HomeMy WebLinkAboutReports - 2024.02.07 - 40981
February 7, 2024
COMMITTEE REPORT TO BOARD
RESOLUTION #2023-3606
Building Authority Appointment - Tony Sievert
Sponsored By:
Brendan Johnson, Commissioner
Chair, the Board of Commissioners recommends the following Board action:
to appoint Tony Sievert to the Building Authority for a three-year term beginning February 7, 2024,
and ending December 31, 2026
COMMITTEE TRACKING
2023-11-28 Legislative Affairs & Government Operations - Postponed to the next meeting
2024-01-09 Legislative Affairs & Government Operations - Postponed to the next meeting
2024-01-30 Legislative Affairs & Government Operations - Recommend to Board the appointment of
Tony Sievert
2024-02-07 Full Board - Appoint Tony Sievert
Motioned by: Commissioner Brendan Johnson
Seconded by: Commissioner William Miller III
Yes: David Woodward, Penny Luebs, Robert Hoffman, Gwen Markham, Angela Powell, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman, Ann Erickson Gault, Linnie Taylor (13)
No: Michael Spisz, Michael Gingell, Karen Joliat, Kristen Nelson, Christine Long, Philip Weipert (6)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. BuildingAuthorityArticlesFinal
2. Sievert - BAapp
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AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE
OAKLAND COUNTY BUILDING AUTHORITY
These Amended and Restated Articles of Incorporation are adopted and executed by the
Incorporating Unit for the purpose of amending and restating the Articles of
Incorporation for the Oakland County Building Authority pursuant to Act No. 31 of the
Michigan Public Acts of 1948 (First Extra Session), as amended (hereinafter "Act 31").
The County Board of Supervisors adopted the original Articles of Incorporation via
Miscellaneous Resolution #4534 and caused the same to be executed on the 10th day of
February, 1966. The Authority became effective on the 15th day of February, 1966. The
Articles of Incorporation are amended and restated as follows:
ARTICLE I
NAME
The name of this Authority is "OAKLAND COUNTY BUILDING AUTHORITY"
(hereinafter “Authority”).
ARTICLE II
INCORPORATING UNIT
The name of the incorporating unit creating the Authority is the County of Oakland, in
the State of Michigan (hereinafter "County" or "Incorporating Unit").
ARTICLE III
PURPOSE
The Authority shall have the following purposes: to build, acquire, furnish, equip, own,
improve, enlarge, lease, operate and maintain a building or buildings, automobile parking
lots or structures, recreational facilities, stadiums and the necessary site or sites therefore,
together with appurtenant properties and facilities necessary or convenient for the
effective use thereof, for use for any legitimate public purpose of the County’s; to finance
any facility, which may be financed for the County, in such a way as to benefit any city,
village, or township in the County, so long as such facility is also being used by the
County or an agency to which the County appropriates funds to satisfy a county
obligation to provide certain services; and in general to carry on any business in
connection therewith and incident thereto not forbidden by the laws of the State of
Michigan.
ARTICLE IV
POWERS AND DUTIES OF AUTHORITY
Section 1 – Body Corporate: The Authority shall be a body corporate with power to sue
and be sued in any court of this state.
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Section 2 – Corporate Seal: The Authority shall have a corporate seal.
Section 3 – Corporate Limits: The corporate limits of the Authority shall be the same as
those of the County.
Section 4 – Fiscal Year: The fiscal year of the Authority shall be the same as the County
of Oakland.
Section 5 – Acquisition of Property: For the purpose of accomplishing the objects of its
incorporation, the Authority may acquire property by purchase, construction, lease, gift,
devise or condemnation, according to Act 31 (MCL 123.959).
Section 6 – Power to Contract: The Authority and the Incorporating Unit shall have the
power to enter into a contract or contracts whereby the Authority will acquire property
necessary to accomplish the purposes of this incorporation and contemplated by Act 31
and lease such property to the Incorporating Unit for a period of not to exceed fifty (50)
years, or if the Authority issues refunding bonds, the Authority may enter into a contract
or contracts under which the Authority will own or continue to own the property
acquired, in part or in whole, from the sale of the bonds to be refunded and will lease
such property to the Incorporating Unit for a period not to exceed fifty (50) years from
the day of issuance of the refunding bonds, which contracts may be either a full faith and
credit general obligation of the Incorporating Unit or shall not be a full faith and credit
general obligation of the Incorporating Unit. The contract with the Incorporating Unit
may also provide the following: (a) that the Incorporating Unit pay all costs and
expenses of operation and maintenance of the property and the operating expenses of the
Authority, including expenses incidental to the issuance and payment of bonds and (b)
that the obligation of the Incorporating Unit under the contract for the payment of any
rent shall not be subject to any setoff by the Incorporating Unit or any abatement of cash
rent for any cause, including but not limited to casualty that result in the property being
untenantable. The Incorporating Unit shall have such rights to sublet or assign property
leased from the Authority as provided in Act 31.
Section 7 - Bonds: Subject to and pursuant to Act 31, for the purpose of defraying all or
part of the cost of building, acquiring, improving, and enlarging any building or
buildings, automobile parking lots or structures, recreational facilities and the necessary
site or sites therefore, together with appurtenant properties and facilities necessary or
convenient for the effective use thereof, and furnishing and equipping the same the
Authority may do one of the following: (a) after execution and delivery of a full faith and
credit general obligation contract of lease, as provided in Act 31, may by ordinance or
resolution, adopted by a majority vote of the elected members of the Commission, issue
negotiable bonds in anticipation of the contract obligations of the Incorp orating Unit to
make cash rent payments to the Authority and may pledge the receipts from such
payments for payment of the bonds and the interest thereon or (b) after execution of a
contract of lease which is not a full faith and credit general obligation of the
Incorporating Unit, as provided in Act 31, may by ordinance or resolution, adopted by a
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majority vote of the elected members of the Commission, issue negotiable bonds in
anticipation of the contract obligations of Incorporating Unit to make cash rent payments
to the Authority and may pledge the receipts from such payments for payment of the
bonds and the interest thereon. The bonds shall not be issued unless the property has
been leased by the Authority to the Incorporating Unit for a period extending beyond and
the last maturity of the bonds and no maturity shall in any event be more than forty (40)
years from the date of the bonds. In addition, the Authority shall have the power to issue
such other bonds as it may be authorized to issue under the general laws of the State of
Michigan. No bonds of the Authority shall be delivered to the purchases thereof until
such time as all rights of referendum with respect to said bonds or any contract between
the Authority and the Incorporating Unit shall have expired without a referendum petition
being filed or, if a referendum petition is filed with respect thereto, until after an election
approving said contract or the issuance of the bonds, as may be required by law, shall
have been held and the same approved by a majority vote of the electors of the
Incorporating Unit voting thereon.
Section 8 – Conveyance of Property: When all bonds issued pursuant to the provisions
of Act 31 have been retired, the Authority shall convey title to the property acquired
thereunder to the Incorporating Unit according to the directions of the governing body of
the Incorporating Unit and according to any contracts/leases between the Authority and
Incorporating Unit and, as applicable, the Incorporating Unit shall convey title to such
property to the governmental entity, benefiting from financing under these Articles of
Incorporation, according to any contracts/subleases between the Incorporating Unit and
other governmental entities.
Section 9 – Tax Exempt Status: All property owned by the Authority shall be exempt
from taxation by the State or any taxing unit therein.
Section 10 – Power to Finance: The Authority may finance any facility, which may be
financed for the County, in such a way as to benefit any city, village, or township in the
County, so long as such facility is also being used by the County or an agency to which
the County appropriates funds to satisfy a county obligation to provide certain services.
Section 11 – Compliance with Purchasing Policies and Procedures: The Authority
shall comply with the County Purchasing Policies and Procedures as adopted and
amended by the County Board of Commissioners.
Section 12 – Standards for Authority Property: To ensure that the property acquired
by the Authority is properly and adequately constructed, altered, repaired or maintained,
the following are required: (a) the County Planning and Building Committee and the
Authority shall, prior to issuance, review and approve all request for proposals, request
for qualifications, request for quotes, or solicitation of bids to perform work contemplated
by the project description contained in the assigning resolution, the Lease, the Sublease,
the Continuing Disclosure Certificate, or the Declaration of Official Intent on file with
the County Clerk; (b) the County Planning and Building Committee and the Authority
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shall review and approve any substantial changes to request for proposals, request for
qualifications, request for quotes, or solicitation of bids to perform work that have
already been approved by the Planning and Building Committee and Authority; (c) the
Authority shall approve all invoices for work performed on Authority property/projects
prior to payment; and (d) in its sole discretion, the Authority may require specific terms
and conditions in the contracts, leases, or subleases executed pursuant to Act 31, by way
of example, terms and conditions related to the construction, alteration, repair, or
maintenance of Authority property, terms and conditions related to payment procedures,
terms and conditions requiring the lessee or sublessee of Authority property or their
representatives to attend Authority meetings, and terms and conditions related to liability
and property insurance.
Section 13 – General Powers of Authority: The Authority shall have all the powers
granted to authorities under Act 31 now or hereafter amended. The Authority shall
possess all the powers necessary to carry out the purpose of its i ncorporation and those
incidents thereto. The enumeration of any powers herein shall not be construed as a
limitation upon its general powers unless the context shall clearly indicates otherwise.
Section 14 – Dissolution of Authority: The Authority shall continue in existence until
dissolved pursuant to law; provided that it shall not be dissolved if such dissolution
would impair any bond or other contract. In event of such dissolution, the title to any
property owned by the Authority shall pass to the County.
ARTICLE V
COMMISSION
Section 1 – Governing Body: The powers of the Authority shall be exercised by its
governing body which shall be known as the "Commission."
Section 2 – Composition of Commission: The Commission shall consist of five
members. Three members shall be appointed by the Board of Commissioners of the
County, each of who shall hold office for a term of three years, except that the terms of
the commissioners first appointed shall expire on December 31, 1966, December 31,
1967, and December 31, 1968, respectively and thereafter each commissioner shall be
appointed for a full three-year term beginning on January 1 of the first year of the term
and expiring on December 31 on the last year thereof. The other two members shall be
the Oakland County Executive or his or her designee who is designated in writing to the
Authority Chairperson and the County Treasurer or his or her designee who is designated
in writing to the Authority Chairperson. Each appointed Commissioner shall serve
during the term for which he or she was appointed and thereafter until his successor is
appointed.
Section 3 - Eligibility: No member of the County Board of Commissioners shall be
eligible for appointment to or membership on the Commission.
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Section 4 – Commission Compensation: Members of the Commission shall receive a
per diem as established by the Commission and approved by the County Board of
Commissioners. The Commission, in its discretion, may authorize the payment of the
actual expenditures of any Member incurred in connection with the business of the
Authority.
Section 5 – Commission Organizational Meeting: An organizational meeting shall be
held in January each year and the Commission shall meet for such purpose on the second
Wednesday in January at 9:00 a.m. at the usual place of holding the meetings of the
Commission. At such meeting, the Commission shall select a Chairperson, a Vice-
Chairperson, and a Secretary who shall be Members of the Commission. The County
Treasurer shall be the Authority Treasurer. Such officers shall serve until the
organization meeting in the following year and until their respective successors shall be
selected.
Section 6 – Commission Officers: The Chairperson of the Commission shall be the
presiding officer thereof. In the absence or disability of the Chairperson, the Vice
Chairperson shall perform the duties of the Chairperson. The Secretary shall be the
recording officer of the Commission. The Treasurer shall be custodian of the funds of the
Authority. The Treasurer shall be the chief accounting officer of the Authority and
subject to the approval of the Commission may employ or designate such assistants as
may be necessary. All moneys shall be deposited by the Treasurer in a bank or banks
designated for funds of the County. The Commission shall designate all payments to be
made by the Treasurer. The Members of the Commission shall have such other powers
and duties as may be conferred upon them by the Commission.
Section 7 – Commission Meetings: Meetings of the Commission shall be held semi-
annually or more often if required, at such times and places as shall be prescribed by
resolution of the Commission. Special meetings of the Commission may be called by the
Chairperson or any two members thereof, by serving written notice of the time, place and
purpose thereof upon each member of the Commission personally, or by leaving it at his
or her place of residence at least twenty-four hours prior to the time of such meeting, or
by depositing the same in a United States post office or mail box within the County of
Oakland, at least seventy-two hours prior to the time of such meeting, enclosed in a
sealed envelope properly addressed to him or her at their home or office address, with
postage fully prepaid thereon. Special meetings of the Commission, at which all
members are present, shall be deemed to be valid even though no written notice thereof
may have been given as above provided. Any Member of the Commission may waive
notice of any meeting either before or after the holding thereof.
Section 8 – Commission Quorum and Actions: A majority of all Members of the
Commission shall be required for a quorum. The Commission shall act by moti on,
resolution or ordinance. For the passage of any motion, resolution or ordinance there
shall be required the affirmative vote of a majority thereof. The Commission shall have
the right to adopt rules governing its procedure, provided the same are not in conflict with
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the terms of any state statute or of these Articles. The Commission shall keep a journal
of its proceedings which shall be signed by the Chairperson and Secretary. All votes
shall be by yeas and nays. The journal shall show how each Member voted. Each
Member shall be required to vote upon all motions, resolutions and ordinances unless he
or she shall be disqualified from voting thereon. No Member of the Commission shall
vote upon any motion, resolution or ordinance in which he or she has any personal
interest. No commissioner shall be financially interested in any contract with the
Authority.
Section 9 – Notice of Meetings: The time and place of all meetings shall be fixed and
properly noticed and posted in accordance with Act 267 of the Public Act of 1976 as
amended, also known as the Open Meetings Act, by a majority of the Members of the
Commission and notice thereof served personally upon all Members, at least twenty-four
hours prior to the time of the holding of the meeting.
Section 10 – Validity of Appointment: No appointment to the Commission and no
election of an officer of the Commission shall be deemed to be invalid because it was not
made within or at the time specified in these Articles.
Section 11 – Commission Vacancy: In event of a vacancy on the Commission, the
County Board of Commissioners shall fill the vacancy for the unexpired term. In event
of a vacancy in any office of the Commission, such vacancy shall be filled by the
Commission for the unexpired term. In case of the temporary absence or disability of any
officer, the Commission may appoint some person to temporarily act in his stead except
that in case of the temporary absence or disability of the Chairperson, the vice
Chairperson shall so act.
Section 12 – General Commission Powers: The Commission shall have power to secure
all necessary services to carry out the functions of the Authority and to fix the
compensation therefore. The Commission shall cause an Annual Audit to be made of its
financial transactions by a certified public accountant, which audit shall be open to public
inspection at all reasonable times.
Section 13 – Removal of Commission Members or Officers: Any appointed Member
of the Commission may be removed for cause at any time by action of the County Board
of Commissioners. Any officer of the Commission may be removed by action of the
Commission.
ARTICLE VI
AMENDMENTS
Section 1 - Amendments: These Articles of Incorporation may be amended as provided
by Act 31 or any other applicable state statute; provided that no such amendment shall
impair the obligation of any bond or other contract of the Authority.
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Section 2 – Amendment Procedure: These Amendments to the Articles of
Incorporation, upon their adoption by the County Board of Commissioners shall be
executed in duplicate for and on behalf of the County, by the Chairperson of the County
Board of Commissioners and the County Clerk. The duplicate executed copies shall be
delivered to the County Clerk, who shall file one executed copy in his or her office and
the other executed copy with the Secretary of the Authority. Attached to each printed
copy shall be a certificate setting forth that the copy is a true and complete copy of the
Amendments to Articles of Incorporation on file in his or her office, and the date and
place of the publication thereof. The County Clerk shall cause a copy of these
Amendments to Articles of Incorporation to be published once in the Oakland Press, or
another newspaper circulating within the County of Oakland. These Amendments to
Articles of Incorporation shall become immediately effective.
BOC General Application
Response ID: 124223
Submitted Date: 01/08/2024 05:23:07 PM
Completion Time: 2 hr. 46 sec.
Oakland County Board of Commissioners
Application for Appointment to
Boards, Committees and Commissions
Note: Please complete this application form in its entirety. Should this application form not be
fully completed, or contain false or misleading information, the Board of Commissioners
reserves the right to reject the application or terminate the appointment. Information included
in this application is public and subject to the Michigan Freedom of Information Act. All
applicants may, at the County’s discretion, be subject to a security check and clearance. All
qualified applicants receive consideration for appointment without regard to race, color, sex,
age, disability, national origin, religion, genetic information, political affiliation, marital status,
height, weight, arrest record, sexual orientation and/or any other reason in accordance with
applicable state and federal laws.
In order to be eligible for application, you must be at least 18 years of age, a U.S.
citizen and a resident of Oakland County.
For Solid Waste Planning Committee applicants: County residency requirements
apply only to the general public and elected government official representatives.
Representatives of the solid waste management industry, environmental interest
groups, industrial waste generator and SEMCOG should conduct business and be
active in the county.
First Name Last Name
Tony Sievert
Please Provide Information for your Home/Legal Residence
Address Line 1:Address Line 2:
2141 Crested Butte Dr.
City ZIP Code
White Lake 48383
Primary Phone Type Email Address How long have you been a resident
of Oakland County?
248-660-6325 Cell asievert@pipefitters636.org 36 Years
Note: Applications for the Oakland Community Health Network Board and the Senior
Advisory Council each require different applications that can be found on our website when
positions are available.
Board/Committee/Commission Are you
applying for
reappointment?
Explain why you would like to serve
on this Board/Committee/Commission
Building Authority No To help oversee/finance
construction projects in Oakland
County for our residents. To
protect the general public and all
concerned against unfair and
unscrupulous labor and poor
workmanship.
Have you previously served on a Board/Committee/Commission?
No
Please detail any prior work-related or community service experience and skills that may
contribute to the position you are seeking:
I have over 22 years of experience in construction as a Journeyman Pipefitter. In
my time in the trade I have held plenty of job titles including Apprentice, Foreman,
General Foreman, and Site Superintendent. I have also held multiple positions for
my local union including Steward, Recording Secretary, Executive Board and
Business Agent. I have been on numerous other committees and funds including
negotiations, by-laws, pac, insurance, pension to name a few. In my time in the
trade I have worked in about every kind of facility you can imagine including
schools, hospitals, refineries, steel-mills and auto plants. With my experience in
the field I have developed a knowledge of most trade practices and have formed
contacts/relationships with a lot of different people that I'm sure could and would
be beneficial to this group. Thanks for you time with this matter.
Have you ever been convicted of a misdemeanor or felony, or were you dishonorably
discharged from the military? Convictions or dishonorable discharge will not be an
Board/Committee/Commission
automatic bar to appointment. All circumstances will be considered.
No
Have you ever been named a party in one or more civil lawsuits?
No
High School
Name or GED
City/State College/Technical City/State Degree(s) received
Lakeland High
School
White
Lake,MI
Pipefitters Local 636
Training Center
Troy,MI U.S Dept of Labor
Journeyman in
Pipefitting Industry
Education
Please list your most recent work experience first, including full-time, part-time and
volunteer work. You may also upload a copy of your resume or any documentation that
supports your employment history.
Employer Address Position
Title
Dates of
Employment
Duties
Pipefitters
Local 636
30100
Northwestern
Hwy.
Farmington
Hills,MI 48334
Business
Agent
07/2001-Current Daily contact with
our members,
employers and the
public. Protect the
trade jurisdiction of
Local 636. I cover
Oakland County as
my jurisdiction as
Business Agent.
Upload Your Resume or supporting documentation.
Employment
Contact #1
References
Larry Krisniski/Business Manager Local 636 248-939-7636
Contact #2
Sean Lipke/Superintendent of Universal Piping Industries 810-599-1264
Contact #3
Pat Devlin/Detroit Building Trades Council Secretary/Treasurer 313-378-3052
I affirm that the information provided on this application (and accompanying resume, if any) is
true and complete to the best of my knowledge. I understand that falsified information or
omissions may disqualify me from further consideration for appointment and may be
considered justification for removal if discovered at a later date.
I authorize an Oakland County representative to contact individuals or organizations listed as
references or previous employers on this application.
I understand that typing my name in the signature box below creates an electronic signature
that has the same validity as actually signing the form and either faxing it back or mailing it
back via the U.S. Postal Service.
Applicant's Signature
Tony Sievert