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HomeMy WebLinkAboutResolutions - 2011.09.22 - 18740REQUEST TO SUSPEND THE RULES FOR IMMEDIATE CONSIDERATION MISCELLANEOUS RESOLUTION #11231 BY: Commissioner Jim Runestad, District #6 IN RE: BOARD OF COMMISSIONERS - REQUEST FOR ADDITIONAL $97,65.0 LOAN FROM THE LONG TERM REVOLVING FUND FOR CONTRUCTION OF THE LAKE NEVA LAKE LEVEL CONTROL STRUCTURE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS Lake Neva is an inland lake located in the Charter Township of White Lake, County of Oakland, State of Michigan, and WHEREAS the lake level is regulated, among other things, by a stand pipe structure ("lake level structure") that is in serious need of repair and/or replacement, and WHEREAS the Michigan Department of Environmental Quality has indicated that the lake level structure poses a substantial risk of failure which poses a risk to people and property, and WHEREAS MR4 02019 established a Long Term Revolving Fund to assist in financing water and sewer projects, and WHEREAS MR* 11173 approved a loan from the Long Term Revolving Fund not to exceed $150,000 for the design and repair of the Lake Neva lake level control structure, and WHEREAS the total cost estimate for the project is now $247,641, and WHEREAS MR# 02019 limits Long Term Revolving Fund loans to $150,000 and an exception is being requested to authorize an additional loan to the Lake Neva project in the amount of $97,650, and WHEREAS the Charter Township of White Lake ("Township") intends to establish a special assessment district in accordance with 1954 PA 188, as amended and its charter to make the necessary repairs to the lake level control structure and agrees to pledge the full faith and credit of the Township for the prompt repayment of the principal and interest of the loan from the County. NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners as follows: 1. The County Board of Commissioners authorizes an additional $97,650 to the loan previously approved in the amount of $150,000, for a total of $247,650, pursuant to MR4 11173. Said addition shall not exceed $97,650 from the County's Long Term Revolving Fund to the Charter Township of White Lake with an annual interest rate to be determined in accordance with County policy at the time the funds are disbursed for the costs associated with the administration, legal proceedings, design and repair of the lake level control structure for Lake Neva_ 2. The loan shall be applied to all costs for administration, legal proceedings, design and repair of the Project. 3. The loan with applicable interest shall be paid in full and shall be assessed against the Township in five (5) annual installments beginning with the 2012 tax year. 4. The Chairperson is authorized to execute the agreement between the County and the Charter Township of White Lake, in the form recommended and approved. by Corporation. Counsel with terms and conditions necessary for repayment of the loan provided herein. BE IT FURTHER RESOLVED that no funds will be distributed from the Long Term Revolving Fund until after the appropriate Special Assessment District is legally established. Chairperson, I move the foregoing resolution. Jim Runestad, District 6 WATER RESOURCES COMMISSIONER Water Resources Commissioner — John McCulloch, Ext. 8-0968 WRC Insurance Administrator - Joseph Colaianne, Ext. 2-2027 Financial Analyst — Leo Lease, Ext. 8-0971 BOARD OF COMMISSIONERS — REQUEST FOR ADDITIONAL $97,650 LOAN FROM THE LONG TERM REVOLVING FUND FOR CONSTRUCTION OF THE LAKE NEVA LAKE LEVEL CONTROL STRUCTURE Initiated by the Board of Commissioners. Resolution authorizes the Lake Neva Lake Level Control Structure Project an additional loan amount of $97,650 from the Long-Term Revolving Fund. Miscellaneous Resolution 11173 approved $150,000 for the Lake Neva Lake Level Control Structure but the estimated cost came in higher than anticipated; requiring that the loan be increased by $97,650 for a total loan not to exceed $247,650. An exception is being requested in this case to exceed the $150,000 loan limit established in MR #02019 and request a loan for the amount not to exceed $247,650. Also, MR #89276 states that an interest rate no less than the prevailing six-month Treasury Bill rate should be charged. The six-month Treasury Bill rate is quite a bit lower than the average interest rate from the Treasurer's pooled investments and therefore the rate to be charged will be the last published Treasurer's pooled investment average monthly rate for the month of August 2011 is 1.121%. The loan amount and applicable interest rate repayment will come from a 5 year special assessment roll established by the Charter Township of White Lake for this project. No budget amendment is required. County Executive Recommendation - Approve Fiscal Note. FISCAL NOTE BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — REQUEST FOR ADDITIONAL $97,650 LOAN FROM THE LONG TERM REVOLVING FUND FOR CONSTRUCTION OF THE LAKE NEVA LAKE LEVEL CONTROL STRUCTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes an additional $97,650 loan from the Long-Term Revolving Fund for the Lake Neva Lake Level Control Structure Project. 2. The County Board of Commissioners previously approved $150,000 for the Lake Neva Lake Level control structure pursuant to Miscellaneous Resolution #11173, an additional $97,650 is necessary to complete the project for a loan amount that shall not exceed $247,650. 3. Miscellaneous Resolution No. 02019 authorized that monies be made available for loans to local units for amounts up to $150,000 and exception is being requested to authorize a loan to the Charter Township of White Lake for Lake Neva Lake Level Control Structure in an amount not to exceed $247,650. 4. The full repayment of the loan, with applicable interest, will come from the 5 year special assessment roll prepared by the Charter Township of White Lake. 5, None of the $150,000 loan amount previously authorized in Miscellaneous Resolution #11173 has been released to the project to date; therefore applicable interest charges will be based on the updated total loan amount of $247,650. 6. Also, Miscellaneous Resolution #89276 states that an interest rate no less than the prevailing six- month Treasury Bill rate should be charged. The six-month Treasury Bill rate is quite a bit lower than the average interest rate from the Treasurer's pooled investments and therefore the rate to be charged will be the last published Treasurer's pooled investment average monthly rate for the month of August 2011 is 1.121%, 7. Funding is currently available in the Long-Term Revolving Fund to issue a loan in the amount of $247,650 for the Lake Neva Lake Level Control Structure Project. 8. No budget amendment is required. Resolution #11231 September 22, 2011 Moved by Runestad supported by Middleton to suspend the rules and vote on Miscellaneous Resolution #11231 — Board of Commissioners — Request for Additional $97,650 Loan From the Long Term Revolving Fund for Construction of the Lake Neva Lake Level Control Structure. Vote on motion to suspend the rules: AYES: Hoffman, Long, Matis, Middleton, Nuccio, Potts, Runestad, Scott, Taub, Weipert, Bosnic, Dwyer, Gingell, Gosselin. (14) NAYS: Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey, Gershenson, Greimel, Hatchett. (10) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #11231 - Request for Additional $97,650 Loan From the Long Term Revolving Fund for Construction of the Lake Neva Lake Level Control Structure carried. Discussion followed. Moved by Runestad supported by Middleton the resolution be adopted. AYES: Long, Matis, Middleton, Nuccio, Potts, Runestad, Scott, Taub, Weipert, Bosnic, Covey, Dwyer, Gingell, Gosselin, Hoffman. (15) NAYS: Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Gershenson, Greimel, Hatchett. (9) A sufficient majority having not voted in favor, the resolution failed.