as follows. 1990 Expenditures: Special Coetirgency (1,000,000) Intelligeet Vehicle-Highway Systems $1,000,000 1991: Revenue Prior Years Balance Expenditure Intelligent Vehicle-Highway Systems 51,000,000 $1,000,000 BE IT FURTHER RESOLVED the release of this appropriation is contingent upon the execution of appropriate contracts and as costs are incurred with approval of the Finance Committee. Mr. Chairperson, on behalf of the Finance Comeettee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Dr. Caddell requested the resolution be laid over to the next regular Board meeting to be held December 13, 1990. eThere were no objections. Report By Finance Committee IN RE: SOLID WASTE SYSTEM IMPLEMENTATION COSTS FOR PHASE I AND PHASE It eOND ISSUES . To the Oakland Comity Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed tne Fiscal Report prepared by the Department of Management and Budget entitlec, "Solid Waste System Implementation Costs for Phase I and Phase II Bond Issues," is forwarding the Report to the full Board without recommendation for information purposes only. Mr. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing Report. FINANCE COMMITTEE C. William Caddell, Chairperson Fiscal Report to the Finance Ccmmittee By Department of Management and Budget IN RE: SOLID WASTE SYSTEM IMPLEMENTATION COSTS FOR PHASE I AND PHASE II BOND ISSUES Miscellaneous Resolution #90229 passed by the Board of Commissioners approved a two step approach to implementation of the County's Solid Waste Management System. The resolution directed the Intergovernmental Agreement (IGA) to be modified to have a Phase I for household hazardous waste collection program, competing, recycling facility and landfill capacity and a Phase II for additional facilities including a WTE after sufficient municipalities accepted the IGA. This shift in implementation strategy requires a decision on which development costs should be included in the bond sale for Pease I and which for Phase II. In the following two eables, the costs are shown. Table I summarizes the costs by system component through June 30, 1990 and has a recommendation for allocation to bond sale. It ie recommended that a bond sale recover the implementation costs attributable to the facilities being bonded. The allocation is consistent with Board directives that all costs attributable to the solid waste system should be recovered from the sale of bends. Additionally, Table I describes the source of funds that have been used to finance these costs. Table 2 details these costs and estimates the costs through the sale of Phase I bonds assuming a May 1, 1991 issuance. As can be seen by Table 2, the specific activetes by consultants have been assigned to the appropriate system component. It 404 Commissioners Minutes Cuntinuece November 29, 1990 should be assumed that the costs related to land acquisition for the MRF are estimates based on one third of the Auburn Hills site and may change based on actual site requirements. Some final notes for your consideration. The costs of asset acquisition have been segregated from general development costs because these items have value notwithstanding the sale of bonds and system implementation. Additionally, should the county not be able to proceed with either the WTE or MRF, the county would owe Westinghouse and Waste Management for performance bond costs and requested engineering assistance. These costs are not inclueed in the tables. Generally, if development costs for a facility not yet financed are included in a bond issuance, these costs would most likely be recovered from the taxable portion of the bond issue, at a higher interest rate than the tax-exempt portion. Miscellaneous Resolution 4)90229 directed and revised IGA be brought to the full Board. The revised IGA should be before the Board on November 29. It is reeuested the Finance Committee review these costs and make a recommendation. This IGA will be made consistent with this recommendation. DEPARTMENT OF MANAGEMENT AML! BUDGET Copy of attachments to the report are on file in the County Clerk's Office. Moved by Caddell supported by Johnson the report be received and placed on file. There were no objections. - Misc. 90279 • By General Government Committee IN RE: Institutional & Human Services/Health Division - ADDITION TO HEALTH DIVISION FEE SCHEDULE (MDSS FACILITY INSPECTIONS) To the Oakland County Board of Commissioners elr. Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan no longer reimburses the Oakland County Health Division for its cost associated with environmental health inspections of Michigan Department of Social Services (MOSS) licensed facilities; and WHEREAS these licensed facilities are required by MOSS to have environmental health inspections by local health departments to be licensed to operate; and WHEREAS it is recommended that a new fee be established and added to the Health Division Fee Schedule. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve the following addition to the Health Division Fee Schedule effective immediately until such time as the State reimburses the Health Cevision for these costs: ACTIVITY CURRENT PROPOSED MOSS Licensed Facility Inspections -0- BE IT FURTHER RESOLVED that said fee will be reviewed by the General Government Committee six months from the adoption of this resolution. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL SOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90269 BY Personnel Committee IN RE: Personnel Department - 1990-1992 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Health Division, the County of Oakland and the Michigan Nurses Association have been negotiating a contract covering approximately 130 Public Health Nurses of the Oakland County Health Division; and WHEREAS a three (3) year agreement has been reached for the period January 1, 1990 through December 37, 1992 and said agreement has been reduced to writing; and WHEREAS the agreement has been reviewed by your Personnel Committee which recommends approval of the agreement; and WHEREAS there are also nine (9) Public Health Program Coordinators who directly supervise employees in this bargaining unit whose salary differential will be significantly diminished unless an adjustment is wade in their rate. HOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and the Michigan Nurses Association, be and the same is hereby approved; and that the Chairperson of this Board, on behalf of the County of Oakland be and is hereby authorized to execute said agreement, a copy of which is attached hereto. Commissioners Minutes Continued. Nuvember 29, 1990 405 BE IT FURTHER RESOLVED that Public Health Program Coordinators receive a lump sum payment equivalent to one-half of one percent (1/2%) of their current 1590 rate to be paid at the same time as the 1990 retroactive payment is made to the employees in the unit. - BE IT FURTHER RESOLVED that the 1991 Public Health Program Coordinators class be considered an exception to the salary grade table and their 1991 rate be established as follows: Base 1 year 2 Year 3 Year 4 Year 5 Year 31,405 33,318 M7232 37.148 39,061 40,976 Mr. Chairperson, on behalf of the Personnel Committee, I meve the adoption of the foregoing resolution. Fiscal Note (Misc. 90269) By Finance Committee IN RE: Personnel Department - 1990-1992 LA8OR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION To the Oakland County board of CammissioPers Mr. Chairperson, Lacies and Gentlemen: The Finance Cemmittee, having reviewed the above referenced resolution, reports as follows: 1. The taree (3) year agreement provides an effective 5.06% increase to the Public Health Nurse positions for 1990; a 6.0% increase for 1991 and a 5.0% increase for 1992. 2. This increase calculates into an additional governmental fund cost to the Health Division budget of $223,307 in 1990, 3283,381 in 1991, and $297,650 in 1992, 3. In addition, in order to maintain the wage differential between The Public Health Nurses and Public Health Program Coordinator classification, the latter classification will receive a lump-sum payment equal to 1/2% of salary for 1990 and 8.658% increase for 1991. 4. This increase calculates into an additional governmental fund cost to the Health Division budget of $964 in 1990 and $21,703 in 1991. 5. Funds are available in the 1990 Health Division budget to cover the cost of the 1990 increases for the Nurse and Coordinator classifications. 6. The 1991 Budget anticipated a 4.5% increase, the negotiated rates will cost approximately $86,000 above the amount in the County Executive s kecommended Health Division budget. 7. Actual costs will be Built into the salary and fringe benefit forecast generated for the 1991 Adopted Budget, and may require a reduction in the anticipated 1991 Contingency Account, FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Calandro supported by Pappaeleorge the reselution be adopted. AYES: Crake, Ferrens, Gosling, Huntoon, Jensen, johnson, R. Kuhn, S. Kuhn, Law, McConnell, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Refold, Skarritt, Wolf, Aaron, Caddel), Calandro, Chester. (23; NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioner Calandra reauested a Public Hearing be held at 1015 A.M. on December 13, 1990 to discuss the proposed transfer of the Building Safety function from the Department of Central Services to the Department of Public Works - Facilities, Maintenance and Operations Division. There were no objections. Misc. 90280 By Planning and Building Committee IN RE: Department of Corporation Counsel - OAKLAND COUNTY BAR ASSOCIATION LEASE AMENDMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, by Miscellaneous Resolution 82074 adopted April 1, 1982, entered into a Lease Agreement with the Oakland County Bar Association for office space on the Fifth Floor of the Courthouse Tower; and WHEREAS pursuant to Miscellaneous Resolution 87099 adopted April 30, 1987, said lease Agreement was extended for a period of five years, being from July 1, 1987 through June 30, 1992; and WHEREAS on September 10, 1990, the Bar Association relocated from the Fifth Floor to the First Floor West Wing and increased its square footage from 1.086.0 net square feet to 2,097.0 net square feet; and WHEREAS this move accommodates the need for two additional courtrooms in the Court Tower; and WHEREAS the County Executive recommends adoption of this Lease Amendment. NOW THEREFORE BE :T RESOLVED that the Oakland County Board of Commissioners approves the Lease Amendment with the Oakland County Bar Association, which increases the Bar Association's PERSONKEL COMMITTEE John P. Calantro, Chairperson 406 Commissioners Minutes Continued. November 29, 1990 leased premises from 1,086.0 net square feet to 2,097.0 net square feet, at an annual rental rate of $22,069.05 per year for 1990 and $22,271.25 per year for 1991. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute said document. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Copy of Amendment to tease Agreement on file in County Clerk's Office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Misc. 90270 By Public Services Committee IN RE: EMS and Emergency Management Division - TORNADO WARNING SYSTEM EXPANSION (South Lyon) To the Oakland County Beard of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County share of the casts will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent and the County twenty-five percent with the County being responsible for the maintenance and electrical costs for the s -fren purchased; and WHEREAS the City of South Lyon, per the attached Purchase Agreement, has requested to participate in the siren system; and WHEREAS the City of South Lyon has agreed to pay seventy-five percent of the total estimated cost of one siren; and WHEREAS consistent with the attached standard agreement, the City of South Lyon agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the appropriation of $4,250.00, consistent with the attached budget, as Oakland County's match. BE IT FURTHER RESOLVED that tne expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the City of South Lyon. BE IT FURTHER RESOLVED that the County Executive be and is hereby authorized to execute said agreement. BE IT FURTHER RESOLVED that written quarterly progress reports be presented to the Public Services Committee by the Manager of the Emergency Medical Services and Emergency Management Division and to the balance of the members of the Board of Commissioners. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. $ -0- 5) Further, the Finance Committee finds that costs for maintenance contracts and electricity will be ongoing (annual). FINANCE COMMITTEE G. William Caddell, Chairperson PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Copy of Agreement on file in County Clerk's Office. Fiscal Note (Misc. 90270) By Finance Committee • IN RE: EMS and Emergency Management Division - TORNADO WARNING SYSTEM EXPANSION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed Miscellaneous Resolution #90270 and finds: 1) The City of South Lyon has requested to participate in the siren system through the purchase of one (1) tornado siren, 2) The estimated cost of the siren is $17,000 of which $12,750 (75%) is the City of South Lyon's share and $4.250 (25%) is the County's share, 3) Consistent with past agreements, the .County will retain ownership of the siren, and will be responsible for maintenance and electrical costs for the siren, 4) The County's match of $4,250 is available in the 1990 Contingency Account, and is to be transferred to the Disaster Control unit line item for Capital Outlay as follows; 4-10100-909-01 -00-9900 Contingency ($4,250) 4-22100-177-05-00-5998 Capital Outlay 4,250 Commissioners Minutes Continued. November 29, 1990 407 Moved by Richard Kuhn supported by Calandro the resolution be adopted, AYES: Ferrer, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90271 By Public Services Committee IN RE: EMS and Emergency Management Division - TORNADO WARNING SYSTEM EXPANSION (Oakland University) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Comissioners, by Miscellaneous Resolution Numbers 7865, 7971, and 8664, accepted federal grants to defray a portion of the costs of purchasing sirens to be utilized within the Oakland County Tornado Warning System; and WHEREAS the County's share of the costs will remain at twenty-five percent, as has been the. policy previously established by the Board of Commissioners by various miscellaneous resolutions, whereby local units pay seventy-five percent and the County twenty-five percent with the County being responsible for the maintenance and electrical costs for the siren purchased; and WHEREAS Oakland Lniversity, per the attached purchase agreement, has requested to participate in the siren system; and WHEREAS Oakland University has agreed to pay seventy -five percent of the total estimated cost of one siren; and WHEREAS consistent with the attached standard agreement; Oakland University agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the appropriation of $4,250.0C, consistent with the attached budget, as Oakland County's match. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between tne County and Oakland University. BE IT FURTHR RESOLVED that the County Executive be and is hereby authorized to execute said agreement. BE IT FURTHER RESOLVED that written quarterly progress reports be presented to the Public Services Committee by the Manager of the Emergency Medical Services and Emergency Management Division and to the balance of the members of the Board of Commissioners. Mr. Chairperson, on behalf of the Public Services Committee, 1 move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE G. William Caddell, Chairpersoe Copy of Purchase Agreement on file in County Clerk's Office, Fiscal Note (Misc. 90271) By Finance Committee IN RE: EMS and Emergency Management Division - TORNADO WARNING SYSTEM EXPANSION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed Miscellaneous Resolution #90271 and finds: 1) Oakland University has requested to participate in the siren system through the purchase of one (1) siren, 2) The estimated cost of the siren is $17,0CG of which $12,750 (75%) is Oakland University's share and $4,250 (25Z) is the County's share, 3) Consistent with past agreements, the County will retain ownership of the siren, and will be responsible for maintenance and electrical costs for the sirens, 4) The County's match of $4,250 is available in the 1990 Contingency Account, and is to be transferred to the Disaster Control Unit line item for Capital Outlay as follows: 4-10100-909-01-00-9900 Contingency ($4,20) 4-22100-177-05-00-5998 Capital Outlay 4,250 $ -0- 5) Further, the Finance Committee finds that costs for maintenance and electricity will be ongoing (annual). FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Bishop the resolution be adopted. . 408 Commissioners Minutes Contieued. %ember 29, 1990 AYES: Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Perniek, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90281 • By Public Services Committee IN RE: RADIO COMMUNICATIONS - AUTHORIZATION FOR SELECTION OF VENDOR TO DESIGN, CONSTRUCT AND IMPLEMENT AN BOO MHz COUNTY-WIDE COMMUNICATION SYSTEM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the present county radio communications system is plagued with problems including: inadequate coverage, overcrowded channels forcing the County into three unauthorized usages of existing frequencies, worn and obsolete equipment, "skip" difficu1ties and high -risk exposure; and WHEREAS additional channels in the frequency ranges presently used by the County are not available in the Detroit area and are unlikely to become available in the foreseeable future; nor is there any guarantee that the Federal Communications Commission (FCC) would assign such frequencies to Oakland County if they beeome availatle; and WHEREAS the County,. on three separate occasions in the past, has studied these proelems and recommended the complete replacement of the County system with an 800 MHz trunking system, County Executi ve /Sh eriff s Proposal dated August 31, 1987; County Executive/Sheriff's Proposal dated January 19, 1988: and Sheriff's Department/Commissioners Program Evaluation Proposal dated August 4, 1988; and WHEREAS the County Executive, in anticipation of this situation, acquired a license for ten 800 MHz channels from the FCC which license has been extended twice and is now everdue for action by the County of Oakland; and WHEREAS the County Board of Commissioners, on Miscellaneous Resolution 89135, dated May 25, 1989. and 89349, dated December 14, 1989, created a Radio Communications Oversight Committee and authorized such committee to hire an independent consultant to conduct a complete needs study, to recommend the appropriate solution to the radio communications prcblems, to prepare a l'request for proposal," to solicit proposals from vendors, to analyze such proposals and recommend a contract award; and WHEREAS the consultant, RAX Communication Consultants, Inc., after analyzing various possible options, has concluded that the 800 MHz trunked system is the only feasible solution to the County's radio communications problems. . WHEREAS the Radio Communications Oversite Committee has reviewed the consultant's report, obtained input from various user departments and inspected other counties' communication systems, and concurs in the consultant's conclusion that the 800 MHz truekine system is the appropriate solution to the Couaty's short and long-term radio communication needs: and WHEREAS two vendor proposals were received, one from Motorola for an 8-antenna site system and another from Ericsson-General Electric for a 4-antenna site system; and WHEREAS after considerable review and analysis of each vendor proposal, the consultant and the Radio Communications Committee have eetermined that the Motorola proposal best meets the County's current and long-range needs and is the "best buy" on a system component basis, and further recommends an award of contract to Motorola. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioner concurs in the acquisition of the 800 MHz trunking technoloey for a county-wide radio communications system serving all county departments and agencies; and BE IT FURTHER RESOLVED that the County Executive is authorized to enter into a contract with Motorola for the construction of an 8-site, 800 MHz system and for the purchase of all related equipment for a sum not to exceed aS,846,502.50. BE IT FURTHER RESOLVED that the Oakland County Board of Comnissiopers authorizes the Radio Communications Committee to employ a consultant to assist in the preparation of the contract and acceptance test procedures and to negotiate with the selected vendor. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. • i PUBLIC SERVICES C5KF1TTEE , Richard D. Kuhn, Jr., Chairperson The Chairperson referred the resolutien to the Finance Committee. There were no objections. Misc, 90272 By Public Services Committee IN RE: CAMP OAKLAND YOUTH PROGRAMS. INC. - NEW PER DIEM RATES SET BY THE STATE or MICHIGAN FOR THE 1991 CALENDAR YEAR; AMENDMENT TO PRESENT CONTRACT TO INCLUDE THE ADDITION OF 3 SLOTS TO DAY STUDENT PROGRAM Commissianers Minutes Continued. November 29, 1990 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS under authority of Miscellaneous Resolutions e87121, Camp Oakland Youth Programs, Inc. entered into an agreement with Oakland County, commencing on July 1, 1987 regarding care, .housing, treatment and maintenance of youth, according to the needs of the youth of Oakland County; and WHEREAS the agreement has been renewed upon terms arid conditions mutually advantageous and agreeable to the parties; and WHEREAS the State of Michigan •epartment of Social Services sets per diem rates for all private facilities, based on 12 months of actual cast, verified by independent audit, before establishing a new per diem rate; and WHEREAS Camp Oakland Youth Programs, inc. would now be able to execute earlier release for euys' aed Girls' Ranch residents, if the current agreement were amended to add 3 ithree) additional slots for the Day Student Program; and WhEREAS the Departerent of Institutional and Human Services, in cooperation with the Department of Management and Budget of Dakland County, is responsible for negotiating any per diem increase on behalf of the COUNTY; anc WHEREAS these departments have reviewed the Camp Oakland 1990 audit, which results in the following rates; 1. Boys' Ranch, Girls' Ranch and Adams House Residential: e99.61 per day, per bed; 2. Adams House Supervised Community Living: 5e12.20 per day, per slot; . 3., Day Student Program: $42.00 per day, per slot; 4. Work Education: $137.45 per day, per bed; and WHEREAS adjustments to the per clew, rate ard/or negotiation of new agreements must be presented for approval to the respective governing eoards. NOW THEREFORE BE IT RESOLVED that the Oeklanc County Board of Commissioners approves a change in the per diem rates of Boys Ranch, Girls' Ranch and Adams House residential programs few $98.60 per day, per bed, to $98.61 per day, per bed, beginning January 1, 1991. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves e change in the per diem rate of Adams House Supervised Community Living Proeram from 330.18 per day, per slot, to $32.20 per day, per slot, beginning January 1, 1991. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves a change in the per diem rate of the Day Student Program from $39.06 per day, per slot, to $42.00 per day, per slot, beginning January 1, 1991, BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the enclosed amendment to the present agreement between Camp Oakland Youth Programs, Inc, and the County of Oakland, to add 3 (three) slots to the Camp Oaklanc Day Student Program, beginning January 1, 1991, with no addition made regarding payment for days of lowered utilization. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves a change in the per diem rate of the Work Education Program from $131,69 per day, per bed, to $137.45 per day, per bed, beginning April 1, 7991, Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES commITTEE Richard D. Kuhn, Jr., Chairperson Copy of Amendment to Agreement on tile in County Clerk's Office. riscel Note IMisc. 90272) By finance Committee • IN RE: CAMP OAKLAND YOUTH PROGRAMS, INC. - NEW PER DILe RATES SET BY THE STATE OF MICHIGAN FOR THE 1991 CALENDAR YEAR: AMENDMENT TO PRESENT CONTRACT 10 INZLUDE THE ADDITION OF 3 SLOTS TO DAY SMUT PROGRAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Centlemen: Pursuant to Rule XI-O of this Board, the Finance Committee has reviewed Miscellaneous Resolution e90272 and finds funds are available in the 1991 Budget to cover this contract chenge, ho budget amendments are required. F:NANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Pappageorge the resolution be adopted. AYES: Huntnon, Jensen, Johnson, R. Kuhn, S. Kelm, Law, McConnell, McCulloch, McPherson, Moffitt Oaks, Olsen, Pappaeeorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens. Goeling. (2E) NAYS: None. (0) A sufficient majority having voted therefor. the resolution was adopted. 409 Captain Patrol Deputy I With No Fill-1n 1991 S84,701 $50,493 410 • Commissioners Minutes Continued. November 29, 1990 Misc. 90273 . . By Public Services Committee IN RE: Sheriff's Department - ESTABLISHMENT OF ADDITIONAL LAW ENFORCEMENT PATROL SERVICES AGREEMENT RATES - JANUARY 1, 1991 - DECEMBER 31, 1991 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contracts with Townships, Villages and Cities for the purpose of providing Sheriff patrol services; and WHEREAS contract rates were established by Miscellaneous Resolution V89199 for the 24-month period January 1, 1990 through December 31, 1991; and WHEREAS the Sheriff's Department wishes to create adthtienal rates for Captain and Petrel Deputy I With No Fill -In classifications in response to a request from the City of Rochester Hills, as detailed in the attached schedules. NOW THEREFORE BE IT RESOLVED that the following rates be established per officer for Township Patrol Services for the period January 1, 1951 through December 31, 1991, such costs to be billed on a monthly basis: BE IT FURTHER RESOLVED that the Board of Commissioners approves tne attached contracts for Law Enforcement Services and authorizes the Chairperson of the Board, County Executive and Sheriff to sign agreements for the Law Enforcement Services. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Copy of Agreements for Law Enforcement Services, and Schedules A and B are on file in County Clerk's Office. Fiscal Note (Misc. 90273) By Finance Committee IN RE: Sheriff's Department - ESTABLISHMENT RATES - JANUARY 1, 1991 - DECEMBER 31, 1991 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Resolution #90273 and finds: 1) The Sheriff's Department is requesting the establishment of additional Law Enforcement Patrol Services Agreement contract rates for Captain and Patrol Deputy I With No Fill-in for 1991 in response to a request from the City of Rochester Hills. 2) The Public Services Committee has approved annual rates of $84,701 for Captain and $50,493 for Patrol Deputy I With No Fill-in for 1991, as detailec in the attached schedules. 3) These rates are consistent with current contract rates established by Miscellaneous Resolution #89199 for the 24 -month period January 1, 1994 through December 31, 1991. 4) The Department of Management and Budget maintains these rates do not reflect the actual costs of funding these positions. 5) No budget amendments are required at this time. FINANCE COMMITTEE G. William Cadeell, Chairperson Moved by Richard Kuhn supported by Ferrens the resolution be adopted. AYES: Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Huntoon. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90282 By Commissioner Ruel E. McPherson IN RE: OBJECTION TO PRIME TIME LIVE'S NEGATIVE PORTRAYAL OF DETROIT To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: WHEREAS on November 8, 1990, the American Broadcasting Company (ABC) televised its weekly program, Prime Time Live, with a special segment about the City of Detroit; and WHEREAS the program portrayed the metropolitan Detroit area as extremely polarized between PUBLIC SERVICES COMME-TEE Richard O. Kuhn, Jr., Chairperson OF ADDITIONAL LAW ENFORCEMENT PATROL SERVICES AGREEMENT Board, the Finance Comnittee has reviewed Miscellaneous Commissioners Minutes Continued. November 29, 1990 411 black and white and rich and poor and stated that the City and its suburbs had their lacks to one another"; and WHEREAS a very negative reference was made to the booming crack business in Detroit and the sagging automobile industry; and WHEREAS the program led viewers to believe that the polarization, crime and drug problems In Metropolitan Detroit were far greater than in other urban communities; and WREREAS nearly all the pictures presented during the program showed the downside of Detroit, indicating that it was an undesirable place in which to live, work and play; and WHEREAS the positive aspect of Detroit such as its beautiful cultural centers, educational facilities, theaters and fine residential areas were not featured; and WHEREAS the program, in effect, lacked proper balance because it dwelled on the negative and virtually ignored the positive features of Detroit. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners takes a position objecting to Prime Time Lives negative portrayal of Detroit. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Michigan Congressional Delegation. Mr. Chairperson, I move the adoption of the foregoing resolution. Ruel E. McPherson, Commissioner Dist. #9 James D. Ferrens, Hubert Price, Jr. The Chairperson referred the resolution to the General Government Committee. There were no objections. . Moved by McPherson supported by Oaks the rules be suspended for immediate consideration of a resolution saluting Bob Welch, CY Young Award winner. AYES: Johnson, R. Kuen, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Dlseri, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Ferrens, Gosling, Huntoon, Jensen. (23) NAYS: Calandro, Crake. (2) A sufficient majority having voted therefor, the motion to suspend the rules carried. Misc. 90283 • By Commissioner Ruel E. McPherson IN RE: SALUTING BOB WELCH, WINNER OF THE 1990 AMERICAN LEAGUE CY YOUNG AWARD - To the Oakland County Board of Commissioners Mr. Chairperson, Lddies and Gentlemen: WHEREAS Bob Welch, in his 11 years as a major league starting pitcher, has won many hoeors and was recently named the American League's 1990 CY Young Award winner after chaulking up 27 victories this past season for the Oakland Athletics; and WHEREAS Welch was born and raised in Oakland County where he starred in baseball at Hazel Park High School and later went on to Eastern Michigah University, where he established himself as an outstanding pitcher; and WHEREAS after brief associations in the minor leagues at San Antonio and Albuquerque, Welch was called up to the Los Angeles Dodgers in 1979 where he stayed and enjoyed great success until being traded to Oakland in 1988; and WHEREAS things were not always !moth for this year's Cy Young Award winner, but he was . successful in overcoming a career-threatening drinking problem a few year's ago and is now a recovering alcoholic, eager to help others who are experiencing such a problem; and WHEREAS Bob Welch, his Wife, Mary Ellen, arid sons, Dillon and Riley, now make their home in San Francisco but they maintain strong ties to Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners salutes Bob Welch as this year's Cy Young Award winner, the ultimate goal of all major league pitchers. Mr. Chairperson, l move the adoption of the foregoing resolution. Ruel E. McPherson, Commissioner Dist. 09 David Moffitt, John G. Pappageorge. John E. Olsen, Richard D. Kuhn, Jr., Richard G. Skarritt, Jim Ferrens, Lawrence Pernick, Hubert Price, Jr. Thomas A. Law Moved by McPherson supported by Ferrens the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. In accordance with Rule XXII, the following referrals were made by the Chairperson: FINANCE a. Sheriff's Dept. - Automobile Theft Prevention Authority Grant Award b. Michigan Dept. of Treasury - Non-Certification of Assessors ii C,.1 412 Commissioners Minutes Continued. November 29, 1990 . I GENERAL GOVERNMENT a, City of Troy - Resolution Supporting SOCRRA Incinerator PLANNING AND BUILDING a. City of Troy - Resolution Supporting SOCRRA Incinerator b. Township Of Addison - 641 Plan Approval OTHERS Commissioners a. Thomas J. 'Bulger - Washington Report for the Week of November 5, 1990 The Chairperson announced the next (and final) meeting for the year will be held at 9:30 a.m. on December 13, 1990. - The Board adjourned at 11:17 a.m. ROY REWCU Chairoerso'n LYNN O. ALLEN Clerk 413 OAKLAND COUNTY Board Of Commissioners MEETING December 13, 1990 Meeting called to order at 10:37 A.M. by Chairperson Roy Rewold in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, Law, Luxon, McConnell, McCulloch, Mceherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick. Price, Rewold, Skarritt, Wolf. (26) ABSENT: Susan Kuhn. (1) Quorum present. invocation given by Commissioner Lillian Jaffe Oaks. Pledge of Allegiance to the Flag. Moved by Richard Kuhn, supported by Chester the minutes of the previous meeting be approved as printed. , A sufficient majority having voted therefor. the minutes were approved. Moved by Pappageorge supported by Pereick the Agenda be amended, and the rules suspended, for the following items already on Board Agenda: (Reason: Waive Rule XI F - Direct Referral to Finance Committee) PERSONNEL COMMITTEE a. Probate Court - 1990/92 Labor Agreement, Local 2437, Caseworkers and Non-Caseworkers, Council 25, AFSCME, AFL-CIO b. Building Safety - Transfer of Functions and Personnel c. Retirement Commission - 1990 Retiree Benefit PLANNING AND BUILDING COMMITTEE a. Solid Waste-Public Information and Education Contract, Stone, August, Baker Company PUBLIC SERVICES COMMITTEE a. Employment & Training - 1990 Budget Amendment b. Probate Court - 1990/91 Child Care Fund Budget c. Probate Court - 1991 Skillman Founoation Grant Acceptance A sufficient majority having voted therefor, the motion to suspend the rules and amend the agenda carried. Vote on amended agenda: A sufficient majority having voted therefor, the agenda, as amended, was approved. The Chairperson made the following statement; "At this time a Public Hearing is now called on the Proposed 1991 Budget for the County of Oakland. Notice of the Public Hearing were published in the Oakland Press on December 3, 1990. Are there any persons.present that wish to speak at the Public Hearing?" The following persons requested to speak: Sandra Zhihar, Gisela Lendle King, Pamela Ortner-Mukavetz, Sheryl Barbee, Ray Yomber, Thomas Richards and Marilynne Burton-Ristau. 414 Commissioners Minutes Continued. December 13, 1990 The Chairperson declared the Public Hearing closed; then made the following statement: "At this time a Public Hearing is now called on the transfer of the Building Safety Function from the Department of Central Services to the Department of Public Works. Are there any persons present that wish to speak?" • No persons requested to speak and the Public Hearing was declared closed. Commissioners Olsen and Pernick presented plaques to the following Commissioners that are leaving office January 1, 1991: A. Madeline Luxon, John P. Calandro, Richard Kuhn, Jr., Susan Kuhn, Mark Chester and Michael D. McCulloch. Clerk read letter from Chairperson Roy Rewold announcing the appointments of Larry Crake and Donald Jensen to serve on the Personnel Appeal Board for a term ending December 31, 1991. Vote on appointments: AYES: Bishop, Caddell, Calandro, Chester, Crake, Gosling, Huntoon, Jensen, Johnson, Richard Kuhn, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt. (17) NAYS: Aaron, Ferrens. Luxon, McPherson, Oaks, Pernick, Price. (7) A sufficient majority haring voted therefor, the appointments were confirmed. Clerk read letter from Richard Cooper, Interim Director of Oakland County Community Mental Health Services Board -egarding funding for Respite Care. (Received and filed) The following persons requested to address the Board: Alice Cody, Agnes Wisner, Peggy Prentice. Paulette Howell, Midge Appel, LouAnn Coanihan, Marilynne Burton-Ristau, Bonnie Weinand, and Elmer L. Cerano. Misc. 90284 By Finance Committee IN RE: 1991 GENERAL APPROPRIATIONS ACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and entlemen: WHEREAS in accordance with the provisions of Public Act 139 of 1973 (as amended by P.A. 100 of 1980), the United Form of County Government Act, and Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Government, it is the responsibility of the Oakland County Board of Commissioners to establish and adopt the annual County Budget and work program; and WHEREAS the Finance Committee received budget requests from all County Departments, and has reviewed in detail the County Executive's 1991 Budget Recommendations; and WHEREAS the Finance Committee, after due deliberation, has formulated a Recommended General Appropriations Act balancing total appropriations with available resources at $315,222,522 for calendar year 1991, a summary of which was included in the Notice of Public Hearing published in newspapers of general circulation; and WHEREAS the further intent of this resolution is to establish a budget system for the County of Oakland, to define the powers and duties of the County's officers in relation to that system; to designate the Chief Administrative Officer and Fiecal Officer and to provide that the Board of Commissioners and committees thereof and the Fiscal Officer shall be furnished with information by the departments, boards, commissions and offices relating to their financial needs, receipts and expenditures, and general affairs; to prescribe a disbursement procedure, to provide for an allotment system; and to provide remedies for refusal or neglect to comply with the requirements of this resolution. HOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners does hereby adopt the 1991 General Appropriations Act recommended by the Finance Committee as advertised and placed in the Clerk's office for public inspection; and BE IT FURTHER RESOLVED that $2,250.300 of Cigarette Tax Revenue distributed by the State to Oakland County under the authority of the Health and Safety Fund Act„ P.A. 264 of 1987, be divided between the Health Division (11/17 or $1,456,076) and the Sheriff's Department (6117 or $794,224). BE IT FURTHER RESOLVED that the funds appropriated in the professional service line-item of the Department of Solid Waste Management not be committed without prior approval of the Planning and Building Committee and Finance Committee; and BE IT FURTHER RESOLVED that Road Improvement Funds may be released to the Road Commission upon approval of the specific projects by the General Government Committee of the Board of Commissioners. BE IT FURTHER RESOLVED that the following policy be established regarding administration of the Delinquent Tax Revolving Fund. 1) Objective is to be se/f-funded. 415 Commissioners Minutes Continued. December 13, 1990 2) Fund to retain all earnings excepting penalties and $1.1 million interest until such time as self-funding is reached. 3) After self-funding is reached, all earnings are to be credited to the General fund for capital, debt and operating costs associated with any Courthouse expansion, a new Computer Center, parking ramp and/or Library expansion or new facility. BE IT FURTHER RESOLVED that one Assistant Prosecuting Attorney position, or the equivalent thereof, shall be utilized by the Prosecutor in the Warrants Division located in Royal Oak. BE IT FURTHER RESOLVED that $188,200 (or one-half of the $876,400) convention facility tax revenues distributed by the state to Cakland County unCer the authority of the State Convention Facility Development Act, P.A. 106 of 1985, be earmarked for substance abuse programs. BE IT FURTHER RESOLVED that: 1. The County Executive is nereby designated the Chief Administrative Officer of the County of Oakland and, further, that the Director of Management and Budget shall perform the duties of the Fiscal Officer as specified in this resolution. 2. The Fiscal Officer shall provide an orientation session and written instructions for preparing department budget requests. These instructions shall include information that the Fiscal Officer determines to be useful anc necessary to assure that the budgetary estimates of the agencies are prepared in a consistent manner and the needs of the Board of Commissioners and Committees are met; and 3. Any offices, departments, ccmmissions and boards of the County of Oakland financed in whole or in part by the County of Oakland shall transmit to the Fiscal Officer their estimates of the amounts of money required for each activity in their respective agencies, as well as their estimate of revenues that will be generated from charges for services. They shall also submit any other information deemed relevart ay the Fiscal Officer and/or the Board of Cmmmissioners and committees thereof; and 4. The Fiscal Officer shall prescribe forms to be used by the offices, departments, commissions and boards of the County of Oakland in submitting their budget estimates and shall prescribe the rules and regulations he deems necessary for the guidance of officials in preparing such budget estimates. The Fiscal Officer may require that the estimates be calculated on the basis of various assumptions regarding level of service. The Fiscal Officer may also require a statement for any proposed expenditure and a justification of tne services financed; and 5. The Fiscal Officer shall prepare estimates of revenue for each budgeted fund, classified in order to show in detail the amount expected to ae received from each source. Estimates of expenditures and revenues shall also be classified by character, object, function and activity consistent with the accounting system classification; and 6. The Fiscal Officer shall review the agency estimates with a representative from each agency of the County of Cakland tnat has submitted such estimates. The purpose of the review shall be to clarify the estimates, ensure their accuracy, and to determine their adherence to the policies previously enumerated by the Fiscal officer and the Board of Commissioners or Committees thereof as herein required; and 7. the Fiscal Officer shall consolidate the estimates received from the various agencies together with the amounts of expected revenues and shall make recommendations relating to those estimates which shall assure that the total of estimated expenditures including an accrued deficit does not exceed the total of expected revenues including an unappropriated surplus. B. The recommended budget shall include at least the following: (a) Expenditure data for the most recently completed- fiscal year and estimated expenditures for the current fiscal year. (b) An estimate of the expenditure amounts required to conduct, the government of Oakland County, including its budgetary centers, (c) Revenue data for tne most recently completed fiscal year and estimated revenues for the current fiscal year, (d) An estimate of revenues, by source, to ee raised or received by Oakland County in the ensuing fiscal years, (6 The amount of surplus or deficit from prior fiscal years, toeether with an estimate of the amount of surplus or deficit expected in the 'current fiscal year. If) An estimate of the amount needed for deficiency, contingent or emergency purposes and the amounts needed to pay and discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal years, (g) The ameunt of proposed capital outlay expenditures, except those financed by enterprise, public improvement or building and site, or special assessment funds, including the estimated total costs and proposed eethod of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget, (h) An informational summary of projected revenues and expenditures of any special assessment funds, public improvement or building and site funds, internal service fund, and enterprise funds, . (i) A comparison of the revenue and expenditure amounts in the recommended budget to the budget previously adopted by the Board of Commissioners witn appropriate explanation of the variances, (j) Any other data relating to fiscal conditions that the Fiscal Officer or the Board 416 Commissioners Minutes Continued. Decemeer 13, le90 of Commissioners or Committees thereof consider to be useful in considering the financial needs of the County. 9. Not less than ninety (90) days before the next succeeding fiscal year, the County Executive shall transmit the recommended budget to the County Board of Commissioners. The recommended budget shall be accompanied by: (a) A proposed general appropriations measure, consistent with the budget, which shall set forth the anticipated revenue and requested expenditure authority in such form and in such detail deemed appropriate by the Board of Commissioners or Committees thereof. No appropriations measure shall be submitted to the Board of Commissioners in which estimated total expenditures, including an accrued deficit, exceed estimated total revenues, including an available surplus. (h) A budget message which shall explain the reasons for increases or decreases in budgeted items compared with the current fiscal year, the policy of the County Executive as it relates to important budgetary items, and any other information that the County Executive determines to be useful to the Board of Commissioners in its consideration of proposed appropriations. (c) A comparison of the recommended budget to the current year adopted budget, together with an analysis and explanation of the variances therefrom, such variances being divided to show the portion attributable to the current year budget amendments and the portion resulting from the recommended budget. 10. The County Board of Commissioners, or any committee thereof, may direct the County Executive and/or other elected officials to submit any additional information it deems relevant in its consideration of the budget and proposed appropriations measure. The Board of Commissioners or the committees thereof may conduct budgetary reviews with the Fiscal Officer, and/or County departments and divisions or agencies, etc., for the purpose of clarification or justification of proposed budgetary items. 11. The County Board of Commissioners may revise, alter, or suestitute for the proposed general appropriations measure in any way, except that it may not change it in a way that would cause total appropriations, including an accrued deficit, to exceed total estimated revenues, including an unappropriated surplus. An accrued deficit shall ee the first item of expenditure in the general appropriations measure. 12. The County Board of Commissioners shall fix the time and place of a public hearing to be held on the budget and proposed appropriations measure. The Clerk/Register shall then have published, in a newspaper of general circulation within the County of Oakland, notice of the hearing and an indication of the place at which the budget and proposed appropriations measure may be inspected by the public. This notice must be published at least seven days before the date of the hearing. 13. No later than December 31, She Board of Commissioners shall pass a general appropriations measure providing the authority to make expenditures and incur obligations on behalf of the County of Oakland. The supporting budgetary data to the genera) appropriations measure shall include at least the following: (a) Expenditure data for the most recently completed fiscal year, (b) The expenditures budget as originally adopted by the Board of Commissioners for the current fiscal year. (c) The amended current year appropriations, (d) An estimate of the expenditure amounts required to conduct, the government— — of Oakland County, including its budgetary centers, (e) Revenue data for the most recently completed fiscal year and estimated revenues for the current fiscal year, (f) Budgeted Revenue Estimates as originally adopted oy the Board of Commissioners for the current fiscal year, (g) The amended current year Budgeted revenues, (h) An estimate of revenues, by source, to be raised or received by Oakland County in the ensuing fiscal year, (i) The amount of surplus or deficit from prior fiscal years, together with an estimate of the amount of surplus or deficit expected in the current fiscal year, (j) An estimate of the amount needed for deficiency, contingent on emergency purposes, and the amounts needed to pay and to discharge the principal and interest of the debt of Oakland County due in the ensuing fiscal year, (k) The amount of proposed capital outlay expenditures, except those financed by enterprise, public improvement or building and site, or special assessment funds, including the estimated total costs and proposed method of financing of each capital construction project and the projected additional annual operating cost and the method of financing the operating costs of each capital construction project for three (3) years beyond the fiscal year covered by the budget, (1) An informational summary of projected revenues and expenditures of any special assessment funds, public improvement or building and site funds, internal service funds, and enterprise funds, (m) Any other data relating to fiscal conditions that the Board of Commissioners considers to be useful in considering the financial needs of the County, (n) Printed copies of the Board of Commissioners Adopted Budget, Financial Plan or any facsimile thereof shall contain all of the above data unless otherwise approved by the Board of Commissioners Minutes Continued. December 13, 1990 417 Commissioners. 14, The Board of Commissioners may authorize transfers between appropriation items by the County Executive or Fiscal Officer within limits stated in the appropriations measure. In no case, however, may such limits exceed those provided for in paragraph P21 of this resolution. 15. A deviation from the original general appropriations measure shall not be made without first amending the general appropriations measure thru action by the Board of Commissioners, except within those limits provided for in paragraph ele of this resolution. 16. Appropriations accumulated at the following three summary levels of expense within each Couety Division will be deemed maximum authorization to incur expenditures: Salaries and Fringes, Overtime, and Operating. The County Executive or the Fiscal Officer shall exercise supervision and control of all budgeted expenditures wienin these limits, holding expenses below individual line-item appropriations or allowing overruns in individual line-items providing that at no time shall the net expenditures exceed the total appropriation for Salaries and Fringes, Over- time or Operating expenses, respectively, for each division as originally authorized or amended by the Board of Commissioners. The Fiscal Officer shall subeet to the Finance Committee a quarterly listing Of all of the mew line items created administratively whice were not properly Classifiable. Line-item detail, division, unit or cost center detail and allotments. which provide a monthly calenearieation of annual appropriations, as deemed necessary by the Fiscal Officer shall be maintained and utilized as an administrative tool for management information and cost control. The Fiscal Officer shall not approve any expenditure beyond that necessary to accomplish stated program or work objectives authorized in the general appropriation measure as originally approved unless amended, in which case the amendment takes precedence. 17. The Fiscal Officer snail maintain, for all budgeted funds, appropriatioe ledger accounts in which are to be recorded such expenditure encumbrances and obligations for the future payment of appropriated funds as he may approve. 18. Each purchase order, voecher or contract of Cakland County shall specify the funds and appropriation designated by number assigned in the accounting system classification from which it is payable and shall be paid from no otaer fund or appropriation. The necessary amount of the appropriation from such account shall be transferred pursuant to the provisions of this resolution to the appropriate general appropriation account and the expenditure then charged thereto. 19. No obligation shall be incurred against, and no payment shall be made from, any appropriation account unless there is a sufficient unencameered balance in the appropriation and sufficient funds are or will be available to meet the obligation. All eaeital projects funded from the Capital Improvement Fund shall require approval of the Board of Commissioners on recommendation of the appropriate liaison committee (Planning and Building Committee) prior to initiation of the project. Any obligation incurred or payment authorized in violation of this resolution shall be void and any payment so made illegal except those otherwise ordered by court judgment or decree. 20. The Fiscal Officer, after the end of the quarter, shall transmit to the Board of Commissioners a report depicting the financial condition of budgeted operations, including, but not limited to: (a) A forecast of actual revenues by major source compared with budgeted revenues accompanied by an explanation of any significant variances. (b) A forecast of actual expenditures and encumbrances by department compared with authorized appropriations accompanied by an explanation of any significant variances and, (c) A forecast of actual expenditures, encumbrances and transfers from each of the several non-departmental appropriations and reserve accounts compared with authorized appropriations accompanied by an explanation of any significaet variances. 21. Direct expenditure arid/or transfers of any unencumbered balance or any portion thereof in any appropriation reserve for transfer account to any other appropriations or reserve account may not be made without amenoment of the general approeriation measure as provided for in this resolution, except that transfers within and between budgeted funds and departments may be made by the Fiscal Officer in the followine instances: (a) .Transfers may be made from the non-departmental overtime reserve account and fringe benefit adjustment aecoune to the appropriate departmental budget as specific overtime requests are reviewed and approved by the Budget Division. Additionally, overtime appropriations may be transferred between divisioes within a department at the request of the Department Head, if authorized by the Fiscal Officer or nis designee. lb) Transfers may be made from the non-cepartmental appropriation reserve accounts for Maintenance Department Charges and Miscellaneous Capital Outlay to the appropriate departmental budget as specific requests for these items are reviewed and approved by the Fiscal Officer. (c) Transfers may be made from the non-departmental appropriation reserve accounts Emergency Salaries and Summer Help as specific requests for these items are reviewed and approved by the Personnel Department. (d) Fringe benefit rates shall be estab l ished annually in the budget process to charge all Governmental, Special Revenue and Proprietary funded agencies for actual employer fringe benefit costs. Such rates shall be sufficient to meet all fringe benefit costs including sick leave and annual leave accumulations, as well as retirees hospitalization and retirement administration. All funds collected for Retirement, Social Security (eICA1, hospitalization for active and retired employees, Disability, Dental, Optical, and Life and Accident Insurance shall be transferred to the 418 Commissioners Minutes Continued. December 13, 1990 Employee Fringe Benefit fund as established by Miscellaneous Resolution W81312. Sufficient funds shall be maintained in the Employee Fringe Benefit Fund reserve account for sick leave and annual leave to cover the accumulated liability at an amount equal to 50% of the sick leave accumulation and 100% of the annual leave accumulation. All funds collected for Workers' Compensation and Unemployment Compensation shall be transferred to their respective self insurance funds as established by Miscellaneous Resolution WB1012. (e) An amount for capital Improvements shall be added to the Building Space Cost Allocation charges. Funds collected as a result of this charge shall be accumulated in the Facilities Maintenance and Operations Fund for capital improvements. The transfer of these funds to the Capital Improvement Fund shall not be made prior to December 31, without approval from the Finance Committee of the Board of Commissioners. (f) Transfers may be made from the non -departmental reserve account Administrative Contingency as specific requests for this item are reviewed and approved by the Fiscal Officer, contingent upon adherence to the following conditions: (1) The amount of funds to be transferred for any one purpose shall not exceed $10,000 and must have approval of Finance Committee; (2) The purpose of the transfer is related solely to operating expenses and cannot be utilized for any personnel considerations; (3) A contingency listing showing beginning balance, itemization of each transfer, and current balance shall be maintained and available on request, as well as a formal part of the County Executive's Quarterly Financial Forecast. . (g) Prior approval of the Finance Committee shall be required for any expenditure from the professional services account the Administrative Division of the Department of Management and Budget. Requests for such approval shall include details of the nature of the services, their anticipated results and anticipated time frame. Results of any studies funded under this line item shall be reviewed by the Finance Comeittee. fh) The Finance Officer is authorized to make appropriate budget amendments in accordance with preset rates to accommodate Township contracts for patrol services. The Finance Officer shall report such amendments to the Finance, Public Services and Personnel Committees on a timely (as they occur) basis. 22. The Board of Commissioners may make supplemental appropriations by amending this general appropriations measure as providec by this resolution. provided that revenues in excess of those anticipated in the original appropriations measure become available due to: (a) An unobligatec surplus from prior years becoming available; (b) Current year revenue exceeding original estimate in amounts great enough to finance increased appropriations. The Board of Commissioners may make a sepplemntal appropriation by increasing the dollar amount of an appropriation item in the original general appropriations measure or by adding additional items. At -the same time the estimated amount from the source of revenue to which the increase in revenue may be attributed shall be increased, or other source and amount added in a sum sufficient to equal the supplemental expenditure amount. In no case may such appropriations cause total estimated expenditures, including an accrued der,cit, to exceed total estimated revenues, including an unappropriated surplus. 23. Whenever it appears to the County Executive or the Board of Commissioners that actual and probable revenues in any fend will be less than the estimatec revenues upon which appropriations from such fund were based, the County Executive shall present to the Board of Commissioners recommendations which, if adopted, will prevent expenditures from exceeding available revenues for the current fiscal year. Such recommendations shall include proposals for reducing appropriations, increasing revenues, or both. After receiving the recommendations of the County Executive for bringing appropriations into balance with estimated revenues, the Board of Commissioners shall amend the general appropriations measure to reduce appropriations or shall aporove such measures necessary to provide revenues sufficient to equal appropriations, or both. 24. All appropriations are annual and the unexpended portion Shall lapse at year end. Encumbrances and appropriations carried forward will be recorded as a reservation of fund balance and the subsequent year's budget amenced to provide authority to complete these transactions, as defined in NCGA, Statement 1. The recommendec year-end budget amerdment shall be supported with a statement of revenues and expenditures and operating surplus or deficit which shall contain the following data: (1) budget as adopted; (21 bueget amendments; (3) budget as adjusted; (4) revenues and expenditures, operating surplus or deficit; (5) accrued revenue and expenditures; (6) transfers; (7) total revenues and expenditures and transfers, operating surplus or deficit, including accruals and transfers; (8) encumbrances; (9) appropriations carried forward; (10) total revenues and appropriations utilized, operating surplus or deficit, including encumbrances and appropriations carried forward; (11) balance of revenues not collected, unencumbered appropriation balance, operating surplus or deficit; (12) detail of adjustments to designated and undesignated fund balance, detail of adjustsment to reserves and/or any other utilization of surplus; (13) final surplus or deficit or undesignated fund balance carried forward to the subsequent year's budget. 25. A member of the Board of Commissioners, the County Executive, any elected officer. the Fiscal Officer, any other administrative officer or employee of Oakland County shall not create a debt, incur a financial obligation on behalf of the County against an appropriation account in 419 Commissioners Minutes Continued. December 13, 1990 excess of the amount authorized nor apply or divert money of the County for purposes inconsistent with those specified in this general appropriations measure as approved and amended by the Board of Commissioners. Funds shall not be expended or transferred from 'off-budget' or balance sheet reserve accounts, contingent liability aceounts, designated and undesignated fund balances without specific appropriation or other appropriate action by the Board of Commissioners. 26. Any violation of the general appropriations measure by the County Executive, the Fiscal Officer, any administrative officer, employee or member of the Board of Commissioners detected through application of generally accepted accounting procedures utilized by Oakland County or disclosed in an audit of the financial records and accounts of the County shall be filed with the State Treasurer and reported by the State Treasurer to the Atterney General. Pursuant to Public Act 621 of 1978, the Uniform Buegeting Act, the Attorney General shall review the report and initiate appropriate action against the person or persons in violation. For use and benefit of the County of Oakland, the Attorney General or ?rosecuting Attorney may institute a civil and/or criminal action in a court of competent jurisdiction for the recovery of County funds disclosed by an examination to have been expended or collected as a result of malfeasance, and for the recovery Of public property disclosed to have been converted or misappropriatee. 27. The provisions of this act shall be applied to the General Fund and all Special Revenue and Proprietary Funds of the County, including Enterprise Funds and Internal Service Funds. Mr. Chairperson, on behalf of the Finance CoreCttee, I move the adoption of the foregoing resolution which embodies the -991 General Appropriations Act as detailed in the 1991 Budget document, including subsequent amendments. Moved by Caddell supported by Pappageorge the Recommended 1991 Budget be amended as follows: To return $2,669.808 to the appropriation for Retirees' Hospitalization and the necessary funds be transferred from the appropriate Saecial Contingency Account to Retirees' Hospitalization. Discussion followed. Vote on amendment: AYES: Bishop, Caddell, Calandro, Chester, Gosling. Huntoon, Jensen, Law, McCulloch, Moffitt, Olsen, Pappageorge, Rewold. Skarritt. (14) NAYS: Crake, Feerens, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Oaks, Pernick, Price, Aaron. (11) A sufficient majority having voted therefor, the amendment carried. Report By Personnel Committee • IN RE: Personnel Department - RECOMMENDEL1 1991 GENERAL SAeARY INCREASES To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee recommends the 1991 salary ranges for County classifications not represented by bargaining units and included in salary grades 1 - 21, effective December 29, 1990 in the following manner: Increase the 1990 salary rarees for salary grades 1 - 21 by 4.5% for 1991; Increase the current salary ranges of classes n grades 1 - 21, where current maximum is below- the 1990 salary grade range maximum, up to the 1990 salary grate range maximum, plus an additional 4.5%, except that no increase shall exceed 10%; Increase by 2.5% the current salary ranges of classes wnose current maximum is above the 1990 salary grade range maximum or to the 1991 salary grade maximum, whichever is greater; FURTHER that all remaining classes not represented by bargaining units be increased by 4,5% effective December 29. 1990 including appointed officials, part-time hourly, Summer Employee and Student classifications, but excluding: Appointed Board anc Cemmission members; and District. Probate and Circuit Judge classifications which are currently at the maximum rate allowed; and Commissioner classifications, otner elected officials and designated exceptions to salary erades -1 -21 which shall be addressed by separate reports; FURTHER that collective bargaining agreements approved by this Board with 1991 wage increases scheduled to be effective with the first pay period on or after January 1, 1991 hereby be authorized to be effective on December 29, 1990 provided such effective date receives the concurrence of the appropriate bargaining unit representatives; FURTHER that the overtime eligibility for the Property Management Technician II classification be changed to no overtime; FURTHER that no transfer of monies is required to fund these increases since sufficient FINANCE COMMITTEE G, William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. 420 Commissioners Minutes Continued. December 13, 1990 monies have already been distributed to the departmental salaries and fringe benefit line items; FURTHER that elassificatioes ee retitled as shown in Attachment A; Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoiieg report. PERSONNEL COMMITTEE John P. Calandra, Chairperson CLASSIFICATIONS TO RETITLE From Recreation Supervisor - P & R Case Mgmt Coord - GMH Sr. Medical Technologist X-Ray Technologist X-Ray Technologist Supv Nearing & Vision Prog Spec Childrens Supv I & II Childrens Supv III To Recreation Supervisor Case Mgmt Coordinator Laboratory Supervisor Radiologic Technologist Radiology Supervisor Hearing Program Specialist Youth Specialist I & II Youth Specialist Supv Moved by Calandro supported by Gosling the amendment be approved. A sufficient majority having voted therefor, the amendment was approved. Report By Personnel Committee IN RE: RECOMMENDED 1991 SALARY INCREASES FOR THE COUNTY EXECUTIVE, PROSECUTING ATTORNEY, COUNTY CLERK/REGISTER OF DEEDS, DRAIN COMMISSIONER, SHERIFF AND COUNTY TREASURER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee recommends the 1991 salary of the County Executive, Prosecuting Attorney, County Clerk/Register of Ceeds, Drain Commissioner, Sheriff and County Treasurer by 4.5% effective December 29, 1990; FURTHER should . the 1991 statutory and per diem allowances whch are paid to the County Clerk/Register of Deeds and the Treasurer, when combined with their annual base salaries, not be equivalent to the 1991 salary of the Sheriff and Drain Commissioner, the difference shall be paid to County Clerk/Register of Deeds and the Treasurer on the last pay period of 1991; FURTHER, should the County Clerk/Register of Deeds or Treasurer leave office during the calendar year of 1991, the salary shell be prorated based on the targeted year-end salary; FURTHER that retirement and other benefits shall be based on the targeted year end salary; FURTHER that no transfer of monies is required to fund these increases since sufficient monies have already been distributed to the departmental salaries and fringe oenefit line items. Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Moved by Calandro supported by Gosling the amendment be approved. Moved by Caddell supportec by Huntoon the amerdment be amended in the 1st paragraph following the words 1991 salary, by adeing 'year-end" and also delete the next 3 "FURTHER" paragraphs. (the 2nd, 3rd and 4th parasraphs) AYES: Caddell, Chester, Huntoon, Jensen, Moffitt, Rewold, SKarritt. (7) NAYS: Calandro, Crake, Ferrens, Gosling, Johnson, R. Kuhn. Law, Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick, Aaron, Bishop. (17) A sufficient majority not having voted therefor, the amendment to the amendment failed. Vote on amendment: AYES: Calandro, Chester, Crake, Ferrens, Gosling, litirtoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Oaks. Olsen, Pappaeeorge, Pernick, kewold, Skarritt, bishop,. Caddell. (22) NAYS: Aaron. (1) A sufficient majority having voted tnerefor, the amendment was approved. Report By Personnel Committee IN RE: Personnel Department - RECOMMENDED 1991 SALARY INCREASES FOR CLASSES DESIGNATED AS EXCEPTIONS TO SALARY GRADE PLACEMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pos # Class Current Location Proposed Location 436050108B 4360103030 4360106917 4361S02876 Mr Commissioners Minutes Continued. December 13, 1990 The Personnel. Committee recommends the 1991 rates be increased for classifications excepted from salary grade placement by 4.5% effective December 29, 1990. excluding the following classification salary ranges which shall be increased as follows... General Staff Nurse 6.0% Nursing Supervisor 6.C% Relief Charge Nurse Clinical Health Specialist 6.0Z FURTHER that the classification of Senior Psychologist be added to the classifications excepted from salary grade placement and the current salary grade be increased by 7.0Z effective December 29, 1990; FURTHER that no transfer of monies is required since sufficient monies have already been distributed to the departmental salaries and fringe benefit line items. Mr. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Moved by Calandro supported by Crake the amendment be approved. A sufficient majority having voted therefor, the amendment was approved. Report By Personnel Committee IN RE: Personnel Department — TRANSFER OF CLERICAL POSITIONS IN SHERIFF DEPARTMENT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Personnel Committee recommends to amend the 1991 Budget document by transferring certain clerical positions within the Sheriff Department to reflect current work assignments. Positions shall be moved as follows: 421 Clerk III Prot Svs/lnvest Prot Svs/Adm Office Leader Prot Svs/Admin Tech Sys/ Special Teams Clerk II Prot Svs/Adrin Prot Svs/Trff Clerk III Prot Sys/Patrol Tech Sys/ Spec Teams • Chairperson, en benalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Moved by Calandro supported by Pappageorge the amendment be approved. A sufficient majority having voted therefor, the amendment was _approved. Moved by Calandra supported by Chester the salary for the Board of Commissioners be set at a flat rate of S20,964. Moved by Aaron supported by McPherson that the salary compensation of the Chairmeo of the Board of Commissioners and the Chairean of the Finance Committee of the Board of Commissioners shall not exceed the total of the salary paid to other elected members of the Board of Commissioners by more than $2500.04 annually. Vote on amendment to the amendment: A sufficient majority not having voted therefor, the amendment to the amendment failed. Vote on amendment: A sufficient majority having voted therefor, the amendment was approved. Moved by McCulloch supported by Price the 1991 Budeet be amended by transferring S338,000 from the General Contingency Account to the Mental Health Contingency Account and allocated for the purpose of providing Respite Care Services or similar services with specific disbursements to be approved by the appropriate liaison committee. Moved by Price supported by McPherson the amendment be emended that the sum of $500,000be further allocated to Community Mental Health Board and the amount allocated to fund employees retire- ment obligations be reduced in the amount of $500,000. A sufficient majority not having voted therefer, the amendment to the amendment failed. 422 Commissioners Minutes Continued. December 13, 1990 Moved by Johnson supported by Caddell the amendment be amended by adding "this amount will be contingent upon not losing state funding." Discussion followed. Vote on amendment to the amendment: A sufficient majority not having voted therefor, the amendment to the amendment failed. Vote on amendment: A sufficient majority having voted therefor, the amendment was approved. Moved by Pernick supported by Aaron the amount in excess of $1,004,000. in the Sheriff's Department Budget for overtime be deleted and the funds transferred to the Contingency Fund. AYES: euxon, McConnell, McPherson, Oaks, Pernick, Aaron, Bishop. (7) NAYS: Chester, Creke, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Caddell, Calandro. (17) A sufficient majority not having voted therefor, the amendment failed. Moved by Aaron suppurted by McPherson the funding for tie aositions in the budget shown as "Deputy County Executive - Operations", 'State and Federal Grants Coordinator" and "Public Information Officer" be eliminated. AYES: Ferrens, McPherson, Pernick, Aaron. (4) NAYS: Crake, Gosling, Hurtoon, ,;ensen, Johnson. R. Kuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Rewold, Skarritt, Bishop, Caddell, Calandro, Chester. (20) A sufficient majority not having voted therefor, the amendment failed. Vote on Budget, as ameneed: AYES: Ferrens, Gosling, Huntoon. ,:ensen, C.iohrsoe, R. ICuhn, Law, Luxon, McConnell, McCulloch, Moffitt, Oaks, Olsen, Pappageorge, Peenick, Price, Rewold, Skarritt, Bishop, Caddell, Calandro, Chester, Crake. (23) NAYS: McPherson, Aaron. (2) A sufficient majority having voted therefor, the 1991 Budget, as amended, was adopted. Misc. 90285 By Finance Committee IN RE: Risk Management - GALLAGHER BASSETT 1991 CONTRACT ADDENDUM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #89300 approved a contract between Oakland County and Gallagher Bassett for risk management services, claims reporting, and loss prevention, etc.; and WHEREAS Risk Management has recommended the contract extension for the period December 15, 1990 - December 15, 1991 at an estimated cost of $47,Bg4 for claims management, loss prevention, Risx Facs and system charges; and WHEREAS the 1990/91 County Building and Liability Insurance Fund has budgeted funds for this purpose. NOW THEREFORE BE IT RESOLVE) the Board of Commissioners approves extension of the contract with Gallagher Bassett through December 15, 1991. Kr. Chairperson, on behalf of the Finance Committee, I recommend the adoption of the foregoing resolution. Copy of Addendum #3 to Agreement for Services on file in tie County Clerk's Office. Moved by Caddell supported by Feerens the resolution be adopted. AYES: Gosling, Hentoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewuld, Skarritt, Aaron, Caddell, Calandro, Chester, Crake, Ferrens. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. , FINANCE COMMITTEE G. William Caddell, Chairperson Commissioners Minutes Continued. December 13, 1990 423 Misc. 90286 By Finance Committee IN RE: Maeegement and Budget - 1990 THIRD QUARTER FORECAST AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Third Quarter Forecast prepared by the Department of Management and Budget indicates the County will end 1990 with a Goaernmentel Funds elance estimated at S1,669,763 (revenue favorability of $1,003,134 and expenditure favorability of $666,629); and WHEREAS the Third Quarter fereeast estimates favorable revenue variances for Investment Income and State Income Tax partially offset by unrealized revenues for the Sheriff's Departmeet and Drain Commissioner; and WHEREAS the Third Quarter Forecast estimates favorable expenditure variance for Health Division, 1HS/Administration, Private Institutions, Equalization and Accounting Division partially offset by unfavorable variance for expenditures in Sheriff's Department, Social Services Hospitalization, Circuit Court, and Children's Village; and WHEREAS the 1990 General Appropriations Act, Section 16, states that expenses will be controlled within the categories of Salaries and Fringe Benefits, Overtime, and Operating, and at no time shall the net expenditures exceed the total appropriatiors for such categories; and WHEREAS certain department budgets are projected to be within budget appropriation at year-end but not within control category appropriation, thus requiring a transfer of funds between categories in order to comply with the.General Appropriations Act (see Attachment A); and WHEREAS certain departments are expected to be overbudget at year end for expenditures and have requested additional funding as indicated on attachment "A as follows: Circuit Court Public Information Circuit Court Probation Non -Dept. Insurance Non-Dept. Area Wide Water e,uality Non-Dept. Michigan Association of Counties WHEREAS District Court Division I Nailed Lae) has favorable revenues to offset increased expenditures and proposes to amend both revenue and expenciture budgets by 21,500 per attachment "A"; and WHEREAS revenue for Community Mental Health is unfavorable due to program reduction aid is more than offset by expenditure favorability; and WHEREAS unfavorable expenditures for Medical Care Facility are partially offset by favorable revenues for Medical Care Facility due to accounting change in the occupational therapy services contract; and WHEREAS actual usage of Computer Services-Operations varies from budget Attachment "8" proposes to adjust Budgets accordingly. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves amendments to the. 1990 Rucget per attachment 'A" and attachment "3". Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Attachments on file in County Clerk's Office. Moved by Caddell supported by Papageorge the resolution be aeopted. AYES: huntoon, Jensen, aohnsen, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Reeold, Skarritt, Aaron, Caddell, Calandra, Chester, Crake, Ferrens. (231 NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90287 by Finance Committee IN RE; Sheriff's Department - ACCEPTANCE OF THE 1991 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff's Department applied for continued funding of the Auto- mobile Theft Prevention Authority (ATPA) Grant for the period ,aanuary 1, through December 31, 1991 in the amount of $733,961; and WHEREAS the ATPA has awarded the County $701,555 or 96% of the applied amount as detailed in attached Schedule A; and WHEREAS the grant propesee to fund 1001 of program expenses and no County match is required; and 424 Commissioners Minutes Continued. December 13, 1990 WHEREAS the Office of Corporation Counsel has reviewed and approved the agreement as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Sheriff's Department's 1991 Automobile Theft Prevention Authority Grant Agreement in the amount of $701,555. BE IT FURTHER RESOLVED that the Sheriff's Department's 1991 Automobile Theft Prevention Grant budget be amended as detailed in attached Schedule A. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute said agreement and to approve minor changes and agreement extensions not to exceed fifteen (15) percent variance which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant noes not obligate the County to any future commitment and continuation of positions is contingent upon continued funding. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Attachment "A" on file in Ceunty Clerk's Office. Moved by Caddell supported by Richard Kuhn the resolution be adopted. AYES: Jensen, Johnson. R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Papageorge, Pernick, Rewold, Skarritt, Aaron, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoen. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90288 By Finance Committee IN RE: Prosecuting Attorney - ACCEPTANCE OF THE 1991 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Prosecuting Attorney applied for continued funding of the Automobile Theft Prevention Authority (ATPA) Grant for the period .Anvary 1, through December 31. 1991 in the amount of $180,096; and WHEREAS the ATPA has awarded tne County $165,055 or 92% of the applied amount as detailed in attached Schedule A; and WHEREAS the grant proposes to fund 100% of program expenses and no County match is required; and WHEREAS the Office of Corporation Zounsel has reviewed and approved the agreement as to legal sufficiency. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Prosecuting Attorney's 1991 Automobile Theft Prevention Authority Grant Agreement in the amount of $165,055. BE IT FURTHER RESOLVE: that the Prosecuting Attorney's 1991 Automobile Theft Prevention Grant budget be amended as detailed in attached Schedule A. BE IT FURTHER RESOLVED tnat the Chairperson of the Board of Commissioners is authorized to execute said agreement and to approve minor changes and agreement extensions not to exceed fifteen (15) percent variance which are consistent with the agreement as approved. BE IT FURTHER RESOLVED acceptance of this grant does not obligate the County to any future commitment and continuation of positions is contingent upon continued funding. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy ci Schedule "A" on file in the County Clerk's Office. Moved by Caddell supported by Richard Kuhn the resolution be adopted. AYES: Jensen, Johnson, R. Kuhn, Law, Luxan, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewcld, Skarritt, Aaron, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon. (2) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 425 ' Commissioners Minutes Continued, December 13, 1990 Misc. 90289 By Finance Committee IN RE: Department of Institutional and Human Services/Health Division - 1990 MOBILE HOME PARK INSPECTION AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Health Division applied to the Michigan Department of Public Health (MDPH) for $19,440 in reimbursement funds to conduct annual environmental health inspections, necessary follow up, and complaint processing on mobile home parks during calendar year 1990 as required by Section 17 of 1987, Public Act 96; and WHEREAS the MOPH has awarded Oakland County a reimbursement agreement in the amount of $19,440, the same as the application; and WHEREAS implementation cf this agreement requires no additional County staff or resources; and WHEREAS revenue for this service in 1990 was budgeted at $16,922 in the 1990/1991 Biennial Budget, this agreement will increase th'.s amount by $2,518, wlich can be appropriated to the 1990 Contingency account; and . WHEREAS Corporation Counsel has reviewed and approved this agreement as to legal sufficiency; and WHEREAS acceptance of this agreement does not obligate the County to any future commitments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1990 Mobile Home Park Inspection Agreement in the amount of $19,440 and that the Chairperson is authorized to execute said reimbursement agreement and to approve amendments to the agreement up to fifteen (15) percent variance from the original award which are consistent with the agreement as approved. BE IT FURTHER RESOLVED that the 1990 Budget be amended as follows: Revenue 3-22100-162-20-00-2669 Trailer Park Inspection Fees $2,518 Expenditures 4-10100-909-01-00-9900 Contingency $2,518 Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Cnairperson Moved by Caddell supported by Crake the resolution be adopted. AYES: Johnson, R. Kuhn, Law, Luxon, McCcnnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Aaron, Caddel), Calandro, Crake, Ferrens, Gosling, Huntoon, Jensen. (221 NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90290 By Finance Committee IN RE: Department of Institutional and Hunan Services/Health Division - 1990/1991 AIDS COUNSELING AND TESTING PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105 tne Health Division applied to the Michigan Department of Public Healtn (MDPH) for $211,978 in AIDS Counseling and Testing Grant funds for the period October 1, 1990 through September 30, 1991; and WHEREAS the MPH has awareed the Oakland County Health Division a 1990/1991 AIDS Counseling and Testing Grant in the same amount as applied for; and WHEREAS the 199011951 Biennial Budget included estiwated grant revenues and expenses of $285,157 for this program, the acceptance of the actual award will require butget adjustments; and WHEREAS the MDPh grant will cover 100% of program cost, no additional resources are required; and WHEREAS the Office of Corporation Counsel has reviewed the grant agreement and approved it as to legal sufficiency; and WHEREAS acceptance of this agreement does nct obligate the County to any future commitments. NOW THEREFORE BE IT RESOLVED tnat the Oakland County Board of Commissioners accepts the 1990/1991 AIDS Counseling and Testing Grant in the amount of $211,978. BE IT FURTHER RESOLVED that *.he .Chairperson of the Board is authorized to execute said Agreement and to approve minor changes Or extensions up to fifteen (1E) percent variance, which are 426 Commissioners Minutes Continued. December 13, 1990 consistent with the grant as originally approved. BE IT FURTHER RESOLVED that the 1991 grant revenues and expense Budget be amended as detailed in Schedule A. BE IT FURTHER RESOLVED that future level of service (including personnel) shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Crake the resolution be adopted. AYES: Johnson, R. Kuhn, Law, Luxon, McConnell, McCull.och, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens, Gosling, Huntoon, Jensen. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90291 By Finance Committee IN RE: Department of Institutional and Human Services/Health Division - 199011991 TB OUTREACH GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, the Health Division applied to the Michigan Department of Public Health (MDPH) for $43,802 in TB Outreach Grant funds for the period October 1, 1990 through September 30, 19S1; and WHEREAS the MDPH has awarded the Oakland County Health Division a 1990/1991 TB Outreach Grant award in the amount of $43,802, the same as the application, for tne same time period; and WHEREAS the 1990/1991 Biennial Budget included estimated grant revenues and expenses of $40,930 in 1991 for this program, acceptance of the actual award will rapire budget adjustments; and WHEREAS the MPH grant will cover 10CS of program cost, no additional resources are required; and WHEREAS the Office of Corporation Counsel has reviewed the grant agreement and has approved it as to legal sufficiency; and WHEREAS acceptance of this agreement does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1990/1991 TB Outreach Grant in the amount of $43,802. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute said agreement and to approve minor changes or extensions up to fifteen (15) percent variance, which are consistent with the grant as originally approved. BE IT FURTHER RESOLVED that the 1991 grant revenue and expense budget be amended as detailed in Schedule B. BE IT FURTHER RESOLVED that future level of service (including personnel) shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Schedule B on file in County Clerk's Office. Moved by Caddell supperted by Crake the resolution be adopted. AYES: Johnson, R. Kuhn, Lew, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappaeeorge, Pernick, Rewold, Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens, Gosling, Huntoon, Jensen. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 427 Commissioners Minutes Continued. December 13, 1990 Misc. 90292 By Finance Committee IN RE: Economic Development Division - 1990/1991 SMALL BUSINESS DEVELOPMENT CENTER GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a report was sAmitted to the Chairperson of the Oakland County Board of Commissioners for the Economic Development Division's ",990/1991 Small Business Development Center Grant application in the amount of $54,000; and WHEREAS the Michigan Department of Commerce has approved an award of $54,000 to Oakland County for the period October 1, 1990 through September 30, 1991; and WHEREAS the total program as approved by the Michigan Department of Commerce is in the amount of $109,700 (State Grant $54,000; County Match $55,700) as snown in Schedule A; and WHEREAS the County meets local match requirements by providing hard match funding equal to at least one half of state funding and by providing match (both hard match and in-kind) at least equal to state funding; and WHEREAS funding for County match is provided A:n Economic Development's 1990/1991 Budget; and .WHEREAS the grant agreement has been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1990/1991 Small Business Development Center Grant in the amount of $54,000 and the Chairperson of the Board of Commissioners is autnorized to execute the agreement and to approve minor changes and contract extensions, not to exceed a fifteen (15) variance, which is consistent with the contract as approved. BE IT FURTHER RESOLVED tnat the 1390 Budget for the Small Business Development Center Grant be amended as detailed in the attached Schedule A. BE IT FURTHER RESOLVED that the future level of service (including personnel) shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on benalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Copy of Schedule A on file in County Clerk's Office. Moved by Caddell supported by Crake the resoiutior be adopted. AYES: R. Kuhn, Law, ',_uxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Caddell, Calandra, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson. (23) NAYS: None. (0) A sufficient majority having voted therefor, tne resolution was adopted. Misc. 90293 By Finance Committee IN RE: Economic Development Division - 1990/1991 AREA DEVELOPMENT OFFICE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS a report was submitted to the Board of Commissioners for the Economic Development Division's 1990/1991 Area Development Office Grant application in the amount of $45,000; and WHEREAS the Michigan Departeent of Commerce has approved an award of $45,000 to Oakland County for the period October 1, 1990 through September 30, 1991; and WHEREAS the total program as approved by the Michigan Department of Commerce is in the amount'of $100,700 ($45,000 State Grant; $55,700 County Match), as shown in Schedule A; and WHEREAS the County meets local match requirements by providing hard match funding equal to at least one half of State funding and by providing match (both hard match and in-kind) at least equal to State funding; and WHEREAS funding for County match is provided in the Economic Development's 1990/1991 Budget; and WHEREAS the grant agreement has been reviewed anc approved as to legal sufficiency by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1990/1991 Area Development Office Grant in the amount of $45,00 and the Chairperson of the Hoard of Commissioners be and is hereby authorized to execute the agreement. BE IT FURTHER RESOLVED that tee Chairperson of the Board is authorized to approve minor changes and contract extensions, net to exceed a fifteen (15) percent variance, which is consistent with the contract as approved. HE IT FURTHER RESOLVED ;eat the 1990 Budget for the Area Development Office Grant be amended as detailed in the attached Schedule A. 428 Commissioners Minutes Continued. December 13, 1990 BE IT FURTHER RESOLVED that the future level of service (including personnel) shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE . G. William Caddell, Chairperson Copy of Schedule A on file in County Clerk's Office. Moved by Caddell supported by Crake the resolution be adopted. AYES: R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90294 By Finance Committee IN RE: Public Works/Facilities Engineering Division - AUTHORIZATION TO FUND THE REROOFING OF THE EXECUTIVE OFFICE BUILDING To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Executive Office euilding was reroofed ir. 1979 and has experienced problems over the last few years; and WHEREAS the 10 year warranty thru HUES America, Inc. has expired and the HULS America has offered to upgrade the roof by replacing existing PVC membrane with a new, reinforced Trocal membrane; and WHEREAS the Department ef Public Works recommends the construction contract of $39,960 to be awarded through the Department of Management and Budget; and WHEREAS additional costs are estimated to be $6,040; arc! WHEREAS the total cost of the above mentioned work is estimated to be $46,000 as detailed in the attached schedule; and WHEREAS funding for the above-mentioned project is available in the Revised 1990 Capital Improvement Program - Building Section - Reroofing Section. NOW TEEREFORE BE IT RESOLVED as follows: 1) The Board of Commissioners authorizes the transfer of S46.000 from the 1990 Capital Improvement Program-Building Fund W4C100 to the Project Work Order Fund #40400 to establish the project, 2) The contract proposal of dULS America, Inc. in the amount of $39,940 be accepted and the contract awarded in concurrence witn the Planning and Building Committee recommendations. 3) Funds be provided in the ammt of $6,040 to cover the remaining project costs. 4). The County Executive is hereby authorized and directec to execute a contract with MULS America, Inc. on behalf of the County of Oakland, Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Cadoell, Chairperson Report (Misc. 90294) To Finance Committee from Planning and Building Committee IN RE: Reroofing of the Executive Office Building - Project 90-1 Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewea the above-referenced project, reports with a recommendation to accept the offer of Huls America, Inc. to furnish the poly-vinyl chloride roofing material at no cost, and to authorize issuance of a purchase order for a factory-authorized contractor to install the roofing at a cost of 139,960.00; for a total project cost of $46,000.00. Mr. Chairperson, on behalf of the Planning and Bulding Committee, I submit the foregoing report. PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by Caddell supported by HAtoon the Planning and Building Committee Report be accepted. A sufficient majority haying voted therefor, the report was accepted. Moved by Caddell supported by Crake the resolution be adopted. $2 million time Commissioners endorses and funds the per Commissioners appropriates $2,000,000 (1,000,000) $1,000,000 Commissioners Minutes Continued. December 13, 1990 AYES: Law, Luzon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Papageorge, Pernick, Price, Rewold, Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens, Gosling, huntoon, Jensen, R. Kuhn, (22) NAYS: Johnson. (1) A sufficient majority having voted therefor, the resolution was adopted. Report (Misc. 9027B) By General Government Committee IN RE: INTELLIGENT VEHICLE - HIGHWAY SYSTEMS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The General Government .'.ommittee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the last BE IT FURTHER paragraph amended to read: "BE IT FURTHER RESOLVED the release of this appropriation is contingent upon the execution of appropriate contracts and as costs are incurred with approval of the Pinance -eamerttee 6tneral Government Committee." , Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Misc. 9027B By Finance Committee IN RE: IKTELLIGENT VEHICLE-HIGHWAY SYSTEMS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS traffic problems are of major concern; and WHEREAS the County recogrizes t can not "pave" its way out of traffic congestion; and WHEREAS innovative solutions have maximized Oakland County efforts to better serve County residents while minimizing cost; and WHEREAS the County Executive recognizes And supports the Intelligent Vehicle-Highway Systems as an opportunity to alleviate traffic problems at minimum cost, particularly Moire= local effort cost; and IMEREAS a demonstration project allows the County to leverage a one expenditure into $50-$60 even $70 nillion federal and/or state funding; and WHEREAS the County has identified funds for this purpose. HOW THEREFORE BE IT RESUVED the Oakland County Board of demonstration of the Intelligent Vehicle-Highway Systems. BE IT FURTHER RESOLVE) the Oakland County Board of the budget as follows: 1990 Expenditures: Special Contingency Intelligent Vehicle-Highway Systems 1991: 429 Revenue Prior Years Balance Expenditure Intelligent Vehicle -Highway Systems $1,0)0,000 $1,000.000 BE IT FURTHER RESOLVED the release of this appropriation is contingent upon the execution of appropriate contracts and as ccsts are incurred with approval of the Finance Committee, Mr. Chairperson, on behalf of the Finance Committee, 1 move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by'Gaddell supported by Huntoon the General Goverment Committee Report be accepted. A sufficient majority having voted therefor, the report was aecepted. Moved by Caddell supported by HUfltOOTI the resolution be adopted. Moved by Skarritt supeorted ey Caddell the resolution be amended to state "the Finance Committee will be advised of the action taken by the General Government Committee." A sufficient majority having voted therefor, the amendment carried. Mr McCulloch stated when the resolution was iaid over from November 29th, he had advised the Board that the concept of the loan for the $2,000,000 'seed money should be considered before today's meeting therefore, he was presenting the following substitute resolution: 430 Commissioners Minutes Continued. December 13, 1990 IN RE: INTELLIGENT VEHICLE-HIGHWAY SYSTEMS To the Oakland County Board of Commissioners Kr. Chairperson, Ladies and Gentlemen: WHEREAS traffic problems are of major concern; and WHEREAS, the County recognizes it cannot "pave its way Out of traffic congestion; and WHEREAS innovative solutions have maximized Oakland County efforts to better serve County residents while minimizing cost; and WHEREAS the County Executive recognizes and supports the Intelligent Vehicle-Highway Systems as an opportunity to alleviate traffic problems at minimum cost, particularly minimum local effort cost; and WHEREAS a demonstration project allows the County to leverage a one time $2 million expenditure into $50 -$50 even $70 million federal and/or state funding; and WHEREAS the County has identified funds for this purpose. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners endorses and hereby tenders a loan to the Road Commission for Oakland County to fund the demonstration of the Intelligent Vehicle-Highway Systems, DE IT FURTHER RESOLVED the loan shall be consistent with the Oakland County loan policy and shall not exceed $2,000,000 in amount and shall not exceed a term of five (5) years from the date of release of the proceeds.- BE IT FURTHER RESOLVED the release of the loan proceeds is contingent upon the execution of appropriate contracts and as costs are incurred with approval of the Finance Committee, Mr. Chairperson, I move the adoption of the foregoing resolution. Michael D. McCulloch, Commissioner Dist. 11 Moved by Calandro supported by ,Ansen the rules be suspended for consideration of the resolution. Daniel T. Murphy, County Executive, addressed the Board. Vote on suspension of the rules; AYES: Limon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pernick, Rewold, Calandro, Jensen, Johnson. (1I) NAYS: Moffitt, Pappag6orge, Price, Skarritt, Aaron, Caddell, Crake, Ferrens,.GosIing, Huntoon, R. Kuhn, Law. (12) A sufficient majority not having voted therefor, the motion to suspend the rules to consider the substitute resolution failed. Moved by Skarritt supported by Caddell the resolution be amended to agree with the Finance Committee Report. A sufficient majority having voted therefor, tne amendment carried. Vote on resolution, as amended: AYES: McCulloch, McPherson, Moffitt, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens, Gosling, Huntoon, R. Kuhn, Law, Luxon. (18) NAYS: McConnell, Olsen, Jensen, Johnson. (4) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Report By General Government Committee IN RE: • County Executive - CONFIRMATION OF APPOINTMENT OF JOSEPH MIME AS DIRECTOR OF PUBLIC WORKS DEPARTMENT To the Oakland County Board of Commissioners Mr, Chairperson, Ladies and Gentlemen: The General Government Committee, having received the County Executive's letter appointment Joseph Minjoe as Director of the Public Works Department, reports with the recommendation that said appointment be confirmed. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by CraKe the report De accepted. A sufficient majority having voted therefor, the report was accepted and the appointment confirmed. Commissioners Minutes Continued. December 13, 1990 Misc. 90279 By General Government Committee IN RE: Institutional & Human Services/Health Division - ADOLTION TO HEALTH 0/VISION FEE SCHEDULE (MOSS FACILITY INSPECTIONS) To the Oakland County Board of Commissioners • Mr. Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan no longer reimburses the Oakland County Health Division for its cost associated with environmental health inspections of Michigan Department of Social Services (MOSS) licensed facilities; and WHEREAS these licensed facilities are required by MOSS to have environmental health inspections by local health departments to be licensed to operate; and WHEREAS it is recommendec that a new fee be established and added to the Health Division Fee Schedule. NON THEREFORE BE IT RESOLVED that the Oakland County Boarc of Commissioners does hereby approve the following addition to the Health Division Fee Schedule effective immediately until such time as the State reimburses the Health Division for tnese costs: ACTIVITY CURRENT PROPOSED MDSS Licensed Facility Inspections -0- VETTOTir BE IT FURTHER RESOLVED that said fee will be reviewed by the General Government Committee six months from the adoption of this resolution. Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. . GENERAL GOVERNMENT COMMITTEE Richard G. Skarritt, Chairperson Fiscal Note (Misc. 90279) By Finance Committee IN RE: Institutional and Human Services/Health - ADDITION TO HEALTH DIVISION FEE SCHEDULE (DSS FACILITY INSPECTIONS) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Role XI-C of this Boar, the Finance Committee has reviewed Miscellaneous Resolution #90279 and finds revenue has been budgeted in the 1990/1991 Biennial Budget in anticipation of service continuation, no budget amendments are required. - FINANCE COMMITTEE G. William Caddell, Chairperson Moved by 5karritt supported by Mean the resuluteon be adopted. AYES: McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Perniek, Price, Rewold, Skarriet, Aaron, Caddell, Calandro, Crake, Ferrens, Gosling, eluntoon, Johnson, R. Kuhn, Law, Luxon, McConnell. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90295 By Personnel Committee IN RE: Probate Court - 1990-1993 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 2437, CASEWORKERS AND NON-CASEWORKERS, COUNCIL 25, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Probate Court and Local 2437, Council 25, American Federation of State, County and Municipal Employees, AFL-CIO, nave been negotiating a contract covering approximately 147 Casework and Non-Casework employees of the Oakland County Probate Court; and WHEREAS a four (41 year agreement has been reached with these employees for the period January 3, 1990 through December 31. 1993 and said agreement has beer, reduced to writing; and WHEREAS said agreement has been reviewed by your Personnel Committee which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the agreement between tne Oakland County Probate Court, the Caseworker employees and Non-Caseworker employees, and Local 2437, Council 25, American Federation of State, County and Municipal Employees, AFL-CIO, be and the sane is hereby approved; and that the Chairperson of this 3oard, on behalf of the County of Oakland, be and is hereby authorized to execute said agreement, a copy of which is attached hereto. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calandro, Chairperson 431 432 Commissioners Minutes Continued. December 13, 1990 Fiscal Note (Misc. 90295) By Finance Committee IN RE: Probate Court - 1990-1993 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 2437, CASEWORKERS AND NON-CASEWORKERS, COUNCIL 25, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, tne Finance Committee has reviewed Miscellaneous Resolution #90295 and finds: 1) This four year agreement reflects a 4.5% annual increase for the approximately 147 represented employees in 1990 and 1991; a ''me too" clause with the general increase for non-represented employees in 1992, and a salary and fringe benefit re -opener in 1943; 2) The 1990-1991 Biennial Budget for tne Probate Court anticipated a 4.5% annual increase, therefore no budget amendments are required. Moved by Calandro supported by Law the resolution be adopted. AYES: McPherson, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens, Gosling, Huntoon, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90296 By Personnel Committee IN RE: Building Safety - TRANSFER OF FUNCTIONS AND PERSONNEL To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County Executive is proposing tc consolidate the Building Safety function as a unit within the Facilities Maintenance and Operations Division; and WHEREAS the proposed restructuring involves the transfer of thirty-three positions from the Central Services Department/Building Safety Division to Facilities Maintenance and Operations Division; and WHEREAS the remaining four positions would be transferred to several other County Executive Divisions; and WHEREAS this transfer of funct -',ons results in the downward reclassification of three Building Safety positions and the deletion of one vacant Clerk III position in Facilities Maintenance and Operations; and WHEREAS this proposal includes the movement of all offices and the alarm monitoring and communication equipment of the Building Safety Division to the Public Works Building; and WHEREAS the maintenance and building security of County-owned buildings is the responsibility of the County Executive and 'ot is appropriate to retain alarm monitoring and communications functions within the County Executive divisions; and WHEREAS it is expected that the proposed transfer of Building Safety will result in greater efficiency, reduction of staff and, ultimately, lower cost; NOW THEREFORE BE IT RESOLVED that the following changes be made effective with the 1991 budget year: 1. Create a new unit within tne Facilities Maintenance and Operations Division titled Building Safety. 2. Transfer and reclassify positions in the Building Safety Division as shown in the attachment and create new classifications as shown. 3. Delete one vacant Clerk III position (1470100970) in the Facilities Maintenance and Operations Division. 4. Delete the division of Building Safety from the Central Services Department. 5. Delete the classifications of Manager-Building Safety Division, Operations Supervisor-Building Safety and Identification and Records Specialist classifications from the County Salary Schedule. Mr- Chairperson, on behalf of the Personnel Committee. I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE John P. Calancro, Chairperson FINANCE COMMITTEE G. William Caddell, Chairperson 1 433 Commissioners Minutes Continued. December 13. 1990 Fiscal Note (Misc. 90296) By Finance Committee IN RE: Building Safety - TRANSFER OF FUNCTIONS AND PERSONNEe To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C, the Finance Committee has reviewed the above referenced resolution and finds: 1) The functions and positions of the Building Safety Division will be transferred to Facilities Maintenance and Operations Division, Risk Management, Personnel, and Childrens' Village as detailed in Attachment L'effective with the 1991 Budget; 2) The transfer of functions allows for the deletion of a vacant Clerk III position in Facilities Maintenance and Operations; 3) The reapprcpriation of the 1991 Building Safety budget is detailed in Attachment 2, summarized in Attachment 3 and results in a saving of $33,040; 44 A one time cost of $17,000 to relocate equipment to the Public Works Building will be incurred by the Facilities Maintenance Fund; 5) One (1) vehicle will be reassigned to Risk Management and four (4) vehicles will be reassigned to FM&O. FINANCE COMMITTEE G. William Caddell, Chairperson Report (Misc. 90296) To Personnel Committee from Public Services Committee IN RE: Building Safety - TRANSFER OF FUNCTIONS AND PERSONNEL Mr. Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the aeove referenced suggested resolution, reports in support of the reorganization, as presented. Mr. Chairperson, on behalf of the Public Services Committee, I submit the foregoing report. PUBLIC SERVICES COMMITTEE . Richard D. Kuhn, Jr., Chairperson Report (Misc. 90296) To Personnel Committee from Planning and Building Committee IN RE: Building Safety - TRANSFER OF FUNCTIONS AND PERSCeNEe Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. , PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Moved by CalancIro supported by Ferrens the resolution be adopted. AYES: Moffitt, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson. (19) NAYS: •Gosling. Nuntoon. (21 A sufficient majority having voted therefor, the resolution was adopted. • Fiscal Report (Misc. 90297) By Finance Committee IN RE: RETIREMENT SYSTEM AMENDMENT 1990 RETIREE BENEFIT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies anc Gentlemen; The Finance Committee has reviewee Miscellaneous Resolution #90297 and finds: 1) The Personnel Committee and Retirement Commission have jointly proposed to pay retirees a one-time payment based cn an established percent of their annual retirement rate as of July 1, 1990. Retirement date One-Time Payment Rate 1967 and prior 10% of annual rate 1958-1969 9% of annual rate 1970-1972 8% of annual rate 1973-1985 2% of annual rate 1906 - June 30, 1989 1% of annual rate 21 Estimated cost will not exceed $120,000 and is avelable within Retirement Reserves. 3) No additional funding is necessary and therefore no budget amendments are reccmmended. Mr. Chairperson, on behalf of the Finance Committee. I move the acceptance of the fore- going report. FINANCE COMmITTEE G. William Caddell, Chairperson 434 . Commissioners Minutes Continued. December 13, 1990 Misc. 90297 By Personnel Coranittee IN RE: RETIRMENT SYSTEM AMENDMENT - 1990 RETIREE BENEFIT To the Oakland County Board of Commissioners • Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #88145, adopted June 9, 1968, provided the retirees from the Oakland County Employees' Retirement system with an adjustment to their benefit levels effective January 1, 1988; and WHEREAS the Board of Commissiorers periodically has reviewed and elected to grant a discretionary increase in post retirement benefits; and WHEREAS the necessary funds to cover the cost of this benefit will be provided from the Reserve for Retired Benefit payments of the Oakland County Employees Retirement System and will not require an Appropriation from the county; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby amend the Oakland County Employees' Retirement System by adding a new paragraph to Section 35 to read a follows: "Post Retirement Benefit Increases" 35.1 Retirees receiving benefits prior to July 1, 1989, and who have continually received benefits through %:uly 1, 1990, shall receive a one time payment equal to a percentage of their annual benefit as of July 1, 1990, as expressed in the following: Retirement Date Increase 1967 and Prior 10% 1968 through 1969 9t 1970 through 1972 8% 1973 through 1985 2% 1986 through 6-30-89 1% Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTSE John P. Calandro, Chairperson Moved by Calandra supported by Skarritt the resolution be adopted. AYES: Olsen, Pappageorge, Pernick, Rewold, Skarritt, Aaron, Caddell, Calandra, Crake, Ferrens, Gosling, 'Juhnson, K. :Kuhn, Law. LL.xon, McConnell, McCulloch,: McPherson, Moffitt. (19) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90298 By Planning and Building Committee IN RE: Oakland County Solid Waste Management System - Public Information and Education Program - Contract - Stone, August, Baker To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and 'Gentlemen: WHEREAS an important beginning element of the proposed Oakland County Solid Waste Management System is the provision of public information and education services to insure that all Oakland County residents, persons employed in the County's many commercial and industrial businesses, and the many governmental leaders are fully aware of the benefits of the System; and WHEREAS a Committee composed of representatives of the Planning and Building Committee, the Finance Committee and the Executive's staff have issued Requests for Proposals, have received and analyzed the proposals; have interviewed the top three firms and have recommended that the firm of Stone, August and Baker be retained to provide information and education services for the Oakland County Solid Waste . Management System; and WHEREAS a work plan and project cost estimate have been prepared, which are detailed in the attachments and proposed contract, which show that over the rext 42 months, a massive effort should be put forth at an estimated tote, cost of $1,099,400: and WHEREAS the first major steps in launching such a program involve measurement of public opinion and attitudes, following which a detailed information and education program can be developed; and during the early months of 1991, much assistance is recessary as Phase I of the Solid Waste Management System is solidified and begun (all at an estimated cost of $159,900); and WHEREAS after completion of the detailed information and education Plan, the remainder of the program will be fully developed and cest estimates for the on -going elements of the project revisede NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does herewith approve of a contract with the firm of Stone. August, and BaKer in the total amount not to exceed $159,900 for Part I (Plan Development) and Part II, Phase I (Initial System Development); and e .1 Li Commissioners Minutes Continued. December 13, 1990 BE IT FURTHER RESOLVED that additional funds for the on-going effort will be requested only after completion of Part I (Plan Development) and a presentation of the detailed results to the Planning and Building Committee and after the Planning and Building Committee and the Finance Committee make their recommendation to the full Board of Commissioners; and BE IT FINALLY RESOLVED that the Chairman of the Board ofCommissioners and the County Executive are herewith authorizec to sign the contract documents on behalf of the County. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. 435 PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Copy of Detailed Proposal on file in County Clerk's Office. Fiscal Note (Misc. 90298) By Finance Committee IN RE: OAKLAND COUNTY SOLID WASTE MANAGEMENT SYSTEM PUBLIC INFORMATION AND EDUCATION PROGRAM - CONTRACT - STONE, AUGUST, BAKER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed the above named Resolution and finds: 1) A selection committee analyzed proposals, interviewed firms and recommended Stone, August, Baker to perform information and educational services; 2) A work plan with cost estimates through June, 1994 has been developed with a total cost of $1,099,400 as described in Attachment A of the contract; 3) The contract limits efforts to $159.900 which supports Part I and Part Ii - Phase I efforts; 4) Part I scope of work is the research project to develop the program which effectively meets the county's needs and Part II Phase I is the first part of the program to support the county's "Reduce First" program and inform the citizens of the county's solid waste program; 5) The contract has been approved connisteot with the Contract/Program Review Policy; 5) Funds in the amount of 1159,900 are available in the Solid Waste Management Professional Services line item, which snould be transferred to the Educational Services line item; 7) These funds are recoverable from the sale of Solid Waste Bonds; 8) The attached contract is reeommeeded in an amount not to exceed $159,900 and the Budget is amended as follows: Number Name Amount 4-83300-101-01-00-3128 Solid Waste - Professional Services $(159,900) 4-83300-101-01-00-3324 Solid Waste - Educational Services 159,900 Total -0- FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Johnson the resolution be adopted. Moved by Aaron supeortec by Ferrens the resolution ee amended by deleting the third (3rd) WHEREAS paragraph. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Pappageorge Pernick, Price, Rewold, Skarritt, Caddell, Calandro, Crake, Ferrens, Nuntoon, Jensen, Johnson, R. Kuhn, Lunn, McConnell, Moffitt. (16; NAYS! Aaron, Gosling, Law, McCulloch, McPherson, Olsen. (6) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 90280 By Planning and Building Committee IN RE: Department of Corporation Counsel - OAKLAND COUNTY BAR ASSOCIATION LEASE AMENDMENT To the Oakland County Board of Commissioners - Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, by Miscellaneous Resolution 82074 adopted April 1, 1982, entered into a Lease Agreement with tne Oakland County Bar Association for office space on the Fifth Floor of the Courthouse Tower; and WHEREAS pursuant to Miscellaneous Resolution 87099 adopted April 30, 1987, said lease Agreement was extended for a period of five years, being from July 1, 1987 through June 30, 1992; and WHEREAS on September 10, 1950, the Bar Association relocated from the Fifth Floor to the First Floor West Wing and increased its square footage from 1,08e.0 net square feet to 2,097.0 net 436 Commissioners Minutes Continued. December 13, 1990 square feet; and WHEREAS this move accommodates the need for two additional courtrooms in the Court Tower; and WHEREAS the County Executive recommencs adoption ef .this Lease Amendment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Lease Amendment with the Oakland County Bar Association, which increases the Bar Association's leased premises from 1,086.0 net square feet to 2,097.0 net square feet, at an annual rental rate of $22,069.05 per year for 1990 and $22,271.25 per year for 1991. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute said document. Mr. Chairperson, on behalf of tne Planning and Building Committee, I move the adoption of the foregoing resolution. Copy of Amendment to l_ease Agreement on file in County Uerk's Office. Fiscal Note (Misc. 90280) By Finance Committee IN RE: Department of Corporation Counsel - Oakland County Bar Association Lease Amendment.: To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI -G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90280 and finds: 1) Per the lease agreement for the period July 1, 1987 - June 30, 1992, the Oakland County Bar Association leases 1.086 square feet at $10.50/square foot for an annual lease of 511.403. 2) The Bar Association has agreed to lease an additional 1,011 square .feet effective September 10, 1990 at $10.55/square foot for 1990 and $T0.75/square foot for 1991. 3) Lease cost for the additional space is $3,259 for the balance of 1990 and $10,868.25 for 1991, and is payable to the Facility Maintenance and Operations fund. 4) Per the Building Space Cost Allocation approved with the 1990/1991 Adopted Budget, the estimated operating cost for the above mentioned lease space in the courthouse is $33,900 for 1990. 5) Estimated operating cost for 1991 is $51,963 for 2,097 net square feet. 6) The 1990/1991 Budget fcr Facilities Maintenance and Operations will be amended as follows to recognize the variance between lease and operations costs. 1990 1991 3-63100-147-01-00-2370 Office Space Rent External Source $(19,238) $(29,692) 1-63100-455-001 Estimated Revenue 19,238 29,692 Over/(Under)/Expense -0- -0- FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Crake supported by Richard Kuhn the resolution be adopted. AYES: Pernick, Price, Rewold, Skarritt, Caddell, Calandro, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCalloch, McPherson, Moffitt, Olsen, Pappageorge. (21) NAYS: Aaren. (1) A sufficient majority having voted therefor, the resolution was adopted. Misc. 90299 By Public Services Committee IN RE: Public Service Department - EMPLOYMENT AND TRAINING DIVISION BUDGET AMENDMENT - PROGRAM YEAR 1990 Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #90161 established the Employment and Training Division's Administrative Budget for Program Year 1990, covering the period ally 1, 1990 to June 30, 1991, at $6,016,711 5 which was totally based on Job Training Partnership Act (JTPA) funds, including estimated carry forward funds and an estimated allocation of ,TPA Title I1A 6% funds; and WHEREAS final notice of allocation of JTPA funds, including final carry forward funds and Title HA 6% funds, has been received from the Michigan Department of Labor for program periods and funding sources as outlined in Attachment A; and WHEREAS the funding sources as shown in Attachment A for the total amount of $6,102,215 serve as the Program Year 1990 Fund availability, an increase of $85,604 from the estimated fund availability approved by Miscellaneous Resolution #90161, PLANNING AND BUILDING COMMITTEE Larry P. Crake, Chairperson Commissioners Minutes Continued. December 13, 1990 NOW THEREFORE aE IT RESOLVED that the JTPA program operations appropriation contingency of . the Employment and Training Division's Program Year 1990 Budget be increased from $5,162,263 by $85,604 to $5,247,867, thus increasing the Division's total Program Year 1990 budget from $6,016,711 to $6,102,315, as reflected in Attachment B. BE IT FURTHER RESOLVED that the Employment and Training Division will prepare and present a written report to the Public Services Committee on an annual basis. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Copy of attachments on file in County Clerk's office. Fiscal Note (Misc. 94299) By Finance Committee IN RE: Public Services Department - EMPLOYMENT AND TRAINING OIVISION BUDGET AMENDMENT - PROGRAM YEAR 1990 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed Miscellaneous Resolution #90299 and finds: I) The Employment and Training Division has requested to amend its 1990 Fiscal Year Budget to reflect an increase in total Title II A 78Z/6% ($191,385) and a decrease in total Title III EDWAAA ($105,781) program funds, for a total net increase of $85,604; 2) The net increase of $$5,064 is based on actual JTPA funds carried forward from PY1989 and as received from the Michigan Department of Labor, which increases the 1990 Program Year amount from $6,016,711 to $6,102,315; 31 A comparison of the amended budget to the proposed budget is included in Schedules A and El (1950 and 1991 respectively); 4) The proposed budget amendments in Schedules A and B for program year 1990-1991 . are recommended. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Rithard Kuhn supported by Jensen the resolution be adopted. AYES: Price, Rewold, Skarritt, Aaron, Caddefl, Crake, Ferrens, Gosling, Huntoun, Jensen, Johnson, R. Kuhn, Law, Luzon, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Pernick. (20) NAYS: None. (0) A sufficient majority having veted therefor, the resolution was adopted. Fiscal Report (Misc. 90300) By Finance Committee IN RE: Probate Court - OAKLAND COUNTY CHILD CARE BUDGET 1990 - 1991 To the Oakland County Board of Commiseioners Mr, Chairperson, Ladies and Gentlemen: The Finance Committee having reviewed Miscellaneous Resolution #90300 reports as follows: 1) The Child Care Fund application covers the period October 1, 1990 through September 30, 1991, and is necessary for the County to be eligible for Cnild Care Fund reimbursement. 2). The figures erovided are estimates based on current available data and may not reflect the eventual adopted budget and/or actual expenditures for the program. 3) The application reflects $13,681,370 in gross expenditures and $2,346,507 in offsetting revenues, with net expencitures estimated at $11,334,863. 4) Indications by the State are that the 1990/1991 Child Care Fund expenditure cap will be $7,913,854 (of which the County receives 50%), the same amount as the 1989/1990 cap. 5) Should the application be approved by the State as submitted, Oakland County will exceed the cap by $3,421,009, resulting in an effective reimbursement rate of 34.91%. 8) Submittal of this application will not affect our lawsuit regarding the Child Care fund cap. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing report. FINANCE COMMITTEE G. William Caddell, Chairperson Mise. 90300 By Public Services Committee IN RE: Probate Court - REVISED 0, C. CHILD CARE FUND BUDGET FOR 1990-91 To the Oakland County Board of Comeissioners Mr. Chairperson, Ladies and Gentlemen! WHEREAS pursuant to provisions of Act 280 of the Public Acts of 1975, as amended, Oakland County is required to develop and submit a plan and budget for the provision of funding of fester care services to the Office of Children and youth Services. Department of Social Services, annually; and 437 PUBLIC SERVICES COMMITTEE Richard C. Kuhn, Jr., Chairperson 438 Commissioners Minutes Continued. December 13, 1990 WHEREAS the proposed Child Care Fund Budget, signed by Chairperson Rewold and submitted to the Office on August 30, 1990, was found deficient by the Office because the signature of the director, Oakland County Department of Social Services, was not included; and WHEREAS the Oakland County Probate Court, County . of Oakland, and the Oakland County Department of Social Services have developed the revised foster care services budget for the State's fiscal year, October 1, 1990 through September 30, 1991 (attacned) and it contains the signature of the Chief Probate Judge and the Director, Oakland County Department of Social Services; and WHEREAS the Public Services Committee has reviewed this budget and recommends its submission to the State Office; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes submission of the 1990-91 Oakland County Child Care Fund Budget to tie State Office of Children and Youth Services, Department of Social Services. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners be authorized to sign said budget. Mr. Chairperson, on behalf of the Public Services Committee, I wove the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kunn, Jr., Chairperson Copy of attachments to the resolution, on file in County Clerk's Office. Moved by Richard Kuhn supported by Huntoon the resolution be adopted. AYES: Rewold, Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens, Gosling, Huntoon, Jensen', Johnson, R. Kuhn, Law, Luxon, McConnell, Moffitt, Olsen, Pappageorge, Pernick, Price. (20) NAYS: None. (0) A sufficient majority having votsd therefor, the resolution was adopted. Misc. 90301 By Public Services Committee IN RE: Probate Court - 1991 SKILLMAN FOUNDATION GRANT ACCEPTANCE To the Oakland County Board of Comwissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105. the Probate Court applied to the Skillman Foundation for $100,150 in grant funds for the calendar year 1991 the application Was subsequently amended to $148,55; and WHEREAS the Skillman Foundation has awarded the Oakland County Probate Court $41,000 in grant funds for the same time period; and WHEREAS these funds are desienated for the continuation of one (1) Child Welfare Worker position to assist in volunteer recruitnent, this position requires the approval of the Personnel Committee; and WHEREAS the Office of Corporation Counsel has reviewed the grant agreement and approved it as to legal sufficiency; and WHEREAS acceptance of this grant does not obligate the County to any future commitments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the 1991 Skillman Foundation Grant in the amount of $41,000. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute said grant agreement and to approve minor changes or extensions up to fifteen (15) percent variance, which are consistent with the grant as originally approved. BE IT FURTHER RESOLVED that one (1) special revenue funded Child Welfare Worker II position be continued in the Probate Court, Field Services Division, Youth Assistance Unit (#347-12 -01216), and that should grant funding end, this position be deleted. Mr. Chairperson, on behalf of the Public Services Committee. I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kunn, Jr., Chairperson Fiscal Note (Misc. 90301) By Finance Committee IN RE; Probate Court - 1991 SKILLMAN FOUNDATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution 090301 and finds: 11 The Probate Court applied to The Skillman Foundation for $148,550 in grant funds for calendar year 1991; 21 The Skillman Foundation has awarded the Oakland County ProbateCourn$41,000 in grant funds for the same time period, the funds designated for one (I) Child Welfare Worker position, which requires approval of the Personnel Committee; 31 The 1991 Budget includes ¶75,00G in revenue and expenses, therefore, the following Commissioners Minutes Continued. December 13, 1990 439 amendments are recommended. Revenue Expenses Skillman Trust $ {34,000) 3-70580-347-12-00-2340 Salaries Fringe Benefit Special Projects 4-70580-347-12-00-1001 4-70580-347-12-00-2070 4-705B0-347-12-00-3704 • $ 28,500 12,500 (75,000) $ r34,000) $ -0- FINANCE COMMIT= G. William Caddell, Chairperson Moved by Richard Kuhn supported by Runtoon the resolution be adopted. MES: Rewold, Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, leixon, McConnell, Moffitt, Olsen, Papageorge, Pernick, Price. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc, 90281 • By Public Services Committee IN RE: RADIO COMMUNICATIONS - AeTNORIZATION FOR SELECTION OF VENDOR TO DESIGN, CONSTRUCT ANO IMPLEMENT AN 800 MHz COUNTY-WIDE COMMUNICATION SYSTEM To the Oakland County Board of Commissiorers Mr. Chairperson, Ladies and Gentlemen: WHEREAS the present county radio communications system is plagued with problems including: inadequate coverage, overcrowded channels forcing the County into three unauthorized usages of existing frequencies, worn and obsolete equipment, "skip difficulties and high-risk exposure; and WHEREAS additional channels in the frequency ranges presently used by the County are not available in the Detroit area and are unlieely to become available in the foreseeable future; nor is there any suarantee that the Federal Communications Commission (FCC) would assign such frequencies to Oakland County if they become available; and WHEREAS the County, on three separate occasions in the past, has studied these problems and recommended the Complete replacement of the County system with an 800 MHz trunking system, County Executive/Sheriff's Proposal, dated August 31, 1987; County Executive/Sheriff's Proposal dated January 19, 1988; and Sheriff's Department/Commissioners' Program Evaluation Proposal dated August 4, 1958; and WHEREAS the County Executive, in anticipation of this situation, acquired a license for ten 800 MHz channels from the FCC which license has been extended twice and is now overdue for action by the County of Oakland; and WHEREAS the County Board of Coemissioners, on Miscellaneous Resolution 89135, dated May 25, 1989, and 89349, dated December 14, 1989, created a Radio Communications Oversight Committee and authorized such committee to hire an independent consultant to conduct a complete needs study, to recommend the appropriate solution to the radio communications problems, to prepare a "request for proposal," to solicit proposals from vendors, to analyze such propoeals and recommend a contract award; and WHEREAS the consultant, RAM Communication Consultants, Inc. after analyzing various possible options, has concluded that the 800 MHz trunked system is the only feasible solution to the County's radio communications problems. WHEREAS the Radio Communications Oversite Committee has reviewed the consultant's report, obtained input from various user departments and inspected other counties communication systems, and concurs in the consultant's conclusioe that the 800 Viiz trunkine system is the appropriate solution te the County's short and long-term radio communication needs; and WHEREAS two vendor proposals were received, one from Motorola for an 8-antenna site system and another from Ericsson-General Electric for a 4-antenna site system; and WHEREAS after considerable review and analysis of each venOor proposal, the consultant and the Radio Commueications Committee nave determined that tie Motorola proposal best meets the County's current and long-range needs and is the "best buy' on a system component basis, and further recoemends an award of contract to Motorola. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners concurs in the acquisition of the 800 MHz truneing tecnnology for a -county-wide radio communications system serving all county departments and agencies; and BE IT FURTHER RESDUED that the County Executive is authorized to enter into a contract with Motorola for the construction of an 8-site, 800 MHz system and for the purchase of all related equipment for a sum not to exceed $5,846,602.50. BE IT FURTHER RESOLVED that the Oakland County Beard of Commissioners authorizes the Radio Communications Committee to employ a consultant to assist in the preparation of the contract and acceptance test procedures and to regatiate with the selected vencor. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson 440 Commissioners Minutes Continued. December 13, 1990 Fiscal Note (Misc. 90281) By Finance Committee IN RE: RADIO COMMUNICATIONS - AUTHORIZATION FOR SELECTION OF VENDOR TO DESIGN, CONSTRUCT AND IMPLEMENT AN 800 MHz COUNTY-WIDE COMMUNICATION SYSTEM • To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-0 of this Board, the Finance Committee has reviewed Miscellaneous Resolution #90281 and finds: 1) The proposed Miscellaneous Resolution to replace equipment and upgrade the county radio system will cost an additional $752,559 annually. 2) The Radio Communications Fund Budget will be increased by $752,559 for 1991 with funds coming from the 1991 General Fund Contingency. 3) Cost to employ a consultant to assist in the nreparation of the contract, acceptance test procedures and negotiation with selected vendor is estimated at $100,000 with funding of this contract and $60,000 for construction contingency be authorized from the 1991 General Fund Contingency. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Richard Kuhn supported by Crake the resolution be adopted, AYES: Skarritt, Aaron, Caddell, Calandro, Crake, Ferrens„ Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. W90302 By Commissioner Chairperson, Roy Rewold IN RE: SOLID WASTE MANAGEMENT SXSTEM REVISED INTERGOVERNMENTAL AGREEMENTS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution W90229, the Board of Commissioners directed the Solid Waste Finance Team to revise the Oakland County Intergovernmental Agreements (IGAs) for the Solid Waste Management System to provide for phasing of System implementation as outlined in detail in the resolution; and WHEREAS the Finance Team was directed to return the revised documents to the full Board of Commissioners upon completion of the necessary revisions; and WHEREAS the Finance Team has recommended revised Intergovernmental Agreement language as contained in the Draft IGA dated 11/19/90, as contained in the SOMA Draft IGA dated 11/19/90, and as contained in the Pontiac Draft ICA dated 11/19/90; all as outlined in the Finance Team Communication dated November 29, 1990. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the three IGA documents bearing a draft date of 11/19/90 in substantially the form presented to this meeting and authorizes . the County Executive to distribute tne IGAs to Oakland .County's municipalities for their review, consideration and approval. BE IT FURTHER RESOLVLED, that the County Executive and the Chairman of the Board of Commissioners are hereby authorized to sign the IGAs in substantially the form approved after approval by each participating municipality. Mr. Chairperson, I move the adoption of the foregoing resolution. Roy Rewold, Commissioner, District #15 Moved by Rewold supported by Moffitt the resolution be adopted, AYES: Aaron, Caddell, Calandra Crake. Ferrens, Huntoon, Jensen, Johnson, R. Kuhn, Luxon, McConnell, Moffitt; Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt. OB) NAYS: Gosling, Law. (2) A sufficient majority having voted therefor, the resolution was adopted. In Accordance with Rule XXII, the following referrals were made by the Chairperson: GENERA'. GOVERNMENT a. Community Mental Health - Staffing PLANNING & BUILDING a. City of Lathrup Village - (Support) Reopening of SOCRRA Incinerator LYNN D. ALLEN Clerk ROY REWOLD Chairperson 441 Commissioners Minutes Continued. :!..,..ember 13, 1990 PUBLIC SERVICES a. Dept. of Social Services - Children's Village Complaint C.I. #63-13-17-90 b. Dept. of Social Services - Children's Village Complaint C.I. #63-13-18-90 c. Dept. of Social Services - Children's Village Complaint C.I. #63-13-19-90 OTHERS Management & Budget • a. Equalization - Ind. Fac. Ex., 5Z SEV Excess, Chrysler Corporation, Auburn Hills b. Equalization - Ind. Fac. Ex., 51 SEV Excess, Higbie Baylock, Village of Leonard c. Equalization - Ind. Fac. Ex., 5% SEV Excess, Cnrysler Corporation, Auburn Hills There were no objections to the referrals. The Chairperson annourced the next meeting of the Board will be January 3, 1951 at 5:00 P.M. The Board adjourned at 1:48 P.M. Sine Die. 1 9 9 0 INDEX. RESOLUTION NO. 90238 Addison Oaks Park - Acquisition Grant 344 90012 Adult Day Program - Create Training Leader Position 16-17-54-55 90290 AIDS Counseling and Testing Program Grant Acceptance 425-426 AIRPORT 90207 Capital Improvement Program 307-308 Committee Appointments 6 90135 Oakland/Pontiac - Detroit Edison/Consumers Power Easement. .165-166 Oakland/Pontiac - Grant Allocation with Federal Aviation Administration 269-270 Oakland/Pontiac - Michigan Aeronautics Commission Grant Program 270-271 90085 Oakland/Pontiac - Treasury Loan Approval 111-112 • 90236 Alcoholic Beverages - Ban Use on County Facilities 340-341 American Business Womens' Association - Commendation 313 ANIMAL CONTROL 90175 Center Reroofing - Authorization to Receive Bids 260-261 90256 Center Reroofing - Award Contract 380-381 90040 Municipalities Rates for Boarding and Disposal 52-53-78-79 90251 Anti-Drug Abuse Grant Acceptance 375-376 APPOINTMENTS Airport Committee 6 Area Agency on Aging 6 Building Authority 6-335 Commissioners, Board of - Standing Committees 5-6 Committee to Assist Counsel with Negotiations with Orion Township Community Corrections Advisory Board Community Development Citizens Advisory Council Community Mental Health Board Coordinating Zoning Committee Cultural Council Economic Development Corporation Director Election Scheduling Committee Emergency Medical Services Council (OAKEMS) General Government Committee Job Evaluation Review Panel Lake Boards Library Board Parks and Recreation Commission Personnel Appeal Board Retirement Commission Sanitary Code Appeal Board Solid Waste Planning Committee Solid Waste Recycling Committee Southeastern Michigan Council of Governments Veterans Trust Fund Youth Assistance Advisory Council PAGE 90181 90182 312 84 110 6-102 6-114 59 85 6 96 3-5 319 8-59-96-176 292 6 3 6 ..55-56 154-155 • 6 2 • 33 nm• 1 RESOLUTION NO. 90002 90009-90293 90011 90061-90090 90007-90064- 90287-90288 PAGE Arab/Chaldean Program Enhancement Acceptance (CMH) 9-10 Area Agency on Aging Appointments 6 Area Development Offices Grant - Acceptance 14-15-427-428 Auburn Hills - Approve Option to Purchase Additional Acreage at Solid Waste Facility Site 15-16 Auburn Hills - Quit Claim of Easement for Sanitary Sewer.-89-90-119 Automobile Theft Prevention Authority Grant 13-91-100-101-102-423-424 - B - 90160 Baldwin Avenue Human Services Center - Contract for Homeless 250 90280 Bar Association Lease Agreement 405-406-435-436 90171 Bassett and Bassett - Professional Services Agreement 258-259 90030 Bicycle Helmet Project Acceptance - 37 BOARD OF COMMISSIONERS 90171 'Bassett & Bassett - Professional Services Agreement 258-259 Chairperson, Permanent - Roy Rewold Elected 2 Chairperson, Temporary - Lawrence Pernick Elected 1 Chairperson, Vice - Nancy McConnell Elected 2 District #4 - Donna R. Huntoon Appointment 6-7 Executive Session Called for Discussion of Pending Litigation. 289 90106 Labor Agreement for Staff 134 90043 Law Library Position - Reclassified and New Position Created.. .-56-79-80 90164 Rules (Amendment Regarding Purchase of Property) 253-254 BONDING 90013 Caddell Drain Refunding Bonds - Full Faith and Credit 17-42-43 90027 - Computer Center - Award Contract (Bonding of $10,250,000)....34-35 90014 North Huron Valley/Rouge Valley Wastewater Control System... 17-18-19-20-21-22 Solid Waste Program Funding 146-147-179-180 "Boot Camp" - Regimented Inmate Discipline Program 304-325-326 Budget Division - Request for Advance Office System (AOS) 274 BUDGET 90058 1989 - Year End Report and Budget Amendments 85-86 90024 1990 - County Clerk Satellite Operation - Budget Amendment.. 31-32 90286 1990 - Third Quarter Forecast and Budget Amendments 423 90284 1991 - Budget and General Appropriations Act 414-415-416-417-418-419-420-421-422 1991 - Budget Amendments: Mental Health - Contingency for Respite Care Salary Increases: Board of Commissioners Flat Rate Salary Increases: Elected Officials Salary Increases: General Increases Nurses and Sr. Psychologist Sheriff Department - Transfer Positions Approved 1991 - Proposed Budget Public Hearing Building Authority Appointments 6-7-335 90053 Building Authority— Approve Contract for Computer Center 76-77 90196 Building Safety Attendants - Labor Agreement 294-318-319 90122-90123 90204 90187 421-422 421 420 419-420 420-421 ....421 400-413 2 90234 90233 90063-90100 90216 90041 90070 90201 90112 RESOLUTION NO. 90134 90296 90133-90263 PAGE Building Safety - Interface with Existing Alarm and Card Access Security System 165-198-199 Building Safety - Transfer Functions to Facilities and Operations. 432-433 Building Safety - Transfer Functions to Facilities and Operations- Public Hearing Held 414 Bunny Run Lake - Advance Funds for Lake Level Project 164-165-295-296-389-390 -C - 90013 90272 90207 90295 90169 90172 90018 90202-90300 90176 90125 90177 90143-90267 90074 90137 90143-90267 90255 90041 Caddell Drain Refunding Bonds - Full Faith and Credit 17-42-43 Camp Oakland Youth Programs - Per Diem Rates Changed - Contract Amended 396-397-408-409 Capital Improvement Program for Airport (1990) - 307-308 Caseworkers and Non-Caseworkers Labor Agreement 431-432 CETA Audit Legal Expense - Budget 257-258 Chamberlain House Program Enhancement Acceptance (CMH) 259 . Chase Lake (Rose Township) Lake Name Change 29-75-76 Child Care Budget (1990-1991) 302-303-437-438 Children's Village - Waterford School District Agreement. .262-263-264. Cigarette Vending Machines - Ban on County Property.......148 -335-349 CIRCUIT COURT Mediation 264-286-287 Probation - Technical Assistance Funding - Acceptance 181-392 Reimbursement - Create Two Positions 102-116-117 Remodeling for New Judgeships Court Sites - Authorization to Receive Bids 166-167 State of the Court Message by Judge Steven Andrews 9 Technical Assistance Funding (Probation) 181-392 Clerk/Register of Deeds - Reformat Tract Index Microfilm Records. 379-380 Commercial Assistance Program Funds (CAP) Proposed Resolution to Transfer 53-54 Community Corrections Advisory Board - Appointment 84 COMMUNITY DEVELOPMENT Advisory Committee Appointment 110 Block Grant Program - Procedure for Reallocation of Recaptured Funds 339-340 Block Grant Program - Procedure for Recapture of Funds 338-339 Block Grant Summary -Proposed Activitie'. 90-91-127 Budget Amendment (1990-1991) 317 Commercial Assistance Program Funds (CAP) Proposed Resolution to Transfer 53-54 Emergency Shelter Grant Acceptance for Homeless Shelters 97 Home Improvement Program Guidelines Changes 302 Oakland Livingston Human Services Agency-Weatherization and Energy Conservation 139 3 RESOLUTION NO. • PAGE COMMUNITY DEVELOPMENT (Continued) 90101 Rental Rehabilitation - Grant Program Acceptance (HUD) 128 90165 Residential Oversight - Contract with United Way of Pontiac.. 254-299-300-301 90160 Shelter Contracts with SOS, Baldwin Avenue Center, HAVEN and PATH 250 COMMUNITY MENTAL HEALTH 90012 Adult Day Program - Create Training Leader Position... .16-17-54-55 90002 Arab/Chaldean Program Enhancement Acceptance 9-10 Board Appointments ' 6-102' 90088 Cambridge House - Transfer of Control 114-115-131-132 90172 Chamberlain House Program Enhancement Acceptance 259 90243 Geriatric Outpatient Services Expansion 347-348-349 90105 Independence Program Placement - Specialized Support 132-133-157-158 90163 McKinney Homeless Assistance Project Grant Renewal and ' Expansion 252-253 90045 Program Year Budget Adjustment 59' 90105 Supported Independence Program Placement 132-133-157-158 90087 Transfer State Control of Supportive Employment Placement... - 114-130-131 90139 Compost Implementation - Fall 1990 (Solid Waste) 167-168 90217 Comprehensive Planning, Budgeting and Contracting (CPBC) - Acceptance 317-318 90053 Computer Center - Approve Contract with Oakland County Building Authority 76-77 90027 Computer Center - Award Contract 34-35 • COMPUTER SERVICES • 90097 Appropriation Transfer - First Quarter 125-126 90003 Appropriation Transfer - Fourth Quarter 10-11 90186 Appropriation Transfer - Second Quarter 273-274 90265 Appropriation Transfer - Third Quarter 391 90057 In-Car Terminal Budget Expansion 85 . 90266 Processor Replacement Plan 391-392 • 90099 -Reference Library - Automated Circulation ' 126-127 90173 Solid Waste Management Office Automation 259-260 90032 Cooperative Reimbursement Program Contract - Friend of the Court. 38-39 90033 Cooperative Reimbursement Program Contract - Prosecuting Attorney 39 Coordinating Zoning Committee Appointments 6-114 CORPORATION COUNSEL 90169 CETA Audit Legal Expense - Budget Amendment 257-258 90257 Margiotta v Kosik et al - Appointment of Counsel 381-387-388 90170- Orion Township v Oakland County Board of Commissioners - Appoint Counsel 258 4 RESOLUTION NO. CORPORATION COUNSEL (Real Estate) ' 90061-90090 Auburn Hills - Quit Claim of Easement for Sanitary Sewer.89-90-119' 90051 Farmington Hills - Quit Claim of Permanent Easement. Kendallwood Arm of Farmington Interceptor 73 90200 Milford Village - Convey County Owned Property (Hathorns Addition) for Road Purpose 299-336-337 90135 Oakland/Pontiac Airport - Easement for Consumers Power and Detroit Edison 165-166 90050 Parks and Recreation - Purchase Property Adjacent to Administration Building 72-73-88 90232 Parks and Recreation - Purchase Property 2880 Watkins Lake Road, Pontiac 337-352-353 90218 Southfield - Exchange of County Property 319-320 90259 Wixom SOS - Extension #2 Wastewater Treatment Plant - Easement for Consumers Power Co 383 90048 County Clerk - Purchase Imagelink Microfilm Equipment 70-71 90024 County Clerk Satellite Operation - Budget Amendment 31-32 90025 County Lobbying Policy 32 COURTHOUSE 90071 Addition - Award Architectural Contract for Design 97-98 Building Project Update 59 90137 Circuit Court Remodeling - Authorization to Receive Bids.. .166-167 90194 Circuit Court Remodeling - Award Contract 293 90019 Security Survey 30-74-75 Cultural Council - Appointments 59 90252 Cultural Council - Michigan Council of the Arts - 1991/1992 Grant Acceptance 377-385-386 - D - 90265 Data Processing Development Appropriation Transfer 391 Democratic Caucus Presentation "Build for Tomorrow ., 85 90028 Department of Natural Resources - Solid Waste Management Reimbursement Agreement and Acceptance by Oakland County 35-36 90199 Detroit Country Day Project - EDC - Appoint Directors 298-299 90198 Detroit Country Day School Project - EDC - Approve Project... 297-298 90282 Detroit - Object to Negative Portrayal on T.V 410-411 DISTRIa COURT 90114 52nd - Create Positions and Increase Funding for Magistrate and Electronic Operator Positions 140-141-172-173-174 90017 52/2 - Addendum to Lease 29-40-41 90111 Probation - Request Positions 138-139-168-169-287-288-289 DRAIN COMMISSIONER 90013 Caddell Drain Refunding Bonds - Full Faith and Credit 17-42-43 90060 Civil Engineer III Position Created 87-88 90197 Construction Inspector I and II - Position Created 296-297 PAGE 5 RESOLUTION NO. PAGE DRAIN COMMISSIONER (Continued) 90174 Deputy Drain Commissioner - Appointment 260-280-281 90110 Engineering Section - Reorganization 137-138 90159-90248 Evergreen-Farmington S.M. Pollution Control - Amy Relief Sewer, Amendment 1 247-248-249-250-360-361-362-363-364 90153-90247 Evergreen-Farmington S.D.S. Pollution Control-Lathrup Village Ext. I 207-208-209-21 0-211-21 2-213-355-356-357-358-359-360 90154 Evergreen Farmington S.D.S. Pollution Control - Local Relief Sewers (Troy) 214-215-216-217-218-219 90249 Evergreen-Farmington S.D.S. Pollution Control - Permanent Meter Installation and Interceptor Rehabilitation Improvements 364-365-366-367-368-369 90158 Evergreen-Farmington S.D.S. Pollution Control - Segment I- Stage II, Segment II Arm J and K....240-241-242-243-244-245-246 90250 Evergreen-Farmington S.O.S. Pollution Control - Segment I and II Improvements 369-370-371-372-373-374 90152 Evergreen-Farmington S.D.S. Pollution Control - Segment II- ' Arm C - Rehabilitation Improvements 200-201-202-203-204-205-206-207 90155 Evergreen-Farmington S.D.S. Pollution Control- Segment II, Arm D (Farmington Hills) 219-220-221-222-223-224-225-226 90156 Evergreen-Farmington S.D.S. Pollution Control- Segment II - Stage 3 226-227-228-229-230-231-232 90157 Evergreen-Farmington S.D.S. Pollution Control - Segment II, Stage 5, Stage B 233-234-235-236-237-238-239 90036-90147 Huron-Rouge Sewage Disposal System - Walled Lake-Novi Treatment Plant - Amend Enlargement Contract 49-50-51-185-166-187-188-189-190 90246 Jensen Drain Bonds - Full Faith and Credit 355 90109 Johnson Drain Bonds - Full Faith and Credit 136-137 90223 Lake Level Assessment Report 323-374-375 90222 Maintenance Assessment Report for 1990 .322-323-374 90148 North Huron Valley/Rouge Valley Wastewater Control System- Authorize Financing 190-191 90014 North Huron Valley/Rouge Valley Wastewater Control System Bonds 17-18-19-20-21-22 90190 Orchard Lake Village Sanitary Sewage Collection and Disposal- Authorization to Issue Bonds 281-282-283-284-285 90015 Orchard Lake Village Sanitary Sewage Collection and Disposal System Contract 22-23-24-25 -26-27-28-43-44-45-46-47-48-49 90242 Revolving Funds Consolidation 347 90026-90262 Vehicles - Two Additional 34-389 90132 Waterford Water System Extension No. 9 162-163-164 90149 West Bloomfield Water Supply System Section XIII - Establish - System and Approve Contract 191-192-193-194-195-196 Duck Lake Board (West Bloomfield) Appointment 59 6 RESOLUTION NO. -E- ECONOMIC DEVELOPMENT 90009-90293 Area Development Offices Grant 14-15-427-428 90198 • Detroit Country Day School Project - Appoint Directors 297-298 90199-90224 Detroit Country Day School Project - Approve 298-299-323-324 Detroit Country Day School Project - Public Hearing 310 Directors Appointed 85 90076 Pontiac Osteopathic Hospital Nursing Home Project - Approve Project Plan 103-104 Pontiac Osteopathic Hospital Nursing Home Project - Public Hearing 33-59 90031-90292 Small Business Development Center Grant Acceptance 37-38-427 90038 • TiodizeiMichigan, Inc. Project (City of Wixom) Directors 51-52 90037 Tiodize/Michigan, Inc. Project (City of Wixom) Approve Area and District 51 Election Scheduling Committee Appointments 6 *. 90044 Emergency Communication System on 1-696 56-57 EMERGENCY MEDICAL SERVICES (EMS) Emergency Medical Services Council - Appointments 3-5 90098 SARA (Superfund Amendments and Reauthorization Acts) Title III Plan Development 126 90119 • Tornado Warning System Expansion 90271 Tornado Warning System Expansion PAGE - Highland Township.. .144-169-170 - Oakland University 395-396-407-408 90270 Tornado Warning System Expansion - South Lyon City 395-406-407 90070 Emergency Shelter - Grant Acceptance for Homeless 97 EMPLOYMENT. AND TRAINING 90299" • 5udget Amendment - Program Year 1990 436-437 90161 • Budget - Program Year 1990 251-264-265 90129 . Environmental Health Services - Reimbursement Agreement to Michigan Department of Social Services Licensed Facilities 156 EQUALIZATION . 90215 Legal Fees 316-317 90214 Michigan Tax Tribunal Consent Judgement Between GM and Orion Township 316 90083 ' 1990 Rates 110-111 90084 . State Board Hearing Appointments 111 89323 -90244 Ethics Code- County Employees Standard of Conduct 350= 351-352 90249 Evergreen Fz..rmrton S.D,S. Permanent Meters. .364-365-3667367-368-S69 90159-90248 Evergreen-Farmington S.D.S. Pollution Control - Amy Relief Sewer, Amendment I 247-248-249-250-360-361-362-363-364 90153-90247 Evergreen-Farmington S.D.S. Pollution Control - Lathrup Village Ext. 1 207-208-209-210-211-212-213-355-356-357-358-359-360 90154 Evergreen-Farmington S.D.S. Pollution Control - Local Relief Sewers (Troy) 214-215-216-217-218-219 90250 Evergreen-Farmington S.D.S. Pollution Control - Segment I and II - Authorize Issuance of Bonds 369-370-371-372-373-374 7 RESOLUTION NO. 90158 Evergreen-Farmington S.D.S. Pollution Control - Segment I - Stage II, Segment II Arms J and K 240-241-242-243-244-245-246 90152 . Evergreen-Farmington S.D.S. Pollution Control - Segment II-Arm C Rehabilitation Improvements 200-201-202-203-204-205-206-207 90155 Evergreen-Farmington S.D.S. Pollution Control - Segment II, Arm D. (Farmington Hills) 219-220-221-222-223-224-225-226 90156 Evergreen-Farmington S.D.S. Pollution Control - Segment II- Stage 3 226-227-228-229-230-231-232 90157 Evergreen-Farmington S.D.S. Pollution Control - Segment II, Stage 5, Stage B 233-234-235-236-237-238-239 90294 Executive Office Building - Authorization of Funds for Reroofing 428-429 - F - FACILITIES AND ENGINEERING , 90256 Animal Control and Youth Activities Center - Award Reroofing Contract 380-381 90027 Computer Center Contract - Award 34-35 90071 Courthouse Addition - Award Architectural Contract for Design.. 97-98 " 90194 Courthouse Remodeling - Award Contract (Two Courtrooms) 293 90294 Executive Office Building - Authorization to Fund Reroofing.. .428-429 90212 Grounds Storage Pole Barn - Award Contract 314 , 90184 ' Marine Storage Building Floor Slab - Award Contract 272-273 90213 Materials Management Center Parking Lot Reconstruction - Award Contract 315 , 90102 Materials Management Contract Award 128-129 90183 Springfield-Oaks Youth Activities Center - Improvements 271-272 . 90256 Springfield Oaks Youth Activities Center - Reroofing Contract Awarded 380-381 ' 90096 Vehicle Impound Yard at Trusty Camp - Award Contract 124-125 , 90103 Work Release Facility Parking Lot Paving - Award Contract 129-130 90067 Farmington Hills - 1 -696 - Construction of Noise Barrier on M-DOT 94 90052 Farmington Hills - Quit claim of Permanent Easement, Kendallwood •Arm of Farmington Interceptor 73 90205 . Forensic Pathologist Classification and Position Created 304-305-326-327 FRIEND OF THE COURT . 90032 Cooperative Reimbursement Program Contract Award 38-39 . 90241 Voice Response Unit 346-347 -0- 90285 Gallagher Bassett Contract Addendum (Liability Insurance) 422 90276 Garage, Central - Replace Underground Storage Tanks 401 ' 90243 Geriatric Outpatient Services Expansion 347-348-349 90073 Grand Jury Budget Appropriation 98-99 90004 Grants (Federal, State and Private) Policy for Maintaining Funding... .11 90079 . Grounds Storage Building - Authorization to Receive Bids 106 90212 Grounds Storage Pole Barn - Award Contract 314 90219 Oroveland Oaks - Purchase Property Adjacent to Park 320-354 PAGE 8 90200 90160 90029 • 90195 90290 90188 90030 90217 90129 90029 90142 90167-90277 90279 90030 90279 90127 90289 90269 90104 90264 90142 90230 90178 90291 90128 90119 90278 90160 90070 90162 90206 90201 90101 90036-90147 PAGE RESOLUTION O. - H Hathorns Addition (Village of Milford) - Convey Lot 14 for Road Purposes 299 HAVEN - Shelter Contract 250 Hazardous Waste Reimbursement Agreement - Acceptance 36-37 HEALTH DIVISION Advanced Office System Request 294 AIDS Counseling and Testing Program - Grant Acceptance 425-426 Audit - Financial and Compliance 275 Bicycle helmet Project Acceptance 37 Comprehensive Planning, Budgeting and Contracting (CPBC)- . Acceptance 317-318 Environmental Health Services - Reimbursement Agreement - Michigan Department of Social Services Licensed Facilities. .156 Hazardous Waste Reimbursement Agreement Acceptance 36-37 HIV Seroprevalence Survey Grant Acceptance 180-181 Indigent Health Care Costs (Social Services) 255 -278-279-402 MOSS Facility Inspections - Addition to Fee Schedule 404-431 37 Michigan Bicycle Helmet Project Acceptance Michigan Department of Social Services Fee Schedule for • Inspectors Michigan Health Initiative Grant Acceptance Mobile Home Park Inspection Agreement Acceptance Nurses (Public Health) Labor Agreement Premarital Counseling Regarding HIV (AIDS) and Sexually Transmitted Disease Radon In-School Survey Reimbursement Agreement Seroprevalence Survey Grant Acceptance Substance Abuse Grant Acceptance Substance Abuse Grant Amendment TB Outreach Grant Acceptance Venereal Disease Reimbursement Agreement Acceptance 132 404-431 155 425 393-404-405 390 180-181 334-335 265-266 —425 155-156 Highland Township - Tornado Warning System Expansion 144-169-170 Highway Systems - Intelligent Vehicle 402-403-429-430 Homeless Assistance - Contracts with SOS, Baldwin Avenue Shelter, HAVEN and PATH 250 Homeless - Emergency Shelter Grant Acceptance 97 House Bill 5707 (Conditional Support) Provide Payment by State to Local Units of Government for Police Service 251 House Bill 5890 (Support with Amendments) - Tire Burning Resource Recovery Facility • 306-307 HUD - Home Improvement Program Guideline Changes 302 HUD - Rental Rehabilitation Grant Program Acceptance 128 Huntoon, Donna R. - Appointed District #4 Commissioner 6-7 Huron-Rouge Sewage Disposal System Walled Lake-Novi - Amend Enlargement Contract 49-50-51-185-186-187-188-189-190 RESOLUTION NO. PAGE -1 - 90048 Imagelink Microfilm Equipment Purchase for County Clerk Office. .70-71 90059 Imprest Cash for On-Line Jury Payment System 86 90057 In-Car Terminal Budget Expansion 85 90056 Incinerators - Prohibit Placing Within 30 Miles of One Another. .82-83 90105 Independence Program Placement (CMH). 132-133-157-158 90167-90277 Indigent Health Care Costs (Social Services) 255-278-279-402 90204 Inmate Regimented Discipline Program (Boot Camp) 304-325-326 90203 Inmate Services Substance Abuse Coordinator Project Grant.... 303-304-327-328-329 INSTITUTIONAL AND HUMAN SERVICES 90012 Community Mental Health - Adult Day Program - Position Created. 16-17-54-55 90172 Community Mental Health - Chamberlain House Program . Enhancement Acceptance 259 . 90045 Community Mental Health Program Year Budget Adjustment 59 90029 Health Division - Hazardous Waste Reimbursement Agreement... .36-37 90030 Health Division - Michigan Bicycle Helmet Project Acceptance... .37 90189 Medical Care Facility - Create and Delete Positions... 278-3053.O6 90012 Training Leader Position for Adult Day Program 16-17-54-55 90278 Intelligent Vehicle Highway Systems 402-403-429-430 90035 Investment Banking Team for Financing Solid Waste Disposal System Designated 41-42 .90044 1-696 Support Installation of Emergency Communication System... 56-57 90067 1-696 Construction of Noise Barrier by NI-DOT (Farmington Hills 94 - J - 90204 Jail Inmates - Regimented Discipline Program (AKA Boot Camp)... 304-325-326 90210 Jail Inmates - Study Feasibility of Real Work for Real Pay... .309-310 90246 Jensen Drain - Drain Bonds - Full Faith and Credit 355 Job Evaluation Review Panel Appointments 319 90109 Johnson Drain - Full Faith and Credit Bond Resolution 136-137 90193 JTPA (Job Training Partnership Act) Alumni Week 290 JTPA (Job Training Partnership Act) - Awards Presentation 293 90059 Jury Payment System - Increase in General Fund Imprest Cash 86 - L - LABOR AGREEMENTS 90106 Board of Commissioners Staff - Contract 134 90295 Caseworkers and Non-Caseworkers (Probate Court) 431-432 90269 Nurses Association 393-404-405 90196 Police - Collective Bargaining Agreement 294-318-319 Lake Boards - Appointments 8-59-96-176-400 90133-90263 Lake Level Project - Advance Funds for Bunny Run Lake 164-165-295-296-389-390 90018 Lake Name Change - Chase Lake (Rose Township) 29-75-76 Lake Orion 4-H Club Commendation 313 RESOLUTION NO. PAGE 89-90 289 .377-383-384 90062 Landfill Component - Solid Waste Management System 90192 Landfill - County Owned 90253 Landfill - Waterford - Request DNR Hold Public Hearing LAW ENFORCEMENT PATROL Parks and Recreation - Contracted Patrol 54-77-78 Pine Knob Music Theatre Crowd and Traffic Control 142-143 Pontiac Silverdome - Crowd/Traffic Control 329-330 Renaissance Festival - Crowd/Traffic Control Contract 143 Law Library - Positions Reclassified and Position Created... .56-79-80 Leaf Storage at Orion Oaks - Temporary 324-325 LEGAL FEES CETA Audit Legal Expense - Budget Amendment 257-258 Equalization Legal Fees 316-317 Margiotta v Kosik - Counsel Appointment 381-387-388 Orion Township v Oakland County Board of Commissioners 258 • Orion Township v Oakland County Board of Commissioners and Solid Waste Planning Committee - Executive Session Held to Discuss Lawsuit 289-309-311 LEGISLATION 90254 Reducing Property Taxes Before 1989-1990 Legislative Session Ends (Support) 377-378 Library Board - Robert Tera Appointment 292 90025 Lobbying Policy for County Business 32 90261 Local Tax Rates - Apportionment 388 90239 Lyon Rookery (Parks and Recreation) - Acquisition 344-345 -M 90020 MAC Director - Donn L. Wolf Endorsement 30 90231 Magna Carta Institute Lease 335-336-353-354 MANAGEMENT AND BUDGET 90005 Actuarial Assumptions and Request Authorization for Retirement Appropriation Transfer and Establish Retirement Fringe Benefit Rates - Review 11-12 90187 Budget Division - Advanced Office System 274 90083 Equalization (1990) 110-111 90084 Equalization - State Board Hearing Appointments 111 90188 Financial and Compliance Audit of Local Health Department 275 90095 Fiscal Policies Manual 124 90006 Fringe Benefit Fund Budget Amendments 12-13 90004 Grants (Federal, State and Private) Policy for Maintaining Funding 11 . 90286 Third Quarter Forecast and Amendments 423 90058 Year End (1989) Report and Budget Amendments 85-86 90257 Margiotta v Kosik - Appoint Legal Counsel 381-387-388 90138 Marine Division - Authorization to Receive Bids for Floor Slab of Storage Building 167 90042 90115-90116 90226 90117 90043 90225 90169 90215 90257 90170 RESOLUTION NO. PAGE 90184 Marine Division - Award Contract for Storage Building Floor Slab. 272-273 .90081 Marlowe Landfill Site - Remove from 641 Plan 107 90039 Materials Management Center - Authorization to Receive Bids 52 90102 Materials Management Center - Award Contract 128-129 90191 Materials Management Center Parking Lot - Authorization to Receive Bids 286 90213 Materials Management Center Parking Lot Reconstruction - Award Contract 315 90120 Material Recovery Facility - Award Contract to Waste Management, Inc 144-145 90163 McKinney Homeless Assistance Project Grant Renewal 252-253 90279 MDSS Facility Inspections - Addition to Fee Schedule 404-431 90189 Medical Care Facility - Create Case Management Coordinator Position and Delete Admitting and Social Services Clerk Position 278-306 90205 Medical Examiner - Forensic Pathologist Classification - Creation. 304-305-326-327 90166 Medical Examiners (Deputy) Policy for Candidate Screening and Selection Criteria and Term of Appointment 254-255-276-277-278 Meenahan, James G. - Commendation 387 90252 Michigan Council of the Arts - Grant Acceptance 377-385-386 90279 Michigan Department of Social Services Facility Inspectors - Fee Schedule 404-431 90127 Michigan Health Initiative Grant Acceptance 155 90214 Michigan Tax Tribunal Consent Judgment Between General Motors Corporation and Orion Township 316 90200 Milford Village - Convey County Owned Property to Village for Road Purposes 199-336-337 90211 Military Duty - Authorize County to Supplement Pay of Reserves.. ..310 Minjoe, Joseph - Confirmation of Appointment as Director of Public Works Department' 430 90289 Mobile Home Park Inspection Agreement 425 90023 . Motor Vehicle Operator Fleeing Police - Support Penalty Increase 31-99-100-141-142 -N- 90067 Noise Barrier by M-DOT 133 90148 North Huron Valley/Rouge Valley Wastewater Control System Facilities - Authorize Financing of Segment 3 190-191 90014 North Huron Valley/Rouge Valley Wastewater Control System (Novi) - Bonds 17-18-19-20-21-22 -0- 90027 Oakland County Computer Center - Award Contract 34-35 89323-90244 Oakland County Employees - Standards of Conduct 350-351-352 90021 Oakland County Open Housing Center 30-31-80-81 -91 -92-115-116 90093 Oakland County Outdoors - Celebration of - 120-121 90076 Oakland County Retirement System - Restatement and Amendment 103 RESOLUTION NO. PAGE 90112 90108 90168 90271 90260 90021-90065 90190 90015 90240 90225 Oakland Livingston Human Service Agency Weatherization and Energy Conservation 139 Oakland Pointe Office Park - Lease for Prosecutor's Offices.. .135-135 Oakland Pointe Office Park - Lease for Prosecutor's Office - Funding 256-257-275-276 Oakland University - Tornado Warning System Expansion 395-396-407-408 Oil Spill Response Center for Great Lakes 384-385 Open Housing Center in Oakland County 30-31-80-81-91-92-115-116 Orchard Lake Village Sanitary Sewage Collection and Disposal. Authorization to Issue Bonds 281-282-283-284-285 Orchard Lake Village Sanitary Sewage Collection and Disposal System Contract 22 -23-24 -25-26-27-28-43-44-45-46-47-48-49 Orion Oaks Beach Development 344-345 Orion Oaks - Temporary Leaf Storage 324-325 Orion Township v Oakland County Board of Commissioners and Solid Waste - Proceed With Directions Given in Executive Session.. 289-309-311 90170 Orion Township v Oakland County Board of Commissioners - Appoint Counsel 258 90238 90236 90219 90042 90239 90016 90140 90240 90225 90183-90256 90050-90232 PARKS AND RECREATION Addison Oaks Acquisition Grant 344 Alcoholic Beverages - Ban Possession and Sale at County Facilities 340-341 Commission Appointments 6 Groveland Oaks - Purchase Property Adjacent to Park 320-354 Law Enforcement Patrol Contract 54-77-78 Lyon Rookery Acquisition 344-345' Millage (1992-2001) - Place on Primary Ballot 28-29 Month - Declaration 176 Orion Oaks Beach Development 345-346 Orion Oaks - Temporary Leaf Storage 324-325 Springfield Oaks Youth Activities Center - Miscellaneous Improvements 271-272-380-381 Watkins Lake Road - Purchase Property Adjacent to Administration Building 72-73-88-337-352-353 Personnel Appeal Board Appointments 3 PERSONNEL DEPARTMENT 90055 Salary Administration 1989 Fourth Quarterly Report 82-92-93 90107 Salary Administration 1990 First Quarterly Report. .134-135-158-159 90179 Salary Administration 1990 Second Quarterly Report 267-279-280 90258 Salary Administration 1990 Third Quarterly Report.... 382-383-393-394-395-399-400 90116 Pine Knob Music Theatre Crowd Control - Renew Contract 142-143 90115 Pine Knob Music Theatre Traffic Control - Renew Contract 143 Planning and Building Committee Annual Report for 1989 105-106 90160 Pontiac Area Transitional Housing (PATH) Homeless Assistance Contract 250 RESOLUTION NO. PAGE 90076 ' Pontiac Osteopathic Hospital Nursing Home Project (Lake Orion) Approval 103-104 Pontiac Osteopathic Hospital Nursing Home Project (Lake Orion) Public Hearing .33759 90069 Pontiac Silverdome Capital Improvement Loan 95 90226 Pontiac Silverdome - Crowd/Traffic Control 329-330 90068-90089 Pontiac Silverdome - Support State Subsidy Continuation 94-95-116 90104 . Premarital Counseling Regarding Sexually Transmitted Disease and HIV 132 PROBATE COURT 90295 Caseworkers and Non-Caseworkers Labor Agreement 431-432 90300 Child Care Fund Budget Revised (1990-1991) 437-438 90301 Skillman Foundation Grant Acceptance 438-439 90066 Probate Judges Retirement Contributions - Tax Deferments 94 90266 Processor Replacement Plan 391-392 90164 Property Purchased by Oakland County - Board of Commissioners Rules 253-254 90254 Property Taxes - Support Passage of Legislation Reducing 377-378 PROSECUTING ATTORNEY 90251 Anti-Drug Abuse Grant Acceptance 375-376 90007-90288 Automobile Theft Prevention Authority Grant Acceptance 13-424 90032 Cooperative Reimbursement Program Contract Acceptance 39 90008 Forfeited Funds - Use 14 90073 Grand Jury Budget Appropriation 98-99 90168 Oakland Pointe Building - Funding for Move 256-257-275-276 90108 Oakland Pointe Office Park II - Lease for Offices 135-136 90269 Public Health Nurses - Labor Agreement 393-404-405 PUBLIC WORKS DEPARTMENT 90175 Animal Control Center Reroofing - Authorization to Receive Bids 260-261 90027-90053 Computer Center Contract 34-35-76-77 90071 Courthouse Addition - Award Architecture Contract for Design.97-98 Director - Joseph Minjoe Appointment 430 90161-90299 Employment and Training Division Budget 251-264-265-436-437 90079 Grounds Storage Building - Authorization to Receive Bids 106 90039 Material Management Center - Authorization to Receive Bids 52 90120 Material Recovery Facility - Award Contract to Waste Management, Inc - 144-145 90091 Solid Waste - Authorization to Expend From Professional Services Line Item Without Prior Approval Within Limits.119-120 90035 Solid Waste Disposal System - Investment Banking Team (Underwriters) for Financing Designated 41-42 90049 Solid Waste - Revised Contract Documents with Westinghouse Electric Corp. - Construction of Waste-to-Energy Facility.71-72 90092 Solid Waste - Transfer of Certain Functions 120-159-160-161 90275 90078 90010u90185 90077 90080-90103 RESOLUTION NO. PUBLIC WORKS DEPARTMENT (Continued) Solid Waste - Transfer of Certain Functions - Public Hearing.. .120 Vehicle - Additional for Pump Maintenance Mechanic 400-401 Vehicle Impound Yard - Authorization to Re-Advertise for Bids. .105 Water and Sewer Operations - Additional Vehicle 15-273 Water and Sewer Operations - Create Pump Maintenance Supervisor Classification Series and Reclassification of Positions 104-105-117-118-119 Work Release Facility Parking Lot Contract for Asphalt Surface 107-1297130. 90180 Purple Heart - Request for Funding 268-269 PAGE 90281 90264 90150 89325 90099 90255 90074 90117 90101 90165 90228 - 90274 90006 90005 90131 90297 90075 90285 90245 90018 90145 R - Radio Communications - Authorize Selection of Vendor to Design, Construct and Implement 800 MHz County-Wide System... 408-439-440 . Radon In-School Survey Reimbursement Agreement 390 Record Retention - Create Clerk I Position 196-197-261-262 Recycling Committee Appointments 154-155 Recycling Poster Contest - Winners Announced 176 Recycled Products - Use by County Departments 74 Reference Library - Automated Circulation 126-127 Register of Deeds - Reformat Tract Index Microfilm Records... 379-380 Reimbursement - Circuit Court Unit - Create Positions......102-116-117 Renaissance Festival - Renew Contract for Crowd/Traffic Control...143 Rental Rehabilitation Grant Program Acceptance (HUD) 128 Residential Community Development Corporation Oversight - Contract with United Way of Oakland 254-299-300-301 Resource Recovery Facility -Expedite Construction 330 Respite Care - Funding 397 Retirement Commission Appointments 6 Retirement Fringe Benefit Fund Budget Amendments 12-13 Retirement Fringe Benefit Rates - Review Actuarial Assumptions. 11-12 Retirement System Amendment Adjustment Benefit 159-183-184 Retirement System Amendment - Retiree Benefit 433-434 Retirement System Rules - Restatement and Amendment 103 Risk Management - Contract Addendum 422 Risk Management - Typist Position Created 352-382 Rose Township - Lake Name Change (Chase Lake) 29-75-76 Royal Oak City - Investment in Redevelopment Project (Oakland County Treasurer) 182-183 -5- 90296 Safety (Building) Transfer Positions to D.P W 432-433 90227 Safety Division - Personnel and Responsibilities - Funding and Transfer 330 90055 Salary Administration 1989 Fourth Quarterly Report 82-92-93 . 90107 Salary Administration 1990 First Quarterly Report 134-135-158-159 - 15 - RESOLUTION NO. 90179 90258 90015 90098 90268 90054 90142 90064-90287 90113 90022 90086-90235 90130 90204 90203 90210 90196 90273 90138 90184 90117 90023 90042 90116 90115 90226 90113 90117 90118 90130 90072 90069 90226 90094 90068-90089 PAGE Salary Administration 1990 Second Quarterly Report 267-279-280 Salary Administration 1990 Third Quarterly Report 382-383-393-394-395-399-400 Sanitary Code Appeal Board Appointments 6 Sanitary Sewage Collection and Disposal System (Orchard Lake Village) 22-23-24-25-26-27-28-43-44-45-46-47-48-49 SARA (Superfund Amendments and Reauthorization Acts) Title III Plan Development 126 Senate Bills 380 and 381 (Oppose) Creating State Remonumentation Program Funded by Increased Fees 392-393 Senate Bill 440 (Support) Amendment to Provide Economic Incentives for Public and Privately Owned Waste-to-Energy Facilities... .81-82 Seroprevalence Survey Grant Acceptance (HIV) 180-181 SHERIFF'S DEPARTMENT • Automobile Theft Prevention Authority Grant.91-100-101-102-423-424 Commissary Supervisor Position and Transfer Deputy I Positions- . Changes in Property Room Staffing 139-140-170-171 Cost Control and Reduction in Operating Costs 31 Disposition of Property 113-340 Fleet Expansion - Assignment of Forfeited Vehicle 157 Inmate Regimented Discipline Program (AKA "Boot Camp 1 ).304-325-326 Inmate Services Substance Abuse Coordinator Project Grant.... 303-304-327-328-329 Jail Inmates - Study Feasibility of Real Work for Real Pay Program 309-310 Labor Agreement - Collective Bargaining Agreement 294-318-319 Law Enforcement Patrol Services Agreement - Establish Rates 397-410 Marine Division - Authorization to Receive Bids - Floor Slab for Storage Building 167 • Marine Storage Division - Award Contract for Floor Slab... 272-273 Michigan Renaissance Festival - Crowd/Traffic Control Contract.143 Motor Vehicle Operator Fleeing Police U)enalty)- 99-100-141-142 Parks and Recreation - Contracted Patrol 54-77-78 Pine Knob Music Theatre - Crowd Control - Renew Contract...142-143 Pine Knob Music Theatre - Traffic Control - Renew Contract 142 Pontiac Silverdome - Crowd/Traffic Control 329-330 Property Room Staffing Changes 139-140-170-171 Renaissance Festival - Contract for Crowd/Traffic Control 143 Southfield Detention Facility Agreement Renewal 143-144-172 Vehicle (Forfeited) - Assigment for Fleet Expansion 157 Video Incident Capture System Units for Patrol Vehicles.98-112-113 Silverdome Capital Improvement Loan 95 Silverdome Crowd/Traffic Control 329-330 Silverdome Economic Impact Study 121 Silverdome (Pontiac) Support State Subsidy and Paramutual Continuation 94-95-116 RESOLUTION NO. 90301 Skillman Foundation Grant Acceptance 438-439 90031-90292 Small Business Development Center Grant Acceptance 37-38-427 90167 Social Services - Indigent Health Care Costs 255-278-279 SOLID WASTE 90034 Act 641 Plan Reimbursement Contract - Acceptance 39-40 90126 Act 641 Plan Update 149-150-151-152-153 90011 Additional Acreage at Facility Site - Approve Option to Purchase 15-16 90124 Advance Funding to Purchase Giddings and Brown Road Site • for Solid Waste Management System 147-148 90208 Alternatives Program - Grant Funds 308 90011 Auburn Hills - Approve Option to Purchase Acreage 15-16 Bond Issues - Implementation Costs (Phases I and II) -403-404 90220 Bonds - File Notice of Intent to Issue an Obligation - Authorization 320-321 90122 Bonds - Voter Approved 146-179 Committee Appointments 55-56 90139 Compost Implementation - Fall 1990 167-168 Department Created - Public Hearing Held 124 90092 Department - Transfer Functions to Establish Department of Solid Waste Management 120-159-160-161 90146 Director - Recruitment for Solid Waste 184-185 90035 Financing - Investment Banking Team Underwriter Designated.41-42 90092 Functions Transferred to Solid Waste Management.. .120-159-160-161 90123 Funding - Limited Obligation Bonds 146-147-179-180 90122 Funding - Voter Approved Bonds 146-179 90285 Gallagher Bassett 1991 Contract Addendum 422 90124 Giddings and Brown Road - Advance Funding to Purchase Site for Solid Waste Management System 147-148 90298 Information and Education Program Contract (Stone, August and Baker) 434-435 90151 Intergovernmental Agreement 197 90062 Landfill Component - Solid Waste Management System 89-90 90225 Leaf Storage at Orion Oaks (Temporary) 324-325 90173 Management Office Automation 259-260 90126-90141-9208 Management Plan Update 149-150-151-152-153-177-178-179-308 90028 Management Reimbursement Agreement and Acceptance by Oakland County 35-36 90221 Management System - Establishment 321-322 90229 Management System Implementation Plan 332-333-334 90302 Management System Revised Intergovernmental Agreements 440 90092 Management - Transfer Functions to Establish Department 120-159-160-161 90081 Marlowe Landfill Site - Remove from 641 Plan 107 Planning Committee Appointments 55-56 90091 Professional Services Line Item - Authorization to Expend Without Prior Approval (Within Limits) 119-120 PAGE PAGE RESOLUTION NO. SOLID WASTE (Continued) 90123 Program Funding - Limited Obligation Bonds 146-147-179-180 90121 Program Funding - Revenue Bonds 145-146 90122 Program Funding - Voter Approved Bonds 146-179 ' 90298 Public Information and Education Program Contract 434-435 Recycling Committee Appointments 154-155 90028 Reimbursement Agreement Acceptance 35-36 90228 Resource Recovery Facility - Expedite Construction 330 90209 SOCRRA Member Communities - Urge Elected Officials to Actively Participate in Discussions by SOCRRA Regarding Proposed Incinerator 309-337-338 90082 Vehicles - Adcitional 110 90054 Waste-to-Energy Facilities (Support SB 440) - Amendment to Provide Economic Incentive for Public and Privately Owned Facilities 81 90049 Westinghouse Electric Corporation Revised Contract for Construction of Waste-to-Energy Facility 71-72 . Southeastern Michigan Council of Governments (SEMCOG) Appointments.6 90118 Southfield Detention Facility (Jail) Agreement Renewal...143 -144-172 90218 Southfield - Exchange Property in Lockeman Subdivision with County of Oakland 319-320 90270 South Lyon Tornado Warning System Expansion 395-406-407 90160 South Oakland Shelter (SOS) - Shelter Contract 250 90183-90256 Springfield Oaks Youth Activities Center - Remodel 271-272-380-381 90244 Standards of Conduct for Oakland County Officers and Employees 350-351 90162 State Facilities Police Service - Support HB 5707 251 90230 Substance Abuse Grant Acceptance 334-335 90178 Substance Abuse Grant Amendment 265-266 Substance Abuse Grant - Discussion of Allocation 256 90203 Substance Abuse Inmate Services at Jail - Coordinator.. 303-304-327-328-329 T - 90047 Taxes - Authorization for Administrative Fund Delinquent 70 90046 Taxes - Authorization to Borrow Against (Delinquent Taxes) 59-60-61-62-63-64-65-66-67-68-69-70 90237 Taxes - County General, Property and Parks and Recreation Rates..343 90261 - Taxes - Local Apportionment 388-389 Tax Rates - Public Hearing (1990) 342 90291 TB Outreach Grant Acceptance 426 90143-90267 Technical Assistance Grant - Circuit Court Probation - Acceptance.. 181-392 Tera, Robert - Appointment to Library Board 292 90037 Tiodize/Michigan, Inc. Project (Wixom) Approve Project Area.... 51 90038 Tiodize/Michigan, Inc. Project (Wixom) Confirm Appointments... .51-52 90206 Tire Burning Resource Recovery Facility (Support HB 5890)....306-307 PAGE RESOLUTION NO. 90119 Tornado Warning System Expansion - Highland Township 144-169-170 90271 Tornado Warning System Expansion - Oakland University 395-396-407-408 90270 Tornado Warning System Expansion - South Lyon city 395-406-407 90255 Tract Index (Register of Deeds) Reformat Microfilm Records.. .379-380 90005 Treasurer - Actuarial Assumptions and Request Authorization for Retirement Appropriation Transfer and Establish Retirement Fringe Benefit Rates 11-12 90220 Treasurer - Authorization to File Notice of Intent to Issue Obligation. 320-321 90145 Treasurer - Investment in Redevelopment Project in Royal Oak 182-183 90059 Treasurer - Jury Payment System - Increase Imprest Cash for On-Line Fund 86 90006 Treasurer - Retirement Fringe Benefit Fund Budget Amendments... .12-13 90047 Treasurer's Office - Authorization for Administrative Fund for Delinquent Taxes 70 90144 Treasurer's Office - Authorization for Treasurer to Represent County with DDA, T.I.F.A. andLDFA 181-182 90046 Treasurer's Office - Authorization to Borrow Against Delinquent Taxes 59-60-61-62-63-64-65-66-67-68 -69-70 90136 Treasurer's Office - Lease with Road Commission for Office Space 166-197-198 90085 Treasury Loan Approval (Michigan Aeronautics Commission) Oakland/Pontiac Airport 111-112 90096 Trusty Camp - Vehicle Impound Yard - Award Contract 124-125 -U- 90276 Underground Storage Tanks at Central Garage - Replacement 401 90165. . United Way of Oakland - Residential Community Development Oversight - Contract 254-299-300-301 - V - 90026-90262 Vehicle - Additional for Drain Commissioner 34-389 90082 Vehicle - Additional for Solid Waste 110 90010-90185 Vehicle - Additional for Water and Sewer Operations 15-273 90275 Vehicle - Additional for Water and Sewer Operations - Pump Maintenance 400-401 90078 Vehicle Impound Yard - Authorization to Re-Advertise for Bids... .105 90096 Vehicle Impound Yard - Award Contract (Trusty Camp) 124-125 90001 Vehicle Thefts - Support Use of Decal to Reduce 7-8 90128 Venereal Disease Reimbursement Grant Agreement Acceptance... .155-156 90180 Veterans Convention - Request Funding for Purple Heart 268-269 Veteran's Trust Fund Appointment 6 90072 Video Incident Capture System Units for Patrol Vehicles.. .98-112-113 RESOLUTION NO. PAGE - W 90036-90147 Walled Lake-Novi Wastewater Treatment Plant - Amendment to Huron-Rouge Sewage Disposal Enlargement Contract 49-50-51-185-186-187-188-189-190 90010-90185 Water and Sewer Operations - Additional Vehicles 15-273 90077 Water and Sewer Operations - Create Pump Maintenance Supervisor Classification and Reclassify Position 104-105-117-118-119 90134 Water and Sewer Operations - Interface with Existing Alarm and Card Access Security Systems for Building Safety 165-198-199 90253 Waterford Hills Landfill - Request Public Hearing 377-383-384 90176 Waterford School District Agreement with Children's Village.. 262-263-264 90132 Waterford Water Supply System Extension No. 9 162-163-164 90112 Weatherization and Energy Conservation Contract (OLHSA) 139 90283 Welch, Bob - Commendation on Winning Cy Young Award 411 90149 West Bloomfield Water Supply System Section XIII- Establish System and Approve Contract 191-192-193-194-195-196 90049 Westinghouse Electric Corporation - Revised Contract for Construction of Waste-to-Energy Facility 71-72 90259 Wixom SDS Ext. #2, Wastewater Treatment Plant - Easements for Consumers Power 383 90020 Wolf, Donn L. - Endorse for MAC Director 30 90080 Work Release Facility Lot - Authorization to Receive Bids for Asphalt Surface 107 90103 Work Release Facility Parking Lot - Award Contract 129-130 - 90183-90256 Youth Activities Center - improvements 271-272-380-381 Youth Assistance Advisory Council 33