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HomeMy WebLinkAboutMinutes - 2024.04.11 - 41186 1200 N. Telegraph Road, Bldg. 12 East, Pontiac, MI 48341 Board of Commissioners David T. Woodward, Chair April 11, 2024 at 6:00 PM MINUTES 1. Call Meeting to Order Chair David T. Woodward called the meeting of the Board of Commissioners to order at 6:04 PM in the Commissioners' Auditorium, 1200 N. Telegraph Road, 12 E, Pontiac, MI 48341. 2. Roll Call MEMBERS PRESENT: Charles Cavell, Robert Hoffman, Brendan Johnson, Penny Luebs, Ann Erickson Gault, Gwen Markham, Ajay Raman, Angela Powell, Yolanda Smith Charles, Kristen Nelson, Marcia Gershenson, David Woodward, Philip Weipert, Christine Long, Michael Gingell, Linnie Taylor, Michael Spisz (17) MEMBERS ABSENT WITH NOTICE: Karen Joliat, William Miller III (2) 3. Invocation - Michael Gingell 4. Pledge of Allegiance to the Flag 5. Approval of Minutes a. Clerk/Register of Deeds - dated March 14, 2024 Board Action #2024-4024 _ Linnie Taylor moved approval of the Minutes dated March 14, 2024, as presented. Seconded by Ajay Raman. Motion Passed. A sufficient majority having voted in favor, the Minutes dated March 14, 2024, were approved, as presented. 6. Approval of Agenda Michael Spisz moved approval of the agenda, as presented. Seconded by Linnie Taylor. Motion Passed. A sufficient majority having voted in favor, the Agenda was approved, as presented. 7. Presentations a. Board of Commissioners - Proclamation - 2023 National Football Conference (NFC) - North Division Champions Detroit Lions Board Action #2024-3883 _ Brendan Johnson addressed the Board to introduce Joe Recknagel, Assistant Athletic Trainer, The Detroit Lions. Brendan Johnson addressed the Board to present a proclamation honoring The Detroit Lions for their 2023 National Football Conference (NFC) - North Division Championship. Joe Recknagel, Assistant Athletic Trainer, The Detroit Lions addressed the Board. b. Board of Commissioners - Proclamation - Earth Day 2024 Board Action #2024-181 _ Commissioners Gwen Markham and Kristen Nelson addressed the Board to present a proclamation honoring Earth Day 2024. A representative from the non-profit Turn Oakland County Green addressed the Board. c. Board of Commissioners - Proclamation - Workers Memorial Day Board Action #2024-4042 _ Chair David Woodward addressed the Board to present a proclamation honoring Workers Memorial Day. 8. Communications a. Board of Commissioners - Appointment to the Oakland County Safer Communities Ad Hoc Committee Board Action #2024-173 _ Fred Miller, Deputy Oakland County Clerk/Register of Deeds addressed the Board to read a communication from Chair David Woodward appointing Linnie Taylor to the Oakland County Safer Communities Ad Hoc Committee for the term expiring December 31, 2024. Moved by Michael Gingell to receive and file the communications and confirm the appointment. Seconded by Gwen Markham. A sufficient majority having voted in favor, the communications were received and filed, and the appointment confirmed. 9. Public Comment The following person addressed the Board during Public Comment #1: Deirdre Waterman Reports of Standing Committees Consent Agenda 10. Economic Development and Infrastructure Committee - Yolanda Smith Charles a. Board of Commissioners - Fiscal Year 2024 Appropriation with the Township of Addison for Tri-Party Road Improvement Program – Project No. 57752 Board Action #2024-3966 _ Approve Project No. 57752 submitted by the Township of Addison and authorize the transfer of Tri-Party Road Improvement Program funds in the amount of $18,813 from Non-Departmental Transfers appropriation (9090101); further, that the FY 2024 budget shall be amended as described in the attached Schedule A – Budget Amendment; further, that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services, and the Community. Attachments: 1. 57752_Schedule A-Budget Amendment 2. 57752_Tri-Party_AddisonTwp b. Board of Commissioners - Fiscal Year 2024 Appropriation with the Charter Township of Commerce for Tri-Party Road Improvement Program – Project No. 57781 Board Action #2024-3967 _ Approve Project No. 57781 submitted by the Charter Township of Commerce and authorize the transfer of Tri-Party Road Improvement Program funds in the amount of $20,000 from Non-Departmental Transfers appropriation (9090101); further, that the FY 2024 budget shall be amended as described in the attached Schedule A – Budget Amendment; further, that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services, and the Community. Attachments: 1. 57781_Schedule A-Budget Amendment 2. 57781_Tri-Party_CommerceTwp c. Water Resources Commissioner - Pledging the Full Faith and Credit of Oakland County for Oakland-Macomb Interceptor Drain Bonds Board Action #2024-3959 _ 24-19 Bonds Pledging the Full Faith and Credit of Oakland County for Oakland- Macomb Interceptor Drain Bonds Sponsored By: Yolanda Smith Charles WHEREAS pursuant to a petition which was filed with the Director of the Michigan Department of Agriculture on June 18, 2009 by the Charter Township of Clinton of Macomb County, through the Macomb County Public Works Commissioner, and on June 22, 2009 by the Charter Township of Independence of Oakland County, through the Oakland County Water Resources Commissioner, proceedings have been carried out by the Drainage Board for the Oakland-Macomb Interceptor Drain Drainage District (the “Drainage District”) authorizing the establishment, construction, operation, maintenance, extending and improving the Oakland-Macomb Interceptor Drain (“OMID Drain”) and for the financing projects, said projects having been determined to be necessary for the public health; and WHEREAS the OMID Drain, is an interceptor wastewater collection system that was originally constructed in the 1970s and is approaching 50 years in age; and WHEREAS the system has experienced degradation due to sulfuric acid formed from hydrogen sulfide (H2S) which has been the source of excessive odor complaints; and WHEREAS H2S poses a threat to unlined components as well as continual excessive odor issues in certain locations that must be addressed; and WHEREAS on February 21, 2024, the Drainage Board for the Drainage District approved the OMID Odor and Corrosion Control Project (“Project”) as described in Attachment I, that includes new odor and corrosion control systems to reduce excessive odors escaping the system; and WHEREAS the estimated cost of the Project is $14,000,000 which will be apportioned and assessed against certain public corporations within Macomb and Oakland counties by the Drainage Board; and WHEREAS pursuant to the authorization provided in Chapter 21 of Act 40, Public Acts of Michigan, 1956, as amended (the “Drain Code”), the Drainage Board for the Drainage District proposes that the Drainage District issue its Drain Bonds, Series 2024 (the “Drain Bonds”) in the aggregate principal amount not to exceed $14,000,000 to finance all or part of the cost of the design and construction of improvements relating to the Project, and the costs of issuance of such bonds; and WHEREAS such bonds will be payable in part from the collection of special assessments against public corporations located in Macomb and Oakland Counties in the Drainage District, said special assessments to be duly confirmed as provided in the Drain Code; and WHEREAS the Drainage Board has, or will adopt a Final Order of Apportionment on March 20, 2024, and 33.10% of the Project cost will be assessed to the public corporations served by the OMID Drain within Oakland County and 66.90% of the Project cost will be assessed to the public corporations served by the OMID Drain within Macomb County; and WHEREAS the Drainage Board has or will adopt a Final Order of Apportionment on March 20, 2024, and the cost of the Project has or will be apportioned against the following public corporations as indicated in the Chart below: 33.1000% Estimated Amount County of Oakland Percentage Assessed PUBLIC CORPORATIONS of Project for Project City of Auburn Hills 4.9705% $695,870 Independence Township (incl. City of Clarkston) 2.4213% 338,982 City of Lake Angelus 0.0185% 2,590 Village of Lake Orion 0.3409% 47,726 Oakland Township 1.0393% 145,502 Orion Township 3.1494% 440,916 Oxford Township 1.2468% 174,552 Village of Oxford 0.5928% 82,992 City of Rochester 1.9526% 273,364 City of Rochester Hills 8.1106% 1,135,484 Waterford Township 7.6159% 1,066,226 West Bloomfield Township 1.6414% 229,796 County of Oakland Total 33.1000% $4,634,000 66.9000% Estimated Amount County of Macomb Percentage Assessed PUBLIC CORPORATIONS of Project for Project Chesterfield Township 4.9783% $696,962 Clinton Township 13.9899% 1,958,586 City of Fraser 2.8103% 393,442 Harrison Township 4.1896% 586,544 Lenox Township 0.7827% 109,578 Macomb Township 9.4656% 1,325,184 Village of New Haven 0.5614% 78,596 Shelby Township 6.5484% 916,776 City of Sterling Heights 20.6591% 2,892,274 City of Utica 1.0966% 153,524 Washington Township 1.8181% 254,534 County of Macomb Total 66.9000% $9,366,000 Combined Total: 100.0000% $14,000,000 WHEREAS the statutory limit for County debt is $9,768,281,836 (10% of State Equalized Value). As of February 29, 2024, the total pledged debt is $567,086,870 or approximately 5.805% of the S.E.V.; and WHEREAS Section 526 of the Drain Code authorizes a county to pledge its full faith and credit for the payment of obligations issued pursuant to Chapter 21 of the Drain Code, if the county board of commissioners has adopted a resolution by two-thirds (2/3) vote of its members-elect to that effect; and WHEREAS the Drain Bonds are to be designated as the Oakland-Macomb Interceptor Drain Drainage District Bonds (Limited Tax General Obligation), Series 2024, will be dated as of such date, will bear interest at such rates not to exceed 6%, will be in the aggregate principal amount not to exceed $14,000,000, will mature in such years and principal amounts, and will be subject to redemption prior to maturity, as shall be determined by resolution of the Drainage Board; and WHEREAS said Project is immediately necessary to protect and preserve the public health, and it is in the best interest of Oakland County that the Drain Bonds be sold and secured by a pledge of the full faith and credit of Oakland County, as authorized by Section 526 of the Drain Code; and WHEREAS the Board of Commissioners of Macomb County is expected to adopt a similar resolution pledging its full faith and credit for the payment of the Drain Bonds. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, pursuant to the authorization provided in Section 526 of the Drain Code, by a majority vote of at least two-thirds (2/3) of its members-elect, does hereby irrevocably pledge the full faith and credit of Oakland County for the prompt payment of the principal of and interest on that portion of the Drain Bonds not to exceed $4,634,000 and representing 33.10% apportioned to Public Corporations within Oakland County (which said total amount of the Drain Bonds shall not to exceed the aggregate amount of $14,000,000), and does agree that in the event any Public Corporations in Oakland County shall fail or neglect to account to the Oakland County Treasurer (“County Treasurer”) for the amount of any special assessment installment and interest (in anticipation of which the bonds are issued) when due, then the amount thereof shall be advanced from the funds of Oakland County, and the County Treasurer is directed to make such advancement to the extent necessary. BE IT FURTHER RESOLVED that in the event that, pursuant to said pledge of its full faith and credit Oakland County advances out of Oakland County funds all or any part of the principal and interest due on the bonds, it shall be the duty of the County Treasurer, for and on behalf of Oakland County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. BE IT FURTHER RESOLVED that the County Treasurer or the Drainage District’s financial consultant, MFCI, LLC, is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for the State Treasurer's Approval to Issue Bonds with respect to the Drain Bonds. BE IT FURTHER RESOLVED that the County Treasurer is authorized, if necessary, to approve the circulation of a preliminary and final official statement for the Drain Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the County, and to do all other things necessary for compliance with Rule 15c2 12 issued under the Securities Exchange Act of 1934, as amended (the “Rule”). The County Treasurer is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the Drain Bonds. BE IT FURTHER RESOLVED that the County Treasurer is hereby authorized, if necessary, to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the “Continuing Disclosure Certificate”). To the extent a Continuing Disclosure Certificate is executed and delivered, the County hereby covenants and agrees that it will comply with and carry out all of the provisions of such Continuing Disclosure Certificate. The remedies for any failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein. BE IT FURTHER RESOLVED that all resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. BE IT FURTHER RESOLVED that no budget amendment is required. No General Fund appropriation is required. Attachments: 1. 2024-04-03 EDI Memo for Bond Issue 2. ATTACHMENT I d. Water Resources Commissioner - Authorizing the Issuance of Bonds to Finance Improvements for the Oakland County-owned City of Pontiac Sewage Disposal System Board Action #2024-3995 _ 24-20 Bonds Authorizing the Issuance of Bonds to Finance Improvements for the Oakland County-owned City of Pontiac Sewage Disposal System Sponsored By: Yolanda Smith Charles WHEREAS the Board of Commissioners of the County of Oakland (the “County”) previously determined that it is necessary to acquire, construct, and install sewage disposal system improvements and facilities to improve the County’s City of Pontiac Sewage Disposal System (the “System”) to serve users of the System and the residents of the County, which improvements shall include without limitation the replacement of sanitary sewer mains, construction of new sanitary sewer mains, a new pump station, valve vault, and sewer force main, and improvements to related facilities as well as all work necessary and incidental to these improvements, including without limitation the restoration of property, streets, rights-of-way, and easements affected by the improvements (the “Project”) through the issuance of bonds pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”); and WHEREAS notice of the issuance of the bonds as required by section 517 of Act 34 was published in The Oakland Press on January 22, 2024; and WHEREAS the total cost of the Project is estimated to be $5,000,000; and WHEREAS the statutory limit for County debt is $9,768,281,836 (10% of State Equalized Value). As of February 29, 2024, the total pledged debt is $567,086,870 or approximately 5.805% of the S.E.V.; and WHEREAS the Board of Commissioners has determined to issue bonds and to use the proceeds of the sale of such bonds to finance all or part of the cost of the Project; and WHEREAS the County has agreed in a Continuing Covenant Agreement dated as of September 27, 2013, between the County and Bank of America, N.A. (the "Bank of America Continuing Covenant Agreement") to provide to Bank of America, N.A. certain information pursuant to Article VI, Section 6.05 (f) of the Bank of America Continuing Covenant Agreement that relates to a final official statement or other offering or disclosure document prepared in connection with an offering of securities by the County. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the principal sum of not to exceed Five Million Dollars ($5,000,000) shall be issued and sold in one or more series for the purpose of defraying all or part of the cost of the Project. 2. BOND DETAILS. Each series of bonds shall be designated "Sewage Disposal System Capital Improvement Bonds” with such other title or with such additional series designation as may be determined by the by the County Water Resources Commissioner, acting as County Agency for the County (the “County Agency”), at the time of sale of the bonds; shall be dated as of the date approved by the County Agency; shall be issued in such aggregate principal amount as determined by the County Agency; 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 6% per annum as shall be determined by the County Agency; shall be used to pay for such portion of the Project as determined by the County Agency; shall be payable as to interest on such dates as shall be determined by the County Agency; and shall be serial bonds and/or term bonds and mature in such amounts and on such dates and in such years as shall be determined by the County Agency; provided, however, that the final maturity of any series of bonds shall not be later than 21 years after its date of issuance. If requested by the original purchaser of the bonds and determined by the County Agency, the bonds may be issued in the form of a single bond with an exhibit containing the principal maturity amounts and applicable interest rates and due dates. 3. 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 or otherwise as determined by the County Agency. 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 preceding the month in which the interest payment is due. Interest shall be paid when due by wire transfer or other electronic means or by check or draft mailed by the bond registrar and paying agent to the registered owner at the registered address or otherwise as determined by the County Agency. 4. 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 County determines that it is in the best interest of the County 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 County 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 County and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County 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 County and the bond registrar and paying agent to do so, the County 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 certified 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 such bonds and all notices with respect to the bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations relating to the bonds. The County Treasurer and the County Agency are each authorized to sign the Blanket Issuer Letter of Representations on behalf of the County, in such form as such officer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law and this Resolution. Notwithstanding any other provision of this section to the contrary, if the County Agency deems it to be in the best interest of the County, the bonds shall not initially be issued through the book-entry-only transfer system of DTC. 1. PRIOR REDEMPTION. The bonds may be subject to optional and/or mandatory redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency. 2. BOND REGISTRAR AND PAYING AGENT. The County 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 which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer from time to time as required may designate a similarly qualified successor bond registrar and paying agent. Notwithstanding any provision of this section to the contrary, if the County Agency deems it to be in the best interest of the County, the County Treasurer shall serve as bond registrar and paying agent for the bonds. 3. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (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 County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (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. 4. EXCHANGE AND TRANSFER OF BONDS. Any bond, 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, at the option of the registered owner thereof, may be exchanged for bonds of any other 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 County, 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 County 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 [appropriate date to be inserted].” The County 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 County 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 County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County 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 County 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. 1. FORM OF BONDS. The bonds shall be in substantially the following form, with such additions, deletions and modifications as are approved by the County Agency and consistent with the terms of this Resolution: [FORM OF BOND] UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND SEWAGE DISPOSAL SYSTEM CAPITAL IMPROVEMENT BOND, SERIES 2024A INTEREST RATE MATURIT Y DATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the “County”) 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, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at ____________________________________________ in the city of _______________, Michigan, the bond registrar and paying agent, 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 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 from the Date of Original Issue or such later date through which interest shall have been paid until the County'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 day of _________ and ________ in each year, commencing ____________ 1, 20__. Principal and interest are payable in lawful money of the United States of America. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This bond is one of a series of bonds aggregating the principal sum of _______________________________ Dollars ($_________) issued by the County under and pursuant to and in full conformity the Constitution and Statutes of Michigan (especially Act No. 34, Public Acts of 2001, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the “Resolution”) and an order of the Water Resources Commissioner of the County, as County Agency, for the purpose of defraying all or part of the cost of acquiring, constructing, and installing sewage disposal system facilities to improve the County’s City of Pontiac Sewage Disposal System to serve users of the County’s City of Pontiac Sewage Disposal System in the County of Oakland, Michigan (the “System”). The County has authorized the revenues of the System to be used to pay the principal of and interest on the bonds when due. In addition, the County has irrevocably pledged its full faith and credit for the prompt payment of the principal of and interest on the bonds as the same become due. The principal of and interest on the bonds are payable as a first budget obligation of the County from its general funds. The ability of the County to raise such funds is subject to applicable statutory and constitutional limitations on the taxing power of the County. 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 County 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. 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. MANDATORY PRIOR REDEMPTION Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows: Redemption Date Principal Amount of Bonds to be Redeemed Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot. (REPEAT IF MORE THAN ONE TERM BOND) OPTIONAL PRIOR REDEMPTION Bonds maturing prior to ________ 1, 20__, are not subject to redemption prior to maturity. Bonds maturing on and after ________ 1, 20__, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any date on and after ________ 1, 20__. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption. Not less than thirty (30) nor more than sixty (60) days’ notice of redemption shall be given by first-class mail to the registered owners of bonds called to be redeemed at their registered addresses. Failure to receive notice of redemption shall not affect the proceedings for redemption. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. 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 law, and that the total indebtedness of the County, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND By: Chairperson, Board of Commissioners And: County Clerk 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. [END OF BOND FORM] 1. SECURITY. It is expected that the principal of and interest on the bonds will be paid from revenues of the System, and such revenues are hereby authorized to be used for such purpose. In addition, the full faith and credit of the County are pledged hereby to the payment of the principal and interest on the bonds authorized by this Resolution. Each year the County 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 County to raise such funds is subject to applicable constitutional and statutory limitations on the taxing power of the County. 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. To the extent that the revenues of the System are insufficient to pay the principal of and interest on the bonds, the proceeds of such taxes (both current and delinquent) shall be deposited as collected into the principal and interest fund established in section 12 hereof, and until the principal of and the interest on the bonds are paid in full, such proceeds shall be used only for payment of such principal and interest. 2. 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, premium, if any, and interest on the bonds, or any portion thereof, shall have been deposited in trust, this Resolution shall be defeased with respect to such bonds, and the owners of the bonds shall have no further rights under this Resolution except to receive payment of the principal of, premium, if any, and interest on such bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein. 3. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account, provided, however, that such Principal and Interest Fund may be pooled or combined for deposit or investment purposes with other debt retirement funds created for nonvoted debt of the County (other than any special assessment debt). From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium as determined by order of the County Agency and any accrued interest received from the purchaser of the bonds at the time of delivery of the same. Funds of the County to be used to pay the principal and interest on the bonds when due shall be placed in the principal and interest fund and so long as the principal or interest on the bonds shall remain unpaid, no moneys shall be withdrawn from such principal and interest fund except to pay principal and interest on the bonds. 4. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund and used solely to defray the cost of acquisition, construction and installation of the Project. Any unexpended balance of the proceeds of the sale of the bonds remaining in the construction fund after completion of the Project shall be deposited in the principal and interest fund established in section 12 hereof. 5. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimated period of usefulness of the Project is hereby determined to be not less than twenty (20) years and upwards, and the plans for and the estimated cost of the Project in the amount of $5,000,000 are hereby approved and adopted. 6. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY – EXCEPTION FROM PRIOR APPROVAL. The issuance and sale of the bonds shall be subject to the County obtaining qualified status or prior approval from the Department of Treasury of the State of Michigan pursuant to Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”), and, if necessary, the County Treasurer and County Agency are each hereby authorized and directed to make application to the Department of Treasury for approval to issue and sell the bonds as provided by the terms of this Resolution and by Act 34. The County Treasurer and County Agency are authorized to pay any filing fees required in connection with obtaining qualified status or prior approval from the Department of Treasury. The County Treasurer and County Agency are further authorized to request such waivers of the requirements of the Department of Treasury or Act 34 as necessary or desirable in connection with the sale of the bonds. 7. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency is hereby authorized to determine the principal amount of the bonds to be sold and to determine the other bond details as described in section 2 hereof and the terms and conditions for optional and/or mandatory redemption as described in section 5 hereof. The bonds shall be sold at a competitive sale in accordance with the provisions of Act 34 and other applicable laws of this state. In connection therewith, the County Agency shall set the time and date for the sale of the bonds and prescribe the form of notice of sale for the bonds and do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this Resolution. The bonds shall be sold at a price that is not less than 99% of their par value, as determined by the County Agency. The County Agency is hereby authorized to approve by written order the interest rates on the bonds and the winning bidder upon the sale of the bonds. The County Agency, the County Treasurer, the County Clerk and other officers and employees of the County are authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this Resolution. 8. REPLACEMENT OF BONDS. Upon receipt by the County 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 County Treasurer, the County 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 County 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 County in the premises. Any bond delivered pursuant the provisions of this section 17 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. 9. OFFICIAL STATEMENT. The County Agency and the County Treasurer are each authorized to cause the preparation of an official statement for the bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the “Rule”) and to do all other things necessary to enable compliance with the Rule. After the award of the bonds, the County will provide copies of a “final official statement” (as defined in paragraph (f)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 10. CONTINUING DISCLOSURE. The County Treasurer is authorized to execute a certificate of the County, constituting an undertaking to provide ongoing disclosure about the County for the benefit of the holders of the bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the “Continuing Disclosure Certificate”). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. 11. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer, the County Clerk and other appropriate County officials are authorized to do all things necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 12. NOTICE OF ISSUANCE OF BONDS. Within thirty (30) days after the issuance of the bonds, either (1) a copy of the final official statement or other offering or disclosure document prepared by the County in connection with the issuance of the bonds or (2) notice that such information has been filed with the Electronic Municipal Market Access system of the Municipal Securities Rulemaking Board and is publicly available shall be furnished to Bank of America, N.A. at the following locations: Bank of America, N.A. Mail Code: IL4-135-07-28 135 South LaSalle Street Chicago, IL 60603 Attention: Thomas R. Denes Bank of America, N.A. Global Markets One Bryant Park, 12th Floor New York, NY 10036 Attention: Dylan Jennings, PSB Credit Admin Assoc II Bank of America, N.A. Public Sector Banking Mail Code TX1-301-18-01 301 Commerce St., Suite 1810 Forth Worth, TX 76102 Attention: Glenda Beasley In accordance with the Bank of America Continuing Covenant Agreement, the notices provided for above shall be in writing and shall be transmitted by email to the following addresses: thomas.r.denes@bofa.com, dylan.jennings@bofa.com, and glenda.beasley@bofa.com. 1. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Attachment: 1. 2024-04-03 EDI Memo for Sewage Disposal Bond Issue with JB edits e. Water Resources Commissioner - Notice of Intent to Issue Bonds to Construct Improvements to the City of Pontiac Sewage Disposal System Board Action #2024-3991 _ 24-21 Bonds Notice of Intent to Issue Bonds to Construct Improvements to the City of Pontiac Sewage Disposal System Sponsored By: Yolanda Smith Charles WHEREAS the County of Oakland (the "County") is in urgent need of sewage disposal system facilities constituting a part of the County’s City of Pontiac Sewage Disposal System (the "System") as described in the notice attached hereto (sometimes referred to herein as the "Project"), in order to promote the health and welfare of the residents served by the System, which sewage disposal system facilities also would benefit the County and its residents, and such facilities can be financed most economically and efficiently by the County through the exercise of the powers conferred by Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"); and WHEREAS the County is authorized pursuant to the terms of Act 34 to issue its bonds to finance the cost of the acquisition and construction of the Project, which bonds will be secured by revenues of the System and the County's full faith and credit pledge; and WHEREAS it is anticipated that the County will advance all or a portion of the costs of the Project prior to the issuance of the bonds, such advance to be repaid from proceeds of the bonds upon the issuance thereof; and WHEREAS Section 1.150-2 of the Treasury Regulations on Income Tax (the "Reimbursement Regulations") specifies conditions under which a reimbursement allocation may be treated as an expenditure of bond proceeds, and the County intends by this resolution to qualify amounts advanced by the County to the Project for reimbursement from proceeds of the bonds in accordance with the requirements of the Reimbursement Regulations. NOW THEREFORE BE IT RESOLVED 1. DECLARATION OF INTENT TO REIMBURSE PROJECT EXPENDITURES. The County hereby declares its official intent to issue its limited tax general obligation bonds in one or more series in the aggregate principal amount of not to exceed $5,000,000 to finance all or part of the cost of the Project. The County hereby declares that it reasonably expects to seek reimbursement for its advances to the Project as anticipated by this resolution. The bonds shall be authorized by proper proceedings subsequent to this resolution. 2. NOTICE OF INTENT TO ISSUE BONDS. The County Clerk is hereby instructed to publish the notice attached hereto once in a newspaper of general circulation in the County of Oakland, which notice shall not be less than ¼ page in size in such newspaper. 3. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Attachments: 1. 2024-04-03 Map of Project Location 2. 2024-04-03 EDI Memo Re Intent to Issue Bonds 3. 2024-04-03 Notice of Intent to Issue Bonds f. Water Resources Commissioner - Notice of Intent to Issue Bonds to Construct Improvements to the City of Pontiac Water Supply System Board Action #2024-3994 _ 24-22 Bonds Notice of Intent to Issue Bonds to Construct Improvements to the City of Pontiac Water Supply System Sponsored By: Yolanda Smith Charles WHEREAS the County of Oakland (the "County") is in urgent need of water supply system facilities constituting a part of the County’s City of Pontiac Water Supply System (the "System") as described in the notice attached hereto (sometimes referred to herein as the "Project"), in order to promote the health and welfare of the residents served by the System, which Water Supply system facilities also would benefit the County and its residents, and such facilities can be financed most economically and efficiently by the County through the exercise of the powers conferred by Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"); and WHEREAS the County is authorized pursuant to the terms of Act 34 to issue its bonds to finance the cost of the acquisition and construction of the Project, which bonds will be secured by revenues of the System and the County's full faith and credit pledge; and WHEREAS it is anticipated that the County will advance all or a portion of the costs of the Project prior to the issuance of the bonds, such advance to be repaid from proceeds of the bonds upon the issuance thereof; and WHEREAS Section 1.150-2 of the Treasury Regulations on Income Tax (the "Reimbursement Regulations") specifies conditions under which a reimbursement allocation may be treated as an expenditure of bond proceeds, and the County intends by this resolution to qualify amounts advanced by the County to the Project for reimbursement from proceeds of the bonds in accordance with the requirements of the Reimbursement Regulations. NOW THEREFORE BE IT RESOLVED 1. DECLARATION OF INTENT TO REIMBURSE PROJECT EXPENDITURES. The County hereby declares its official intent to issue its limited tax general obligation bonds in one or more series in the aggregate principal amount of not to exceed $13,210,000 to finance all or part of the cost of the Project. The County hereby declares that it reasonably expects to seek reimbursement for its advances to the Project as anticipated by this resolution. The bonds shall be authorized by proper proceedings subsequent to this resolution. 2. NOTICE OF INTENT TO ISSUE BONDS. The County Clerk is hereby instructed to publish the notice attached hereto once in a newspaper of general circulation in the County of Oakland, which notice shall not be less than ¼ page in size in such newspaper. 3. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Attachments: 1. 2024-04-03 Notice of Intent to Issue Bonds 2. 2024-04-03 EDI Memo for Pontiac Water Distribution System 3. Pontiac IV OH area maps 11. Finance Committee - Gwen Markham a. Indigent Defense - Application for FY 2025 Michigan Indigent Defense Commission ("MIDC") Grant Board Action #2024-3926 _ Approve the submission of the FY 2025 Michigan Indigent Defense Commission (MIDC) Grant Application and authorize the Indigent Defense Services Office to engage in any necessary negotiation with the MIDC and prepare any necessary revision of the Draft Cost Analysis; further, that when the final version of the FY 2025 MIDC Compliance Plan and Cost Analysis is officially approved by the MIDC this item will be brought back before the Board of Commissioners for grant acceptance. Attachments: 1. Grant Review Sign-Off 2. Grant Application 3. MIDC Cost Analysis - FY2025 - DRAFT 4. Indigent Defense System Overview FY25(1) b. Information Technology - New Service with Belleville, Cambridge Twp., Capac, County of Lapeer for Access to Oaknet Connectivity and CLEMIS Board Action #2024-3997 _ Approve the attached Information Technology service agreements including the following Exhibits for services with the following Public Bodies: City of Belleville – Exhibits VIII and X, Village of Capac – Exhibits VIII and X, Township of Cambridge – Exhibits VIII and X, County of Lapeer (Lapeer County Central Dispatch) – Exhibits VIII and X, County of Lapeer (Lapeer County Sheriff’s Office) – Exhibits VIII and X and authorize the Board Chair to execute the Agreements on behalf of Oakland County; further, that the Information Technology Department is directed to provide a list of all public bodies agreeing to the attached Agreement within the subsequent Information Technology Quarterly Report. Attachments: 1. Belleville IT-CLEMIS Agreement 2024 2. Cambridge Twp IT-CLEMIS Agreement 2024 3. Capac IT-CLEMIS Agreement 2024 4. Lapeer County Central Dispatch IT-CLEMIS Agreement 2024 5. Lapeer County IT-CLEMIS Agreement 2024 c. Board of Commissioners - Establishment of Rates for Contracts for Services with Other Government Agencies Board Action #2024-3965 _ Approve the attached amendment to the County Contract and Purchasing Policy to require Establishment of Rates for Contract for Services with Other Government Agencies by the Board of Commissioners: Establishment of Rates for Contract for Services with Other Government Agencies PURPOSE To ensure transparency and accountability in the establishment of rates for contracts between Oakland County and other government agencies. SCOPE This section applies to all contracts negotiated between Oakland County and other government agencies where rates are established for goods, services, or any other contractual obligations. PROCEDURE Approval Process: The requesting department, in collaboration with the Corporation Counsel, shall seek approval from the Oakland County Board of Commissioners for the establishment of any and all rates to be included in contracts with other government agencies. Submission of Proposal: The requesting department shall prepare a detailed proposal outlining the proposed rates, including justification for their establishment, and submit it to the Corporation Counsel for review and inclusion in the approval request to the Board of Commissioners. Review by Corporation Counsel: The Corporation Counsel shall review the proposed rates to ensure compliance with applicable laws, regulations, and County policies before submitting the request for approval to the Board of Commissioners. Board of Commissioners Approval: Upon receipt of the proposal from the Corporation Counsel, the Board of Commissioners shall review and deliberate on the proposed rates. The Board of Commissioners shall approve or reject the proposed rates based on their assessment of their appropriateness, fairness, and alignment with County objectives. Incorporation into Contracts: Once approved by the Board of Commissioners, the established rates shall be incorporated into contracts between Oakland County and other government agencies. AUTHORITY This section is established under the authority of the Oakland County Board of Commissioners as outlined in relevant resolutions and directives. 12. Legislative Affairs and Government Operations Committee - Brendan Johnson a. Clerk/Register of Deeds - Grant Acceptance 2024 Survey & Remonumentation Grant Board Action #2024-3888 _ 24-23 Grant Acceptance 2024 Survey & Remonumentation Grant Sponsored By: Brendan Johnson WHEREAS the Michigan Department of Licensing and Regulatory Affairs (LARA), Bureau of Construction Codes, Office of Land Survey and Remonumentation has awarded funding to the Oakland County Clerk/Register of Deeds in the amount of $228,874 for the Remonumentation program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2024 Survey and Remonumentation Grant for the period of January 1, 2024, through December 31, 2024, in the amount of $228,874. BE IT FURTHER RESOLVED the grant will provide partial reimbursement for one (1) existing General Fund/General Purpose (GF/GP) Full-Time Eligible (FTE) Plat and Boundary Review Specialist position (#2010401-09329) that assists with the monitoring and administration of the program. Also, no additional personnel or local match is required. BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of Commissioners hereby appoints the County Clerk/ Register of Deeds, Lisa Brown, as the Grant Administrator as required by the State. BE IT FURTHER RESOLVED that the Chair of the Board of Commissioners is authorized to execute the contract agreement and that the Chairperson may approve amendments and extensions within fifteen percent (15%) of the original award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of this program is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the budget shall be amended as reflected in the attached Schedule A – Budget Amendment. Attachments: 1. 2024 Survey and Remonumentation Grant Schedule A 2. Grant Review Sign-Off 3. 2024 Oakland Grant Agreement b. Parks & Recreation - 2024 Natural Resources Community Habitat Improvement Projects Board Action #2024-3973 _ Approve the 2024 Parks and Recreation Community Habitat Restoration Projects, as detailed on the attached list. Attachment: 1. 2024 Proposed Community Habitat Restoration Project List c. Parks & Recreation - City of Rochester Hills Innovation Hills Park Restroom Project Grant Board Action #2024-4013 _ 24-24 Grant City of Rochester Hills Innovation Hills Park Restroom Project Grant Sponsored By: Brendan Johnson WHEREAS the City of Rochester Hills has requested grant funding from Oakland County and the Oakland County Parks and Recreation Commission in the amount of $500,000 to fund a portion of the costs associated with constructing new restroom facilities at Innovation Hills Park. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached grant agreement with a term beginning from the time of execution until May 31, 2025, between the County of Oakland, the Oakland County Parks and Recreation Commission and the City of Rochester Hills for the Innovation Hills Park Restroom Project. BE IT FURTHER RESOLVED that the Board of Commissioners hereby approves a one-time appropriation of $250,000 from the General Fund Strategic Investment Plan (#383554) to the Parks and Recreation Department Budgeted Equity Adjustments Account (#796500) for the completion of the Innovation Hills Park renovations. BE IT FURTHER RESOLVED that the FY 2024 budget shall be amended as reflected in the attached Schedule A – Budget Amendment. Attachments: 1. Parks and Rec Schedule A - Rochester Bathroom 2. Rochester Hills Grant Agreement - Innovation Hills Restroom d. Board of Commissioners - Support for the Senate Bills 669-670 to Expand the Application of the Freedom of Information Act to the Michigan Legislature, the Governor and the Lieutenant Governor Board Action #2024-3983 _ 24-18 Resolution Support for the Senate Bills 669-670 to Expand the Application of the Freedom of Information Act to the Michigan Legislature, the Governor and the Lieutenant Governor Sponsored By: Kristen Nelson WHEREAS enacted in 1976, Michigan’s Freedom of Information Act (FOIA) law is nearly alone in the nation in carving out state lawmakers and the governor’s office from being subject to records requests; and WHEREAS this exemption contributed to the 2015 report from the Center for Public Integrity which gave Michigan an F in government integrity, and the state ranked dead last — failing 10 out of 13 categories, including public access to information, executive accountability, and legislative accountability; and WHEREAS last year, State Sen. Jeremy Moss (D) and Sen. Ed McBroom (R) introduced Senate Bills 669-670 to help bring greater transparency to state government; and WHEREAS this legislation would require the Michigan Legislature and executive office of the governor to comply with the state’s existing FOIA law — providing Michiganders with greater ability to learn about and understand the decisions of their state government; and WHEREAS Senate Bills 669-670 differ from past efforts by including the Legislature in FOIA, instead of creating a separate open records act for the State House and Senate; and WHEREAS this new approach, following years of Senate inaction, was refined by the bill sponsors with input for the very first time from the office of the Majority Leader and Senate Business Office; and WHEREAS the bills propose several unique exemptions for the governor's office, which would not be required to disclose records related to executive office security, internal investigations, prisoner commutation decisions, initial budget recommendations and pending appointment or firing decisions; and WHEREAS furthermore, neither the governor nor lawmakers would be required to disclose communications with constituents, unless those constituents were registered lobbyists. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports Senate Bills 669-670 to expand the application of the Freedom of Information Act to the Michigan Legislature, the governor and the lieutenant governor. BE IT FURTHER RESOLVED that the Board recognizes that all persons are entitled to full and complete information as to a public body’s fulfillment of statutory functions and concerning the inner working of government in general. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the State Senate Majority and Minority leaders, the State House Speaker and Minority Leader, the members of the Oakland County delegation to the Michigan Legislature, and the Board of Commissioners's legislative lobbyist. 13. Public Health and Safety Committee - Penny Luebs a. Circuit Court - Amendment #1 to the FY 2023 SCAO Virtual Backlog Response Docket Grant Program Board Action #2024-4032 _ Approve Amendment #1 to the FY 2023 SCAO Virtual Backlog Response Docket Grant Program from the State Court Administrative Office in the amount of $458,378 for the period of April 1, 2023 through December 31, 2025; further, authorize the Chair of the Board of Commissioners to execute the amendment; further, amend the FY 2024–2025 budgets as detailed in the attached Schedule A. Attachments: 1. SCHEDULE A: Circuit Court – FY 2023 Virtual Backlog Response Docket Grant (Amendment #1) 2. Grant Review Sign-Off 3. VBRD Contract Amendment #1 - Oakland b. Sheriff’s Office - Amendment #1 to the Michigan Commission on Law Enforcement Standards (MCOLES) Public Safety Academy Assistance Program Board Action #2024-3952 _ Accept the additional funding of $144,000 from the State of Michigan, Michigan Commission on Law Enforcement Standards (MCOLES) Public Safety Academy Assistance Program for the employed recruits attending the basic training academy beginning in January 2024 and authorize the Chair of the Board of Commissioners to execute the grant agreement; further, to amend the FY 2024 budget as detailed in the attached Schedule A. Attachments: 1. 2024 JAN MCOLES Public Safety Academy Assistance Grant Schedule A 2. Grant Review Sign-Off 3. January 2024 - Public Safety Academy Assistance Program_Redacted c. Health & Human Services - Application to the Michigan Department of Environment, Great Lakes and Energy for the 2024-2025 Rapid Methods and Microbial Source Tracking for Beaches Program Board Action #2024-3933 _ Approve the submission of the 2024 – 2025 Rapid Methods and Microbial Source Tracking for Beach Program grant application in the amount $134,000. Attachments: 1. Grant Review Sign-Off 2. Timetable 2024-2025 3. RFP INSTRUCTIONS - RAPID METHOD AND MST FOR BEACHES - 2024 DRAFT 4. PCR Grant Work Plan 2024-2025 5. New Proposed budget qPCR 2024-2025 6. New Project Description qPCR 2024-2025 7. qPCR Grant application cover sheet 2024 8. Independent auditors report 9. Letter - Local HDs - 2024 Rapid Testing and Source Tracking for Beaches (002) d. Public Services - Medical Examiner - Agreement with Gift of Life of Michigan and Eversight Board Action #2024-3960 _ Approve the attached Organ and Tissue Procurement Agreement between Gift of Life of Michigan, Eversight, and the County of Oakland for the referral of the deceased for organ/tissue donation; further, authorize the Chair of the Board of Commissioners to execute the agreement. Attachment: 1. ME Agmt Oakland County 3-5-2024 Michael Gingell moved to adopt the Consent Agenda as presented. Seconded by Penny Luebs. Motion Passed. Vote Summary (17-0-0) Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor No: None Abstain: None Regular Agenda 14. Economic Development and Infrastructure Committee - Yolanda Smith Charles a. Economic Development - Grant Agreement with the Michigan Economic Development Corporation (MEDC) for the Pontiac Redevelopment Grant Board Action #2024-3996 _ 24-25 Yolanda Smith Charles moved to adopt the attached Grant Agreement with the Michigan Economic Development Corporation (MEDC) for the Pontiac Redevelopment Grant. Seconded by Angela Powell. Grant Agreement with the Michigan Economic Development Corporation (MEDC) for the Pontiac Redevelopment Grant Sponsored By: Yolanda Smith Charles WHEREAS the Michigan Economic Development Corporation (MEDC) has awarded Oakland County’s Economic Development Department grant funding in the amount of $50,000,000; and WHEREAS Oakland County has allocated $10,000,000 of federal Local Fiscal Recovery Funds for the Pontiac office relocation project and may consider issuing bonds in the future for a portion of the overall project; and WHEREAS Oakland County purchased property in downtown Pontiac including two buildings (31 East Judson and 51111 Woodward) and surrounding structures and parcels in 2023 per Miscellaneous Resolutions 23-128 and 23- 132; and WHEREAS the funding will be used to support the cost of improvements to county operations, including but not limited to, property acquisition, building renovations, blight removal, redevelopment of commercial green spaces, streetmaking, placemaking, and development of safe parking and transit options for county and state workers and residents. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Michigan Economic Development Corporation (MEDC) in the amount of $50,000,000 for the grant period of October 1, 2023, through September 30, 2027. BE IT FURTHER RESOLVED that local funding in the amount of $10,000,000 will be allocated from the County’s federal Local Fiscal Recovery Funds. BE IT FURTHER RESOLVED that the Chair of Board of Commissioners is authorized to execute the agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of this program is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that the FY 2024-2026 budget be amended as detailed in the attached Schedule A. Motion Passed. Vote Summary (13-4-0) Yes: David Woodward, Michael Gingell, Penny Luebs, Kristen Nelson, Gwen Markham, Angela Powell, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor No: Michael Spisz, Christine Long, Robert Hoffman, Philip Weipert Abstain: None Absent: Attachments: 1. ED&I - Pontiac Redevelopment grant_Schedule A 2. MEDC Grant Agreement with Oakland County (updated) 3. Grant Review Sign-Off 4. Case-400219 Oakland County - Exe Copy 3 (redline) 15. New & Miscellaneous Business a. Board of Commissioners - Resolution Establishing the Tri-County Behavioral Health Task Force Board Action #2024-150 _ 24-26 The Chair referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections. b. Board of Commissioners - Sponsorship of the Lyon Township Downtown Development Authority's (DDA) Music on the Grand Volunteer Appreciation Night Board Action #2024-4034 _ The Chair referred the Board Action to the Finance Committee. There were no objections. c. Board of Commissioners - Sponsorship of Trinity Gun Disposal's 2024 Safe Surrender and Buyback Events Board Action #2024-123 _ The Chair referred the Board Action to the Finance Committee. There were no objections. d. Board of Commissioners - Sponsorship of the Pontiac Meals on Wheels Foundation's "Blues in the Streets" Event Board Action #2024-3999 _ The Chair referred the Board action to the Finance Committee. There were no objections. e. Board of Commissioners - Sponsorship of the Charter Township of Highland's 2024 Community Events Board Action #2024-4001 _ The Chair referred the Board Action to the Finance Committee. There were no objections. f. Board of Commissioners - Sponsorship of Oxford Township Parks and Recreation 2024 Seymour Celebration Board Action #2024-4006 _ The Chair referred the Board Action to the Finance Committee. There were no objections. 16. Announcements Chair David Woodward addressed the Board to announce that the next Board of Commissioners Meeting has been rescheduled to April 24th, 2024. Angela Powell addressed the Board to thank the Commissioners for their support of the Pontiac Project Grant Agreement. 17. Public Comment The following person addressed the Board during Public Comment #2: Deirdre Waterman 18. Adjournment to April 25, 2024, or the Call of the Chair The meeting adjourned at 6:31 PM.