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.