HomeMy WebLinkAboutResolutions - 2024.05.22 - 41235
AGENDA ITEM: Pledging the Full Faith and Credit of Oakland County for Phase 2 of the Clinton
River Water Resource Recovery Facility Drain Optimization Project
DEPARTMENT: Water Resources Commissioner
MEETING: Board of Commissioners
DATE: Friday, June 7, 2024 8:55 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4036 _ 24-34
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Bonds Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
The Clinton River Water Resource Recovery Facility, a wastewater treatment plant in Pontiac, is
undergoing upgrades, rehabilitation, and replacement of some of its obsolete equipment. These
upgrades are slated to occur in Phase 2 of the plant's Optimization Project. Bonds, not to exceed
$65,200,000 will be sold to finance all or part of the costs of the project.
POLICY ANALYSIS
This is a request to pledge the full faith and credit of Oakland County for the prompt payment of the
principal and interest on a series of bonds issued by the Clinton River Water Resource Recovery
Facility Drainage District in the aggregate principal amount not to exceed $65,200,000.
The purpose of the project is to address Phase 2 of the Clinton River Water Resource Recovery
Facility Drain Optimization Project. The facility is an intra-county drain for the treatment of sanitary
sewage located in the City of Pontiac. The project will consist of additions to and refurbishments of
the facility’s peak flow storage capacity along with additions and modifications to the secondary
clarifier processes that meet the requirements of Michigan’s Department of Environmental, Great
Lakes, and Energy. This phase of the project also calls for an alternate design to the secondary
clarifiers called the Mobile Organic Biofilm (MOB). Phase 2 also will see the upgrading of the
aeration blowers as well as replacing the return activated sludge pumps and piping.
The bonds are to finance all or part of the costs of the Project, in anticipation of the collection of an
equal amount of installments of special assessments against the Cities of Auburn Hills, Lake
Angelus, Pontiac, Rochester, and Rochester Hills, along with the Charter Townships of
Independence, Oakland, Orion, Oxford, Waterford, and West Bloomfield, and the Villages Lake
Orion and Oxford, said special assessments to be duly confirmed by the Drainage Board.
State law requires a 2/3 majority vote by the Board of Commissioners for adoption of the proposed
resolution to pledge the full faith and credit of the County for the prompt payment of the principal of
and interest on the Bonds pursuant to Section 474 of the Act.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Gary Nigro
Steven Burke
Eric McGlothlin
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 5/22/2024
David Woodward, Board of Commissioners Approved - 5/22/2024
Hilarie Chambers, Executive's Office Approved - 6/3/2024
Lisa Brown, Clerk/Register of Deeds Final Approval - 6/5/2024
AGENDA DEADLINE: 06/07/2024 6:00 PM
ATTACHMENTS
1. 2024-05-15 Optimization Project Phase 2 Memo
2. Exhibit A-1
3. Exhibit A-2
4. Project Map
5. Final Order of Apportionment CRWRRF
COMMITTEE TRACKING
2024-05-15 Economic Development & Infrastructure - Forward to Finance
2024-05-15 Finance - Recommend to Board
2024-05-22 Full Board - Adopted
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Robert Hoffman
Yes: David Woodward, Michael Spisz, 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 (16)
No: None (0)
Abstain: None (0)
Absent: Karen Joliat, Michael Gingell (2)
Passed
June 7, 2024
RESOLUTION #2024-4036 _ 24-34
Sponsored By: Yolanda Smith Charles
Water Resources Commissioner - Pledging the Full Faith and Credit of Oakland County for
Phase 2 of the Clinton River Water Resource Recovery Facility Drain Optimization Project
Chair and Members of the Board:
WHEREAS proceedings have been taken by the Drainage Board for the Clinton River Water
Resource Recovery Facility Drain Optimization Project (the “Drainage Board”) for the location,
establishment and construction of an intra-county drain project consisting of improving the previously
established Clinton River Water Resource Recovery Facility, an intra-county drain for the treatment of
sanitary sewage located in the City of Pontiac, as further described in Exhibit A-1 attached hereto,
and that serves property located entirely within the limits of the City of Auburn Hills, the Charter
Township of Independence, the City of Lake Angelus, the Village of Lake Orion, the Charter
Township of Oakland, the Charter Township of Orion, the Charter Township of Oxford, the Village of
Oxford, the City of Pontiac, the City of Rochester, the City of Rochester Hills, the Charter Township of
Waterford and the Charter Township of West Bloomfield, in the County of Oakland (the “County”),
under the provisions of Chapter 20 of the Drain Code of 1956, as amended (the “Drain Code”),
pursuant to a petition filed with the Oakland County Water Resources Commissioner (the “Project”);
and
WHEREAS on September 20, 2023, the Drainage Board issued its Clinton River Water Resource
Recovery Facility Drain Bond, Series 2023 in the principal amount of $44,795,000 (the “2023 Bonds”)
for the purpose of financing part of the Project; and
WHEREAS the 2023 Bonds were sold to the Michigan Finance Authority in order to receive a
subsidized interest rate of 1.875% through participation in the State Water Pollution Control Revolving
Fund Program (the “SRF Program”); and
WHEREAS the Drainage Board is expected to authorize and provide for the issuance by the Clinton
River Water Resource Recovery Facility Drainage District of one or more series of bonds (the
"Bonds") in the aggregate principal amount of not to exceed $65,200,000 to finance all or part of the
costs of the second phase of the Project (the “Phase II Project”), as further described in Exhibit A-2
attached hereto, in anticipation of the collection of an equal amount of installments of special
assessments against the City of Auburn Hills, the Charter Township of Independence, the City of
Lake Angelus, the Village of Lake Orion, the Charter Township of Oakland, the Charter Township of
Orion, the Charter Township of Oxford, the Village of Oxford, the City of Pontiac, the City of
Rochester, the City of Rochester Hills, the Charter Township of Waterford and the Charter Township
of West Bloomfield, said special assessments to be duly confirmed by the Drainage Board; and
WHEREAS the Bonds are to be designated “Clinton River Water Resource Recovery Facility Drain
Bonds, Series 2024", with such other designations, including, without limitation, designations for
multiple series, as determined by an officer duly authorized by the Drainage Board; provided that, if
any series of the Bonds are not issued in calendar year 2024, an officer duly authorized by the
Drainage Board may re-designate such series of Bonds to reflect the year in which such series of
Bonds are issued; and
WHEREAS the Bonds are expected to be sold to the Michigan Finance Authority in order to receive a
subsidized interest rate through participation in the SRF Program; and
WHEREAS Bonds sold to the Michigan Finance Authority through the SRF Program will bear interest
at a rate not to exceed 2.75% per annum; and
WHEREAS Bonds sold to a purchaser other than the Michigan Finance Authority, if any, shall bear
interest at a rate not to exceed 6.00% per annum; and
WHEREAS the Oakland County Board of Commissioners may, by resolution adopted by a majority of
its members elect, pledge the full faith and credit of the County for the prompt payment of the
principal of and interest on the Bonds pursuant to Section 276 of the Drain Code; and
WHEREAS the Drainage Board deems it advisable and necessary to obtain from this Board a
resolution pledging the full faith and credit of the County on the Bonds; and
WHEREAS the Phase II Project is necessary to protect and preserve the public health, and therefore,
it is in the best interest of the County of Oakland that the Bonds be sold.
NOW THEREFORE BE IT RESOLVED that pursuant to the authorization provided in Section 276 of
the Drain Code, provided that the Bonds are issued within the parameters set forth above, the
Oakland County Board of Commissioners, by a majority vote of its members elect, does hereby
irrevocably pledge the full faith and credit of the County of Oakland for the prompt payment of the
principal of and interest on the Bonds, and does agree that in the event that any public corporation
assessed shall fail or neglect to account to the County Treasurer of the County of Oakland for the
amount of any special assessment installment and interest, when due, then the amount thereof shall
be immediately advanced from County funds, and the County Treasurer is directed to immediately
make such advancement to the extent necessary.
BE IT FURTHER RESOLVED in the event that, pursuant to said pledge of full faith and credit, the
County advances out of County funds, all or any part of said installment and interest, it shall be the
duty of the County Treasurer, for and on behalf of the 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 is hereby authorized, if necessary, to
execute a certificate of the County to comply with the continuing disclosure undertaking of the County
with respect to the Bonds pursuant to paragraph (b)(5) of SEC Rule 15c2-12 issued under the
Securities Exchange Act of 1934, as amended, and 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”). The County hereby
covenants and agrees that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate.
BE IT FURTHER RESOLVED that all resolutions and part of resolutions, insofar as the same may be
in conflict with the provisions of this resolution, be and the same hereby are rescinded.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: May 22, 2024
David Woodward, Commissioner
Date: June 03, 2024
Hilarie Chambers, Deputy County Executive II
Date: June 05, 2024
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2024-05-15 Economic Development & Infrastructure - Forward to Finance
2024-05-15 Finance - Recommend to Board
2024-05-22 Full Board - Adopted
Motioned by Commissioner Penny Luebs seconded by Commissioner Robert Hoffman to adopt the
attached Bonds: Pledging the Full Faith and Credit of Oakland County for Phase 2 of the Clinton
River Water Resource Recovery Facility Drain Optimization Project.
Yes: David Woodward, Michael Spisz, 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 (16)
No: None (0)
Abstain: None (0)
Absent: Karen Joliat, Michael Gingell (2)
Passed
ATTACHMENTS
1. 2024-05-15 Optimization Project Phase 2 Memo
2. Exhibit A-1
3. Exhibit A-2
4. Project Map
5. Final Order of Apportionment CRWRRF
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June
7, 2024, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at
Pontiac, Michigan on Friday, June 7, 2024.
Lisa Brown, Oakland County Clerk / Register of Deeds
Form DC–001
OAKLAND COUNTY WATER RESOURCES COMMISSIONER
Page 1 of 1 Rev.: 02/12/2018
OAKLAND COUNTY
WATER RESOURCES COMMISSIONER MEMORANDUM
TO: Commissioner Yolanda Charles Smith, Chairperson Environment, Development
and Infrastructure Committee
FROM: Gary Nigro, P.E., Manager
SUBJECT: Clinton River Water Resource Recovery Facility Optimization Project Phase 2
DATE: May 15, 2024
Recognizing that the Clinton River Water Resource Recovery Facility, a wastewater treatment plant in
Pontiac, was in desperate need of upgrades, rehabilitation and replacement of much of its obsolete
equipment, the Oakland County Board of Commissioners, on July 20, 2023, adopted Miscellaneous
Resolution No. 2023-3083 pledging the full faith and credit of the County for bonds in the principal
amount not to exceed $75 million to cover much of the costs of Phase 1 of this Optimization Project.
Phase 2 of the project includes additions to and refurbishments of the facility’s peak flow storage
capacity along with additions and modifications to the secondary clarifier processes that meet the
requirements of Michigan’s Department of Environmental, Great Lakes, and Energy.
This phase of the project also calls for an alternate design to the secondary clarifiers called the
Mobile Organic Biofilm (MOB) which utilizes a bioreactor with mobile-biofilm carriers, retention
screens, and liquid and solids separation for biological nutrient removal. The process is inexpensive
and easy to integrate with wastewater treatment processes. As a bonus, it’s compatible with the
existing plant and minimizes the need for new infrastructure.
Phase 2 also will see the upgrading of the aeration blowers as well as replacing the return activated
sludge pumps and piping. Ultimately, this new process will make the existing plant more efficient and
will eliminate the need to rebuild the existing secondary clarifiers.
Requested Action: Adopt the resolution as presented pledging the full faith and credit of the
County for the prompt payment of the principal and interest on a series of bonds issued by
the Clinton River Water Resource Recovery Facility Drainage District in the aggregate
principal amount not to exceed $65,200,000, to be sold to the Michigan Finance Authority
through the State Revolving Fund program, to finance all or part of the costs of the project.
Presenters: Gary Nigro nigrog@oakgov.com 248-858-5243
Eric McGlothlin EmcGlothlin@dickinson-wright.com 248-433-7566
Steven Burke steveb@mfci.com 804-986-1419
Exhibit A-1
Clinton River Water Resource Recovery Facility Drain Optimization Project
As set forth in the petition filed with the Oakland County Water Resources Commissioner pursuant
to the provisions of Chapter 20 of the Drain Code of 1956, as amended, to be located as specified in
Schedule 1 hereto, the intra-county drain project shall include, without limitation, one or more of the
following:
1. At the Auburn Resource Recovery Facility:
a. Additions to and/or refurbishments of the facility’s peak flow storage capacity along with
additions and modifications to the secondary clarifier processes that satisfactorily meet the
requirements of the State of Michigan Department of Environmental, Great Lakes and
Energy, as well as all work, rights of way, easements, site work, equipment and
appurtenances necessary or incidental thereto.
b. Improvements to pump stations and appurtenances related to the sewage treatment
process, and the addition of new secondary clarifiers including all sludge conveyance
related channels and pipes.
c. Installation of new piping, electrical, controls and modifications to the existing blower
system including building modifications.
d. Improvements to electrical system, backup generators and cogeneration units to centralize
the power supply; and installation of new switchgear, primary and secondary power lines,
low & medium voltage, related electrical gear; and the removal and replacement of
obsolete generators, electrical wiring, conduit, poles and equipment to optimize the plant
power supply from DTE Energy to all buildings and components of the facilities along with
related control work.
e. Biogas cleaning and scrubbing equipment and related infrastructure additions and
improvements to maximize and optimize plant operations and efficiencies relating to the
sludge digestion processes including digester modifications and the thermal and microbial
hydrolysis treatment trains.
f. All work, rights of way, easements, site work, electrical and mechanical improvements,
equipment and appurtenances necessary or incidental thereto.
2. At the East Boulevard Recovery Facility: installation of new switchgear, primary and secondary
power lines and gear; and removal and replacement of obsolete generators, electrical wiring, conduit, poles
and equipment to optimize the plant power supply from DTE Energy to all buildings and components of the
facilities along with relate control work.
Exhibit A-2
Clinton River Water Resource Recovery Facility Drain Optimization Project – Phase II Project
As set forth in the petition filed with the Oakland County Water Resources Commissioner pursuant
to the provisions of Chapter 20 of the Drain Code of 1956, as amended, to be located as specified in
Schedule 1 hereto, the Phase II Project shall include, without limitation, one or more of the following:
At the Auburn Resource Recovery Facility:
1. Additions to and/or refurbishments of the facility’s peak flow storage capacity along with
additions and modifications to the secondary clarifier processes that satisfactorily meet the
requirements of the State of Michigan Department of Environmental, Great Lakes and
Energy, as well as all work, rights of way, easements, site work, equipment and
appurtenances necessary or incidental thereto.
2. Improvements to pump stations and appurtenances related to the sewage treatment
process, and the addition of new secondary clarifiers including all sludge conveyance
related channels and pipes.
3. Installation of new piping, electrical, controls and modifications to the existing blower
system including building modifications.
Clinton River Water Resource Recovery FacilityEast Blvd Plant274 Martin Luther King Jr. Blvd.Pontiac, MI
Clinton River Water Resource Recovery FacilityAuburn Plant155 N. Opdyke Rd.Pontiac, MI
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The information displayed in this map is compiled from recorded deeds, plats, tax maps, surveys and other public records. Although this information is intended to accurately reflect public information, it is not a legally recorded map or survey and is not intended to be used as one. Users should consult primary/original information sources where appropriate.
DISCLAIMER:
Date: 6/20/2023
Water Resources Commissioner’s OfficeClinton River Water Resources Recovery Facility Optimization Project City of Pontiac
p
FINAL ORDER OF APPORTIONMENT
IN RE
CLINTON RIVER WATER RESOURCE RECOVERY FACILITY
DRAIN OPTIMIZATION PROJECT
In accordance with a resolution adopted by the Drainage Board for the Clinton
River Water Resource Recovery Facility Drain Optimization Project on the 27th day of June,
2023,the apportionmentof the cost of the Clinton River Water Resource Recovery Facility Drain
Optimization Project to be borne by the several public corporations is as follows:
City of Auburn Hills 5.257%
Charter Township of Independence 4.090%
City of Lake Angelus 0.000%
Village of Lake Orion 0.570%
Charter Township of Oakland 1.315%
Charter Township of Orion 4.487%
Charter Township of Oxford 1.841%
Village of Oxford 0.572%
City of Pontiac 54.800%
City of Rochester 2.486%
City of Rochester Hills 10.242%
Charter Township of Waterford 11.198%Charter Township of West Bloomfield 3.142%
100.000%
DRAINAGE BOARD FOR THE CLINTON RIVER
WATER RESOURCE RECOVERY FACILITY
DRAIN OPTIMIZATION PROJECT
By [/anreson tg
Dated:June 27,2023
Filed:June 27,2023
4881-7048-0743 v1 [9007-447]