HomeMy WebLinkAboutResolutions - 2017.09.06 - 23102MISCELLANEOUS RESOLUTION #17243
August 23, 2017
BY: William Dwyer, Chairperson, Public Services Committee
IN RE: PUBLIC SERVICES DEPARTMENT — ANIMAL SHELTER AND PET ADOPTION CENTER —
ACCEPTANCE OF DONATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in current times, many people have become more enlightened and concerned about the fate
and welfare of animals that come into contact with public animal shelters; and
WHEREAS in Oakland County, we are extremely fortunate to have compassionate residents that give
generously to the Oakland County Animal Shelter and Pet Adoption Center's Legacy Fund and support its
efforts to provide the highest quality service and humane treatment to the animals entrusted to the care of
the Oakland County Animal Shelter and Pet Adoption Center; and
WHEREAS Mr. Alexander Bzenko, a kind and generous person who was concerned about animals
wellbeing; and
WHEREAS Mr. Bzenko wanted to assist the Shelter in continuing its work for the protection and
preservation of animals and had established a generous legacy to continue the humane support of
animals into the future; and
WHEREAS Mr. Bzenko's wishes are provided for in his living trust, in which provided the Oakland County
Animal Shelter and Pet Adoption Center with a payment of $25,000.00; and
WHEREAS MR. #83204 requires that gift donations with a value of $10,000 or more, with no match or
other financial obligations to the county , be reviewed by the department's/division's liaison committee,
acknowledged by the Board of Commissioners by signed resolution, accounted for in the appropriate
departmental donation account, and recorded as a general fixed County asset.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners acknowledges
the generous gift of $25,000.00 bequeathed by Mr. Bzenko to the Oakland County Animal Shelter and
Pet Adoption Center.
BE IT FURTHER RESOLVED that the donation will be accounted for in the Oakland County Animal
Shelter and Pet Adoption Center's Legacy Fund.
Chairperson, on behalf of the Public Services Committee, I mitwe the Ooption of the foregoing resolution.
Commissioner William Dwyer, District #14
Chairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Dwyer absent.
Your Cbdienge.,.Our Solution,
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July 12, 2017
Oakland County Animal Control
And Pet Adoption Center
1700 Brown Road
Auburn Hills, Michigan 48326
Re: Alexander Bzenko Revocable Trust dated September 24, 2003
To Whom It May Concern:
I am the attorney for Claire H. Levy, Trustee of the Alexander Bzenko Revocable Trust
dated September 24, 2003, as amended. Alexander Bzenko died on May 18, 2017.
Before Alexander Bzenko's death, he was the Co-Trustee of the Alexander Bzenko
Revocable Trust. You are named in the Trust as a beneficiary. My review of the Trust
indicates that you are a specific beneficiary of the Trust. I am enclosing a check for
$25,000.00, which represents Oakland County Animal Control and Pet Adoption
Center's portion of the Trust, along with a copy of the Alexander Bzenko Revocable
Trust which shows the amount left to Oakland County Animal Control and Pet Adoption
Center.
Oakland County Animal Control and Pet Adoption Center may disclaim any asset
designated to pass to them, as well as the right to disclaim any rights they have under
the trust, in whole or in part. If Oakland County Animal Control and Pet Adoption Center
disclaims any interest, it will pass as if they had predeceased Alexander Bzenko. Seek
independent advice if Oakland County Animal Control and Pet Adoption Center is
considering filing a disclaimer. Any disclaimer must be completed within nine months of
the date of death. Note Oakland County Animal Control and Pet Adoption Center may
not exercise any control or ownership right in the asset before making the disclaimer.
Please advise me immediately whether you are considering a disclaimer.
Oakland County Animal Control
And Pet Adoption Center
July 12, 2017
Page Two
Note I do not represent the interests of any one beneficiary. Oakland County Animal
Control and Pet Adoption Center's may wish to obtain counsel to advise them with
questions they have regarding the Trust and their rights under it. I will cooperate with
your counsel and will give you whatever information Oakland County Animal Control
and Pet Adoption Center has a right to receive.
If you have any questions, please contact me.
Very truly yours,
MJB/co
Enclosures
cc: Clair H. Levy, Trustee
2.
AMENDMENT TO THE
ALEXANDER BZENKO REVOCABLE LIVING TRUST
Pursuant to the powers reserved to me, Alexander Bzenko, of 694 S. Rochester Road,
Rochester Hills, Oakland County, Michigan, as Trustor in the "ALEXANDER BZENKO
REVOCABLE LIVING TRUST, dated September 24, 2003, between myself and
Alexander Bzenko, of 694 S. Rochester Road, Rochester Hills, Oakland County,
Michigan, as Trustee, I amend that trust agreement in the following respects:
Section I
Cancellation and Substitution of Provision
Section IV is cancelled and is of no 'further effect:, In lieu of the cancelled provision, the
following is substituted:
Section IV
Disposition of Income and Principal
After paying the necessary expenses incurred in the management and investment of
the trust estate, including compensation of Trustee for Trustee's own services, Trustee
will pay the net income of the trust and distribute the principal of the trust in the
following manner:
First, the Trustee will pay to or transfer assets as follows:
3.
4.
5.
6.
7,
8.
10.
9.
ESEE EMI
12.
13.
11. The Oakland County Animal Control, located e 1700 Brown Road, Auburn Hills,
Michigan 48326, shall receive the sum of Twenty Five Thousand ($25,000.00)
Dollars, provided that the Oakland County Animal Control facility is still operating
at the time of my death. If the Oakland County Animal Control is not operating at
the time of my death, then the Trustee will pay to or transfer those assets for the
benefit of Claire Hope Levy, who resides at 524 North Marshall Avenue,
Marshall, Calhoun County, Michigan, provided she survives me.
• Section II
Successor Trustee
Section X is amended as follows:
Delegation of Powers. Trustee may delegate to a Co-Trustee, from time to time, any of
the powers under this Agreement, except that no power to invade principal for a Co-
Trustee's benefit may be delegated to him/her.
Appointment of Co-Trustee. Claire Hope Levy, who resides at 524 North Marshall
Avenue, Marshall, Calhoun County, Michigan, is hereby designated as Co-Trustee, with
all of the rights, duties and powers herein created in and conferred upon the Trustee,
along with Alexander Bzenko.
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Section X (a) is amended as follows:
(a) Death of Both Co-Trustees. Upon the death of both Co-Trustees, or either Co-
Trustees inability to act as Trustee for any reason whatsoever, Robert Levy, who
resides at 524 North Marshall Avenue, Marshall, Calhoun County, Michigan, is hereby
designated as Successor Trustee, with all of the rights, duties and powers herein
created in and conferred upon the Trustee and/or Successor Trustee.
Section III
Incontestability Provision
It is Trustor's intent to add a Section to the Trust indicating the following:
The Trustor has made this Trust Agreement after careful consideration. The Trustor
knows what property the Trustor owns, and the Trustor knows who the Trustor's family
members, loved ones and intended beneficiaries are. This Trust Agreement provides
for the Trustor's property and for the Trustor's designated beneficiaries as the Trustor
intends. Except as provided by this Trust Agreement, by the Trustor's Will, and by any
other governing instrument created by the Trustor, the Trustor intentionally has made
no provision for any other person who might claim to be the Trustor's heir, devisee, or
beneficiary. The beneficial provisions of the Trustor's Will, this Trust Agreement, and
any other governing instrument are intended to be in place of any other rights, claims,
or interests which any heir, devisee or beneficiary may have against or in the Trustor's
estate or the assets held under any Trust Agreement or other governing instrument
created by the Trustor. If any such person shall assert any claim (except a legally
enforceable debt) or other election or right against the Trustor's estate or against any
assets held under any Trust Agreement or other governing instrument created by the
Trustor (other than pursuant to the express terms of the Will, Trust Agreement, or other
governing instrument), or directly or indirectly contest, attack or seek to impair the
validity of the Trustor's Will, this Trust Agreement, or any other governing instrument
signed by the Trustor, then the Trustor specifically disinherits each such person who
may be an heir, and directs that any devise, gift or other provision for such person,
whether an heir or other beneficiary, as well as such person's descendants, shall be
forfeited and shall add proportionately to the shares of the Trustor's estate passing
under the Trustor's Will, this Trust or under any other governing instrument for such
devisees and beneficiaries who shall not have participated in such proceedings or for
their descendants. The foregoing shall not be construed to apply to any disclaimer or to
any proceeding solely for the construction of the Trustor's Will, this Trust Agreement, or
any other governing instrument nor to limit the appearance of an heir, devisee or
beneficiary as a witness in any proceeding involving the Trustor's Will, this Trust
Agreement, or any other governing instrument. This provision is included in this Trust
Agreement to prevent any individual from frustrating the Trustor's intentions and from
initiating, prosecuting, aiding or abetting any litigation, whether or not in good faith, that
would cause my intentions to be frustrated.
4
Signed, sealed and delivered in the presence of:
Alexander Bzenko, Trustor ichael J. Billa
Section IV
Right to Amend or Revoke Prior Amendment
The right to amend or revoke the above amendment in whole or in part is reserved.
In all other respects, I ratify and confirm the provisions of the ALEXANDER BZENKO
REVOCABLE LIVING TRUST, dated September 24, 2003.
In witness, I have executed this amendment of the above-referenced trust agreement at
873 W. Avon Road, Rochester Hills, Oakland County, Michigan, on this 7 th day of June, 2013.
STATE OF MICHIGAN)
COUNTY OF OAKLAND) ss.
On this 7' day of June, 2013, before me personally appeared Alexander Bzenko to me
known to be the person described in and who executed the foregoing instrument, and
acknowledged that he executed the same as his free act and deed.
ichael J. Ballah, Itiotdal Public
State of Michigan, County of Oakland
My Commission Expires: February 12, 2018
Acting in the County of Oakland
5
ACCEPTANCE OF TRUST BY ALEXANDER BZENKO
Received and accepted by Alexander Bzenko, Co-Trustee, on this 7 th day of June, 2013.
•
Michael J. Bali n '
STATE OF MICHIGAN)
COUNTY OF OAKLAND) ss.
On this 7th day of June, 2013, before me personally appeared Alexander Bzenko to me
known to be the person described in and who executed the foregoing instrument, and
acknowledged that he executed the same as his free act and deed.
'6hael J. BalranNot Public
State of Michigan, County of Oakland
My Commission Expires: February 12, 2018
Acting in the County of Oakland
6
14col-11-..JLJu!
ACCEPTANCE OF TRUST BY CLAIRE HOPE LEVY
Received and accepted by Claire Hope Levy, Co-Trustee, on this 7th day of June, 2013.
NOTARY JURAT
STATE OF MICHIGAN) -
COUNTY OF OAKLAND) ss.
On this 7th day of June, 2013, before me personally appeared Claire Hope Levy to me
known to be the person described in and who executed the foregoing instrument, and
acknowledged that she executed the same as her free act and deed.
Michael J. Balian, 'Notary Public
State of Michigan, County of Oakland
My Commission Expires: February 12, 2018
Acting in the County of Oakland
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Resolution #17243 August 23, 2017
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #17243) September 6, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: PUBLIC SERVICES DEPARTMENT — ANIMAL SHELTER AND PET ADOPTION CENTER —
ACCEPTANCE OF DONATION
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. Resolution authorizes the acceptance of a donation in the amount of $25,000 from the Estate of
Alexander Bzenko.
2. The monies will be received in the Animal Shelter Legacy Fund (21310-9010101-114110-
650301), which is periodically used for purchase of cages, equipment, improvements, educational
material for residents and school children, and medical care for the adoption of animals.
3. The donation is in accordance with Miscellaneous Resolution #83204, Procedure for Acceptance
of a Gift Donation from Private Sources, as adopted July 14, 1983.
4. No budget amendment is required.
ommissioner Thbmas Middleto -91strict #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #17243 September 6, 2017
Moved by KowaII supported by Bowman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
1 HOW
APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY. EXECUTIVE
ACTING PURSUANT TO MCI, 45.559A k7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 6,
2017, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 6th day of September, 2017.
Lisa Brown, Oakland County