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HomeMy WebLinkAboutResolutions - 2002.09.19 - 26993• MISCELLANEOUS RESOLUTION #02209 BY: Commissioners Tom Middleton, District #4; Fran Amos, District #5 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF WATERFORD - FISCAL YEAR 2002 ALLOCATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners established an Environmental Infrastructure Funds and Disbursement Policy per Miscellaneous Resolution #99093 in an effort to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS pursuant to the Disbursement Policy, the Township of Waterford has submitted a resolution of authorization to the County for reimbursement of expenses incurred in connection with an eligible environment remediation of improvement project; and WHEREAS the Township of Waterford is requesting reimbursement for expenses directly related to numerous sanitary sewer projects; and WHEREAS authorized funding for FY 2002 for the Township of Waterford is $262,893.19 from the Environmental Infrastructure Fund as repayment to the Township of Waterford for expenses incurred in connection with the sanitary sewer projects. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the project submitted by the Township of Waterford as eligible for reimbursement from the Environmental Infrastructure Fund. BE IT FURTHER RESOLVED that the Board authorizes a FY 2002 appropriation in the amount of $262,893.19 from the Environmental Infrastructure Fund (Account #90-263229-41000-3985) to repay the Township of Waterford for expenses incurred in connection with sanitary sewer extension projects, once proper invoices are presented. Chairperson, I move the adoption of the ;.oregoing resolution DEPARTMENT OF PUBLIC WORKS Terry E. Biederman, P.E. Director Tom Coburn, Superintendent Water &Sewer Keith Wheeler, Superintendent Facilities & Operations BOARD OF TRUSTEES Carl W. Solden, Supervisor Betty Fortino, Clerk Dee A. Minton, Treasurer Paul Deni, Trustee Todd Fox, Trustee David Maloney, Trustee Bette O'Shea, Trustee WATELNOQD A CHAQTE12 TOWN6HIP 5240 Civic Center Drive Waterford, Michigan 48329 Telephone: (248) 674-2278 • Fax: (248) 674-8658 August 5, 2002 Attn: Mr. Thomas Ott- Manager Oakland County Fiscal Services Division 1200 N. Telegraph Road Pontiac, MI 48341 RE: Environmental Infrastructure Fund Reimbursement Program Dear Mr. Ott: Pursuant to the Oakland County Board of Commissioners Miscellaneous Resolution (MR) 99093, the Charter Township of Waterford (Township) hereby requests reimbursement under the Oakland County Environmental Infrastructure Fund Program for expenses incurred in connection with eligible remediation or improvement projects undertaken by our Township. Per the program outline, it is our understanding the Township is eligible to receive approximately $262,894 per year from 1999 to 2003. Accordingly, total funds available through 2002 should be approximately $1,051,576. Projects currently being undertaken by the Township that have already received partial reimbursement of funds and that you already have Official Board Resolution Meeting Minutes for are as follows: 1. McDowell Drive Sanitary Sewer Extension. This project will extend sanitary sewer along McDowell Drive from McCormick Drive to approximately 750 feet south and provide service for six (6) existing residences located on McDowell Drive. McDowell Drive extends along a peninsula surrounded by Scott Lake and its' adjacent wetland. The existing residences are served by septic systems that are subject to submergence by fluctuations in the elevation of Scott Lake. The As Bid cost for this project is $120,470 and does not include engineering and inspection costs which will be added to the fmal cost. 2. Lochaven Road Sanitary Sewer Extension. This project will provide sanitary sewer for three (3) existing residences located on Lochaven Road south of Cooley Lake Road. The existing septic systems currently serving these residences are located in wetlands and one of these systems has already failed. The project is being included with an existing sanitary sewer project on Lochaven Road north of Cooley Lake Road and has been contracted to cost $50,000 by the existing Contractor, Mago, Incorporated. This does not include engineering and inspection costs which will be added to the final cost. 3. Williams Lake Road Sanitary Sewer Extension. This project will provide sanitary sewer service for five (5) existing commercial properties located along Williams Lake Road between Pontiac Lake Road and M-59. These properties are partially in wetlands that are hydraulically connected to Pontiac Lake. The commercial businesses located on these properties are currently served by septic systems that are subject to submergence by changes in the water level of the wetland. The estimated construction cost cost of this project is $178,900 and does not include engineering and inspection costs which will be added to the final cost. 4. Lochaven Road Water Main Extension. This project will provide Water main for three (3) existing residences located on Lochaven Road south of Cooley Lake Road. The existing private wells currently serving these residences are failing and need to be replaced. The project is being included with an existing sanitary sewer project on Lochaven Road north of Cooley Lake Road and has been contracted to cost $41,000 by the existing Contractor, Mago, Incorporated. This does not include engineering and inspection costs which will be added to the final cost. 5. Lakewood Lift Station Modifications. This project will replace the existing 953 feet 4-inch force main exiting the station with a 6-inch force main and replace the smaller original pump with a comparable sized Vaughn Chopper pump to better match the existing new larger pump in the station. The result of these improvements would be to increase the firm pumping capacity of the station from approximately 136 gallons per minute (GPM) to 260 GPM as a result of less friction losses in the new 6 inch force main. It also proposes raising and waterproofing fourteen (14) manholes along Baybrook Street, which are currently located in the bottom of the ditch line and below ground elevation. This will reduce the amount of inflow into the collection system leading to the Lakewood Pumping Station and reduce the total volume of water to be pumped. The estimated cost for this project is $84,625. 6. Tilden and Calvert Lift Stations Modifications. This project will increase the size of all pumps at each station and will enable them to effectively convey at least the quantifiable volume of water observed during the September 10 th and 11 th heavy rain events of last summer. It also proposes extending the existing 16-inch force main exiting the stations approximately 1000 feet to the north to lower the hydraulic gradeline in the gravity sanitary sewer system near Elizabeth Lake Road. This will prevent basement flooding in this area. It also proposes protecting the Tilden Lift Station from storm water inundation with the installation of a barrier that would surround the immediate site. This will greatly reduce the amount of water volume the station has to pump during these types of events. It also proposes the installation of new flow meters at each station and is required on lift stations with pumping capacities of 1200 GPM or more. These meters will provide valuable information as to the pumping status and condition of the stations. The estimated cost for this project is $320,000. 7. Grinnell Lift Station Modifications. This project proposes extending the existing 6 inch force main exiting the Grinnell Lift Station approximately 500 feet to a discharge point on Parkway north of the intersection of Goethe, Larchmont and Parkway and construction of a duckbill check valve manhole and a manhole containing a pump on Parkway north of Goethe, Larchmont and Parkway. The construction of the duckbill and pump manhole will allow dry weather flow to pass through under normal conditions from Fullerton, Oak, Larchmont, Denver and Goethe. In conditions of surcharging, such as in a heavy rain event, the duckbill will close on Parkway and not allow flow from the system downstream to backup into the Fullerton, Oak, Larchmont, Denver and Goethe service areas. The pumping manhole will then discharge flow from these areas into the downstream sewer to prevent these areas from flooding. The estimated cost for this project is $92,750. 8. Pontiac Creek Extension Drain Repair. Remove and relay approximately 850 ft of enclosed drain-pipe that had failed including restoration. This repair was necessary to eliminate flooding in the area served by the drain. An additional project was approved by the Township Board at their April 22, 2002 meeting and is outlined as follows: 1. Dorothy Lane Sanitary Sewer Extension. This project will install approximately 993 lineal feet of 8" sanitary sewer and appurtenances along Dorothy Lane. This extension will provide sanitary sewer service to residents on the East Side of Dorothy Lane and prevent future septic field problems in the area. The estimated cost for this project is $134,000. Attachment A contains a copy of the Township Board resolution authorizing reimbursement for the project listed above for your reference. Attachment B contains expense invoices for all of the above projects as incurred since the previous submittal that the Township is seeking to be reimbursed on. As mentioned in the descriptions above, these projects are in various stages of completion and additional costs will be submitted for them as milestones are reached. The Township understands the review and processing of this reimbursement request will be governed by the provisions of MR 99093, and certifies that all expenses submitted for reimbursement were incurred in connection with a qualifying remediation or improvement project. As such, the Township is seeking for reimbursement in the amount of $282,916.92 at this time. If you have any questions or comments, please feel free to contact me by phone at the above number or by e-mail. My e-mail address is tbiederm@twp.waterford.mi.us . Sincerely, (x Te—rr-y0 Biederman, P.E. Director Cc: Carl W. Solden, Supervisor Fran Amos, County Commissioner, District 5 Doug Bradley, Director of Building and Engineering Rob Seeterlin, Director of Fiscal and Human Resources Derek Diederich, Staff Analyst Environmental Infrastructure Fund File ATTACHMENT A )i?e it/Atei/ BOARD OF TRUSTEES Carl W. Solden, Supervisor Betty Fortino, Clerk Dee A. Minton, Treasurer Paul E. Deni, Trustee Todd Fox, Trustee David J. Maloney, Trustee Bette O'Shea, Trustee BETTY FORTINO Clerk WATERFORD A CHARTER TOWNSHIP 5200 Civic Center Drive Waterford, Michigan 48329-3773 Telephone: (248) 674-6266 • Fax: (248) 674-5455 www.twp.waterford.mi.us STATE OF MICHIGAN ) )SS. COUNTY OF OAKLAND) I, BETTY FORTINO, THE UNDERSIGNED, the duly elected and qualified Clerk of the Charter Township of Waterford, do hereby certify that the attached copy of Minutes of the April 22, 2002 Waterford Township Board Meeting is a true copy. IN WITNESS WHEREOF, I hereto affix my official signature this fifth day of August, 2002. Minutes of the Waterford Township Board Meeting, held April 22, 2002 at 6:30 PM in Town Hall Auditorium, 5200 Civic Center Drive, Waterford, Michigan. PRESENT: Carl W. So!den, Supervisor Betty Fortino, Clerk Dee Minton, Treasurer Paul Deni, Trustee Todd A. Fox, Trustee David J. Maloney, Trustee Bette O'Shea, Trustee OTHERS PRESENT: Robert Sharrard Jim Cisek Ermanne Lazzari Sue Camilleri Eugene McLaughlin David Kramer John McIntosh Denise Solden Pearce Mary Epperson Dennis Griffin George Contis Liz Lazzari Deb Berry Tim Kramer Rick Mielke Alfred Beanblossom Rob Seeterlin Keith Wheeler Michael Haskins Nancy Smith Toni McLaughlin Angie Kramer Jeff Finkbeiner Steven Silk Pat Murphy Supervisor Solden called the meeting to order at 6:30 PM. Rev. Juanita Ferguson of Trinity United Methodist Church offered a prayer on behalf of the Board. Supervisor Solden then led the Pledge of Allegiance. Moved by Deni, Supported by O'Shea, RESOLVED, to approve the agenda with one deletion: Under Old Business, delete no. 1, Award of bid for portable sewage pump. Motion carried unanimously. Moved by Maloney, Supported by O'Shea, RESOLVED, to approve the April 8, 2002 minutes as printed. Motion carried unanimously. W. T. Board Minutes from April 22, 2002 Moved by O'Shea, Supported by Maloney, RESOLVED, to approve the payment of the bills for April 22, 2002. A list of bills is attached to these minutes. Motion carried unanimously. Supervisor Solden announced that Township offices will be closed Monday, May 27, 2002 in observance of Memorial Day. Also, there will be a Master Plan Town Forum held on May 16, 2002 at 6:30 PM, Hess Hathaway Community Building. The Awards Committee selected Tim Kramer of the Assessing Department as the Employee of the Month for April, 2002. Moved by Fortino, Supported by O'Shea, RESOLVED, to recognize Tim Kramer of the Assessing Department as the Employee of the Month for April, 2002 and to congratulate him. Motion carried unanimously. The following memo was received from Library Director Nancy Smith: The Library will be receiving a $2,000 donation from the Waterford Cultural Council in memory of Diana Griffin. The Griffin family requested that donations be made to the Council to establish a memorial fund, to be turned over to the Library for the purchase of books for the education and enjoyment of the Township's children... Mr. Dennis Griffin and Ms. Debbie Berry of the Council presented Library Director Nancy Smith with the donation of $2,000 for the Library, in memory of Diana Griffin. The Fire Department had requested several people be added to the Waterford Township Firefighters Association roster: Moved by Fortino, Supported by Maloney, RESOLVED, to add Lee W. Davis, Jr., Timothy Griffin and Jason Walter to the roster of the Waterford Township Firefighters Association. Motion carried unanimously. 2 W. T. Board Minutes from April 22, 2002 3 The following reports were received: Police Department, February, 2002 Building Department, March, 2002 Treasurer Department, March, 2002 Library Department, March, 2002 Community Planning & Development, March, 2002 Fire Department, 2001 Annual Report Moved by Deni, Supported by O'Shea, RESOLVED, to receive the foregoing reports. Motion carried unanimously. The following memo was received from Community Planning and Development Director Vallina: After a number of meetings between the Committee and preferred developer Velmeir Companies, and the attorneys for both sides, we have developed a sales agreement that is satisfactory to both the Committee and to the prospective purchaser of the property. Attached for your review please find the draft final sales agreement for your consideration. The Exhibit A containing the legal property description has not yet been inserted and currently Exhibit B contains only the primary concept plan. There are a couple of variations of the concept that Velmeir will be providing and should be ready to provide to you at Monday's meeting. I have also attached a copy of a letter from Township Attorney Gary Dovre regarding the development of this agreement. The Committee believes that this sales agreement, once executed and implemented, will achieve most, if not all, of the goals originally proposed by the Committee and adopted by the Board. With this agreement, the developer will be required to pursue the rezoning of the property through the Township's Plan Approval Use (PAU) process. There is substantial landscaping required along the frontage of both M59 and Crescent Lake Road; including a landscaped plaza area on the corner. There will be some architectural control through the PAU process. Besides the CVS drugstore, a second use will be required to be developed on that property. There will be some limitation on what use will be allowed on the property. Until the second structure is developed, the developer will be required to maintain a greenscape in the area set for the second structure. There will be a cross-access agreement between the two uses to be developed on the current site, as well as to require cross-access to any future expansion of this development to the properties east and south of the Township's parcel. Finally, the Township will receive $2.1 million dollars for the property upon completion of the PAU and site plan process. The Committee recommends that the Township Board approve the attached sales agreement and authorize the Township Supervisor to sign the sales agreement and any related legal documents because it does provide for the implementation of the vision and goals developed by the Committee. Finally, as Chair of the Committee I would like to take this time to ask that the Board acknowledge the efforts of Committee members Waterford businessman Bill Mountain, W. T. Board Minutes from April 22, 2002 Vallina memo continued: Tom Wiseman of the Waterford School District, Supervisor Carl Solden, Clerk Betty Fortino, Trustee Paul Deni, Fire Chief Dennis Storrs, Planning Commissioner Will Allen, Larry Lockwood of my staff, and Township Attorney Gary Dovre, all of whom put a lot of time and effort into this process. Both Township Attorney Gary Dovre and I will be in attendance at Monday's Board meeting to answer questions or address any concerns of the Board. Moved by O'Shea, Supported by Deni, RESOLVED, to approve the purchase agreement for the M59/Crescent Lake Road property, and authorize the Clerk and Supervisor to sign it, with concept plans being received and approved by the Planning Department. Motion carried unanimously. The following memo was received from DPW Director Terry Biedermnan: Waterford Township holds an annual public auction to dispose of surplus real property. Analysis of financial and operational data from the auction demonstrate that the actual cost burden to the Township for holding the event increases each year and suggests that the current platform may no longer be cost effective for the Township to continue internally. In an effort to rectify this issue, a committee composed of representatives from the Clerk's Office (Michael Shaw), the Treasurer's Office (Sandy Pulk) and the Department of Public Works (DPW) (Harry Gordon, Keith Wheeler, Laurie Gigilo and Gene LeMarbe) met to evaluate the current process and determine viable alternatives. BACKGROUND: Each year, months before the actual auction day, staff from the DPW Facilities and Operations Division, start to work on the event. Departments throughout the Township are notified to begin identifying and gathering items that they want included in the auction. Throughout this period including up to the actual auction day, items are added and deleted and many times added back to the auction list. An auctioneer is hired and periodic meetings held with them to work out the details. In addition, a public notice is drafted and flyers printed and reprinted as items are added and deleted to the list. Several weeks before auction day, Facilities and Operations (F&O) personnel start collecting and storing identified items with items often having to be moved several times before auction day. The day before the auction, a tent is set-up with vehicles and other large equipment being moved to the site. At this time, the Police Department is requested to begin patrolling the area around the site. Early in the morning on the day of the auction, F&O personnel begin moving the remaining items for the bid to the site. Throughout the day of the event, Township staff from several departments work to assist the auctioneer by moving items back and forth, taking payments and providing additional assistance as necessary. Upon completion of the auction, F&O personnel remove the tent, clean the grounds and repair any damage W. T. Board Minutes from April 22, 2002 Biederman memo continued: at the site. Items sold but not removed are relocated and items not sold are gathered and disposed of. Generally, the auction consumes hundreds of productive staff hours that would have otherwise been available to support core departmental functions. The DPW F&O division expends in excess of 350 staff hours to support the event. Additional time spent by staff in the Treasurer's Office and other Township departments to aid in completion of the auction increases the total Township staff allocation time to approximately 500 hours. ISSUES: As a result, several issues concerning the auction process were discussed and evaluated by the committee and are listed as follows: 1. What is the actual cost to the Township of handling the annual auction internally? 2. Should an auction item(s) have a minimum book value? 3. Is there a cost beneficial alternative to the current auction process? Issue # 1 The auction in 2001 raised a total of $47,827, which was $6,317 less than the previous year. Of that, $29,471 was for the big draw used police cars auctioned by the Police Department. An additional $8,068 came from seized police and forfeiture items, and $5,669 came from items auctioned by the DPW Water and Sewer Division. Subtracting the Police Department portion of the total auction proceeds resulted in a balance of $10,228 collected by all other Township departments. Fees for the auction included the auctioneer's commission of 10%, which amounted to $4,783 as well as approximately $330 being spent on advertisements not including miscellaneous reproduction costs such as Xeroxing copies of flyers and $500 on miscellaneous incidentals. The cost of staff labor to support the event based on 500 hours of staff time was approximately $12,250. These fees and direct Township costs totaled $17,863. The auction in 2000 raised a total of $54,144. Of that, $35,998 was for items auctioned from the Police Department. The auctioneer's commission that year was 13% or $7,113. Approximately $103 was spent on advertising not including miscellaneous reproduction costs such as Xeroxing copies of flyers and $500 on miscellaneous incidentals. The cost of staff labor to support the event based on 500 hours of staff time was approximately $11,750. These fees and direct Township costs totaled $19,466. In addition, items that remain from the auction have to be relocated and/or disposed of which also result in additional costs to the Township. Issue #2 Currently, everything that is declared surplus real property is included in the auction. Items with no residual value "junk" are often included and, even when grouped with other like items, sell for less than what it costs the Township to identify, gather and place them at the auction site. An example is surplus furniture and excess computer equipment in 5 W. T. Board Minutes from April 22, 2002 Biederman memo continued: that, when auctioned, generally receive less than what it costs the Township to inventory, collect, store, move and process them. As a result, the committee explored a minimum threshold valuation for an item to be declared surplus and included in the auction. It was concluded that a minimum threshold valuation should be set and that any item whose value has depreciated to less than the threshold value should be set aside for donation or disposed of. If no organization can be found to take the item(s), they should be disposed of properly. Township employees should not be allowed access or possession of the item(s) due to liability and other issues. Issue #3 The committee also explored the viability of a cost beneficial alternative to internally conducting the auction. Mike Shaw, as the purchasing agent and acting representative for the Township of the Tr-County Purchasing Cooperative, pointed out that the Township is a member and that it could be a viable alternative. Upon investigation, it was found that in March 2001, the City of Troy, also a member of the Cooperative, awarded a contract for auction services to Mid-Thumb Auctioneers. Because the Township is also a member of the Cooperative, it can utilize the services of this auctioneer as well, which would significantly reduce the number of Township staff hours now being dedicated to support the present auction process. RECOMMENDATIONS: As a result of the above, the committee requests that the Board approve the following recommendations: 1. That the existing F&O pole barn and attached enclosed storage structure be retained, in part, for the storage of surplus items designated for auction. That the enclosed storage structure which adjoins the pole barn be reserved for the Police Department for such items as bicycles and small motorized vehicles and will be secured with only the Police Department having access to it. Within the pole barn, metal cages will be constructed for each Township department to store items designated for auction, which will be individually locked with only the department assigned the space having a key. This concept will provide adequate storage space for surplus items for the various Township departments and eliminate the storage of these items in offices or in areas where they create fire and safety hazards. At the April 8, 2002 Board meeting, the Board approved the revised F&O site plan concept, which would provide the necessary space for auction storage. 2. That the auction process be continued with the modification that the Township secures the services of Mid-Thumb Auctioneers to conduct the auction. Mr. Shaw has confirmed that the Township can be made party to this agreement. I have attached a packet of information outlining other communities use of Mid-Thumb's services through the cooperative as well as example auction lists and advertisements for your use. 6 W. T. Board Minutes from April 22, 2002 Biederman memo continued: 3. That the Township establish a $50.00 minimum value for items being declared surplus and available for auction. Should a bid on any item be less than the minimum value at auction, the Township should retain the right to reject the bid and withdraw the item from the auction. Any item whose depreciated value is less than $50.00 should be set-aside for donation or disposal. The minimum threshold should be reviewed every two (2) years and adjusted for inflation. If an item that falls into this category cannot be donated to community or non-profit based institutions, the Township should dispose of it properly and not allow these items to be taken home by Township employees for personal use. Moved by Fortino, Supported by O'Shea, RESOLVED, to approve the foregoing auction recommendations, eliminating the (suggested) $50.00 minimum. Motion carried unanimously. The Building Department had requested a Public Hearing for a dangerous building. Moved by Deni, Supported by Minton, RESOLVED, to establish May 29, 2002 at 7:00 PM as the Public Hearing date for Dangerous Building Case #02-101. Motion carried unanimously. The Building Department requested a Public Hearing for another dangerous building. Moved by O'Shea, Supported by Fox, RESOLVED, to establish May 29, 2002 at 7:00 PM as the Public Hearing date for Dangerous Building Case #02-104. Motion carried unanimously. 7 W. T. Board Minutes from April 22, 2002 The following was received from DPW Director Terry Biederman: The Oakland County Board of Commissioners established the Environmental Infrastructure Fund to assist local communities (Cities, Villages and Townships), throughout Oakland County, with water and sewer projects. The County Board of Commissioners has committed to providing this fund with $5,000,000.00 per year for each of fiscal years 1999, 2000, 2001, 2002 and 2003. The fund is allocated to individual local communities based on a formula involving the population and taxable base for each community. Waterford Township's share of the Environmental Infrastructure Fund is approximately $262,900.00 for each year of the program or $1,051,600 through 2002. This is funding that does not have to be paid back by the Township or matched with Township funds in any way. The County Board of Commissioners has given the local units of government discretion in determining what projects will be eligible for reimbursement under this program. Once the local community has determined that a project is to be completed using the Environmental Infrastructure Fund, a description of the project is submitted to the Oakland County Board of Commissioners for authorization. After authorization by the County Board, the local community will be reimbursed for the actual cost of the project based on invoiced amounts paid by the local community. The Township Board established the Environmental Infrastructure Revolving Fund (EIRF) line item under the General Fund Budget to fund eligible water and sewer projects at their July 26, 1999 Board meeting. To date, there are eight (8) projects that have been authorized for completion by the Board. The status of these projects varies from conceptual to under construction to completed. They are as follows: 1. McDowell Drive Sanitary Sewer Extension $120,000 2. Lochaven Road Sanitary Sewer Extension $ 50,000 3. Williams Lake Road Sanitary Sewer Extension $ 43,948 4. Lochaven Road Water Main Extension $ 41,000 5. Lakewood Lift Station & Force Main Improv. $ 90,145 6. Tilden & Calvert Lift Station Modifications $320,000 7. Grinnell Lift Station $144,808 8. Pontiac Storm Drain Improvements $ 95,000 $904,901 One (1) new sanitary sewer project has been identified. Engineering evaluations outlining recommendations and costs have been completed for the project, and we have included a copy for your reference. The project for which we are requesting authorization to proceed with is as follows: Dorothy Lane Sanitary Sewer Extension: This project will install approximately 993 lineal feet of 8" sanitary sewer and appurtenances along Dorothy Lane. This extension will provide sanitary sewer service to residents on the East Side of Dorothy Lane and prevent future septic field problems in the area. 8 W. T. Board Minutes from April 22, 2002 9 Biederman memo continued: The estimated cost for this project is $134,000. Adding this estimate to the projected and actual costs of the eight (8) authorized projects listed above increases total funding to $1,038,901. In anticipation of the Township Board concurring with the above project recommendations, we have prepared the attached Resolutions initiating them and authorizing Terry E. Biederman, DPW Director, as agent for Waterford Township as the responsible party for submitting reimbursement requests to the Oakland County Board of Commissioners. RESOLUTION AUTHORIZING ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT REQUEST FOR DOROTHY LANE SANITARY SEWER EXTENSION PROJECT WHEREAS, upon the recommendation of the Oakland County Executive, the Oakland County Board of Commissioners has established an Environmental Infrastructure Fund Program to assist Oakland County cities, villages and townships in addressing clean water and storm water needs; and WHEREAS Oakland County's Environmental Infrastructure Fund Program authorizes Oakland County cities, villages and townships to apply for reimbursement of eligible expenses incurred in connection with environmental remediation or improvements relating to ground and/or surface water, water supply, sewer and/or drainage systems and/or water pollution control efforts incurred as part of a city, village or township road project; and WHEREAS the Charter Township of Waterford, Oakland County, Michigan will incur expenses in connection with the Dorothy Lane Sanitary Sewer Extension Project, a project believed to be eligible for reimbursement under Oakland County's Environmental Infrastructure Fund Program. NOW THEREFORE BE IT RESOLVED that the Charter Township of Waterford Board authorizes and directs Terry E. Biederman P.E., Department of Public Works Director, as agent for the Charter Township of Waterford, in the manner and to the extent provided for under Oakland County Board of Commissioners Miscellaneous Resolution 99093, to request reimbursement of eligible environmental remediation or improvement project expenses under Oakland County's Environmental Infrastructure Fund Program. Moved by Deni, Supported by Maloney, RESOLVED, to approve the foregoing resolution authorizing DPW Director Terry Biederman to request reimbursement under Oakland County's Environmental Infrastructure Fund Program for the Dorothy Lane Sewer Project. Motion carried unanimously. W. T. Board Minutes from April 22, 2002 The Clerk received an application for a Carnival License and all requirements have been met. Moved by O'Shea, Supported by Minton, RESOLVED, to approve a Carnival License to Joseph Skerbeck for June 6-9, 2002 at the Summit Place Mall, and to direct the Clerk to prepare the paperwork. Motion carried unanimously. The Clerk had also received an application for a Goose Round Up for Cass Lake/Save Our Lakes Association to resolve their pest problem. Moved by Fortino, Supported by O'Shea, RESOLVED, to approve a Goose Round Up for the Cass Lake/Save Our Lakes Association, to be held on Cass Lake, and to direct the Clerk to prepare the paperwork. Motion carried unanimously. The following memo was presented by Supervisor Carl Solden: After the EDC adopted the Resolution of Inducement at their April 11, 2002 meeting, a copy of which is attached for your information, this initiated the legal process for implementing the EDC bond issuance application that Grunewald New Technologies submitted to the EDC. As a point of information for you and the Board, the industrial revenue bonds issued by the EDC will be payable only from the revenues of the individual project that is being financed. The bondholder will usually be secured by a first mortgage on the project. The municipality is not responsible for the debts of the EDC. The next step in this process is for the Township Board to adopt a resolution that certifies the project area and approves the two additional EDC project members that you will be recommending to the Board. Attached please find the Resolution Approving Project Area, Establishing Project District Area, And Confirming Appointment Of Additional Directors To The Board Of Directors Of The Issuer. Adopting this resolution is the only action needed from the Board at this time for the Grunewald project. If the Board decides to adopt this resolution, the next step in the process will be a meeting of the regular EDC members and the two EDC project members. At that meeting, which will be scheduled for May 2, 2002, the EDC will consider the project plan and adopt a resolution recommending the project plan. At that point, this project will come back before the Board at its May 13, 2002 meeting, where the Board will establish a public hearing on the financing project for the May 29, 2002 Board meeting. If, after the public hearing is held, the Board adopts a resolution approving the project plan, the EDC at its next regularly scheduled meeting will then complete the project by adopting a bond resolution. If there are any questions that you or the Township Board have on either the procedural steps or the bond financing, both Paul Wyzgoski from bond counsel 10 W. T. Board Minutes from April 22, 2002 Solden memo continued: Dickinson Wright PLLC and I will be at the Board meeting on Monday to provide answers and insight. CHARTER TOWNSHIP OF WATERFORD RESOLUTION APPROVING PROJECT AREA, ESTABLISHING PROJECT DISTRICT AREA, AND CONFIRMING APPOINTMENT OF ADDITIONAL DIRECTORS TO THE BOARD OF DIRECTORS OF THE ISSUER (Grunewald New Technologies, Inc. Project) Minutes of a regular meeting of the Township Board of the Charter Township of Waterford, Michigan, held at 6:30 p.m. on April 22, 2002, at which the following members were present: and the following were absent: The following Preamble and Resolution were offered by and supported by WHEREAS, the Economic Development Corporations Act, Act No. 338, Public Acts of Michigan, 1974, as amended (the "Act"), recognizes that there exists in the State of Michigan (the "State") the need for programs to alleviate and prevent conditions of unemployment, to assist and retain local industries and commercial enterprises, to encourage and assist the location and expansion of such enterprises to provide needed services and facilities to the Charter Township of Waterford (the "Township") and its residents; and WHEREAS, the Act provides a means by which these needs may be addressed; and WHEREAS, Grunewald New Technologies, Inc., a Michigan corporation (herein referred to as the "Applicant"), has proposed a project (the "Project") to The Economic Development Corporation of the Charter Township of Waterford (the "Issuer") which would assist in the alleviation of the aforementioned conditions; and WHEREAS, the Issuer, in conformity with the Act, has designated a Project Area and Project District Area for its Project to this Council for its approval thereof. NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF THE CHARTER TOWNSHIP OF WATERFORD, AS FOLLOWS: EDC Resolution continued: 1. The following Project Area, as designated by the Issuer, is hereby certified as approved: See Exhibit A. 11 W. T. Board Minutes from April 22, 2002 T2. The territory surrounding said designated Project Area will not be significantly affected by the Project and, therefore, a Project District Area having the same description as the Project Area herein certified as approved is hereby established. Pursuant to Section 20 of the Act, a Project Citizens District Council is not required for the Project and therefore, such a Council shall not be formed. This Council hereby advises and consents to the appointment by the Supervisor of the Township of Ted Taylor and Ralph Woznick as additional directors to the Board of Directors of the Issuer, pursuant to Section 4(2) of the Act, said persons being representative of neighborhood residents and business interests likely to be affected by the Project. 3. The Township Clerk is hereby directed to forward three (3) certified copies of this Resolution to the Secretary of the Issuer. 4. All resolutions or parts thereof in conflict with this Resolution are hereby repealed but only to the extent of such conflict. EXHIBIT A Project Area and Project District Area Description The Project Area consists of certain property in the Charter Township of Waterford, Oakland County, Michigan, described as follows: Parcel 1 Lot 13, EXCEPT the West 150 feet, Williams Lake Road Industrial Park, as recorded in Liber 175, Pages 33, 34 and 35 of Plats, Oakland County Records, more particularly described as Lot 13, EXCEPT beginning at the Northwest lot corner; thence East 150 feet; thence South 150 feet; thence West 150 feet and thence North 150 feet to the beginning. Tax Item No. 13-09-251-050 Parcel 2 Lot 14, EXCEPT the West 150 feet, Williams Lake Road Industrial Park, as recorded in Liber 175, Pages 33, 34 and 35 of Plats, Oakland County Records, more particularly described as Lot 14, EXCEPT beginning at the Northwest lot corner; thence East 150 feet; thence South 150 feet; thence West 150 feet; thence North 150 feet to the beginning. Tax Item No. 13-09-251-049 Moved by Fortino, Supported by O'Shea, to approve the foregoing resolution establishing the project district area, and appointing additional EDC project members for Grunewald Technologies project. Moved by Fortino, Supported by Minton, RESOLVED, to allow Trustee Dave Maloney to abstain from this vote. AYES: Solden, Fortino, Minton, Deni, Fox, O'Shea NAYS: Maloney. Motion carried. The vote was then taken on the original motion: Motion carried unanimously with Maloney abstaining. 12 W.T. Board Meeting minutes, April 22, 2002 p. 13 The following letter from Community Planning Development Director Bob Vallina was presented: Back in August 2000, the Township Board approved the purchase of the Tubbs Road property located at 5363 Tubbs Road for use as a DPW storage area for soil and water/sewer infrastructure material to replace the former storage area that is now part of the DPW building site. In addition, a portion of this land was also intended for inclusion as part of the Rotary Park if the properties between the subject property and Rotary Park ever became available. Staff had initially discussed with the Board the option of DPW directly accessing the rear of the subject property from its Tubbs Road frontage. However, the Board expressed great concern about this access because this entrance would be between two residences. As an alternative, I had sought an easement along the rear of the property from the U.S. Postal Service, which owns property to the south of the Township property and had intended to build a new distribution center on the site. The Post Office agreed to the easement. At the same time, the Board authorized staff, after an easement was acquired, to split the narrow front section of the subject property where the existing residential structure is located because the Township did not need the house or want to become a landlord. In early 2001, the Post Office shelved their plans to build the distribution center, but continued to verbally stand by their promise to grant the easement we needed. Through late 2001, I had contacted their representatives on a number of occasions to inquire on the status of the easement. After continually hearing the equivalent of "it's in the mail", I was ready to give up when I received word from the Oakland International Airport that they had received grant funds for purchasing homes located in the 70 DNL noise contour area. Pat Shull from the Airport staff informed me that the Airport would be offering to purchase some of the properties on Tubbs Road. I have attached a map showing the status of the parcels adjacent to the Township's Tubbs Road properties. As is shown on the map, the impact of DPW access on adjacent residences is now virtually eliminated. In addition, a company that has bought and moved some of the houses acquired by the Airport has offered to pay the Township $1,500 for the house at 5363 Tubbs Road. This company would move the house at no cost to the Township. Because of this change in status, I would respectfully request the Board's approval for staff to sell the house, not split the property since there is no longer any reason for a property split, and allow DPW to access the subject property from the Tubbs Road frontage of the subject property. Tom Coburn, Doug Bradley, and I will all be in attendance at Monday's Board meeting to answer questions or address any concerns of the Board. Moved by Maloney, Supported by O'Shea, RESOLVED, to approve the foregoing request to sell the house on Tubbs Road, not split the property as previously planned, and allow DPW access to the frontage. Motion carried unanimously. W.T. Board Meeting minutes, April 22, 2002 p. 14 Fire Chief Dennis Storrs presented the following: Over the past couple of years the current Fire Department administration has addressed many of our most immediate needs. Some of those have included, but are not limited to, the finishing of our new Station #1/Fire Department Headquarters; bringing our truck fleet into compliance and up to the needs of today's fire service. Also, additional training programs for career and volunteer firefighters have been implemented. These included specialized need training programs, rescue effort training, public training in CPR and First Aid Programs. We have also insured the citizens of Waterford Township that they will have the help they need in any situation by aligning ourselves with Oakway and the North Oakland Mutual Aid Pact. With these tasks somewhat behind us, we turn our attention to future needs of the citizens and the fire service here in Waterford. Two of our most immediate needs are, in our opinion, the rebuilding and relocation of our oldest station — Station #2 on Walton Blvd. and a third rescue truck for the North end of the Township. First, I would like to address the building of a new Station #2. I would like to preface this by saying that there will be no additional taxes needed or citizen money to build a new Station #2. We are currently talking to the Waterford School District about property that the Fire Department owns that abuts two of their schools. We would like to trade those properties to the school district for a piece of property that they currently own next to Mason Junior High School. Therefore, there would be no cost incurred for the site for a new Station #2. The Fire Department also owns a piece of property behind the Big Boy on Silver Lake Road and of course the current Station #2 property on Walton Blvd. We feel that coupled with money we have in our fund balance and the sale of those two properties, we can build an adequate station to house a rescue and fire engine on Walton Blvd. adjacent to Mason Junior High. Old Station #2 is 50 years old this year. All the mechanical equipment is somewhat antiquated. The building has been added onto a number of times and we do not feel, at this time, it is in the perfect location to cover our northeast part of the Township. With the railroad tracks cutting Waterford off in the northeast corner coupled with the growing population of that area, it makes good sense that we house a third rescue in the North end. Therefore, we respectfully request the Township Board to allow us to do a feasibility study on this issue. This would include continued negotiations with the Waterford School District and appraisals on the two pieces of property that we would ultimately request to sell — old Station #2 and the property on Silver Lake Road. We would also request that the site adjacent to Mason Junior High be evaluated. As for the third rescue, we would leave that up to the citizens. What I would like to propose is that we place a millage ballot on the August primary to ask specifically for the manpower and equipment needed to put a third rescue unit on 365 days a year. A third rescue is needed for a number of reasons. The private companies that transport our patients in this area are becoming less and less dependable and we find ourselves in a position of transporting patients on a more regular basis. Currently, due to the fact that we are transporting more often than ever before, there are many times daily when both of our rescues are tied up and out of the Township transporting patients and getting back in service at area hospitals. With the unreliability and unpredictability of the private ambulance companies that are backing us up, the citizens are at times without paramedic service at crucial moments. We feel that with a third rescue, we could dramatically reduce the times that there are no paramedic units available for the citizens in Waterford. W.T. Board Meeting minutes, April 22, 2002 p. 15 Storrs memo continued: At this time, we do have enough paramedics on a daily basis, part of the time, to man a third rescue. However, if this plan comes to fruition we would look during the hiring process to hire additional paramedics with millage money. We respectfully request the Township Board to allow the citizens to speak on this issue. If the Board sees fit, we would ask for seven tenths of a mill which we feel is adequate to fund the additional personnel and additional equipment needed to put on a third rescue 24 hours a day, 7 days a week, 365 days a year. Note: After a motion to divide the two requests on the agenda (approval of feasibility study and placement of Fire Department millage on August ballot), it was the consensus of the Board to amend the motion as follows: Moved by Fortino, Supported by O'Shea, RESOLVED, to approve a feasibility study for the Fire Deparmtent. Motion carried unanimously. The following memo was received from Deputy Clerk Karen Macintosh: The Clerk's Department received a request from the Lion's Club for a Solicitation Permit. The request was made on April 18 and the date of their event is April 26. As you know, the new ordinance requires the applicant to apply 30 days in advance of the event. The Lion's Club was not aware of the new ordinance. They have held their solicitation for many years and they perform many services for our community. Therefore, the Township Attorney Peter Donlin advised the Board consider waiving the 30 days in this particular case. Thank you. Moved by Fox, Supported by O'Shea, RESOLVED, to waive the 30-day advance application requirement for the Lion's Club to secure a Solicitation Permit for April 26, 2002. Motion carried unanimously. W.T. Board Meeting minutes, April 22, 2002 p. 16 The following resolution was received from Fiscal and Human Resource Director Robert Seeterlin: BOND RESOLUTION Limited Tax General Obligation Capital Improvement Bonds, Series 2002 WHEREAS, this Township Board does hereby determine that it is necessary to acquire vehicles for police protection, fire safety and general township operating purposes (the "Vehicles"); and WHEREAS, the cost of the Vehicles is estimated to be not less than Six Hundred Thousand Dollars ($600,000) and WHEREAS, this Township Board has determined to issue bonds and to use the proceeds of the sale of such bonds to finance the acquisition of the Vehicles. THEREFORE, BE IT RESOLVED by the Township Board of the Charter Township of Waterford, Michigan, as follows: 1. AUTHORIZATION OF BONDS-- PURPOSE. Bonds of the Township aggregating the principal sum of Six Hundred Thousand Dollars ($600,000) shall be issued and sold for the purpose of defraying the cost of the Vehicles, including the cost of issuing the bonds. 2. BOND DETAILS. The bonds shall be designated "Limited Tax General Obligation Capital Improvement Bonds, Series 2002"; shall be dated June 1, 2002; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 7% per annum to be determined upon the sale thereof payable on the first days of May and November in each year commencing on November 1, 2002; shall be due and payable in four (4) equal installments of principal, in the amount of $150,000 each, on May 1 in each of the years 2003 through 2006, both inclusive, without option of prior redemption. 3. METHOD OF SALE. The bonds shall be sold pursuant a negotiated sale as provided in this Resolution. The Director of Fiscal and Human Resources shall request proposals for the purchase of the bonds from financial institutions to be determined by him. The Director of Fiscal and Human Resources shall present the bids to this Township Board for the award of the bonds and approval of the interest rates on the bonds. It is hereby determined that this method of sale is in the best interests of the Township and is calculated to provide the Township with the lowest costs of borrowing money through the issuance of the bonds. 4. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month proceeding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 5. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the Township determines that it is in the W.T. Board Meeting minutes, April 22, 2002 p. 17 best interest of the Township not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued, the Township may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the bond registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the Township and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the Township may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the Township shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the Township and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this resolution. In the event bond certificates are issued, the provisions of this resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the Township and the bond registrar and paying agent to do so, the Township and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the bonds to any Participant having bonds certificated to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the bonds. Notwithstanding any other provision of this resolution to the contrary, so long as any bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on the bonds and all notices with respect to the bonds shall be made and given, respectively, to DTC. The Supervisor, Clerk and Treasurer are authorized to sign the Blanket Issuer Letter of Representations on behalf of the Township in such form as the Supervisor, Clerk and Treasurer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law and this resolution. 6. PRIOR REDEMPTION. The bonds are not subject to redemption prior to maturity. 7. BOND REGISTRAR AND PAYING AGENT. The Treasurer shall designate, and may enter into an agreement with, a bond registrar and paying agent for the bonds, which shall be a bank or trust company located in the State of Michigan that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The Treasurer may from time to time as required designate a similarly qualified successor bond registrar and paying agent. 8. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the Township by the facsimile signatures of the Supervisor and the Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the Township (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the Treasurer or the Supervisor to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Supervisor and the Clerk and upon which the seal of the Township (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 9. EXCHANGE AND TRANSFER OF BONDS. Any bond, at the option of the registered owner thereof and upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, may be exchanged for bonds of any other W.T. Board Meeting minutes, April 22, 2002 p. 18 authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the Township, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the Township shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is „ The Township and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the Township as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the Township nor the bond registrar and paying agent shall be affected by any notice to the contrary. The Township agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the Township or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 10. FORM OF BONDS. The bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND CHARTER TOWNSHIP OF WATERFORD LIMITED TAX GENERAL OBLIGATION CAPITAL IMPROVEMENT BOND, SERIES 2002 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP June 1,2002 W.T. Board Meeting minutes, April 22, 2002 p. 19 Registered Owner: Principal Amount: The Charter Township of Waterford, County of Oakland, State of Michigan (the "Township"), acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, upon presentation and surrender of this bond at the principal corporate trust office of , , Michigan, the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution (as hereafter defined), and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount until the Township's obligation with respect to the payment of such Principal Amount is discharged, at the rate per annum specified above. Interest is payable on the first days of May and November in each year, commencing on November 1, 2002. Principal and interest are payable in lawful money of the United States of America. This bond is one of a series of bonds aggregating the principal sum of Six Hundred Thousand Dollars ($600,000) issued by the Township under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 34, Public Acts of 2001) and a bond authorizing resolution adopted by the Township Board of the Township (the "Resolution") for the purpose of defraying the cost of acquiring vehicles for police protection, fire safety and general township operating purposes. The Township has irrevocably pledged its full faith and credit for the prompt payment of the principal of and interest on this bond as the same become due. The principal of and interest on the bonds are payable as a first budget obligation of the Township from its general funds. The ability of the Township to raise such funds is subject to applicable statutory, constitutional and charter limitations on the taxing power of the Township. The amount of taxes necessary to pay the principal of and interest on the bonds, together with the taxes levied for the same year, shall not exceed the limit authorized by law. This bond is transferable, as provided in the Resolution, only upon the books of the Township kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. This note is not subject to redemption prior to maturity. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by W.T. Board Meeting minutes, April 22, 2002 p. 20 law, and that the total indebtedness of the Township, including the series of bonds of which this bond is one, does not exceed any constitutional, statutory or charter limitation. CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints _ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. 11. DEBT SERVICE FUND. There shall be established for the bonds a debt service fund which shall be kept in a separate bank account. From the proceeds of the sale of the bonds there shall be set aside in the debt service fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the bonds. Funds of the Township to be used to pay the principal and interest on the bonds when due shall be placed in the debt service fund and so long as the principal or interest on the bonds shall remain unpaid, no moneys shall be withdrawn from such debt service fund except to pay principal and interest on the bonds. 12. ACQUISITION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in an acquisition fund and used solely to defray the cost of acquiring the Vehicles, including any engineering, legal and other expenses incidental thereto. Any unexpended balance of the proceeds of the sale of the bonds remaining in the acquisition fund after completion of the W.T. Board Meeting minutes, April 22, 2002 p. 21 acquisition of the Vehicles shall be deposited in the debt service fund established in section 11 hereof. 13. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of and interest on the bonds, shall have been deposited in trust, this Resolution shall be defeased and the owners of the bonds shall have no further rights under this Resolution except to receive payment of the principal of and interest on the bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein. 14. PLEDGE OF FULL FAITH AND CREDIT. The full faith and credit of the Township are pledged hereby to the payment of the principal and interest on the bonds authorized by this Resolution. Each year the Township shall include in its budget as a first budget obligation an amount sufficient to pay such principal and interest as the same shall become due. The ability of the Township to raise such funds is subject to applicable constitutional, statutory and charter limitations on the taxing power of the Township. The amount of taxes necessary to pay the principal of and interest on the bonds, together with the taxes levied for the same year, shall not exceed the limit authorized by law. 15. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimated period of usefulness of the Vehicles is hereby determined to be not less than four (4) years and upwards, and the plans for purchase and estimated cost of the Vehicles are hereby approved and adopted. 16. TAX COVENANT. The Township covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code") necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The bonds are designated as "Qualified Tax-Exempt Obligations" as described in Section 265(b)(3)(B) of the Code. 17. REPLACEMENT OF BONDS. Upon receipt by the Treasurer of proof of ownership of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the Treasurer, the Treasurer may authorize the bond registrar and paying agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the Treasurer may authorize the bond registrar and paying agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond registrar and paying agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the Township in the premises. Any bond delivered pursuant the provisions of this section in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. 18. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The Director of Fiscal and Human Resources shall determine the date for the sale of the bonds and to do all o * Resolution #02209 August 5, 2002 The Chairperson referred the resolution to the Finance Committee. There were no objections. FINANCE COMMITTEE la.I • FISCAL NOTE (M.R. 402209) September 19, 2002 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND REIMBURSEMENT FOR PROJECT IN THE CHARTER TOWNSHIP OF WATERFORD - FISCAL YEAR 2002 ALLOCATION 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. Funding of $262,893,19 is available in the Environmental Infrastructure Fund for Fiscal Year 2002, to reimburse the Charter Township of Waterford for this project; no additional appropriation is required. 2. The Committee recommends adoption of the resolution. FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Causey-Mitchell and Palmer absent. HE FORTGOING RESOI Date G. William Caddell, County Clerk ill Resolution #02209 September 19, 2002 Moved by Coleman supported by Crawford the resolutions on the Consent Agenda, be adopted. AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 19, 2002, 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 19th day of September, 2002.