HomeMy WebLinkAboutMinutes - 1997.04.10 - 8227
96
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
April 10, 1997
Meeting called to order by Chairperson John McCulloch at 9:40 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (25)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Coleman.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Law the minutes of the March 20, 1997 Board
meeting be approved.
A sufficient majority having voted therefor, the minutes were approved, as
printed.
Moved by Wolf supported by Jensen the rules be suspended and the agenda be
amended, as follows:
ITEMS ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE
c. Circuit/District/Probate Courts - Justice Information Management
System (JIMS) Consulting Services
PLANNING AND BUILDING COMMITTEE
a. Drain Commissioner Resolution to Authorize the Village of Milford
Water Supply Contract and Advancement of Funds
b. Resolution to Authorize the Issuance of Oakland County Bonds for the
Robert A. Reid Drain
(Reason for suspension of General Government Committee, item c and Planning and
Building Committee, items a and b: Suspension of Rule XII.E., Direct Referral to
the Finance and Personnel Committee.)
AYES: Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Obrecht, Palmer, Schmid, Taub, Wolf. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
Commissioners Minutes Continued. April 10, 1997
97
rules and amend the agenda carried.
Chief William Dwyer and Captain Michael McCabe addressed the Board in
regards to Public Act 29 of 1994 - 911 Information.
Sarah Rotsted addressed the Board.
MISCELLANEOUS RESOLUTION #97059
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - 1996 YEAR-END REPORT AND BUDGET
AMENDMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS all accounts have been posted and final adjustments made for 1996;
and
WHEREAS Restatement #1 of the Governmental Accounting, Auditing and
Financial Reporting Standards requires that encumbrances and appropriations
carried-forward be treated as a designated fund balance at the year-end and that
such amounts be reappropriated in the subsequent year in order to be available
for expenditure; and
WHEREAS the results of operation after consideration of expenditures,
accruals, encumbrances, appropriations carried forward, transfers, adjustments,
and closing entries produces an excess available resources over total charges as
reflected in the attached schedule; and
WHEREAS the Department of Information Technology is faced with various
projects, including infrastructure expansion, programming changes to comply with
the year 2000, and CLEMIS development, which require additional County resources;
and
WHEREAS the Fiscal Year 1997 Budget includes partial funding for a new
Medical Examiner building, fund balance may be used to cover the remainder of the
project cost at an amount less than the County would expend should it finance the
construction; and
WHEREAS pursuant to Miscellaneous Resolution #95265 the Board of
Commissioners established a Millage Reduction and Stabilization Fund which was
funded from a non-departmental transfer account in the 1996 Budget as well as a
$1,000,000 set aside from the 1995 year end resolution; and
WHEREAS the County continues to pursue implementation of additional new
technologies to enhance the efficiency of not only Oakland County Government, but
municipal government, specifically through develop of electronic base maps and
Geographic Information Systems (G.I.S.); and
WHEREAS the County=s contracted actuarial firm recommends additional
funding to cover the retirees= health cost liability, as cost have increased
faster than anticipated; and
WHEREAS pursuant to Miscellaneous Resolution #89283 the Board of
Commissioners established a Designated Fund for Operational Improvements, which
makes available a source of funds departments can use to support innovative
programs, providing the Board approves the use of the fund balance and the
requesting department commits to a pay-back within six (6) years of the original
allocation.
NOW THEREFORE BE IT RESOLVED that the report of operations, for calendar
year 1996, is accepted and the results of operations by line-item after inclusion
of expenditures, accruals, encumbrances, appropriations carried-forward,
transfers, adjustments, and closing entries is approved.
BE IT FURTHER RESOLVED that various line items in the Fiscal Year 1997
Budget be amended to include $404,414.62 for outstanding purchase orders and
$9,703,635.38 for appropriations carried forward as detailed in the attached
schedules.
BE IT FURTHER RESOLVED that all year end designated expenditures shall be
reviewed by the liaison committee prior to any budget amendment recommendation by
the Finance and Personnel Committee.
BE IT FURTHER RESOLVED adjustments to the fund balance be approved as
Commissioners Minutes Continued. April 10, 1997
98
follows:
Balance Before Adjustments (result of 1996 activity) $19,164,732.63
Add to General Fund Balance:
Repayment of Advance for
Lake Charwood $ 21,524.03
Bunny Run Lake Level 30,000.00
Long Lake Aug. Well 75,000.00
Use of Friend of the Court Fund Balance 202,170.42
Adjusted Total Including Additions $19,493,427.08
Deduct from General Fund Balance:
Information Technology Projects ($ 5,500,000.00)
Medical Examiner=s Building (
5,000,000.00)
Millage Reduction Fund ( 4,375,197.00)
G.I.S. ( 3,415,800.00)
Retiree=s Health Care Cost ( 2,000,000.00)
Operational Improvements ( 391,169.00)
Increase Petty Cash ( 860.00)
Adjusted Total Including Additions/Subtractions ($ 1,189,598.92)
Undesignated Fund Balance At Beginning of Year $ 1,915,832.78
Undesignated Fund Balance At the End of Year $ 726,233.86
BE IT FURTHER RESOLVED the Board accepts the Accounting Report on bad debt
write offs and approved those in excess of $1,000.
Chairperson, on behalf of the Finance and Personnel Committee, I move
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Copy of Outstanding Purchase Orders and Carry Forwards, 1996 and Changes in
General Fund Equity During 1996 on file in County Clerk=s office.
Moved by Douglas supported by Pernick the resolution be adopted.
AYES: Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon,
Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97060
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: FACILITIES MANAGEMENT - APPROPRIATION OF FUNDS FOR THE CLINTON VALLEY
APPRAISAL PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #96157, dated June 27, 1996, the Board
of Commissioners authorized the County Executive's Facilities Management
Department to acquire the services of an independent appraiser for the purpose of
determining the fair market value of Clinton Valley Center; and
WHEREAS it was determined that funds were available in the Capital
Improvement Program to be transferred to the Project Work Order Fund but were not
transferred at that time; and
WHEREAS a project work order was issued for the estimated amount of
$23,000; and
WHEREAS the independent appraisal has been completed and the vendor has
submitted an invoice.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the transfer of funds in the amount of $23,000 from the Capital
Improvement Fund (40100) to the Project Work Order Fund (40400), Project C-304.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Moved by Douglas supported by Obrecht the resolution be adopted.
Commissioners Minutes Continued. April 10, 1997
99
AYES: Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs,
Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97061
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS - SUPPORT PROPOSED LEGISLATION ENABLING COUNTIES
TO BORROW AGAINST FUTURE STATE APPROPRIATIONS TO FUND AN ACCELERATED
REMONUMENTATION PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has initiated a project to develop and implement an
integrated Automated Mapping/Facilities Management Geographic Information System
(GIS); and
WHEREAS when implemented, the Oakland County GIS is intended to provide an
integrated corporate resource benefitting both the County and local governmental
units in the area of facilities management, facilities maps and records, land
records management, tax assessment, zoning and demographic analysis, emergency
services support, and planning; and
WHEREAS fundamental to the successful implementation of this project is
execution of an accelerated remonumentation program; and
WHEREAS although Oakland County remits to the State over $500,000 of annual
revenue from imposition of increased remonumentation fees on County residents,
the County only receives $225,000 annually in State funding for the
implementation of the remonumentation program, woefully insufficient to meet the
accelerated needs cited above; and
WHEREAS legislation has been proposed that would enable counties to borrow
against future State appropriations to fund an accelerated remonumentation
program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
supports the proposed legislation that would enable counties to borrow against
future State appropriations to fund an accelerated remonumentation program so as
to ensure the successful implementation of the Automated Mapping/Facilities
Management Geographic Information System (GIS) in Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
supports the full reimbursement of all remonumentation costs from the inception
of a County program to full completion of that program.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to
Oakland County=s legislators, the Governor, the Michigan Association of Counties,
and to Oakland County=s legislative agents.
Chairperson, on behalf of the General Government Committee, I move adoption
of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Moved by Schmid supported by Devine the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #97058)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: (SUPPORT) NON-TAXATION ROAD ENHANCEMENT ALTERNATIVES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on March 24, 1997, reports with the recommendation that the resolution
be adopted with the fourth BE IT FURTHER RESOLVED paragraph deleted.
Commissioners Minutes Continued. April 10, 1997
100
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #97058
BY: David Moffitt, Donald Jensen, Thomas A. Law, Lawrence A. Obrecht,
Dennis Powers, Donn L. Wolf
IN RE: (SUPPORT) NON-TAXATION ALTERNATIVES TO ROAD ENHANCEMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS good roads are vital for the commercial viability, tourism,
economic well-being, safety, and quality of life in Oakland County; and
WHEREAS Oakland County=s Road Commission and community have over 5,000
miles of road to maintain, plus 310 miles of state highway under contract; and
WHEREAS the above factors are being jeopardized due to deteriorating
pavement conditions, a climbing accident rate, increasing traffic volumes and
congestion, and a failure of the legislature to adequately fund road maintenance
and improvement projects; and
WHEREAS Michigan has ranked in the bottom 10 states for over 30 years of
road funding, to the point where Michigan ranks 49th in per capita spending on
roads, and 50th in spending per thousand miles of travel; and
WHEREAS it has been over 14 years since the legislature in Michigan voted
to increase its 15 cent gas tax, when only 5 states have a lower rate, and the
dollar amount generated declines every year on a per vehicle basis as newer cars
get increasingly better gas mileage; and
WHEREAS Oakland County receives back less than it generates each year in
fuel taxes, and thus, is a major donor county to the rest of the State; and
WHEREAS Oakland County suffers from inadequate federal fund allocations
because, firstly, Michigan is a donor state to the rest of the nation; secondly,
because the State does not spend a fair share of its federal funds in Oakland
County; and thirdly, because the State Department of Transportation last year
deviated from its traditionally accepted sharing of federal ISTEA funds by
keeping most of the local portion to fund three expensive State projects; and
WHEREAS current law has for decades stipulated a fair and accepted
distribution of State fuel taxes which should be continued, but is under attack
by those seeking to direct up to 70% of new State road revenues, and up to 90% of
all federal resources to the State Department of Transportation; and
WHEREAS legislative proposals to increase funding of the Michigan
Transportation Fund, by addressing gas and diesel taxes as well as other
mechanisms, are being considered this year.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
encourages legislators to actively seek non-tax alternatives to finance road
enhancements.
BE IT FURTHER RESOLVED that this Board strongly supports change in the road
distribution formula that would reduce the disparity between what Oakland County
contributes versus what it receives from State funds, due to decades of Oakland
being a donor county to the other counties and the State.
BE IT FURTHER RESOLVED that this Board opposes any legislative effort to
increase the State share of road funds by dedicating portions of the revenues
Aoff the top@, or prior to use of the distribution formula for any special fund,
purpose, agency, or cause, for any period of time, as that would erode the local
road funds and destroy decades of equitable funding arrangements and inter-agency
cooperation.
BE IT FURTHER RESOLVED that this Board supports continued application of
the 75%-25% principle of Federal aid sharing between the State and its local road
agencies.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
hereby forms an Ad Hoc Committee to be appointed by the Chairperson of the Board
to study and report on alternative means of funding road improvements.
BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to all
Oakland County State legislators, the County=s legislative agents, and the
Michigan Association of Counties.
Commissioners Minutes Continued. April 10, 1997
101
Chairperson, I move the adoption of the foregoing resolution.
David L. Moffitt, Lawrence A. Obrecht,
Donn L. Wolf, Donald W. Jensen,
Thomas A. Law, Dennis N. Powers
Moved by Schmid supported by Law the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Law the resolution be adopted.
Moved by Schmid supported by Moffitt the resolution be amended to coincide
with the recommendation in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Douglas, Garfield, Huntoon, Jensen, Johnson, Kingzett, Law,
McCulloch, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos,
Devine, Dingeldey. (19)
NAYS: Coleman, Holbert, Jacobs, Kaczmar, McPherson, Pernick. (6)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #97062
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: CIRCUIT/DISTRICT/PROBATE COURTS - JUSTICE INFORMATION MANAGEMENT SYSTEM
(JIMS) CONSULTING SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 189 of 1993 resulted in increased court fees to
reimburse counties for a portion of their trial court operational costs; and
WHEREAS Oakland County established a State Court Disbursement Fund
(Fund #26910) for the purpose of designating the revenue generated from the
increased fees for future operational improvements in the County=s court system;
and
WHEREAS a project steering committee was formed (now known as the Oakland
County Advisory Committee on Judicial Information Management System - JIMS), with
representatives of Circuit, District and Probate Courts, the Departments of
Management and Budget and Information Technology, as well as the Board of
Commissioners, to develop recommendations for the most appropriate use of these
designated funds; and
WHEREAS the National Center for State Courts has recently completed a Needs
Assessment of the Courts and Justice Agencies of Oakland County and recommends
the development of an integrated Judicial Information Management System with the
capabilities to (a) track and monitor criminal offenders, (b) report offender
movements and dispositions to the offices of Sheriff, Probation and Community
Corrections, (c) provide Pre-trial Services and Community Corrections staff with
defendant records, (d) process individual civil and criminal cases, as well as
traffic violations, and (e) provide accurate public information on civil and
criminal cases handled in the Circuit, District and Probate Courts; and
WHEREAS the JIMS Advisory Committee requests the appropriation of funds in
the amount of $134,300 to engage a consultant to perform Phase I of an
implementation strategy, including: (a) review and update the aforementioned
needs assessment, (b) prepare detailed specifications for request for proposal
for appropriate hardware, software and associated equipment for an integrated
Judicial Information Management System, (c) assist the County in the analysis and
evaluation of bid proposals as received, and (d) participate in vendor selection
and contract negotiations; and
WHEREAS as a pre-requisite to proceeding with Phase II - Implementation,
Board of Commissioner authorization will be required to engage the successful
Commissioners Minutes Continued. April 10, 1997
102
vendor, as well as to continue the subject professional services contract for
purposes of providing professional oversight during implementation to ensure
adherence to the detailed specifications.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Circuit Court, acting on behalf of the Circuit, District and
Probate Courts, to acquire a Professional Services Contract in an amount not to
exceed $134,300 for the purpose of performing Phase I of the Judicial Information
Management System (JIMS) Project.
BE IT FURTHER RESOLVED that the JIMS Advisory Committee shall report back
the results of Phase I to the General Government Committee and request additional
authorization prior to proceeding with Phase II - Implementation.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (Misc. #97062)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: CIRCUIT/DISTRICT/PROBATE COURTS - JUSTICE INFORMATION MANAGEMENT SYSTEM
(JIMS) CONSULTING SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1. Public Act 189 of 1993 increased court fees to reimburse counties
for a portion of their trial court operational costs.
2. The State Court Disbursement Fund (#26910) was created to receive
and hold these funds for operational improvements in the County=s
court system. The estimated fund balance as of March 24, 1997 is
$3,409,402.
3. A project steering committee was formed (now known as the Oakland
County Advisory Committee on Judicial Information Management System
- JIMS), with representatives of Circuit, District and Probate
Courts, the Departments of Management and Budget and Information
Technology, as well as the Board of Commissioners, to develop
recommendations for the most appropriate use of these designated
funds.
4. The National Center for State Courts recently completed a Needs
Assessment of the Courts and Justice Agencies of Oakland County and
recommends the development of an integrated Judicial Information
Management System.
5. The JIMS Advisory Committee requests the appropriation of funds in
the amount of $134,300 to engage a consultant to perform Phase I of
an implementation strategy, including: (a) review and update the
aforementioned needs assessment, (b) prepare detailed specifications
for Request for Proposal for appropriate hardware, software and
associated equipment for an integrated Judicial Information
Management System, 8 assist the County in the analysis and
evaluation of bid proposals as received, and (d) participate in
vendor selection and contract negotiations.
6. This committee finds sufficient funds available in the State Court
Disbursement Fund (4-26910-909-01-00-8101) to defray the cost
associated with Phase I of the JIMS Project.
7. The JIMS Advisory Committee shall report back the results of Phase I
to the General Government Committee before requesting additional
authorization to proceed with Phase II - Implementation.
8. The 1997-1998 Biennial Budget be amended as follows:
Revenue 1997
3-10100-311-01-00-8261 Operating Transfer In
$134,300
Expense
4-10100-311-01-00-3128 Circuit Court Professional Services
$134,300
0
FINANCE AND PERSONNEL COMMITTEE
Commissioners Minutes Continued. April 10, 1997
103
Moved by Schmid supported by Millard the resolution be adopted.
Moved by Douglas supported by Taub the resolution be amended in the BE IT
FURTHER RESOLVED paragraph to add Aand the Strategic Planning Committee@
after the words A...General Government Committee@.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #97063
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER RESOLUTION TO AUTHORIZE VILLAGE OF MILFORD WATER
SUPPLY SYSTEM CONTRACT AND ADVANCEMENT OF FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Village of Milford (the AVillage@) is in urgent need of the
water supply facilities described in the form of the proposed contract
hereinafter mentioned (sometimes referred to herein as the AProject@) in order to
promote the health and welfare of the residents thereof, which water supply
facilities also would benefit the County and its residents, and the parties to
the proposed contract have concluded that such facilities can be provided and
financed most economically and efficiently by the County through the exercise of
the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended
(AAct 342"), and especially Sections 5a, 5b and 5c thereof; and
WHEREAS by the terms of Act 342, the County and the Village are authorized
to enter into a contract for the acquisition, construction and financing of the
Project to serve the Village and for the payment of the cost thereof by the
Village, with interest, and the County is then authorized to issue its bonds in
one or more series to provide the funds necessary therefor; 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, and the Village (the AContract@), which Contract provides for the
acquisition, construction and financing of the Project and 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 this Board of Commissioners desires to proceed with the
acquisition, construction and financing of the Project and the approval and
execution of 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 hereby approves, under and
pursuant to Act 342, the establishment of the Village of Milford Water Supply
System (the ASystem@), which shall consist of those water supply facilities to
serve the Village specified and to be located as shown in Exhibit A to the
Contract and hereby designates and appoints the Oakland County Drain Commissioner
as the ACounty Agency@ for the System.
The County Agency shall have all the powers and duties with respect to
the System as are provided by law and especially by Act 342 provided, however,
that all obligations incurred by the County Agency with respect to the System,
unless otherwise authorized by this Board of Commissioners, shall be payable
solely from funds derived from the Village as hereinafter provided.
2. PLANS AND SPECIFICATIONS - ESTIMATES OF PERIOD OF USEFULNESS AND COST.
The preliminary plans and specifications for the Project and the estimates of
$1,300,000 as the cost thereof and of 40 years and upwards as the period of
Commissioners Minutes Continued. April 10, 1997
104
usefulness thereof, as submitted to this Board of Commissioners, are hereby
approved and adopted.
3. EXCEPTION FROM PRIOR TREASURY APPROVAL. The County Drain Commissioner
and the County Treasurer are each hereby severally authorized to file with the
Michigan Department of Treasury a Notice of Intent to Issue an Obligation with
respect to each series of bonds to be issued to defray the cost of the Project in
the aggregate principal amount not to exceed $1,300,000 and to pay, upon the
filing of each notice, the filing fee of $100 for each series of bonds to be
issued in principal amount less than $500,000 and $400 for each series of bonds
to be issued in principal amount of $500,000 or more.
4. APPROVAL OF CONTRACT. The Village of Milford Water Supply System
Contract between the County, by and through the County Drain Commissioner, County
Agency, and the Village, which Contract has been submitted to this Board of
Commissioners, 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 Village. The
Contract reads as follows:
VILLAGE OF MILFORD WATER SUPPLY SYSTEM CONTRACT
THIS CONTRACT, made and entered into as of the ____ day of __________,
1997, 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, and the VILLAGE OF MILFORD, a home rule
village located in the County (hereinafter sometimes referred to as the
"Municipality@).
W I T N E S S E T H:
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, by majority vote of its members-elect, has authorized and directed
that there be established a county system of water supply improvements and
services to serve the Municipality, said system to be known as the "Village of
Milford Water Supply System" (hereinafter sometimes referred to as the "System"),
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"); and
WHEREAS under and subject to the terms of Act 342, the County is
authorized, through the County Agency, to acquire and construct the water supply
facilities hereinafter described as constituting the System (the "Project"), the
County and the Municipality are authorized to enter into a contract, as
hereinafter provided, for the acquisition and 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 the full faith and credit of the
Municipality 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 there is an urgent need of such water supply facilities to provide
water supply services to the Municipality in order to promote the health and
welfare of the residents thereof, which facilities would likewise benefit the
County and its residents, and the parties hereto have concluded that such
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 the consulting engineers have prepared preliminary plans for the
Project and estimates of the cost and period of usefulness thereof, all of which
have been submitted to and approved by the Board of Commissioners of the County
and the governing body of the Municipality and placed on file with the Board of
Commissioners in the office of the County Agency, the estimates being set forth
on Exhibit B hereunto attached; and
WHEREAS it is proposed that the cost of the Project be financed by the
issuance of bonds by the County; and
WHEREAS in order to provide for the acquisition and construction of the
Project and the financing of the cost thereof by the issuance of bonds, and for
Commissioners Minutes Continued. April 10, 1997
105
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 approve and agree to the acquisition, construction
and financing of the Project as part of the System, as herein provided, under and
pursuant to Act 342. The Municipality by way of compliance with Section 29,
Article VII, Michigan Constitution of 1963, consents and agrees to the
establishment and location of the System 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 System and any
improvements, enlargements or extensions thereof, and the 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 the water supply facilities as described
and specified on Exhibit A, which is hereunto attached and is made a part hereof,
and as are more particularly set forth in the preliminary plans that 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 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 that do not materially change
the location, capacity or overall design of the Project, and that 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 governing body of the
Municipality and if provisions required by Paragraph 5 hereof are made for
payment or financing of any resulting increase in the total estimated cost. The
estimate of the cost of the Project and the estimate of the period of usefulness
thereof as set forth on 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 (the ABonds@) by the County, in one or more series, in whatever
aggregate principal amount is necessary to finance the cost of the Project. The
Bonds shall be issued in anticipation of, and be payable primarily from, the
payments to be made by the Municipality 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 a pledge of the full faith and credit of the
County, and 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 the 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 payments.
5. 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 to be made in the approved plans or otherwise, then (without execution
of any further contract or amendment of this contract) the Municipality, by
resolution of its governing body 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 under contract to be acquired or constructed be deleted
sufficient to reduce the total cost to an amount that shall not exceed the total
estimated cost as hereinbefore stated by 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 resolution the
Municipality shall pay or procure the payment of the increase or excess in cash,
or Bonds in an increased or additional amount (upon adoption of an authorizing
resolution therefor by the Board of Commissioners) shall be issued to defray such
Commissioners Minutes Continued. April 10, 1997
106
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 additional 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 the Municipality 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 Municipality in cash or be defrayed by the
issuance of increased or additional Bonds in anticipation of increased or
additional payments agreed to be made by the Municipality to the County in the
manner hereinbefore provided; provided further, however, that the adoption of
such resolution by the governing body of the Municipality shall not be required
prior to or as a condition precedent to the issuance of additional Bonds, 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.
6. The Municipality shall pay to the County the entire cost of the
Project. The cost to be paid by the Municipality shall include, in addition to
the items of the nature set forth in Exhibit B (represented by the principal
amount of the Bonds), 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 expenses) that are payable on account of the Bonds (such fees,
expenses and charges being herein called "bond service charges"). Such payments
shall be made to the County in semiannual installments, which shall be due and
payable at least thirty days prior to each interest payment date specified in the
Bonds. The semiannual installments shall commence on the date that interest
(other than capitalized interest) or principal first becomes payable on the
Bonds, and the aggregate amount of the installments shall be at least sufficient
to pay, when due, all principal and interest on the Bonds and all bond service
charges payable on account of the Bonds. The County Agency, within thirty days
after delivery of the Bonds to the purchaser, shall furnish the treasurer of the
Municipality with a complete schedule of the principal of and interest on the
Bonds, and the County Agency also, at least thirty days before each payment is
due, shall advise the treasurer of the Municipality of the amount payable to the
County on such date. If the Municipality 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 Municipality from the obligation to make payments when due. The
foregoing obligation shall apply to all County Bonds issued by the County to
defray the cost of the Project. Payments shall be made by the Municipality when
due whether or not the Project has then been completed or placed in operation.
7. If the Municipality shall pay the cost of the Project or any portion
thereof prior to the issuance of the Bonds, the obligations of the Municipality
shall be adjusted accordingly. The Municipality may pay in advance of maturity
all or any part of an installment due the County on the Bonds by surrendering to
the County Bonds issued hereunder of a like principal amount maturing in the same
calendar year or by paying to the County in cash the principal amount of any
Bonds that 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 the Bonds for redemption at the earliest possible date.
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.
8. The proceeds of sale of the Bonds shall be used solely and only to
pay the cost of the Project, and after completion thereof and payment of all
costs in connection therewith, any surplus remaining from the sale of the Bonds
shall be (i) used to purchase the Bonds on the open market or (ii) retained by
Commissioners Minutes Continued. April 10, 1997
107
the County Agency as a reserve for payment of the principal and interest
maturities next falling due, and in such event the contract obligations of the
Municipality in respect to such Bonds or such maturities shall be reduced by the
principal amount of Bonds so purchased or of said reserve, said reduction in case
of the purchase of Bonds to be applied as to year in accordance with the year of
the maturity of the Bonds so purchased. Any Bonds so purchased shall be
cancelled. In the alternative, such surplus may be used, on request of the
Municipality and approval by the Board of Commissioners of the County, to extend,
enlarge or improve the System or to acquire and construct additional water supply
facilities to serve the Municipality.
9. The Municipality, pursuant to the authorization of Section 5a of
Act 342, hereby pledges its full faith and credit for the prompt and timely
payment of its obligations expressed in this contract and, subject to applicable
constitutional, statutory and charter tax limitations, each year shall levy a tax
on the taxable property in Municipality, in an amount that, 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 Municipality shall have on hand in cash other
funds that 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
governing body of the Municipality each year, at least 90 days prior to the final
date provided by law or charter 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 that become due and payable under this contract prior
to the time of the next following year's tax collections, the amount of the funds
that the Municipality has or will have on hand or to its credit in the hands of
the County that have been set aside and pledged for payment of said obligations
to the County and the amount of the taxes next proposed to be levied for the
purpose of raising money to meet such obligations. The County Agency promptly
shall review such statement, and if he finds that the proposed tax levy is
insufficient, he shall so notify the governing body. The Municipality hereby
covenants and agrees that it will thereupon increase its levy to such extent as
may be required by the County Agency.
10. In the event that the Municipality shall fail for any reason to pay
to the County Agency at the times herein specified, the amounts herein required
to be paid, the state treasurer or other official charged with the disbursement
of unrestricted state funds returnable to the defaulting Municipality pursuant to
the Michigan constitution is authorized hereby to withhold sufficient funds to
make up any default or deficiency in funds. In the event the County is required
to advance any money by reason of its pledge of full faith and credit on the
Bonds on account of the delinquency of the Municipality, the County Treasurer
shall 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 defaulting Municipality and to pay such amount to the County. In addition
to the foregoing, the County shall have all other rights and remedies provided by
law to enforce the obligations of the Municipality to make payments in the manner
and at the times required by this contract. It is specifically recognized by the
Municipality that the payments required to be made by it pursuant to the terms of
this contract are to be pledged for the payment of the principal of and interest
on the Bonds, and the Municipality covenants and agrees that it will make its
required payments to the County promptly and at the times herein specified,
without regard as to whether the Project herein contemplated is actually
completed or placed in operation; provided, only, that nothing herein contained
shall limit the obligation of the County to perform in accordance with the
covenants contained herein.
11. No change in the jurisdiction over any territory in the Municipality
shall impair in any manner the obligations of this contract or affect the
obligations of the Municipality hereunder. In the event that all or any part of
the territory of the 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 the Municipality,
Commissioners Minutes Continued. April 10, 1997
108
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 municipality
into which such territory is incorporated or to which such territory is annexed
and the Municipality shall by mutual agreement and with the written approval of
the County Agency 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 by the governing body of the 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 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.
12. The County may advance funds, if approved by resolution adopted by a
2/3 vote of the members-elect of its Board of Commissioners (as required by
Section 8 of Act 342) for administrative expenses, including engineering, legal
and consulting expenses, incurred by the County Agency in the performance of its
duties and powers authorized by Act 342 and for purposes of obtaining maps,
plans, designs, specifications, cost estimates, rights-of-way and permits for the
Project. In such event, and to avoid paying interest on the advance, the
Municipality, not later than two years after the date of adoption of the
resolution of the County Board of Commissioners approving such advance, shall
reimburse the County for the amount of any such advance; provided, however, that
(i) the County Board of Commissioners may extend the due date of such
reimbursement by resolution adopted by a 2/3 vote of its members-elect and (ii)
the obligation of the Municipality shall be reduced to the extent that Bonds are
issued and the proceeds thereof are used to reimburse the County for such
advances. The obligation of the Municipality to pay the amounts set forth in
this paragraph is a full faith and credit obligation as described in Paragraph 9
hereof. The County shall have all rights and remedies provided by this contract
and Act 342 and otherwise pursuant to law to enforce the obligation of the
Municipality described in this paragraph. In the event that no Bonds are issued
within three years of the date of this contract, unless the three-year period is
extended by mutual agreement of the parties hereto, the Project shall be
abandoned and the Municipality shall pay, or reimburse the County for the payment
of all engineering, legal, consulting and other costs and expenses theretofore
incurred, including any interest due the County for any advance of funds, and
shall be entitled to all plans, specifications and other engineering data and
materials relating to the Project.
13. In the event that the Municipality fails to reimburse the County for
an advance made pursuant to Paragraph 12 hereof when due, the Municipality shall
pay to the County interest on such unreimbursed amount from the date of adoption
of the resolution of the County Board of Commissioners approving such advance to
the date of repayment at the interest rate prevailing on six-month United States
Treasury Bills on the date of adoption of the resolution of the County Board of
Commissioners approving the advance, to be compounded quarterly.
14. The parties hereto agree that the costs and expenses of any lawsuits
arising directly or indirectly out of this contract or the construction or
financing of the Project, including the amount of any judgment against the County
or the County Agency, to the extent that such costs and expenses are chargeable
against the County or the County Agency, shall be deemed to constitute a part of
the cost of the Project and shall be paid by the Municipality in the same manner
as herein provided with respect to other costs of the Project. In the event of
such litigation, the County Agency shall consult with the Municipality and shall
retain legal counsel agreeable to the County Agency and the Municipality to
represent the County; provided that if the County Agency and the Municipality
cannot agree as to such representation within a reasonable time, the County
Agency shall exercise its discretion as to the retention of such counsel.
The County Agency and the Municipality expressly agree that the County and
Commissioners Minutes Continued. April 10, 1997
109
the County Agency shall not be liable and the Municipality shall pay, indemnify
and save the County and the County Agency harmless of, from and against all
liability of any nature whatever regardless of the nature in which such liability
may arise, for any and all claims, actions, demands, expenses, damages and losses
of every conceivable kind whatsoever (including, but not limited to, liability
for injuries to or death of persons and damages to or loss of property) asserted
by or on behalf of any person, firm, corporation or governmental authority
arising out of, resulting from, or in any way connected with the ownership,
acquisition, construction, operation, maintenance and repair of the Project, this
contract, or the issuance, sale and delivery of the Bonds. It is the intent of
the County and the Municipality that the County and the County Agency be held
harmless by the Municipality from liability for such claims, actions, demands,
expenses, damages and losses, however caused or however arising, including, but
not limited to, to the extent not prohibited by law, such claims, actions,
demands, expenses, damages and losses even though caused, occasioned or
contributed by the negligence, sole or concurrent, of the County or the County
Agency or by negligence for which the County or the County Agency may be held
liable. In any action or proceeding brought about by reason of any such claim,
action or demand, the Municipality will also pay, indemnify and save the County
and the County Agency harmless of, from and against all costs, reasonable
attorneys= fees and disbursements of any kind or nature incidental to or incurred
in the defense of the claim, action or demand and will likewise pay all sums
required to be paid by reason of such claim, action or demand in the event it is
determined that there is any liability on the part of the County or the County
Agency. Upon the entry of any final judgment or a final award by an arbitration
panel against the County or the County Agency on any claim, action, demand,
expense, damage or loss contemplated by this paragraph and notwithstanding that
the County or the County Agency has not paid the same, the Municipality shall be
obligated to pay to the County or the County Agency, as the case may be, upon
written demand therefor, the amount thereof not more than sixty (60) days after
such demand is made. Notwithstanding the foregoing, nothing contained in this
paragraph shall be construed to indemnify or release the County or the County
Agency against or from any liability which it would otherwise have arising from
the wrongful or negligent actions or failure to act on the part of the County=s
or the County Agency=s employees, agents or representatives with respect to
matters not related to the ownership, acquisition, construction, operation,
maintenance or repair of the Project, this contract or the issuance, sale or
delivery of the Bonds.
15. After completion of the Project the operation and maintenance of the
System shall be in accordance with applicable agreements between the County and
the Municipality.
16. It is understood and agreed by the parties hereto that the System is
to serve the Municipality and not the individual property owners and users
thereof, unless by special arrangement between the County Agency and the
Municipality. The responsibility of requiring connection to and use of the
System and/or providing such additional facilities as may be needed shall be that
of the Municipality, 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.
17. The County shall have no obligation or responsibility for providing
facilities except as herein expressly provided with respect to the acquisition
and construction of the Project or as otherwise provided by contract. The
Municipality 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 lines or related facilities, connecting the
same to the System, and otherwise improving the System.
18. 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.
19. 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 Municipality to the payment of the
principal of and interest as set forth in this contract, will have contractual
rights in this contract, and it is therefore covenanted and agreed that so long
Commissioners Minutes Continued. April 10, 1997
110
as any of the Bonds shall remain outstanding and unpaid, the provisions of this
contract shall not be subject to any alteration or revision that would affect
adversely either the security of the Bonds or the prompt payment of the principal
or interest. 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 affect. 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 that would impair in any way the contract
of the Bonds, the security therefor or the prompt payment of the principal and
interest. It is declared hereby 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 the Bonds or to the payment or the security
thereof, shall be deemed to be for the benefit of the holders of the Bonds.
20. 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 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 had never been contained herein.
21. This contract shall become effective upon its execution by the County
Agency on the date set forth in the first paragraph hereof (which execution shall
not occur prior to the execution by the Municipality) and the expiration of 45
days after the date of publication of the notice 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 Municipality in accordance with the provisions of
Section 5b of Act 342, this contract shall not become effective until after its
approval by the vote of a majority of the electors of the 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 shall not be terminated at any
time prior to the payment in full of the principal of and interest on the Bonds
together with all bond 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. Nothing herein contained, however, shall require the County to
acquire and construct the Project if it is unable to sell Bonds to finance the
same. This contract may be executed in any number of counterparts.
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.
COUNTY OF OAKLAND
Executed on __________, 1997 By:____________________________________
County Drain Commissioner
(County Agency)
VILLAGE OF MILFORD
By:____________________________________
President
Executed on __________, 1997 And:___________________________________
Clerk
5. APPROVAL OF ADVANCEMENT OF FUNDS. This Board of Commissioners by 2/3
vote of its members-elect hereby approves the advancement of not to exceed
$30,000.00 for the purposes set forth in paragraph 12 of the Contract. Amounts
advanced shall be reimbursed to the County by the Village pursuant to the
provisions of paragraph 12 and 13 of the Contract.
6. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions
insofar as they may be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibits A, B and Acknowledgement and Waiver on file in the County
Clerk=s office.
Commissioners Minutes Continued. April 10, 1997
111
FISCAL NOTE (Misc. #97063)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER RESOLUTION TO AUTHORIZE VILLAGE OF MILFORD WATER
SUPPLY SYSTEM CONTRACT AND ADVANCEMENT OF FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1. The resolution authorizes an advance of an amount not to exceed
$30,000 to the Village of Milford which if repaid within two years
will incur no interest. It is the intent of the Village of Milford
to issue bonds to repay the advance and to finance the project.
2. In accordance with Miscellaneous Resolution #92228, the interest
rate is to be established at the prevailing six month Treasury Bill
rate (current rate is 5.03%).
3. Funding is available in the Drain Revolving Fund. The resolution
expressly states that upon repayment to the revolving fund the funds
become available for future projects.
4. An amendment to the 1997 budget is not required.
FINANCE AND PERSONNEL COMMITTEE
Moved by Palmer supported by Powers the resolution be adopted.
Moved by Douglas supported by Amos the Fiscal Note be amended under 2. to
show the current interest rate as 5.33%.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #97064
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - ROBERT A. REID DRAINAGE DISTRICT DRAIN BONDS - FULL
FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Drainage Board for the Robert A. Reid Drain, by resolution
adopted on March 6, 1997, authorized and provided for the issuance by the
Robert A. Reid Drainage District of its Drain Bonds in the aggregate principal
amount of $5,555,000.00 (the ADrain Bonds@) to defray the cost of the Robert A.
Reid Drain; and
WHEREAS the Drain Bonds will be dated May 1, 1997, will bear interest at
rates not to exceed 8% per annum, will mature in such years and principal
amounts, and will be subject to redemption upon the terms and conditions set
forth in the bond 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 of
Oakland (the ACounty@) for the payment of the principal of and interest of the
Drain Bonds; and
WHEREAS the Robert A. Reid Drain is necessary to protect and preserve the
public health, and, therefore, it is in the best interest of the County that the
Drain Bonds be sold.
NOW THEREFORE BE IT RESOLVED:
1. Pursuant to the authorization provided in Section 474 of the
Drain Code of 1956, as amended, the Board of Commissioners of the County hereby
pledges irrevocably the full faith and credit of the County for the prompt
payment of the principal of and interest on the Drain Bonds and agrees that, in
Commissioners Minutes Continued. April 10, 1997
112
the event the Charter Township of Bloomfield or the County of Oakland shall fail
or neglect to account to the County Treasurer of the County 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. In the event that, pursuant to the pledge of full faith and credit,
the County 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, to take all actions and proceedings and pursue all remedies permitted or
authorized by law for its reimbursement of such sums so paid.
3. The County Treasurer is authorized to file with the Department of
Treasury of the State of Michigan on behalf of the County a Notice of Intent to
Issue an Obligation with respect to the Drain Bonds.
4. The County Treasurer is authorized to approve the circulation of a
preliminary and final official statement for the Drain Bonds, to cause the
preparation of those portions of the preliminary and final official statement
that pertain to the County, and to do all other things necessary for compliance
with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended
(the ARule@). The County Treasurer is authorized to execute and deliver such
certificates and to do all other things that are necessary to effectuate the sale
and delivery of the County Bonds.
5. The County Treasurer is hereby authorized to execute and deliver in
the name and on behalf of the County (i) a certificate of the County to comply
with the requirements for a continuing disclosure undertaking of the County
pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate
from time to time in accordance with the terms of such certificate (the
certificate and any amendments thereto are collectively referred to herein as the
AContinuing Disclosure Certificate@). The County hereby covenants and agrees
that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate. The remedies for any failure of the County to comply
with and carry out the provisions of the Continuing Disclosure Certificate shall
be as set forth therein.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of attachments on file in County Clerk=s office.
FISCAL NOTE (Misc. #97064)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - ROBERT A. REID DRAINAGE DISTRICT DRAIN BONDS - FULL
FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1. The resolution authorized the issuance of drain bonds with the
County pledging full faith and credit with the Township of
Bloomfield as the primary obligor.
2. The principal amount of the bond issue is $5,555,000 at an interest
rate not to exceed 8% to be paid back within 20 years.
3. The statutory limit for county debt is $3,574,495,398 (10% of 1996
State Equalized Value). As of 2/28/97, the outstanding debt is
$330,661,984 or approximately .93% of the S.E.V.
4. Of the total project cost of $5,555,000, the County=s apportionment
is 37.52% ($2,084,236). The County=s share will be financed with the
Bond sale.
FINANCE AND PERSONNEL COMMITTEE
Moved by Palmer supported by Taub the resolution be adopted.
AYES: Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert. (25)
NAYS: None. (0)
Commissioners Minutes Continued. April 10, 1997
113
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97065
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - AUTHORIZATION TO PURCHASE ADDITIONAL
ACREAGE AT ROSE OAKS COUNTY PARK (TAX SIDWELL #06-16-100-003, 3.18 ACRES)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS upon recommendation of the Oakland County Parks and Recreation
Commission, the Oakland County Board of Commissioners accepted the grant from the
Michigan Department of Natural Resources (DNR) for the acquisition of property in
Rose Township for the purpose of providing recreational opportunities and
preserving open space for all residents of Oakland County through the adoption of
Miscellaneous Resolution #93055; and
WHEREAS through the subsequent adoption of Miscellaneous Resolution #93055,
Oakland County acquired 599.42 acres of property in Rose Township, enabled by the
grant from the Michigan Natural Resources Trust Fund, for the purpose of
establishing a County park in a section of the County not previously serviced by
the County park system; and
WHEREAS the additional 3.18 acres, including a homestead and outbuildings,
have become available for acquisition and lie adjacent to the park; and
WHEREAS the Oakland County Parks and Recreation Commission has received an
appraisal on the subject property of 3.18 acres; and
WHEREAS the Oakland County Parks and Recreation Commission, through the
Department of Facilities Management, requested authorization to pursue to
negotiate for the purchase of this 3.18 acres and to negotiate with the owners
not to exceed the appraised value; and
WHEREAS the Oakland County Parks and Recreation Commission has set aside
funding for the purchase of the 3.18 acres; and
WHEREAS the Departments of Facilities Management and Corporation Counsel
will review the Offer to Purchase Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Oakland County Parks and Recreation Commission to negotiate the
acquisition of Tax Sidwell #06-16-100-003.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes
its Chairperson to execute the appropriate and necessary documents to conclude
formal negotiations for the acquisition of this property in accordance with
Miscellaneous Resolution #93055.
Chairperson, behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of attachment on file in the County Clerk=s office.
Moved by Palmer supported by Johnson the resolution be adopted.
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97066
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: REQUEST OF A QUIT CLAIM DEED FROM THE COUNTY OF OAKLAND TO THE BOARD OF
OAKLAND COUNTY ROAD COMMISSIONERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland owned excess property identified as Tax
Sidwell Number 05-36-300-008, located in Addison Township, County of Oakland; and
WHEREAS the Oakland County Board of Supervisors quit claimed the County of
Oakland=s interest in this parcel of land to the Oakland County Road Commission
on November 3, 1960, pursuant to Miscellaneous Resolution #3711 of 1960; and
Commissioners Minutes Continued. April 10, 1997
114
WHEREAS the deed contained a power of reverter wherein the property would
revert to the County of Oakland if the Road Commission ceased excavating the
property and removed gravel therefrom; and
WHEREAS the Michigan State Police has deemed it necessary to erect a
communications tower on two acres of said property; and
WHEREAS the Oakland County Road Commission indicated it would convey the
necessary acreage to the State of Michigan for the construction of said
communication tower; and
WHEREAS in the opinion of First American Title Insurance there is an
impediment to the title of said property because of the reverter clause, in that
the Road Commission cannot convey absolute title to said property; and
WHEREAS the proper procedure to remove said impediment is for the County of
Oakland to quit claim any interest they may have in the property without a power
of reverter.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes Oakland County Corporation Counsel to prepare a Quit Claim
Deed, without a reverter, quit claiming all interest in said property to the
Oakland County Road Commission.
NOW THEREFORE BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners directs its Chairperson to execute all necessary documents
consistent with this resolution and hereby authorizes it to take all such
administrative acts as may be necessary to implement this resolution.
Chairperson, I move adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Moved by Palmer supported by Huntoon the resolution be adopted.
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Millard, Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97054
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: PROBATE COURT RENOVATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 1997 Capital Improvement Program includes as the first priority
in the Building Section a project to increase the size of two probate court rooms
and to relieve overcrowded conditions for the public and staff; and
WHEREAS there is 2,100 square feet of unfinished area in the West Wing
Extension which would provide interim relief for these overcrowded conditions;
and
WHEREAS the design and scope of work for the Probate Court improvements is
estimated to be $770,000, inclusive of a 10% contingency, as outlined on the
attached Probate Court Capital Improvement Program, Phases I-VI.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby approve the Probate Court Renovation, as delineated in the attached
Renovation for the Probate Court, dated March 11, 1997.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Probate Court Capital Improvement Project, Phases I-VI and Request
Authorization to Proceed with Renovations for the Probate Court, March 11, 1997
on file in County Clerk=s office.
FISCAL NOTE (Misc. #97054)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: PROBATE COURT RENOVATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. April 10, 1997
115
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1. Resolution authorizes the renovation of unfinished space in the West
Wing Extension of the Courthouse to alleviate the overcrowded
conditions in the Probate Courtrooms.
2. Total cost of the project is estimated at $770,000. The first phase
is estimated at $108,000. A 10% contingency amount ($10,800) is to
be included.
3. Cost for the first phase, in the amount of $118,800, will be paid by
the West Wing Construction Fund.
4. The balance of $651,200, needed to complete the project, is to be
transferred from the Capital Improvement Fund (40100) to the Project
Work Order Fund (40400), to establish the Probate Court Renovation
Project.
FINANCE AND PERSONNEL COMMITTEE
Moved by Palmer supported by Powers the resolution be adopted.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard,
Moffitt, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman,
Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
FISCAL REPORT (Misc. #97042)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS - ADDITIONAL SPACE NEEDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the above-referenced
resolution on March 27, 1997, reports with the recommendation that the resolution
be amended to reword the NOW THEREFORE BE IT RESOLVED paragraph as follows:
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners hereby approves the attached a conceptual building expansion
or renovation to maximize the use of existing space and to meet the
longstanding need for additional space to provide a suitable and
professional facility for the Board of Commissioners.
Chairperson, on behalf of the Finance and Personnel Committee, I move
acceptance of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
REPORT (Misc. #97042)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: BOARD OF COMMISSIONERS - ADDITIONAL SPACE NEEDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on February 24, 1997, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #97042
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: BOARD OF COMMISSIONERS - ADDITIONAL SPACE NEEDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS originally constructed in the 1960's, the Auditorium Wing of the
Courthouse was designed to meet the needs of the Board of Supervisors; and
WHEREAS in the intervening decades, the entire structure and operation of
the legislative branch of County government has been revised by both the Courts
and the Legislature; and
Commissioners Minutes Continued. April 10, 1997
116
WHEREAS with the creation of the Program Evaluation Unit in 1983,
additional space was secured from underutilized space in the Treasurer=s Office
to provide space for the Program Evaluation staff, creating two separate quarters
for the Administrative Unit and Program Evaluation; and
WHEREAS the current office space design is not conducive to efficient daily
operation and there is a total lack of private space for the Commissioners; and
WHEREAS the Planning and Building Committee established a Subcommittee in
1995 to work with Facilities Engineering to produce a plan for additional office,
meeting and work spaces for the Board of Commissioners; and
WHEREAS the attached plan represents the best of that previously designed
plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the attached conceptual building expansion to maximize the use of
existing space and to meet the longstanding need for additional space to provide
a suitable and professional facility for the Board of Commissioners.
BE IT FURTHER RESOLVED that the Board Chairperson will appoint an Ad Hoc
Committee to review the conceptual building expansion and finalize the details
with respect to the revisions for this proposed addition.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Proposed Board of Commissioner=s Alterations Ground Floor/West
Wing - Courthouse on file in the County Clerk=s office.
FISCAL NOTE (Misc. #97042)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: BOARD OF COMMISSIONERS - ADDITIONAL SPACE NEEDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1) The Board of Commissioners is desirous of upgrading and expanding
the office space currently assigned for their private use as well as
for staff support in the Program Evaluation and Operations Analysis
Unit.
2) There exists a conceptual plan from an earlier effort (1995) by a
subcommittee of the Planning and Building Committee for additional
office, meeting and work space for the Board of Commissioners.
3) This resolution calls for the establishment of an Ad Hoc Committee
to review the conceptual building expansion and finalize the details
with respect to the revisions for the proposed expansion.
4) A Professional Services Contract, at an estimated cost of $5,000,
for Architectural Design and Engineering services is needed to
ensure successful pre-design of the proposed office expansion.
5) Funding in the amount of $5,000 for the consultants is available in
the 1997 Capital Improvement Program, Building Section,
Miscellaneous Remodeling line-item.
6) By this resolution and fiscal note, the Board of Commissioners
authorizes the transfer of $5,000 from the Capital Improvement
Program Fund #40100 to the Project Work Order Fund #40400 to
establish the Board of Commissioners= Office Space Expansion
Project.
FINANCE AND PERSONNEL COMMITTEE
Moved by Palmer supported by Garfield the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Garfield the Fiscal Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Commissioners Minutes Continued. April 10, 1997
117
Moved by Palmer supported by Garfield the resolution be adopted.
Moved by Palmer supported by Garfield the resolution be amended to coincide
with the recommendation in the Fiscal Report.
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Commissioner Jacobs called the question.
Vote on resolution, as amended:
AYES: McCulloch, McPherson, Palmer, Pernick, Powers, Schmid, Taub, Wolf,
Amos, Coleman, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Johnson.
(17)
NAYS: Kaczmar, Kingzett, Law, Millard, Moffitt, Obrecht, Devine, Jensen.
(8)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
MISCELLANEOUS RESOLUTION #97067
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: PUBLIC HEALTH WEEK, APRIL 8-13, 1997
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Health Division was the first County Health
Department in Michigan, established in 1926; and
WHEREAS public health programs and services benefit everyone and are
essential ingredients in a strong, successful health care system; and
WHEREAS public health activities protect our citizens from infectious
disease, environmental hazards, chronic diseases and injuries; and
WHEREAS this Board realizes the importance of a County-wide health program
which ensures that all citizens have the opportunity to be healthy people living
in a healthy community in a healthy world.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby declare the week of April 8-13, 1997, as Public Health Week in
Oakland County.
Chairperson, on behalf of the Public Services Committee, I move adoption of
the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Moved by Taub supported by Coleman the resolution be adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey,
Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97068
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - PASARR ANNUAL AGREEMENT WITH THE MICHIGAN
DEPARTMENT OF COMMUNITY HEALTH/OCTOBER 1, 1996 - SEPTEMBER 30, 1997
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health has requested renewal
of the annual agreement regarding "PASARR" (nursing home PreAdmission Screening
and Annual Resident Reviews), which sets out the requirements for each party in
the process; and
WHEREAS "PASARR" evaluations are a requirement of the Federal Nursing Home
Reform Act, commonly referred to as "OBRA" and a condition of the State=s
continued receipt of Medicaid funding; and
WHEREAS the terms of the proposed "PASARR" agreement have been reviewed and
are acceptable to the Administration and Oakland County Corporation Counsel with
Commissioners Minutes Continued. April 10, 1997
118
the minor changes noted in the attached letter; and
WHEREAS the agreement has been approved by the Oakland County Community
Mental Health Services Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached agreement with the Michigan Department of Mental Health
governing nursing home preadmission screening and annual resident reviews, as
modified, with the Michigan Department of Community Health.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Agreement Between The Michigan Department of Community Health and
Oakland County Community Mental Health Services Programs and letter from
Michael D. Blaszczak to David T. Verseput on file in County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #97069
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: EARNED REVENUE CONTRACT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY
HEALTH/OCTOBER 1, 1996 - SEPTEMBER 30, 1997
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Mental Health has requested approval of
"Earned Revenue" contracts with the Oakland County Community Mental Health
Services Board for the periods 10/1/96 to 9/30/97, to provide for reimbursement
of Community Mental Health costs for pre-admissions and continued stay reviews of
inpatient and day hospital services under the State=s Medicaid Managed Care
program; and
WHEREAS approval of these contracts is necessary in order for the revenue
earned by the Board since October 1, 1996 to be received from the Department of
Community Health; and
WHEREAS the terms of the proposed Earned Revenue Contracts have been
reviewed by Oakland County Corporation Counsel and are acceptable to the
Administration; and
WHEREAS this contract has been approved by the Oakland County Community
Mental Health Services Board.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached agreement with the Michigan Department of Mental Health.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Agreement on file in County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #97070
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: OAKLAND COUNTY CHILDREN=S SUMMIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan has, through a multi-agency effort of the
Michigan Human Services Department Directors, promulgated a report dated
February 15, 1995, and known as "Systems Reform for Children and Their Families:
Strategies for Change"; and
WHEREAS many Oakland County Human Services agencies will be holding a
Children=s Summit on June 2 and 3, 1997, with the mission for this first
Children=s Summit being the development and implementation of a plan to insure a
healthy and secure beginning for all of Oakland County=s children from birth to
age six; and
WHEREAS the Oakland County Children=s Summit has received great support
from many family-focused agencies such as Early On, Project Find, Child Abuse and
Commissioners Minutes Continued. April 10, 1997
119
Neglect Council, United Way, Strong Families/Safe Children, and Oakland Schools.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby recognize these committed agencies and the good people who represent
them as they work to ensure the vision of the Children=s Summit -- that Oakland
County be a strong, safe and united community for healthy children and families.
Chairperson, on behalf of the Public Services Committee, I move adoption of
the forgoing resolution.
PUBLIC SERVICES COMMITTEE
Moved by Taub supported by Jacobs the resolution be adopted.
AYES: Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer,
Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas,
Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97055
BY: Public Services Committee, Shelley G. Taub, Chairperson
IN RE: SHERIFF DEPARTMENT - CREATION OF TWO (2) SHERIFF COMMUNICATIONS AGENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff is requesting two additional dispatchers for the
Communications Unit; and
WHEREAS the Communications Unit has had increased work load activity due to
the increase in the number of contracts; and
WHEREAS the Sheriff feels that these positions for dispatch are of a
critical nature to the fire and police community; and
WHEREAS the cost for these positions are being paid for by the communities
that we have under contract; and
WHEREAS the attached Schedule A refers to the breakdown of cost
reimbursement for these positions.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the creation of two (2) Sheriff Communication Agents in the
Communications Unit, Technical Services Division, of the Sheriff=s Department.
BE IT FURTHER RESOLVED that these two positions are authorized through
September 30, 1998. Continuation of the positions beyond September 30, 1998,
will be contingent upon review and recommendation during the 1999 budget process.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Schedule A on file in County Clerk=s office.
FISCAL NOTE (Misc. #97055)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: SHERIFF DEPARTMENT - CREATION OF TWO (2) SHERIFF COMMUNICATIONS AGENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1) The Oakland County Sheriff is requesting two (2) additional
dispatchers for the Technical Services, Communications Unit to be
effective April 12, 1997.
2) The annual costs for these two positions equals $75,900, including
$52,050 for salaries, $22,850 for fringe benefits, $500 for Office
Supplies, and $500 for uniform cleaning.
3) Revenue generated by added patrol contracts has been placed in the
Communications Unit overtime budget to cover the increased work
load.
4) Creation of the two additional dispatchers should reduce the cost of
overtime.
5) The two positions will have a sunset clause of 9/30/98. Financial
performance must be reviewed before the positions are extended into
Commissioners Minutes Continued. April 10, 1997
120
Fiscal Year 1999.
6) In order to fund these two positions, the following transfer of
funds within the Sheriff=s Communications Unit is required:
FROM: FY 1997 FY 1998
4-10100-439-05-00-1002 Overtime ($38,948) ($75,900)
TO:
4-10100-439-05-00-1001 Salaries $26,024 $52,050
4-10100-439-05-00-2077 Fringe Benefits 11,424 22,850
4-10100-432-01-00-4898 Office Supplies 250 500
4-10100-432-01-00-3772 Uniform Clng. 250 500
4-10100-432-01-00-3774 Uniforms 1,000
$38,948 $75,900
$ -0- $ -0-
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by McPherson the resolution be adopted.
AYES: McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick,
Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97057
BY: Public Services Committee, Shelley Taub, Chairperson
IN RE: COMMUNITY MENTAL HEALTH/MSU EXTENSION - ACCEPTANCE OF TOBACCO TAX RESPITE
EXPANSION FUNDS FOR 4-H PROGRAM AND CREATION OF ONE (1) POSITION IN MSU EXTENSION
- OAKLAND COUNTY/4-H
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Mental Health has expanded its tobacco
tax respite funding authorization to Community Mental Health for their 4-H
Program, increasing it by $50,000 for Fiscal Year 1996/1997, October 1, 1996
through September 30, 1997; and
WHEREAS these funds are categorical, and must be expended for respite
services for children with serious emotional disturbance and their families; and
WHEREAS short-term trial collaboration between Oakland County Community
Mental Health and MSU Extension - Oakland County 4-H Youth Program for two week
periods during 1995 and 1996 was found to be successful, with 90 children from
Community Mental Health outpatient Clinics Day Treatment Programs; and
WHEREAS Oakland County Community Mental Health desires to expand the trial
day camp approach to four (4) camp sessions (3-4 days each) spring and summer;
conduct weekend education activities with families to foster planning scheduling
and mentoring skills within the family where chronic difficulties create and
sustain crisis oriented thinking; and
WHEREAS Oakland County Community Mental Health proposes to expand
MSU Extension - Oakland County 4-H Program involvement on a fiscal year basis;
and
WHEREAS the increased demand for service is beyond MSU Extension - Oakland
County=s existing 4-H staff level and requires the creation of one (1) special
revenue Recreation Specialist position; and
WHEREAS the acceptance of this funding obligates Community Mental Health to
matching funds in the amount $5,556 for Fiscal Year 1996/1997.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the additional Tobacco Tax Respite funds from the Michigan Department of
Community Health in the amount of $50,000 for Fiscal Year 1996/1997.
BE IT FURTHER RESOLVED that one (1) special revenue Recreation Specialist
position be created in Public Services/MSU Extension - Oakland County 4-H Unit to
coordinate the program.
BE IT FURTHER RESOLVED that continuation of this program and position will
be contingent upon continued State funding.
Chairperson, on behalf of the Public Services Committee, I move adoption of
the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Commissioners Minutes Continued. April 10, 1997
121
FISCAL NOTE (Misc. #97057)
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: COMMUNITY MENTAL HEALTH/MSU EXTENSION - ACCEPTANCE OF TOBACCO TAX RESPITE
EXPANSION FUNDS FOR 4-H PROGRAM AND CREATION OF ONE (1) POSITION IN MSU EXTENSION
- OAKLAND COUNTY/4-H
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above-referenced resolution and finds:
1. The Michigan Department of Community Health has expanded its tobacco
tax respite funding authorization to Community Mental Health for
their 4-H Program, increasing it by $50,000 for the fiscal year
operating from October 1, 1996 through September 30, 1997.
2. These funds are categorical, and must be expended for respite
services for children with serious emotional disturbance and their
families.
3. The increased demand for service is beyond MSU Extension - Oakland
County=s existing 4-H staff level and requires the creation of one
(1) special revenue Recreation Specialist position.
4. The acceptance of this funding obligates Community Mental Health to
matching funds in the amount $5,556 for Fiscal Year 1996/1997.
5. The Fiscal Year 1997 Budget is amended as follows:
CMH FUND (22297)
Revenue: FY 1997
3-22297-558-71-00-2589 State Matching Payment $50,000
3-22297-558-71-00-8101 County (CMH) Match 5,556
Sub-Total Revenues $55,556
Expenditures:
4-22297-558-71-00-3042 Client Services $55,556
Sub-Total Expenditures $55,556
Total $ 0
General Fund (10100)
Revenue:
3-10100-175-01-00-2340 Miscellaneous $55,556
Expenditures:
4-10100-175-01-00-1001 Salaries $12,663
4-10100-175-01-00-2070 Fringe Benefits 5,559
4-10100-175-01-00-3128 Professional Services 37,334
$55,556
$ 0
FINANCE AND PERSONNEL COMMITTEE
Moved by Taub supported by Dingeldey the resolution be adopted.
AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Pernick, Powers,
Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #97071
BY: David L. Moffitt, District 18; Thomas Law, District 13; Dennis Powers,
District 10; Don Jensen, District 15; Frank H. Millard, District 4; Donn Wolf,
District 19
IN RE: CENTRAL SERVICES - RADIO COMMUNICATIONS - STUDY OF COUNTY-WIDE 800 MHZ
DIGITAL TRUNKING COMMUNICATION FOR OUTSIDE AGENCIES - PUBLIC SAFETY
COMMUNICATIONS/TECHNOLOGY TASK FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS through Miscellaneous Resolutions #94030 and #94359, the Oakland
County Board of Commissioners established the policy for use of the 800 MHz radio
system by outside agencies; and
Commissioners Minutes Continued. April 10, 1997
122
WHEREAS the policy authorizes Radio Communications to rent 800 MHz two-way
communication radios to public safety agencies provided: 1) system capacity
exists; 2) the Sheriff's Department handles the dispatch services for the agency,
or the public safety agency desires mutual aid communications with the County and
that the use of radios under this provision be limited to mutual aid
communications; and 3) the public agency may be removed with 120 days notice
should the County need the system capacity in the future; and
WHEREAS the radio system was expanded from 10 to 14 channels in 1995 to
accommodate emergency medical communications, County growth and other public
safety agencies; and
WHEREAS the Radio Oversight Committee, established by Miscellaneous
Resolution #91247, previously recommended amending the policy to allow outside
public safety agencies to rent 800 MHz two-way radios free of dispatching or
mutual aid communications restrictions; and
WHEREAS according to the Oakland County Association of Chiefs of Police, as
articulated before the Board on April 10, 1997, there exists a need for public
safety agencies to be able to have common communication frequecies so, for
example, when situations such as the Wixom Ford Plant shooting occurred,
involving up to 13 different public safety agencies simultaneously, all involved
law enforcement personnel can be aware of the others needs, actions and progress;
and
WHEREAS a unified system of public safety agency communication could
interface with the 800 MHz digital trunking communication system being developed
by the Michigan State Police; and
WHEREAS technology and communication coordination between county public
safety agencies may best be accomplished with the cooperation and advice of
county-wide law enforcement agencies, and using the facilities of the county to
research, plan, make recommendations and coordinate proposed implementation of
common communication policy for public safety agencies in the county.
WHEREAS there exists other issues concerning the current state of law
enforcement technology and applicable standards for public safety agencies that
require study and would benefit from policy coordination.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners will
study the need for unified public safety agency communication in Oakland County.
BE IT FURTHER RESOLVED that upon study and development of appropriate
recommendations and policy, that the County facilitate the unification of public
safety agency communication in the County on a 800 MHz digital trunking system,
or similar single state-of-the-art standard.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of
Commissioners appoint a Task Force similar in nature to the previous Radio
Oversight Committee, to study public service agency communication needs, law
enforcement related technology developments, and the existing state of public
safety agency equipment and standards in the county, and make appropriate
recommendations regarding their enhancement and implementation.
Chairperson, we move the adoption of the foregoing resolution.
David L. Moffitt, Dennis N. Powers,
Frank H. Millard, Thomas A. Law,
Donn L. Wolf, Don Jensen,
Dan Devine, Jr., Ruel E. McPherson,
Eugene Kaczmar, Lawrence Pernick,
Eric Coleman, Gilda Z. Jacobs,
JoAnne Holbert
The Chairperson referred the resolution to the Public Services Committee.
There were no objections.
Moved by Millard to suspend the rules for immediate consideration of a
resolution titled - RETIREMENT BOARD - INCREASE IN RETIREES PAYMENT.
Chairperson McCulloch deemed Commissioner Millard=s motion out of order and
recommended the resolution be discharged from committee.
Commissioner Millard appealed Chairperson McCulloch=s decision.
Commissioners Minutes Continued. April 10, 1997
123
Chairperson McCulloch stated a AYES@ vote would overturn his decision and a
ANO@ vote would not and that a three fifth (3/5th) vote of the members present
and voting would be necessary to appeal the Chairperson=s decision.
Vote on appeal:
AYES: Millard, Moffitt, Obrecht, Kingzett, Law, McPherson. (6)
NAYS: Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
McCulloch. (19)
A sufficient majority not having voted therefor, the motion failed.
Commissioner Millard introduced the following resolution for referral.
MISCELLANEOUS RESOLUTION #97072
BY: Frank H. Millard, Jr., Commissioner, District 4
IN RE: RETIREMENT BOARD - INCREASE IN RETIREES PAYMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Retirement Board recommends an increase in the compensation
rates for former employees and beneficiaries of former employees who retired
prior to August 1993; and
WHEREAS the recommended increase, which is detailed on the attached
schedule, ranges from .5% of the annual benefit for those employees and/or
beneficiaries of employees who retired from 1990 to August 1993, to 5% of the
annual benefit for those employees and beneficiaries of employees who retired
prior to 1975; and
WHEREAS it is estimated that the total cost for this increase will cost
approximately $1,245,751.00, which amounts to a first year payout of
approximately $120,000.00 decreasing annually thereafter and that it has been
determined that sufficient funds are available in the Retirement Fund to cover
this recommendation; and
WHEREAS the Oakland County Board of Commissioners, wishing to acknowledge
the years of valuable service given by those who are to benefit from this
resolution and to assure, within fiscally reasonable bounds, that the welfare of
those who have contributed their working lives to the betterment of Oakland
County is a concern of the Board and that these persons be allowed to share, in a
relatively small way, the increase in wealth, that this County has enjoyed, in
part and as a result of the contributions made to this County by those former
employees.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the Retirement Board=s recommendation to grant an increase in the
compensation rates to employees and/or beneficiaries of employees who retired
prior to August 1993, as detailed on the attached schedule.
BE IT FURTHER RESOLVED that the cost of this increase be paid from the
Retirement Fund.
Chairperson, on behalf of the undersigned, I move adoption of the foregoing
resolution.
Frank H. Millard, Jr.,
District 4
Copy of schedule on file in County Clerk=s office.
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #97073
BY: Commissioner Nancy Dingeldey, District #11
IN RE: BOARD OF COMMISSIONERS - (OPPOSE) MICHIGAN ASSOCIATION OF COUNTY
TREASURERS= DRAFT LEGISLATION TO CHANGE PROPERTY TAX LAWS REGARDING THE
COLLECTION OF DELINQUENT PROPERTY TAXES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Association of County Treasurers has developed draft
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124
legislation outlining proposed changes in the State of Michigan=s Property Tax
Laws, more specifically delinquent taxes; and
WHEREAS this proposal would create undue hardship for many citizens of
Oakland County by shortening the redemption period for unpaid property taxes; and
WHEREAS properties would be taken off the tax rolls sooner under this
proposal, and possibly remain off the tax rolls longer, depriving the taxing
jurisdictions of tax revenues; and
WHEREAS this proposal is ambiguous and offers no clear plan for
implementation or administration by the State of Michigan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby states its opposition to the proposal of the Michigan County Treasurers
Association to change the system of collecting delinquent taxes in the State of
Michigan, and directs the County Clerk to send certified copies of this
resolution to the Michigan Association of Counties, the Michigan Association of
County Treasurers, the Oakland County Treasurer, and Oakland County=s state
legislators.
Chairperson, I move the adoption of the foregoing resolution.
Nancy Dingeldey,
District #11
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
In accordance with Rule XXII, the Chairperson made the following referrals:
GENERAL GOVERNMENT
a. Iron County Board of Commissioners - Promotion of the Black-Capped
Chickadee for the Official State Bird
PUBLIC SERVICES
a. City of Madison Heights - Support Public Act 29 - 9-1-1 Service Fee
There were no objections to the referrals.
The meeting adjourned at 11:05 A.M. to the call of the Chair or
April 24, 1997 at 9:30 A.M.
LYNN D. ALLEN JOHN McCULLOCH
Clerk Chairperson