HomeMy WebLinkAboutMinutes - 2024.05.22 - 41267
1200 N. Telegraph Road, Bldg. 12 East, Pontiac, MI 48341
Board of Commissioners
David T. Woodward, Chair
May 22, 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
06:13 PM in the Commissioners' Auditorium, 1200 N. Telegraph Road, 12 E, Pontiac, MI
48341.
2. Roll Call
MEMBERS PRESENT: Robert Hoffman, Linnie Taylor, Penny Luebs, Ann Erickson Gault,
William Miller III, Angela Powell, Kristen Nelson, David Woodward, Charles Cavell,
Yolanda Smith Charles, Philip Weipert, Ajay Raman, Marcia Gershenson, Gwen
Markham, Christine Long, Brendan Johnson, Michael Spisz (17)
MEMBERS ABSENT WITH NOTICE: Karen Joliat, Michael Gingell (2)
3. Invocation - Michael Spisz
4. Pledge of Allegiance to the Flag
5. Approval of Minutes
a. Clerk/Register of Deeds - dated April 24, 2024
Board Action #2024-4174 _
Penny Luebs moved approval of the Minutes dated April 24, 2024, as
presented. Seconded by Christine Long.
Motion Passed.
A sufficient majority having voted in favor, the Minutes were approved as
presented.
6. Approval of Agenda
Linnie Taylor moved approval of the agenda, as presented. Seconded by Yolanda
Smith Charles.
Motion Passed.
A sufficient majority having voted in favor, the Agenda was approved as presented.
7. Public Hearing - 6:00 p.m. - Fiscal Year 2024 Appropriation for the Local Road
Improvement Program
Chair David Woodward made the following statement: "A Public Hearing is now called on
the Fiscal Year 2024 Appropriation for the Local Road Improvement Program. Is there
anyone who wishes to speak?" No one requested to speak and the Chairperson declared
the Public Hearing closed.
8. Presentations
a. Board of Commissioners - Presentation - Secretary of State Jocelyn
Benson
Board Action #2024-3987 _
Chair David Woodward addressed the Board to introduce Jocelyn Benson,
Secretary of State, State of Michigan.
Jocelyn Benson, Secretary of State, State of Michigan, addressed the Board to
give a presentation entitled: Michigan Department of State - Update.
b. Board of Commissioners - Awards - Outstanding Older Adult Awards
Board Action #2024-4184 _
Chair David Woodward addressed the Board to introduce the 2024 Outstanding
Older Adults Award recipients:
Claudia Buckley - Award presented by Angela Powell
Renie and Paul Daelemans - Awards presented by Kristen Nelson
Loretta DeLoach - Award presented by Yolanda Smith Charles
Harmen Guenther - Award presented by Linnie Taylor
Kip Kriigel - Award presented by Michael Spisz
Gregory Kucera - Award presented by Penny Luebs
David Nona - Award presented by Marcia Gershenson
Karen Zuczynski - Award presented by Gwen Markham
c. Board of Commissioners - Proclamation - National Gun Violence
Awareness-Wear Orange Day
Board Action #2024-4183 _
Chair David Woodward addressed the Board and invited the Commissioners to
join him in proclaiming June 7, 2024, as National Gun Violence Awareness Day
in Oakland County, as well as joining with members of Moms Demand Action for
Gun Sense in America in inviting the community to wear orange to raise
awareness about this issue.
d. Board of Commissioners - Presentation - Oakland Community Health
Network Update
Board Action #2024-3732 _
Chair David Woodward addressed the Board to introduce Dana Lasenby, CEO,
Oakland Community Health Network.
Dana Lasenby, CEO, Oakland Community Health Network addressed the Board
to give a presentation entitled: Prioritizing Crisis Continuum Care Services.
Discussion followed.
9. Communications
a. Board of Commissioners - Appointment to the Oakland County Historical
Commission
Board Action #2024-4196 _
Lisa Brown, Oakland County Clerk/Register of Deeds addressed the Board to
read a communication from Chair David Woodward appointing Ronald
Campbell to the Oakland County Historical Commission for three-year term
ending December 31, 2026.
b. Board of Commissioners - Grant Exception - FY 2024 Promoting Access to
Crisis Teams (PACT)
Board Action #2024-4197 _
Lisa Brown, Oakland County Clerk/Register of Deeds addressed the Board to
read a communication from Chair David Woodward notifying the Board that he
has authorized the submission of the following grant application:
Grant Name: FY 2024 Promoting Access to Crisis Teams (PACT)
Department: Sheriff's Office
Amount: $400,000
Grant Application Deadline: May 21, 2024
Moved by Robert Hoffman, seconded by Penny Luebs to receive and file the
presentations, communications and confirm the appointment.
Motion Passed.
A sufficient majority having voted in favor, the presentations and
communications were received and filed, and the appointment confirmed.
10. Public Comment
The following people addressed the Board during Public Comment #1: Kathryn Kennedy,
Suzanne Meloeny, Jeff Schaeper, Rik Kowall and Wendy Jackson. Reports of Standing Committees
Consent Agenda
11. Economic Development and Infrastructure Committee - Yolanda Smith Charles
a. Board of Commissioners - Fiscal Year 2024 Appropriation with the Charter
Township of White Lake for Tri-Party Road Improvement Program –
Project No. 57762
Board Action #2024-4046 _
approve Project No. 57762 submitted by the Charter Township of White
Lake and authorize the transfer of Tri-Party Road Improvement Program
funds in the amount of $57,203 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. 57762_Schedule A-Budget Amendment
2. 57762_Tri-Party_WhiteLakeTwp
b. Board of Commissioners - Fiscal Year 2024 Appropriation with the Charter
Township of Oakland for Tri-Party Road Improvement Program – Project
No. 57802
Board Action #2024-4047 _
approve Project No. 57802 submitted by the Charter Township of
Oakland and authorize the transfer of Tri-Party Road Improvement
Program funds in the amount of $38,333 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. 57802_OaklandTwp_Schedule A-Budget Amendment
2. 57802_Tri-Party_OaklandTwp
c. Board of Commissioners - Fiscal Year 2024 Appropriation with the City of
Rochester Hills for Tri-Party Road Improvement Program – Project
No. 57802
Board Action #2024-4111 _
approve Project No. 57802 submitted by the City of Rochester Hills and
authorize the transfer of Tri-Party Road Improvement Program funds in the
amount of $38,333 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. 57802_RochesterHills_Schedule A-Budget Amendment
2. 57802_Tri-Party_RochesterHills
d. Board of Commissioners - Fiscal Year 2024 Appropriation with the City of
Lathrup Village for Tri-Party Road Improvement Program – Project
No. 56921
Board Action #2024-4112 _
approve Project No. 56921 submitted by the City of Lathrup Village and
authorize the transfer of Tri-Party Road Improvement Program funds in the
amount of $146,240 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. 56921_Schedule A-Budget Amendment
2. 56921_Tri-Party_LathrupVillage
e. Board of Commissioners - Fiscal Year 2024 Appropriation with the Charter
Township of Oxford for Tri-Party Road Improvement Program – Project
No. 57812
Board Action #2024-4113 _
approve Project No. 57812 submitted by the Charter Township of
Oxford and authorize the transfer of Tri-Party Road Improvement Program
funds in the amount of $38,066 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. 57812_Schedule A-Budget Amendment
2. 57812_Tri-Party_OxfordTwp
f. Board of Commissioners - Fiscal Year 2024 Appropriation with
the Township of Holly for Tri-Party Road Improvement Program – Project
No. 57822
Board Action #2024-4114 _
approve Project No. 57822 submitted by the Township of Holly and
authorize the transfer of Tri-Party Road Improvement Program funds in the
amount of $21,262 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. 57822_Schedule A-Budget Amendment
2. 57822_Tri-Party_HollyTwp
g. 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
Board Action #2024-4036 _ 24-34
MR #24034
Bonds Pledging the Full Faith and Credit of Oakland County for Phase 2 of
the Clinton River Water Resource Recovery Facility Drain Optimization
Project
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.
adopt the attached Pledging the Full Faith and Credit of Oakland County
for Phase 2 of the Clinton River Water Resource Recovery Facility Drain
Optimization Project.
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
h. Water Resources Commissioner - Authorizing the Issuance of Bonds to
Finance Improvements to the City of Pontiac Sewage Disposal System
Board Action #2024-4108 _ 24-35
MR #24035
Bonds Authorizing the Issuance of Bonds to Finance Improvements to the
City of Pontiac Sewage Disposal System
WHEREAS the Oakland County Board of Commissioners has 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 structural
rehabilitation and reconstruction of sanitary sewer mains, manholes, and related
structures, installation of structural pipelining for approximately 46,000 lineal feet
of sanitary sewer mains and approximately 2,700 vertical feet of manhole pipes,
pre-liner chemical grouting, bypass sewer facilities, 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”), and to finance the
Project through the issuance of one or more series of bonds in the aggregate
principal amount not to exceed $5,000,000 pursuant to the provisions of Act 34,
Public Acts of Michigan, 2001, as amended (“Act 34”), as hereinafter described
(the “Project”); and
WHEREAS the statutory limit for County debt is $10,664,998,561 (10% of State
Equalized Value). As of April 30, 2024, the total pledged debt is $520,077,951 or
approximately 4.877% of the S.E.V.; and
WHEREAS the Board of Commissioners has determined to sell the bonds in one
or more series (the “Bonds”) in a private negotiated sale to the Michigan Finance
Authority (the “Authority”) as authorized by Act 227, Public Acts of Michigan,
1985, as amended (“Act 227”), in order to enable the Authority to provide
assistance with respect to the Project from the proceeds of the State of Michigan
Clean Water State Revolving Fund.
NOW THEREFORE BE IT RESOLVED
1. AUTHORIZATION OF BONDS—PURPOSE. The Bonds of the County aggregating the
principal sum to be determined by the County Water Resources Commissioner, acting as
County Agency for the County (the “County Agency”), but not to exceed $5,000,000 shall
be issued and sold in one or more series for the purpose of defraying a portion of the cost
of the Project, including the cost of issuing the Bonds. Costs of the Project not paid with
proceeds of the Bonds are expected to be paid with grant monies or other monies lawfully
available therefor.
2. BOND DETAILS. The Bonds shall be designated “Sewage Disposal System Capital
Improvement Bonds, Series 2024B,” or as otherwise designated by the County Agency at
the time of sale of the Bonds; shall be dated the date of delivery thereof; shall be numbered
from 1 upwards; shall be fully registered; shall be in any denomination not exceeding the
aggregate principal amount for each maturity at the option of the bondholder (provided,
however, that so long as the Bonds are registered in the name of the Authority, the Bonds
may be in the form of a single bond in a denomination equal to the aggregate outstanding
principal amount of the Bonds, with an exhibit attached thereto that identifies the annual
maturities for the Bonds, and references herein to the “Bonds” shall mean that single bond
registered in the name of the Authority); shall bear interest at a rate or rates not to exceed
6.00% as determined by the County Agency from the date of delivery of the various
principal installments as hereinafter described, payable on such dates as shall be
determined by the County Agency; and shall mature on such dates and in such principal
amounts as shall be determined by the County Agency; provided, however, that the final
maturity of the Bonds shall not be more than 30 years after the date that the Bonds are
delivered to the initial purchaser thereof.
The Bonds are expected to be delivered to the Authority as the initial purchaser thereof in
installments equal to the amounts advanced from time to time by the Authority to the
County pursuant to the Purchase Contract and the Supplemental Agreement (each as
hereinafter defined).
1. PAYMENT OF PRINCIPAL AND INTEREST. The principal of, premium, if any, and interest
on the Bonds shall be payable in lawful money of the United States. So long as the Bonds
are owned by the Authority, the Bonds are payable as to principal, redemption premium, if
any, and interest at U.S. Bank Trust Company, National Association, or at such other place
as shall be designated in writing to the County by the Authority (the “Authority’s
Depository”). So long as the Authority is the owner of the Bonds, the County agrees that
it will deposit with the Authority’s Depository payments of the principal of, premium, if any,
and interest on the Bonds in immediately available funds by 12:00 p.m. noon at least five
business days prior to the date on which any such payment is due, whether by maturity,
redemption or otherwise. If the Bonds are not registered in the name of the Authority, the
principal of and premium, if any, on the Bonds are payable upon the surrender thereof at
the office of the bond registrar and paying agent and the interest is payable by check or
draft mailed by the bond registrar and paying agent to the registered owner of the Bonds
at the address appearing on the registration books of the County kept by the bond registrar
and paying agent as of the 15th day of the month preceding the month in which an interest
payment is due.
2. PRIOR REDEMPTION. The Bonds shall be subject to redemption prior to maturity upon
the terms and conditions set forth in the form of Bonds contained in section 7 hereof.
3. BOND REGISTRAR AND PAYING AGENT. Until a successor is appointed by the Board
of Commissioners, the County Treasurer shall act as bond registrar and paying agent.
4. 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 the bond registrar and paying agent or an authorized
representative of the bond registrar and paying agent. After the Bonds have been
executed and authenticated for delivery to the Authority as the original purchaser thereof,
they shall be delivered by the County Treasurer to the purchaser upon receipt of the
purchase price or upon compliance with the terms and conditions of the Purchase
Contract. Additional Bonds bearing the manual or facsimile signatures of the Chairperson
of the Board of Commissioners and the County Clerk 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.
5. FORM OF BONDS. The Bonds shall be in substantially the following form, with such
changes thereto as are necessary to conform to any order of the County Agency issued in
accordance with this Resolution:
[FORM OF CWSRF BOND]
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
SEWAGE DISPOSAL SYSTEM CAPITAL IMPROVEMENT BONDS, SERIES 2024B
INTEREST RATE
MATURITY DATE
DATE OF ORIGINAL
ISSUE
_______% See Exhibit A __________, 2024
Registered Owner: Michigan Finance Authority
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 or so much thereof as shall have been advanced to the
County pursuant to a Purchase Contract between the County and the Michigan Finance Authority
(the “Authority”) and a Supplemental Agreement by and among the County, the Authority and the
State of Michigan acting through the Department of Environment, Great Lakes, and Energy on the
maturity dates and in the amounts set forth in Exhibit A attached hereto, unless redeemed prior
thereto as hereinafter provided, the final payment to be made upon presentation and surrender of
this bond at the office of the County Treasurer, County of Oakland, State of Michigan, the bond
registrar and paying agent, or at such successor bond registrar and paying agent as may be
designated pursuant to the Resolution (as hereinafter defined), and to pay to the Registered
Owner, as shown on the registration books at the close of business on the 15th day of the calendar
month preceding the month in which an interest payment is due, by check or draft mailed by the
bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the
registered address, interest at the rate per annum specified above on such Principal Amount, to
the extent advanced to the County pursuant to the Purchase Contract and the Supplemental
Agreement and not forgiven pursuant to the related Order of Approval issued by the Michigan
Department of Environment, Great Lakes, and Energy, until the County's obligation with respect to
the payment of such Principal Amount is discharged. Interest is payable on the first day of _______
and _________ in each year, commencing on ________ 1, 202_. Principal and interest are
payable in lawful money of the United States of America.
In the event of a default in the payment of principal or interest hereon when due, whether
at maturity, by redemption or otherwise, the amount of such default shall bear interest (the
“additional interest”) at a rate equal to the rate of interest that is two percent above the Authority's
cost of providing funds (as determined by the Authority) to make payment on the bonds of the
Authority issued to provide funds to purchase this bond but in no event in excess of the maximum
rate of interest permitted by law. The additional interest shall continue to accrue until the Authority
has been fully reimbursed for all costs incurred by the Authority (as determined by the Authority)
as a consequence of the County's default. Such additional interest shall be payable on the interest
payment date following demand of the Authority. In the event that (for reasons other than the
default in the payment of any municipal obligation purchased by the Authority) the investment of
amounts in the reserve account established by the Authority for the bonds of the Authority issued
to provide funds to purchase this bond fails to provide sufficient available funds (together with any
other funds that may be made available for such purpose) to pay the interest on outstanding bonds
of the Authority issued to fund such account, the County shall and hereby agrees to pay on demand
only the County's pro rata share (as determined by the Authority) of such deficiency as additional
interest on this bond.
During the time funds are being drawn down by the County under this bond, the Authority
periodically will provide the County a statement showing the amount of principal that has been
advanced and the date of each advance, which statement shall constitute prima facie evidence of
the reported information; provided that no failure on the part of the Authority to provide such a
statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the
County of its obligation to repay the outstanding principal amount actually advanced, all accrued
interest thereon, and any other amount payable with respect thereto in accordance with the terms
of this bond.
This bond is issued by the County under and pursuant to and in full conformity with 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 part of the cost of acquiring, constructing, and installing
sewage disposal system facilities to improve the County’s City of Pontiac Sewage Disposal System
(the “System”).
The County has irrevocably pledged its full faith and credit for the prompt payment of the
principal of and interest on this bond as the same become due. In addition, the County has
authorized the net revenues derived from users of the System to be used to pay the principal of
and interest on this bond when due. In the event and to the extent that the net revenues derived
from users of the System are not sufficient to pay the principal of and interest on this bond, such
principal and interest 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 this bond, 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 any denomination not exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange this bond
or any portion of this bond that has been selected for redemption.
This bond is subject to redemption prior to maturity at the option of the County and with the
prior written consent of and upon such terms as may be required by the Authority. That portion of
the bond 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.
Notwithstanding any other provision of this bond, so long as the Authority is the owner of
this bond, (a) this bond is payable as to principal, premium, if any, and interest at U.S. Bank Trust
Company, National Association, or at such other place as shall be designated in writing to the
County by the Authority (the “Authority's Depository”); (b) the County agrees that it will deposit with
the Authority’s Depository payments of the principal of, premium, if any, and interest on this bond
in immediately available funds by 12:00 p.m. noon at least five business days prior to the date on
which any such payment is due whether by maturity, redemption or otherwise; in the event that the
Authority’s Depository has not received the County's deposit by 12:00 p.m. noon on the scheduled
day, the County shall immediately pay to the Authority as invoiced by the Authority an amount to
recover the Authority's administrative costs and lost investment earnings attributable to that late
payment; and (c) written notice of any redemption of this bond shall be given by the County and
received by the Authority's Depository at least 40 days prior to the date on which redemption is to
be made.
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 this bond, 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 this bond, does not exceed any constitutional or
statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of
Commissioners, has caused this bond to be executed in its name by the manual or facsimile
signatures of its Chairperson of the Board of Commissioners and County Clerk. This bond shall
not be valid unless the Certificate of Authentication has been manually executed by the bond
registrar and paying agent or an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
By: ___________________________________
_
Chairperson of the Board of Commissioners
And: ___________________________________
_
County Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned Resolution.
By: ___________________________________
Treasurer, County of Oakland
Bond Registrar and Paying Agent
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.
EXHIBIT A
Name of Issuer: County of Oakland
EGLE Project No: 5901-01
EGLE Approved Amount: $
SCHEDULE I
Based on the schedule provided below, unless revised as provided in this paragraph, repayment
of principal of the Bond shall be made until the full amount advanced to the Issuer is repaid. In the
event the Order of Approval issued by the Department of Environment, Great Lakes, and Energy
(the “Order”) approves a principal amount of assistance less than the amount of the Bond delivered
to the Authority, the Authority shall only disburse principal up to the amount stated in the Order. In
the event (1) that the payment schedule approved by the Issuer and described below provides for
payment of a total principal amount greater than the amount of assistance approved by the Order
or (2) that less than the principal amount of assistance approved by the Order is disbursed to the
Issuer by the Authority, or (3) that any portion of the principal amount of assistance approved by
the Order and disbursed to the Issuer is forgiven pursuant to the Order, the Authority shall prepare
a new payment schedule that shall be effective upon receipt by the Issuer.
Due Date Amount of Principal Installment Due
Interest on the Bond shall accrue on that portion of principal disbursed by the Authority to the Issuer
from the date principal is disbursed, until paid, at the rate of ____% per annum, payable
__________ 1, 20__, and semiannually thereafter.
The Issuer agrees that it will deposit with U.S. Bank Trust Company, National Association, or at
such other place as shall be designated in writing to the Issuer by the Authority (the “Authority’s
Depository”) payments of the principal of, premium, if any, and interest on this Bond in immediately
available funds by 12:00 p.m. (noon) at least five business days prior to the date on which any
such payment is due whether by maturity, redemption or otherwise. In the event that the Authority’s
Depository has not received the Issuer’s deposit by 12:00 p.m. (noon) on the scheduled day, the
Issuer shall immediately pay to the Authority as invoiced by the Authority an amount to recover the
Authority’s administrative costs and lost investment earnings attributable to that late payment.
[END OF BOND FORM]
1. PRINCIPAL AND INTEREST FUND. There shall be established for the Bonds a Principal
and Interest Fund which shall be accounted for separately and shall be used only to retire
the Bonds. From the proceeds of the sale of the Bonds there shall be set aside in the
Principal and Interest Fund any premium and accrued interest received from the purchaser
of the Bonds at the time of delivery of the Bonds. All payments made by the County
pursuant to section 11 hereof are pledged for payment of the principal of and interest on
the Bonds and expenses incidental thereto and as received shall be placed in the Principal
and Interest Fund to be used to pay the principal and interest on the Bonds.
2. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the Bonds as
received from time to time 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 8 hereof.
3. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The Bonds shall
be sold at a private, negotiated sale to the Authority, as authorized by Act 227. It is hereby
determined that this method of sale is in the best interests of the County and is calculated
to provide the County with the lowest cost of borrowing money. The sale shall be made
pursuant to the terms and conditions to be set forth in a Purchase Contract (the “Purchase
Contract”) and a Supplemental Agreement (the “Supplemental Agreement”). The County
Agency is authorized to execute and deliver the Supplemental Agreement and the
Purchase Contract in such forms as shall be approved by the County Agency, with such
approval to be evidenced by the County Agency's signature thereon. Notwithstanding any
other provision of this Resolution, the Bonds shall be initially sold to the Authority as one
bond, numbered 1, in the full aggregate principal amount of the Bonds. The County Agency
is authorized to execute one or more written orders (i) containing the determinations that
the County Agency is authorized to make as provided in this Resolution and (ii) making
such changes in the provisions of the Bonds or this Resolution to comply with the
requirements of the Authority or otherwise to enable the Bonds to be sold to the Authority.
In addition, the Chairperson of the Board of Commissioners, the Clerk, the Treasurer, the
County Agency and other County employees and officials are authorized to execute and
deliver to the Authority the Issuer's Certificate and any such certificates and documents as
the Authority or bond counsel shall require and 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.
4. SECURITY. The full faith and credit of the County are pledged hereby to the payment of
the principal of 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. Notwithstanding the foregoing, it is expected that the principal
of and interest on the bonds will be paid from revenues of the System. The net revenues
derived from the users of the System have previously been authorized for the payment of
principal of and interest on the County's Sewage Disposal System Capital Improvement
Bonds, Series 2024A (the “Prior Bonds”), in accordance with the provisions of the City of
Pontiac Sewage Disposal System Contract dated as of April 19, 2012 between the County
and the City of Pontiac, and such revenues are hereby authorized to be used for the
payment of the principal of and interest on the Bonds on a parity basis with the Prior Bonds
and any other obligations heretofore or hereafter issued for which the net revenues of the
System have been authorized or pledged for the repayment thereof. To the extent that the
net revenues of the System are insufficient to pay the principal of and interest on the
Bonds, the proceeds of taxes (both current and delinquent) shall be deposited as collected
into the principal and interest fund established in section 8 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. Nothing in this section 11 shall preclude the County
from issuing revenue bonds pursuant to Act 94, Public Acts of Michigan, 1933, as
amended, or additional bonds pursuant to Act 34 to pay the costs of further improvements
to the System and authorizing the net revenues derived from the users of the System for
the payment of such bonds on a parity basis with the Prior Bonds and the Bonds.
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimated period of
usefulness of the Project is hereby determined to be not less than 30 years and
upwards, and the plans for and estimated cost of the Project in the amount of not less
than $5,000,000 are hereby approved and adopted.
1. EXCHANGE AND TRANSFER OF BONDS. Any Bond, at the option of the registered owner
thereof and upon surrender thereof to the bond registrar and paying agent with a written
instrument of transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his duly authorized attorney, may be exchanged for Bonds of any
other 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 Bond 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 [insert applicable date].”
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. 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.
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 and interest on a series of the Bonds, shall have been
deposited in trust, this Resolution shall be defeased and the owners of such series of
Bonds shall have no further rights under this Resolution except to receive payment of the
principal of and interest on such series of Bonds from the cash or securities deposited in
trust and the interest and gains thereon and to transfer and exchange such series of Bonds
as provided herein.
3. 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 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.
4. 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.
5. NOTICE OF ISSUANCE OF BONDS. Within 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
Fort 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 e-mail 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 are in conflict herewith, are rescinded.
Attachments:
1. 2024-05-15 Map Pontiac Lining CWSRF 5901-01
2. 2024-05-15 EDI Memo Bond Sale for Pontiac Sewer Improvemen
i. Water Resources Commissioner - Authorizing the Issuance of Bonds to
Finance Improvements to the City of Pontiac Water Supply System
Board Action #2024-4120 _ 24-36
MR #24036
Bonds Authorizing the Issuance of Bonds to Finance Improvements to the
City of Pontiac Water Supply System
WHEREAS the Oakland County Board of Commissioners has determined that it
is necessary to acquire, construct, and install water supply system improvements
and facilities to improve the County’s City of Pontiac Water Supply System (the
“System”) to be financed through the issuance of two or more series of bonds in
the aggregate principal amount not to exceed $13,210,000 pursuant to the
provisions of Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”),
which improvements are known as the Indian Village and Ottawa Hills Project as
hereinafter described (the “Project”); and
WHEREAS the Board of Commissioners has determined to sell one or more series
of bonds (the Drinking Water Revolving Fund “DWRF Bonds”) in a private
negotiated sale to the Michigan Finance Authority (the “Authority”) as authorized
by Act 227, Public Acts of Michigan, 1985, as amended (“Act 227”), in order to
enable the Authority to provide assistance with respect to the Project from the
proceeds of the State of Michigan Drinking Water Revolving Fund; and
WHEREAS the Board of Commissioners has also determined to sell one or more
additional series of bonds (the “Open Market Bonds” and together with the DWRF
Bonds, the “Bonds”) to finance that portion of the Project not financed with the
proceeds of the DWRF Bonds or paid from other available funds; and
WHEREAS the statutory limit for County debt is $10,664,998,561 (10% of State
Equalized Value). As of April 30, 2024, the total pledged debt is $520,077,951 or
approximately 4.877% of the S.E.V.; 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 which 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. The Bonds of the County aggregating the
principal sum of not to exceed Thirteen Million Two Hundred Ten Thousand Dollars
($13,210,000) shall be issued and sold in two or more series for the purpose of defraying
the cost of the Project, including the cost of issuing the Bonds. The Project shall consist,
without limitation, of the replacement and upgrade of watermain and the replacement of
water service lines 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 County Water
Resources Commissioner, acting as County Agency for the County (the “County Agency”),
shall determine by order the portion of the Project to be financed by each series of the
Bonds.
2. DWRF BONDS DETAILS. The DWRF Bonds shall be designated “Water Supply System
Bonds, Series _____,” with the year and letter as determined by the County Agency to be
inserted in the blank in the name of each series of the Open Market Bonds, or as such
bonds may be otherwise designated by the County Agency at the time of sale of the Bonds;
shall be dated the date of delivery thereof; shall be numbered from 1 upwards; shall be
fully registered; shall be in any denomination not exceeding the aggregate principal amount
for each maturity at the option of the bondholder (provided, however, that so long as the
DWRF Bonds are registered in the name of the Authority, the DWRF Bonds may be in the
form of a single bond in a denomination equal to the aggregate outstanding principal
amount of the DWRF Bonds, with an exhibit attached thereto that identifies the annual
maturities for the DWRF Bonds, and references herein to the “DWRF Bonds” shall mean
that single bond registered in the name of the Authority); shall bear interest at a rate or
rates not to exceed 3% as determined by the County Agency from the date of delivery of
the various principal installments as hereinafter described, payable on such dates as shall
be determined by the County Agency; and shall mature on such dates and in such principal
amounts as shall be determined by the County Agency; provided, however, that the final
maturity of the DWRF Bonds shall not be more than 30 years after the date that the DWRF
Bonds are delivered to the initial purchaser thereof.
The DWRF Bonds are expected to be delivered to the Authority as the initial purchaser
thereof in installments equal to the amounts advanced from time to time by the Authority
to the County pursuant to the Purchase Contract and the Supplemental Agreement (each
as hereinafter defined).
1. PAYMENT OF PRINCIPAL AND INTEREST. The principal of, premium, if any, and interest
on the DWRF Bonds shall be payable in lawful money of the United States. So long as the
DWRF Bonds are owned by the Authority, the DWRF Bonds are payable as to principal,
redemption premium, if any, and interest at The Bank of New York Mellon Trust Company,
N.A., or at such other place as shall be designated in writing to the County by the Authority
(the “Authority’s Depository”). So long as the Authority is the owner of the DWRF Bonds,
the County agrees that it will deposit with the Authority’s Depository payments of the
principal of, premium, if any, and interest on the DWRF Bonds in immediately available
funds by 12:00 noon at least five business days prior to the date on which any such
payment is due, whether by maturity, redemption or otherwise. If the DWRF Bonds are not
registered in the name of the Authority, the principal of and premium, if any, on the DWRF
Bonds are payable upon the surrender thereof at the office of the bond registrar and paying
agent and the interest is payable by check or draft mailed by the bond registrar and paying
agent to the registered owner of the DWRF Bonds at the address appearing on the
registration books of the County kept by the bond registrar and paying agent as of the
15th day of the month preceding the month in which an interest payment is due.
2. PRIOR REDEMPTION. The DWRF Bonds shall be subject to redemption prior to maturity
upon the terms and conditions set forth in the form of DWRF Bonds contained in section 7
hereof.
3. BOND REGISTRAR AND PAYING AGENT. Until a successor is appointed by the Board of
Commissioners, the County Treasurer shall act as bond registrar and paying agent.
4. EXECUTION, AUTHENTICATION AND DELIVERY OF DWRF BONDS. The DWRF 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 the bond registrar and paying agent or 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 DWRF Bonds. After the DWRF
Bonds have been executed and authenticated for delivery to the Authority as the original
purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon
receipt of the purchase price or upon compliance with the terms and conditions of the
Purchase Contract. Additional DWRF 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 DWRF Bonds. The bond registrar and paying agent shall indicate
on each DWRF Bonds the date of its authentication.
5. FORM OF DWRF BONDS. The DWRF Bonds shall be in substantially the following form,
with such changes thereto as necessary to conform to any order of the County Agency
issued in accordance with this Resolution:
[FORM OF DWRF BOND]
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
WATER SUPPLY SYSTEM BOND, SERIES _____
INTEREST RATE
MATURITY DATE
DATE OF ORIGINAL
ISSUE
_______% See Exhibit A __________, 2024
Registered Owner: Michigan Finance Authority
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 or so much thereof as shall have been advanced to the
County pursuant to a Purchase Contract between the County and the Michigan Finance Authority
(the “Authority”) and a Supplemental Agreement by and among the County, the Authority and the
State of Michigan acting through the Department of Environment, Great Lakes and Energy on the
maturity dates and in the amounts set forth in Exhibit A attached hereto, unless redeemed prior
thereto as hereinafter provided, the final payment to be made upon presentation and surrender of
this bond at the office of the County Treasurer, County of Oakland, State of Michigan, the bond
registrar and paying agent, or at such successor bond registrar and paying agent as may be
designated pursuant to the Resolution (as hereinafter defined), and to pay to the Registered
Owner, as shown on the registration books at the close of business on the 15th day of the calendar
month preceding the month in which an interest payment is due, by check or draft drawn upon and
mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered
Owner at the registered address, interest at the rate per annum specified above on such Principal
Amount, to the extent advanced to the County pursuant to the Purchase Contract and the
Supplemental Agreement and not forgiven pursuant to the related Order of Approval issued by the
Michigan Department of Environment, Great Lakes and Energy, until the County’s obligation with
respect to the payment of such Principal Amount is discharged. Interest is payable on the first day
of _______ and _________ in each year, commencing on ________ 1, 20__. Principal and interest
are payable in lawful money of the United States of America.
In the event of a default in the payment of principal or interest hereon when due, whether
at maturity, by redemption or otherwise, the amount of such default shall bear interest (the
“additional interest”) at a rate equal to the rate of interest that is 2% above the Authority’s cost of
providing funds (as determined by the Authority) to make payment on the bonds of the Authority
issued to provide funds to purchase this bond but in no event in excess of the maximum rate of
interest permitted by law. The additional interest shall continue to accrue until the Authority has
been fully reimbursed for all costs incurred by the Authority (as determined by the Authority) as a
consequence of the County’s default. Such additional interest shall be payable on the interest
payment date following demand of the Authority. In the event that (for reasons other than the
default in the payment of any municipal obligation purchased by the Authority) the investment of
amounts in the reserve account established by the Authority for the bonds of the Authority issued
to provide funds to purchase this bond fails to provide sufficient available funds (together with any
other funds that may be made available for such purpose) to pay the interest on outstanding bonds
of the Authority issued to fund such account, the County shall and hereby agrees to pay on demand
only the County’s pro rata share (as determined by the Authority) of such deficiency as additional
interest on this bond.
During the time funds are being drawn down by the County under this bond, the Authority
periodically will provide the County a statement showing the amount of principal that has been
advanced and the date of each advance, which statement shall constitute prima facie evidence of
the reported information; provided that no failure on the part of the Authority to provide such a
statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the
County of its obligation to repay the outstanding principal amount actually advanced, all accrued
interest thereon, and any other amount payable with respect thereto in accordance with the terms
of this bond.
This bond is issued by the County under and pursuant to and in full conformity with 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 part of the cost of acquiring, constructing, and installing water
supply system facilities to improve the County’s City of Pontiac Water Supply System (the
“System”).
The County has authorized the net revenues derived from users of the System to be used
to pay the principal of and interest on this bond 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 this bond
as the same become due. In the event and to the extent that the net revenues derived from users
of the System are not sufficient to pay the principal of and interest on this bond, such principal and
interest 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 this bond, 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
any denomination not exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange this bond
or any portion of this bond that has been selected for redemption.
This bond is subject to redemption prior to maturity at the option of the County and with the
prior written consent of and upon such terms as may be required by the Authority. That portion of
the bond 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.
Notwithstanding any other provision of this bond, so long as the Authority is the owner of
this bond, (a) this bond is payable as to principal, premium, if any, and interest at U.S. Bank Trust
Company, National Association, or at such other place as shall be designated in writing to the
County by the Authority (the “Authority’s Depository”); (b) the County agrees that it will deposit with
the Authority’s Depository payments of the principal of, premium, if any, and interest on this bond
in immediately available funds by 12:00 noon at least five business days prior to the date on which
any such payment is due whether by maturity, redemption or otherwise; in the event that the
Authority’s Depository has not received the County’s deposit by 12:00 noon on the scheduled day,
the County shall immediately pay to the Authority as invoiced by the Authority an amount to recover
the Authority’s administrative costs and lost investment earnings attributable to that late payment;
and (c) written notice of any redemption of this bond shall be given by the County and received by
the Authority’s Depository at least 40 days prior to the date on which redemption is to be made.
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 this bond, 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 this bond, does not exceed any constitutional or
statutory limitation.
IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of
Commissioners, has caused this bond to be executed in its name by the manual or facsimile
signatures of its Chairperson of the Board of Commissioners and County Clerk and its 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 the bond registrar and paying agent
or an authorized representative of the bond registrar and paying agent.
COUNTY OF OAKLAND
By: ___________________________________
_
Chairperson of the Board of Commissioners
(SEAL)
And: ___________________________________
_
County Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned Resolution.
By: ___________________________________
Treasurer, County of Oakland
Bond Registrar and Paying Agent
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.
EXHIBIT A
Name of Issuer: County of Oakland
EGLE Project No: 7774-01
EGLE Approved Amount: $
SCHEDULE I
Based on the schedule provided below, unless revised as provided in this paragraph, repayment
of principal of the Bond shall be made until the full amount advanced to the Issuer is repaid. In the
event the Order of Approval issued by the Department of Environment, Great Lakes, and Energy
(the “Order”) approves a principal amount of assistance less than the amount of the Bond delivered
to the Authority, the Authority shall only disburse principal up to the amount stated in the Order. In
the event (1) that the payment schedule approved by the Issuer and described below provides for
payment of a total principal amount greater than the amount of assistance approved by the Order
or (2) that less than the principal amount of assistance approved by the Order is disbursed to the
Issuer by the Authority, or (3) that any portion of the principal amount of assistance approved by
the Order and disbursed to the Issuer is forgiven pursuant to the Order, the Authority shall prepare
a new payment schedule that shall be effective upon receipt by the Issuer.
Due Date Amount of Principal Installment Due
Interest on the Bond shall accrue on that portion of principal disbursed by the Authority to the Issuer
from the date principal is disbursed, until paid, at the rate of ____% per annum, payable
__________ 1, 20__, and semiannually thereafter.
The Issuer agrees that it will deposit with U.S. Bank Trust Company, National Association, or at
such other place as shall be designated in writing to the Issuer by the Authority (the “Authority’s
Depository”) payments of the principal of, premium, if any, and interest on this Bond in immediately
available funds by 12:00 p.m. (noon) at least five business days prior to the date on which any
such payment is due whether by maturity, redemption or otherwise. In the event that the Authority’s
Depository has not received the Issuer’s deposit by 12:00 p.m. (noon) on the scheduled day, the
Issuer shall immediately pay to the Authority as invoiced by the Authority an amount to recover the
Authority’s administrative costs and lost investment earnings attributable to that late payment.
[END OF DWRF BOND FORM]
1. PRINCIPAL AND INTEREST FUND. There shall be established for each series of DWRF
Bonds a Principal and Interest Fund which shall be accounted for separately and shall be
used only to retire such series of DWRF Bonds. From the proceeds of the sale of each
series of DWRF Bonds there shall be set aside in the respective Principal and Interest
Fund any premium and accrued interest received from the purchaser of the DWRF Bonds
at the time of delivery of the DWRF Bonds. All payments made by the County pursuant to
section 24 hereof are pledged for payment of the principal of and interest on the DWRF
Bonds and expenses incidental thereto and as received shall be placed in the Principal
and Interest Fund to be used to pay the principal and interest on the respective series of
DWRF Bonds.
2. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the DWRF Bonds
as received from time to time 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 DWRF Bonds remaining in the construction fund
after completion of the Project shall be deposited in the Principal and Interest Fund
established in section 8 hereof.
3. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF DWRF BONDS. Each
series of DWRF Bonds shall be sold at a private, negotiated sale to the Authority, as
authorized by Act 227. It is hereby determined that this method of sale is in the best
interests of the County and is calculated to provide the County with the lowest cost of
borrowing money. The sale shall be made pursuant to the terms and conditions to be set
forth in a Purchase Contract (the “Purchase Contract”) and a Supplemental Agreement
(the “Supplemental Agreement”). The County Agency is authorized to execute and deliver
the Supplemental Agreement and the Purchase Contract in such forms as shall be
approved by the County Agency, with such approval to be evidenced by the County
Agency’s signature thereon. Notwithstanding any other provision of this Resolution, the
DWRF Bonds shall be initially sold to the Authority as one bond, numbered 1, in the full
aggregate principal amount of the DWRF Bonds. The County Agency is authorized to
execute one or more written orders (i) containing the determinations that the County
Agency is authorized to make as provided in this Resolution and (ii) making such changes
in the provisions of the DWRF Bonds or this Resolution to comply with the requirements
of the Authority or otherwise to enable the DWRF Bonds to be sold to the Authority. In
addition, the Chairperson of the Board of Commissioners, the Clerk, the Treasurer, the
County Agency and other County employees and officials are authorized to execute and
deliver to the Authority the Issuer’s Certificate and any such certificates and documents as
the Authority or bond counsel shall require and to do all other things necessary to
effectuate the sale, issuance, delivery, transfer and exchange of the DWRF Bonds in
accordance with the provisions of this Resolution.
4. AUTHORIZATION OF OPEN MARKET BONDS – PURPOSE. The Open Market Bonds of
the County shall be issued and sold in one or more series as determined by the County
Agency pursuant to the provisions of Act 34, and other applicable statutory provisions, for
the purpose of defraying that part of the cost of the Project not financed by the DWRF
Bonds or paid from other available funds.
5. OPEN MARKET BOND DETAILS. The Open Market Bonds shall be designated
“Water Supply System Bonds, Series ______,” with the year and letter as
determined by the County Agency to be inserted in the blank in the name
of each series of the Open Market Bonds, or as such bonds may be
otherwise designated by 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 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 at the time of sale;
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 a series
of Open Market Bonds shall not be more than 25 years after the date that
such series of Open Market Bonds is delivered to the initial purchasers
thereof.
6. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Open
Market Bonds shall be payable in lawful money of the United States. Principal shall be
payable upon presentation and surrender of the Open Market Bonds to the bond registrar
and paying agent as they severally mature. Interest shall be paid to the registered owner
of each Open Market 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 check or draft drawn upon and mailed by the bond
registrar and paying agent to the registered owner at the registered address.
7. BOOK-ENTRY SYSTEM. Initially, one fully registered Open Market 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 Open Market 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 Open Market
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 Open Market Bonds to
any Participant having Open Market Bonds certified to its DTC account or to arrange for
another securities depository to maintain custody of certificates evidencing the Open
Market Bonds.
Notwithstanding any other provision of this Resolution to the contrary, so long as any Open
Market 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 Open
Market Bond and all notices with respect to the Open Market Bond shall be made and
given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations
between DTC and the County, and the County Treasurer and the County Agency are each
authorized to sign such additional documents as such officer deems necessary or
appropriate in order to accomplish the issuance of the Open Market 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 Open Market Bonds shall not initially
be issued through the book-entry-only transfer system of DTC.
1. PRIOR REDEMPTION. The Open Market Bonds shall be subject to 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 Open Market
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.
3. EXECUTION, AUTHENTICATION AND DELIVERY OF OPEN MARKET BONDS. The
Open Market 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 Open Market Bonds. After the Open Market 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 Open
Market 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
Open Market Bonds. The bond registrar and paying agent shall indicate on each bond the
date of its authentication.
4. FORM OF OPEN MARKET BONDS. The Open Market 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 OPEN MARKET BOND]
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
WATER SUPPLY SYSTEM BOND, SERIES _____
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 drawn upon and mailed by the bond
registrar and paying agent by first class mail postage prepaid to the Registered Owner at the
registered address, interest on such Principal Amount 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 with 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 part of the cost of
acquiring, constructing, and installing water supply system facilities to improve the County’s City of
Pontiac Water Supply System (the “System”).
The County has authorized the net revenues derived from users 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. In the event and to the extent that the net revenues derived from users
of the System are not sufficient to pay the principal of and interest on the bonds, such principal and
interest 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 one or more
interest payment dates 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, but without
premium.
Not less than 30 days’ nor more than 60 days’ notice of redemption shall be given to the
holders of bonds called to be redeemed by mail to the registered holder at the registered address.
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 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 OPEN MARKET BOND FORM]
1. PRINCIPAL AND INTEREST FUND. There shall be established for each series of Open
Market Bonds a Principal and Interest Fund which shall be accounted for separately and
shall be used only to retire such series of Open Market Bonds. From the proceeds of the
sale of each series of Open Market Bonds there shall be set aside in the respective
Principal and Interest Fund any premium and accrued interest received from the purchaser
of the Open Market Bonds at the time of delivery of the Open Market Bonds in the amounts
determined by the County Agency. All payments made by the County pursuant to section
24 hereof are pledged for payment of the principal of and interest on the Open Market
Bonds and expenses incidental thereto and as received shall be placed in the Principal
and Interest Fund to be used to pay the principal and interest on the respective series of
Open Market Bonds.
2. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the Open Market
Bonds shall be set aside in a construction fund for the Project and used to defray the cost
of the Project and, to the extent not needed to pay the cost of the Project, shall be
deposited in the Principal and Interest Fund established in section 19 hereof or,
alternatively, used to acquire and construct additional capital improvements to the System
as determined by the Board of Commissioners of the County.
3. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF OPEN MARKET BONDS.
The County Agency is hereby authorized to determine the principal amount of each series
of Open Market Bonds to be sold and to determine the other bond details as described in
section 12 hereof and the terms and conditions for prior redemption as described in section
15 hereof. The Open Market 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 Open Market Bonds and
prescribe the form of notice of sale for the Open Market Bonds and do all things necessary
to effectuate the sale, issuance, delivery, transfer and exchange of the Open Market Bonds
in accordance with the provisions of this Resolution. The Open Market 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 Open Market Bonds and the winning bidder upon the sale of the Open Market 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 Open Market Bonds in accordance
with the provisions of this Resolution.
4. OFFICIAL STATEMENT. The County Agency and the County Treasurer are each
authorized to cause the preparation of an official statement for the Open Market 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 Open Market 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 paragraphs (b)(3) and (b)(4) of the
Rule and the rules of the Municipal Securities Rulemaking Board.
5. 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 Open
Market 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.
6. SECURITY. The net revenues derived from the users of the System have previously been
pledged for the payment of principal and interest on the County's City of Pontiac Water
Supply System Bond, Series 2016A, the City of Pontiac Water Supply System Bond,
Series 2015A, City of Pontiac Water Supply System Bond, Series 2015B, the City of
Pontiac Water Supply System Improvements Bonds, Series 2014 and the City of Pontiac’s
Water Supply System Revenue Bonds, Series 2010 (collectively, the “Prior Bonds”), in
accordance with the provisions of the City of Pontiac Water Supply System Contract dated
as of April 19, 2012 between the County and the City of Pontiac, and the net revenues are
authorized for the payment of the principal of and interest on the Open Market Bonds on a
parity basis with the Prior Bonds, to the extent that the Prior Bonds remain outstanding.
The Open Market Bonds shall also be limited tax general obligations of the County. The
full faith and credit of the County are pledged for the prompt payment of the principal of
and interest on the Open Market Bonds as the same shall become due. Each year the
County shall be obligated, as a first budget obligation, to advance moneys from its general
funds or to levy ad valorem property taxes on all taxable property within its corporate
boundaries to pay such principal and interest as the same become due in the event and to
the extent that the net revenues derived from the users of the System are not sufficient to
make such payment. The ability of the County to raise funds to pay such amounts is subject
to applicable constitutional and statutory limitations on the taxing power of the County.
Nothing in this section 11 shall preclude the County from issuing revenue bonds pursuant
to Act 94, Public Acts of Michigan, 1933, as amended, or additional bonds pursuant to Act
34 to pay the costs of further improvements to the System and pledging or authorizing the
net revenues derived from the users of the System for the payment of such bonds on a
parity basis with the Prior Bonds and the Open Market Bonds.
1. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimated period of
usefulness of the Project is hereby determined to be not less than 30 years and
upwards, and the plans for and estimated cost of the Project in the amount of
$13,210,000 are hereby approved and adopted.
1. EXCHANGE AND TRANSFER OF BONDS. Any Bond, at the option of the registered owner
thereof and upon surrender thereof to the bond registrar and paying agent with a written
instrument of transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his duly authorized attorney, may be exchanged for Bonds of any
other 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 Bond 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 [insert applicable date].”
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 sections 3 and 13 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. TAX COVENANT. The County covenants to comply with all requirements of the Internal
Revenue Code of 1986, as amended (the “Code”) necessary to assure that the interest on
the Bonds will be and will remain excludable from gross income for federal income tax
purposes. The 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.
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 and interest on a series of the Bonds, shall have been
deposited in trust, this Resolution shall be defeased and the owners of such series of
Bonds shall have no further rights under this Resolution except to receive payment of the
principal of and interest on such series of Bonds from the cash or securities deposited in
trust and the interest and gains thereon and to transfer and exchange such series of Bonds
as provided herein.
3. 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 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.
4. 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.
5. NOTICE OF ISSUANCE OF OPEN MARKET BONDS. Within 30 days after the issuance of
each series of Open Market 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 Open Market 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
Fort 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 e-mail 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
are in conflict herewith, are rescinded.
Attachments:
1. 2024-05-15 EDI Memo for Pontiac Water System Improvements
2. Pontiac area maps
j. Economic Development - Aviation and Transportation - Antenna &
Equipment Space Lease with the Federal Aviation Administration (FAA)
for a T-hangar located at the Oakland County International Airport
Board Action #2024-4022 _ 24-37
MR #24037
Contract Antenna & Equipment Space Lease with the Federal Aviation
Administration (FAA) for a T-hangar located at the Oakland County
International Airport
WHEREAS the County of Oakland owns the Oakland County International
Airport in Waterford Township; and
WHEREAS T-hangars are leased to various aviation businesses and individuals
for the purpose of conducting aviation-related activities; and
WHEREAS the Aviation Division has agreed to enter into a new Space Lease
with the Federal Aviation Administration (FAA) for use of a T-hangar; and
WHEREAS the Space Lease will have a term of five years from October 1, 2024
to September 30, 2029, with annual rent of $5,270.00, payable in monthly
installments; and
WHEREAS the FAA may terminate the contract by delivering written notice of
termination at least 30 days before the effective termination; and
WHEREAS the Airport Committee and the County's Office of Corporation
Counsel have reviewed and agreed to the terms of the Space Lease.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves and accepts the terms and conditions of the
attached Space Lease with the Federal Aviation Administration for a T-hangar
located at the Oakland County International Airport for the term October 1, 2024
through September 30, 2029.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners directs its Chair or their designee to execute the attached
Space Lease and all other related documents between the County and the FAA.
BE IT FURTHER RESOLVED that a budget amendment is not required as the
revenue is included in the FY-2025 - FY 2026 Airport Fund (#56500) budget.
Attachment:
1. 697DCM-24-L-00073_Draft Lease
k. Economic Development - Oakland County Transit Division - 2024
Amendment 2 of People's Express Interlocal Agreement for Expanded
Services including the City of Novi
Board Action #2024-4130 _ 24-38
MR #24038
Budget Amendment 2024 Amendment 2 of People's Express Interlocal
Agreement for Expanded Services including the City of Novi
WHEREAS People’s Express (PEX) and Oakland County have agreed to
Amendment 2024-2 to the Public Transportation Agreement set forth in the
attached Amended Exhibit A – Scope of Transportation Services and Amended
Exhibit B – Budget, to reflect increases in services including initiating service to
the residents of the City of Novi, and associated revenues and costs which new
and amended exhibits are necessary to deliver public transportation services
consistent with the Millage.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves Amendment 2024-2 to the Public
Transportation Agreement between Oakland County and People’s Express with
the attached Amended Exhibit A – Scope of Transportation Services and
Amended Exhibit B – Budget.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners acknowledges an appropriation of $3,369,537 of additional
funds beyond what was provided under Amendment 2024-1, $1,987,572, from
the Oakland County Public Transportation Millage to address increased costs
for the newly expanded services.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners authorizes the Manager Transit, at their sole discretion, to grant
changes in allocations within the line item budget, being the attached Amended
Exhibit B, at the request of PEX provided that such request shall be presented
by PEX to the Manager Transit in writing, specifying the change requested, the
reason(s) for the requested change and verifying that such change will not
result in an increase in the total budgeted amount under the attached Amended
Exhibit B (i.e., a “no cost” amendment).
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners authorizes the Chair of the Board to execute the Amendment of
Agreement on behalf of Oakland County.
Attachments:
1. Schedule A - PEX 2024 (Amendment #2)
2. 2024-05-02 DRAFT PEX Novi Contract Amendment - Partially Signed
3. 2024-05-02 DRAFT PEX Novi Exhibit A
4. 2024-05-02 DRAFT PEX Novi Exhibit B
5. 2024 PEX Contract Amendment #1 - signed 12122023
6. 2023OaklandCountyPEXAgreement - signed
l. Office of Sustainability - Community Energy Management Grant
Application with the State of Michigan, Department of Environment Great
Lakes and Energy (EGLE)
Board Action #2024-4110 _
approve the submission of the Community Energy Management grant
application with the State of Michigan’s Department of Environment Great
Lakes and Energy in the amount of $100,000 for the period Oct. 1, 2024, to
Aug. 31, 2025.
Attachments:
1. Community Energy Management
2. CEM - Grant Review Sign-Off
m. Economic Development - Business Development - Grant Application with
the State of Michigan, Environment, Great Lakes and Energy (EGLE) for
the 2024 Michigan Brownfield Redevelopment Grant - Rochester
Riverfront Place Project
Board Action #2024-4050 _
approve the submission of the 2024 Michigan Brownfield Redevelopment
Grant from the Michigan Department of Environment, Great Lakes and
Energy (EGLE), for the period June 1, 2024 through May 31, 2027, in the
amount of $1,000,000.
Attachments:
1. Rochester Riverfront EGLE Brownfield Grant Application
2. Grant Review Sign-Off
3. Act-381-Grant-Loan-Work-Plan-Eligible-Activity-Guidance
n. Facilities Planning & Engineering - Cost Participation Agreement with
Road Commission for Oakland County (RCOC) for the County Center
Drive East Paving Project
Board Action #2024-4116 _
approve the County Center Drive East Paving Project (PRJ-17592) in the
amount of $2,548,665, and authorizes the Chair of the Board of
Commissioners to execute the attached Agreement with the Road
Commission for Oakland County; further, the FY2024 budget is amended
as detailed in Schedule A.
Attachments:
1. Cost Participation Agreement - County Center Drive Project No. 55541
2. 22-487 Project Estimate 3_19_24
3. Area of Construction - Detour Route
4. County Center Drive East Paving Project_Schedule A-Budget Amendment
o. Board of Commissioners - Fiscal Year 2024 Appropriation for the Local
Road Improvement Program
Board Action #2024-4138 _ 24-39
MR #24039
Road Improvement Fiscal Year 2024 Appropriation for the Local Road
Improvement Program
WHEREAS the Board of Commissioners’ Local Road Improvement Program
Special Committee has approved the applications submitted by the local
municipalities eligible under the 2024 Local Road Improvement Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the projects listed on the attached Schedule B
and authorizes the release of Local Road Improvement Program funds from the
Non-Departmental Transfers (9090101) line item Local Road Funding Program
(#740085).
BE IT FUTHER RESOLVED that the funding for the Village of Leonard Project
No. 2023-17 be repurposed and applied to Project No. 2024-17 of Schedule B.
BE IT FURTHER RESOLVED that the funding for the City of Pontiac Project
Nos. 2020-26, 2021-25, 2022-25, and 2023-26 be repurposed and applied to
Project No. 2024-26 of Schedule B.
BE IT FURTHER RESOLVED that the Chair of the Board of Commissioners is
authorized to enter into the attached cost participation agreement with the
municipalities for the 2024 Local Road Improvement Program, as prepared by
Corporation Counsel.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to
forward copies of this resolution to Oakland County Fiscal Services and the
municipalities participating in the 2024 Local Road Improvement Program.
BE IT FURTHER RESOLVED the FY 2024 budget shall be amended as
described in the attached Schedule A – Budget Amendment.
Attachments:
1. 2024 LRIP_Schedule A-Budget Amendment_V2
2. 2024 Local Road Improvement Program - Schedule B
3. 2024 LRIP Cost Participation Agreement
12. Finance Committee - Gwen Markham
a. Water Resources Commissioner - Amendment to Resolution #2022-253 for
Water Resources Commissioner (WRC) Hardship Assistance Program
Board Action #2024-4077 _
amend Resolution #2022-253 to use the American Rescue Plan Act (ARPA)
– Local Fiscal Recovery Funds to pay the United Way for Southeastern
Michigan (USWEM), as program administrator for the WRC Hardship
Assistance Program, for direct utility assistance and administrative fees
and costs.
Attachment:
1. 2024-05-15 Memo to Finance Committee (Amended 5.9.2024)
b. Information Technology - 2024 Second Quarter Information Technology
Development Report
Board Action #2024-4088 _
receive and file the attached Second Quarter 2024 Development Report
and approve the Second Quarter appropriation transfer as specified on the
attached schedule; further, the respective departmental Fiscal Year 2024
Budgets are to be amended as specified in the attached detailed 2024
Second Quarter Information Technology Development Report.
Attachment:
1. 2024 Second Quarter Information Technology Development Report
c. Information Technology - Extension with Motorola for County Public
Safety Radio Support Services
Board Action #2024-4125 _
approve the five-year contract extension with Motorola for County Public
Safety Radio System Project completion and ongoing support services
through June 30, 2029, with no additional cost to the current contract;
further, that a budget amendment is not required to cover the cost of the
expenditure.
Attachments:
1. Motorola__Solutions Contract #8580
2. Oakalnd Co Change Order 15
d. Board of Commissioners - Sponsorship of 4th Annual Madison Heights
Juneteenth Festival
Board Action #2024-4090 _
approve the one-time allotment of $5,000 from the Fiscal Year 2024 Board
of Commissioners General Fund Sponsorship line-item budget for the
purpose of sponsoring the 4th Annual Madison Heights Juneteenth
Festival; further, approve and authorize the Board Chair to execute any
required agreements on behalf of Oakland County. Additionally, require
that the recipient of the funds promote the County and provide an impact
report to the Board detailing the sponsorship outcomes, including the
number of residents served.
e. Board of Commissioners - Sponsorship of the 2024 Clawson Fourth of
July Parade
Board Action #2024-3774 _
approve the one-time use of $6,000 from the Fiscal Year 2024 Board of
Commissioners General Fund Sponsorship line-item budget for the
purpose of sponsoring the 2024 Clawson Fourth of July Parade; further,
approve and authorize the Board Chair to execute any required
agreements on behalf of Oakland County. Additionally, require that the
recipient of the funds promote the County as a primary sponsor and
provide a report to the Board detailing the sponsorship outcomes,
including the impact on the number of residents served.
Attachment:
1. Letter from Jay Karwoski
f. Board of Commissioners - Sponsorship of Trinity Gun Disposal's 2024
Safe Surrender and Buyback Events
Board Action #2024-123 _
approve the one-time allotment of $5,000 from the Fiscal Year 2024 Board
of Commissioners General Fund Sponsorship line-item budget for the
purpose of sponsoring the Trinity Gun Disposal's 2024 Safe Surrender
and Buyback Events; further, approve and authorize the Board Chair to
execute any required agreements on behalf of Oakland County.
Attachments:
1. 2024 TGD Gun Buy Back Event Proposal
2. TGD Leadership Description
g. Board of Commissioners - Sponsorship of the Charter Township of
Highland's 2024 Community Events
Board Action #2024-4001 _
approve the one-time allotment of $5,000 from the Fiscal Year 2024 Board
of Commissioners General Fund Sponsorship line-item budget for the
purpose of sponsoring the the Charter Township of Highland's community
events: Highland's Annual Founders Day, Red White & Blues Festival and
the Tree Lighting/Kris Kringle Market; further, approve and authorize the
Board Chair to execute any required agreements on behalf of Oakland
County. Additionally, require that the recipient of the funds promote the
County as a primary sponsor and provide an impact report to the Board
detailing the sponsorship outcomes, including the number of residents
served.
h. Board of Commissioners - Sponsorship of the 2024 Milford Memories
Summer Festival
Board Action #2024-4089 _
approve the one-time allotment of $5,000 from the Fiscal Year 2024 Board
of Commissioners General Fund Sponsorship line-item budget for the
purpose of sponsoring the 2024 Milford Memories Summer Festival;
further, approve and authorize the Board Chair to execute any required
agreements on behalf of Oakland County. Additionally, require that the
recipient of the funds promote the County and provide an impact report to
the Board detailing the sponsorship outcomes, including the number of
residents served.
i. Board of Commissioners - Sponsorship of Four County Community
Foundation's Effort to Benefit Three Oxford-based Funds
Board Action #2024-4153 _
approve the one-time allotment of $2,000 from the Fiscal Year 2024 Board
of Commissioners General Fund Sponsorship line-item budget for the
purpose of sponsoring the Four County Community Foundation's Effort to
Benefit Three Oxford-based Funds: Hana St. Juliana Memorial Fund, For
the Love of Nature…The Forever Justin Shilling Foundation, and the
Oxford Permanent Memorial Fund; further, approve and authorize the
Board Chair to execute any required agreements on behalf of Oakland
County. Additionally, require that the recipient of the funds promote the
County as a primary sponsor and provide an impact report to the Board
detailing the sponsorship outcomes, including the number of residents
served.
Attachment:
1. Golf outing flyer 2024 Oxford final-1
13. Legislative Affairs and Government Operations Committee - Brendan Johnson
a. Human Resources - Implementing the Salary Administration Plan 2nd
Quarterly Report for FY2024
Board Action #2024-4123 _
authorize the implementation of the Salary Administration Plan 2nd
Quarterly Report for FY 2024, effective June 1, 2024; further, to adopt
classification changes according to the attached Schedule B; change the
salary grade of classifications according to the attached Schedule C, and
reclassify positions according to the attached Schedule D; further, that the
FY 2024-2026 Budget be amended as detailed in the attached Schedule A.
Attachments:
1. Copy of HR 2nd 2024 SCHEDULE A - Budget Amendment
2. 2nd 2024 SCHEDULE B - Classification Changes
3. 2nd 2024 SCHEDULE C - Factor Changes
4. 2nd 2024 SCHEDULE D - Biweekly Increases
5. 2nd 2024 SCHEDULE E - Draft Job Descriptions
b. Parks & Recreation - Memorandum of Understanding with the Huron-
Clinton Metropolitan Authority for the 2024 Water Safety and Swim Lesson
Partnership
Board Action #2024-4092 _
authorize the Oakland County Parks and Recreation Commission to
approve the Memorandum of Understanding for the 2024 Water Safety and
Swim Lesson Partnership with the Huron Clinton Metroparks Authority;
further, that the Oakland County Board of Commissioners authorizes the
Chair of the Board to execute the Memorandum of Understanding on
behalf of Oakland County; further, that the Oakland County Board of
Commissioners authorizes the Oakland County Parks and Recreation
Commission to accept a reimbursement of up to $32,000 from the Huron
Clinton Metroparks Authority to offset program costs; further, the actual
dollar amount received will be reflected in a subsequent quarterly forecast
resolution when the final reimbursement amount is determined.
Attachment:
1. 2024 HCMA_OCP - MOU
c. Parks & Recreation - Michigan Invasive Species Grant Program
Acceptance 2024
Board Action #2024-4115 _
approve the grant agreement with the Michigan Department of Natural
Resources Invasive Species Grant Program for $69,300 for the treatment
of invasive species in Oakland County; further, that there is no budget
amendment required at this time.
Attachments:
1. Grant Review Sign-Off
2. 2023_DNR_MISGP_GrantRequestOverview 10_20_2023
3. IS23-0025_Project_Agreement_Oakland
d. Parks & Recreation - Strategic Partnership Grant Agreement with the City
of Madison Heights – Pickleball Courts at Rosie’s Park Project
Board Action #2024-4121 _
approve the grant agreement and the Oakland County Parks grant of
$75,000 to the city of Madison Heights for the Pickleball Courts at Rosie’s
Park project; further, that the Oakland County Board of Commissioners
authorizes the Chair of the Board to execute the agreement on behalf of
Oakland County; further there is no budget amendment at this time.
Attachments:
1. Madison Heights Grant Agreement - Mad Hts_Pickleball
2. Exhibit A OCPR Grant Application Mad Hts_Pickleball
e. Parks & Recreation - Strategic Partnership Grant Agreement with
Springfield Township – Rotary Park and Mill Pond Connecting Pathway
Project
Board Action #2024-4122 _
approve the grant agreement and the Oakland County Parks grant of
$115,000 to Springfield Township for the Rotary Park and Mill Pond Park
Connecting Pathway project; further, the Oakland County Board of
Commissioners authorizes the Chair of the Board to execute the
agreement on behalf of Oakland County; further there is no budget
amendment at this time.
Vote Summary (16-0-0)
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
No: None
Abstain: None
Attachments:
1. Springfield Township Grant Agreement - Connecting Pathway
2. Exhibit A - Springfield Twp Connecting Pathway
14. Public Health and Safety Committee - Penny Luebs
a. Circuit Court - Application to the State Court Administrative Office for the
FY 2025 Adult Treatment Court Program
Board Action #2024-4078 _
approve the grant application to the State Court Administrative Office for
the FY 2025 Michigan Hybrid DWI/Drug Court Program (Adult Treatment
Court) in the amount of $333,275 for the period of October 1, 2024 through
September 30, 2025.
Attachments:
1. Grant Review Sign-Off ATC
2. ATCandATCByrne Combined Application Redacted
3. Proxi ATC FY25
4. Byrne_AssuranceCertifications
5. FY2025ByrneJAGGrantAttachment_Final
b. Circuit Court - Application to the State Court Administrative Office for the
FY 2025 Juvenile Drug Court Program
Board Action #2024-4079 _
approve grant application to the State Court Administrative Office for the
FY 2024 Michigan Drug Court Grant Program (Juvenile Drug Court) in the
amount of $144,125 for the period of October 1, 2024 through September
30, 2025.
Attachments:
1. Grant Review Sign-Off FY25 JDC
2. JDC FY25 Grant ApplicationREV Redacted
3. Proxi JDC FY25
4. FY2025MDCGPGrantAttachment_Final
c. Circuit Court - Application to the State Court Administrative Office for the
FY 2025 Combat Veterans Treatment Court Grant Program
Board Action #2024-4080 _
approve the grant application to the State Court Administrative Office for
the FY 2025 Michigan Drug Court Grant Program (Combat Veteran’s
Treatment Court) in the amount of $22,604 for the period of October 1,
2024 through September 30, 2025.
Attachments:
1. Grant Review Sign-Off
2. FY2025VTCGrantAttachment_Final
3. Proxi VTC FY25
4. C-VTC FY25 Application Redacted
d. Circuit Court - Application to the State Court Administrative Office for the
FY 2025 Juvenile Mental Health Court Program
Board Action #2024-4081 _
approve the FY 2025 Michigan Drug Court Grant Program (Juvenile Mental
Health Court) grant application in the amount of $54,490 from the State
Court Administrative Office, for the period of October 1, 2024 through
September 30, 2025. No budget amendment is required at this time.
Attachments:
1. Grant Review Sign-Off JMHC
2. JMHC Grant FY25 redacted
3. Proxi JMHC FY25
4. FY2025MHCGrantAttachment_Final
e. 52-1 District Court (Novi) - Application to the State Court Administrative
Office for the FY 2025 Veterans Court Program
Board Action #2024-4097 _
approve grant application to the State Court Administrative Office for the
FY 2025 Michigan Drug Court Grant Program in the amount of $16,196.36
for the period of October 1, 2024 through September 30, 2025.
Attachments:
1. Grant Review Sign-Off
2. District Court 52-1 VTC Write Up
3. FY 2025 VTC Webgrants Application (1)
4. FY 2024 VTC Grant Allowable List
f. 52-1 District Court (Novi) - Application to the State Court Administrative
Office for the FY 2025 Michigan Drug Court Sobriety Program
Board Action #2024-4098 _
approve grant application to the State Court Administrative Office for the
FY 2025 Michigan Drug Court Grant Program in the amount of $53,120.48
for the period of October 1, 2024 through September 30, 2025.
Attachments:
1. Grant Review Sign-Off
2. FY 2024 DTC MDCGP Grant Allowable List- Drug & Sobriety Courts
3. FY 2025 DWI Webgrans Application (2)
4. District Court 52-1 DWI Write Up
g. 52-1 District Court (Novi) - Application to the State Court Administrative
Office for the FY 2025 Michigan Drug Court Grant Program
Board Action #2024-4099 _
approve the grant application to the State Court Administrative Office for
the FY 2025 Michigan Drug Court Grant Program in the amount of
$166.032.70 for the period of October 1, 2024 through September 30, 2025.
Attachments:
1. Grant Review Sign-Off FY25
2. District Court 52-1 Drug Court Write Up
3. FY 2024 DTC MDCGP Grant Allowable List- Drug & Sobriety Courts
4. FY 2025 Drug Court Webgrants Application (1)
h. 52-1 District Court (Novi) - Application to the State Court Administrative
Office for the FY 2025 Mental Health Court Program
Board Action #2024-4100 _
approve grant application to the State Court Administrative Office for the
FY 2025 Michigan Mental Health Court Grant Program in the amount of
$131,160.13 for the period of October 1, 2024 through September 30, 2025.
Attachments:
1. Grant Review Sign-Off
2. FY 2024 MHC Grant Allowable Expenses List
3. FY 2025 MHC Webgrants Application
4. District Court 52-1 Mental Health Write Up
i. 52-4 District Court (Troy) - Application to the State Court Administrative
Office for the FY 2025 Michigan Drug Court Grant Program
Board Action #2024-4091 _
approve the grant application to the State Court Administrative Office for
the FY 2025 Michigan Drug Court Grant Program in the amount of
$172,813, for the period of October 1, 2024 through September 30, 2025.
Attachments:
1. Grant Review Sign-Off 52-4 Final
2. FY25 Grant Application Final
3. FY25 PSC SSSPP Grant Application Opening 040124 (002)
4. allowables
j. Prosecuting Attorney's Office - Position Reclassification - Principal
Attorney Position to the Chief Prosecuting Attorney Position
Board Action #2024-102 _
reclassify one (1) GF/GP FTE Principal Attorney position (#4010201-06916)
to Chief Prosecuting Attorney and amend the FY 2024 budget as detailed
in the attached Schedule A.
Attachments:
1. PA Office Reclass Att to Chief - Schedule A
2. Prosecutor Office Position Reclass HR Write Up
k. Sheriff’s Office - Acceptance from the Michigan Department of Treasury
for the 2024 Law Enforcement Distribution Program
Board Action #2024-4082 _
accept the grant funding from the Michigan Department of Treasury,
Michigan Justice Training Fund in the amount of $102,483.70 for the
period January 1, 2024 through December 31, 2026; further, amend the FY
2024 budget as detailed in the attached Schedule A.
Attachments:
1. 2024 MCOLES 1st Distribution Grant Acceptance Schedule A
2. Grant Review Sign-Off
3. Public Act 302 of 1982, as amended
4. MCOLES - Spring 2024 Distribution
5. Spring-2024-LED-Summary_web
l. Sheriff’s Office - Application to the U.S. Department of Justice for the 2024
DNA Capacity Enhancement and Backlog Reduction Program
Board Action #2024-4074 _
approve the submission of the FY 2024 DNA Capacity Enhancement and
Backlog Reduction Program grant application to the U.S. Department of
Justice, Bureau of Justice Assistance in the amount of $448,139 from
October 1, 2024 through September 30, 2026.
Attachments:
1. Grant Application Sign-Off FY24
2. BJA FY24 Formula DNA Capacity Enhancement for Backlog Reduction
(CEBR) Program
3. Brief Applicant Questionnaire
4. DOJ Financial Managment Questionnaire
5. Form SF424_4_0-V4.0_A-486962_OCSO
6. Form SFLLL_2_0-V2.0_A-486962_OCSO
7. FY 2024 CEBR_Formula_Baseline Metrics_OCSO
8. FY 2024 CEBR_JustGrants Application Printout_DRAFT
9. FY 2024 CEBR_NEPA Checklist_OCSO
10. FY 2024 CEBR_Program Budget Breakdown_OCSO
11. FY 2024 CEBR_Program Eligibility Certification_OCSO
12. FY 2024 CEBR_Program Income Declaration_OCSO
13. FY 2024 CEBR_Proof of Accreditation_OCSO
14. FY 2024 CEBR_Proposal Narrative_OCSO
15. FY 2024 CEBR Formula_Budget_OCSO_Redacted
m. Sheriff’s Office - Application to the Michigan Auto Theft Prevention
Authority for the FY 2025 Funding
Board Action #2024-4084 _
approve the submission of the grant application to the Michigan Auto
Theft Prevention Authority in the amount $1,636,010.73, with a grant match
of $1,384,093.73, totaling $3,020,104.46 for the period of October 1, 2024,
through September 30, 2025.
Attachments:
1. Grant Review Sign-Off
2. FY2025 ATPA Grant Application_Redacted
3. Sheriff's Office ATPA FY2025 Grant Application HR Write Up
n. Sheriff’s Office - Application to the U.S. Bureau of Justice Assistance for
the FY 2024 Bulletproof Vest Partnership Program
Board Action #2024-4129 _
approve the submission of grant application to the U.S. Bureau of Justice
Assistance for the FY 2024 Bulletproof Vest Partnership Program in the
amount of $172,140 for the time period April 1, 2024 to March 31, 2026.
Attachments:
1. FY2024 BVP Application
2. Grant Review Sign-Off
o. Public Services - Animal Shelter & Pet Adoption Center - Gift Acceptance
from the Jon Duncan Sparham Trust
Board Action #2024-4041 _
accept the donation of $52,633.10 from the Jon Duncan Sparham Trust to
the Oakland County Animal Shelter and Pet Adoption Center’s Legacy
Fund.
Attachments:
1. Jon Duncan Sparham_Donation_Redacted
2. Receipt for Trust Donation_Sparham
p. Public Services - Community Corrections - Application to the Michigan
Department of Corrections for the FY 2025 Funds and Approval of the
Oakland County Community Corrections Comprehensive Plan
Board Action #2024-4051 _
approve the submission of the Oakland County Community Corrections
Advisory Board’s application to the Michigan Department of Corrections
requesting funding in the amount of $2,202,538 for the grant period of
October 1, 2024, through September 30, 2025; further, approve the
attached comprehensive plan prepared by the Community Corrections
Advisory Board.
Attachments:
1. FY25 Grant Review Sign-Off
2. FY25 Consolidated Grant Application
3. Schedule A FY25 BOC(1)
Penny Luebs moved to adopt the Board Actions on the Consent Agenda.
Seconded by Robert Hoffman.
Motion Passed.
Vote Summary (16-0-0)
Yes: David Woodward, Michael Spisz, Penny Luebs, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson,
Ajay Raman, Ann Erickson Gault, Linnie Taylor
No: None
Abstain: None Regular Agenda
15. Economic Development and Infrastructure Committee - Yolanda Smith Charles
a. Facilities Management - Lease with Novi Investment Partners, LLC at
48150 Grand River Avenue, Novi, Michigan for the 52-1 District Court
Board Action #2024-4127 _ 24-40
MR #24040
Lease with Novi Investment Partners, LLC at 48150 Grand River Avenue,
Novi, Michigan for the 52-1 District Court
WHEREAS as approved by Miscellaneous Resolution Number 16035 the
County of Oakland (“the County”) currently leases a building from Novi
Investment Partners, LLC at 48150 Grand River Avenue, Novi, Michigan, to
house the 52-1 District Courthouse, which lease expires on March 31, 2026;
and
WHEREAS to extend the lease term, the County and Novi Investment Partners
negotiated a new 10-year lease with two 5-year options commencing on June 1,
2024, which new lease is attached hereto; and
WHEREAS the terms of the new lease are substantially the same as the current
lease; and
WHEREAS the landlord is contributing $150,000 allowance for improvements
specified by the Court Administrators over the first five years; and
WHEREAS the 52-1 District Court Administrators of the 52-1 District Court have
reviewed and approved the terms of the attached new lease; and
WHEREAS the Departments of Facilities Management and Corporation
Counsel have reviewed the attached new lease; and
WHEREAS the 52-1 District Court and the Department of Facilities
Management recommend that the Oakland County Board of Commissioners
approve and execute the attached new lease.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached new lease for the 52-1 District
Courthouse (Novi) located at 48150 Grand River Avenue, Novi, Michigan with
Novi Investment Partners, LLC and directs its Chair to execute the attached
new lease and all other documents related to and needed to effectuate the new
lease.
Yolanda Smith Charles moved to adopt the attached Lease with Novi
Investment Partners, LLC at 48150 Grand River Avenue, Novi, Michigan for
the 52-1 District Court. Seconded by Ajay Raman.
Motion Passed.
Vote Summary (15-1-0)
Yes: David Woodward, Penny Luebs, Christine Long, Robert Hoffman, Philip
Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann
Erickson Gault, Linnie Taylor
No: Michael Spisz
Abstain: None
Attachments:
1. EDI Memo Regarding District Court 52-1 Final
2. LEASE - 52nd District Court First Div - County of Oakland (final 5.21.24)
b. Parks & Recreation - Purchase Agreement with Six Rivers Land
Conservancy for 2473 Square Lake Road in Troy
Board Action #2024-4190 _ 24-41
MR #24041
Real Estate Purchase Agreement with Six Rivers Land Conservancy for
2473 Square Lake Road in Troy
WHEREAS Oakland County Parks and Recreation Commission (“OCPRC”) has
partnered with Six Rivers Land Conservancy and the Troy School District to
acquire 69.5-acres of woods and wetlands in the city of Troy, commonly
referred to as “Turtle Woods,”; and
WHEREAS the Turtle Woods property has limited opportunities for parking and
access, and is surrounded by residential property and a golf course; and
WHEREAS OCPRC staff have identified a residential parcel (Parcel ID: 20-01-
300-009) located at 2473 Square Lake Road, which would provide parking and
pedestrian access to Turtle Woods off of Square Lake Road; and
WHEREAS OCPRC has included the acquisition of 2473 Square Lake Road in
our 2024 application to the Michigan Natural Resources Trust Fund (“Trust
Fund”) for the acquisition of Turtle Woods; and
WHEREAS the property owners of 2473 Square Lake Road wish to sell the
property immediately, have received verbal offers to purchase the property, and
are unable to wait for a determination from the Trust Fund or a future closing in
2025; and
WHEREAS OCPRC recommends partnering with Six River Land Conservancy
to acquire the parcel now, and hold it until Oakland County is able to purchase
it; and
WHEREAS the attached Purchase Agreement outlines the conditions for
purchase by Oakland County from Six Rivers Land Conservancy; and
WHEREAS the acquisition of this parcel will ensure long-term, permanent
access to the Turtle Woods Nature Preserve.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached purchase agreement between Oakland
County and Six Rivers Land Conservancy for the acquisition of 1.67 acres
located at 2473 Square Lake Road in Troy, MI and directs its Chair to sign the
purchase agreement and any other documents needed for the acquisition of the
property.
BE IT FURTHER RESOLVED that the Oakland County Property Manager is
authorized to sign closing documents associated with the acquisition and
conveyance of the property.
Yolanda Smith Charles moved to adopt the attached Purchase Agreement
with Six Rivers Land Conservancy for 2473 Square Lake Road in
Troy. Seconded by Ann Erickson Gault.
Motion Passed.
Vote Summary (16-0-0)
Yes: David Woodward, Michael Spisz, Penny Luebs, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson,
Ajay Raman, Ann Erickson Gault, Linnie Taylor
No: None
Abstain: None
Attachments:
1. Purchase Agreement re OCPRC (Final Version 05-21-24)
2. Colberg Appraisal Report 2473 Square Lake
3. Market Study 2022
16. Finance Committee - Gwen Markham
a. Board of Commissioners - White Lake Township Corridor Improvement
Authority Plan
Board Action #2024-4014 _ 24-42
Gwen Markham moved to adopt the attached White Lake Township Corridor
Improvement Authority Plan. Seconded by Robert Hoffman.
Board of Commissioners - Woodward Amendment #1
Board Action #2024-4204 _
Charles Cavell moved to amend page three of the agreement to add a new
Section 1 (a):
PROPOSED NEW LANGUAGE
1 (a) This Agreement is expressly contingent upon the support of the
White Lake Board of Trustees (“Township Board”) for a 300 plus unit
affordable housing development on a parcel of land which qualifies as
housing property as defined by Public Act 381, as amended (“PA 381”)
and which is located within the boundaries of Corridor Improvement
Authority which is the subject of this Agreement. It is understood and
acknowledged between the parties that as of the execution date of this
Agreement, the Township Board has not been presented with a brownfield
plan for its consideration under the guidelines of the state for approval of
housing tax increment financing (“H-TIF”) as governed by PA
381. Nonetheless, once it can reasonably be determined that a complete,
appropriate, viable brownfield plan which incorporates an affordable
housing component as described above on land within the White Lake CIA
has been presented to the Township Board for its consideration within the
requirements of PA 381, the Township Board hereby agrees that it will not
unreasonably withhold its consent to and support of the approval of that
plan by the county and state and will execute in a timely manner all
required Resolutions, such as a Resolution of Understanding and a
Resolution of Concurrence authorizing the Oakland County Brownfield
Redevelopment Authority (“OCBRA”) to carry out the implementation of
the plan. If the County believes that the Township Board has unreasonably
withheld consent to and support of the plan, the County shall request a
meeting with appropriate White Lake Township officials for the purpose of
determining whether the Township Board has unreasonably withheld its
consent. If the County, in its sole discretion, then determines that the
Township Board has unreasonably withheld consent, it may rescind the
tax sharing component of this Agreement and may, by appropriate
resolution, reinstate the opt out from County capture provided by Sec.
618(5) of Act 57, P.A.2018 (MCL 125.4101, et. seq).
Seconded by Marcia Gershenson.
Motion to Amend Passed.
Vote Summary (12-4-0)
Yes: David Woodward, Penny Luebs, Gwen Markham, Angela Powell, Marcia
Gershenson, William Miller III, 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
Main Motion, as amended.
MR #24042
Resolution White Lake Township Corridor Improvement Authority Plan
WHEREAS the Oakland County Board of Commissioners strongly supports the
economic growth of Oakland County; and
WHEREAS one of the tools used to promote economic growth is Tax Increment
Financing used in conjunction with Corridor Improvement Authorities (CIAs);
and
WHEREAS to review requests from the County's cities, villages, and townships
to establish DDAs, CIAs and LDFAs, the Board of Commissioners, pursuant to
MR # 21477 updated the Policy for the
Tax IncrementFinancing (TIF) District Review Policy Ad Hoc Committee (TIF Re
view Committee) to consider when evaluating and making recommendations to
the Finance Committee on the County's participation in these proposed
authorities; and
WHEREAS White Lake Township ("Township”) held a public hearing on Novem
ber 28, 2023, to present its CIA Development and Tax Increment Financing
Plan ("TIF Plan"); and
WHEREAS the proposed Township TIF plan includes specific programs, project
s and strategies designed to revitalize underutilized properties, improve visual
appearance, support public transit, utilize green infrastructure, expand non-
motorized connections and encourage new investment in the development area,
which is primarily located along the M-59 corridor in the Township; and
WHEREAS the TIF development would involve capture of County taxes such as
general operating, county parks and transit millages by the Township; and
WHEREAS on January 18, 2024, the Board of Commissioners, pursuant to MR
# 24-5 declared its decision and intent to exempt its taxes from capture by the
White Lake Township CIA under its proposed TIF plan and authorized
Corporation Counsel to enter into negotiations in an attempt to establish a
contract permitting capture of the County’s taxes” in accordance with the
parameters set forth under Michigan law and the amended TIF Policy; and
WHEREAS the County Economic Development Department and Corporation
Counsel, working with White Lake Township, prepared a Tax Sharing
Agreement Between the County of Oakland, White Lake Township, and the
White Lake Township Corridor Improvement Authority, the “Agreement”; and
WHEREAS the Agreement specifies the County millages that may be captured,
the number of years County tax can be captured, the percent of incremental
increase of tax that can be captured, the individual millage and total maximum
dollar amount of capture, the allowable uses and projects the capture can be
used for, and the reporting requirements required by Oakland County, and
WHEREAS, the “Agreement” is consistent with the requirements for such
Agreements set forth in the recently amended TIF Ad Hoc Review Committee
Policy, particularly Section XII of that policy, and
WHEREAS, the Agreement serves the purposes of both Oakland County and
White Lake Township in that it promotes the development and revitalization of
the M-59 corridor, among other projects,
NOW THEREFORE BE IT RESOLVED that pursuant to the relevant provisions
of Act 57 of 2018, being MCL 125.4618, et. seq. the Oakland County Board of
Commissioners hereby rescinds its decision and intent to exempt its taxes from
capture by the White Lake Township CIA under its proposed TIF plan as
expressed in MR #_XXXX, contingent upon the adoption by the Oakland County
Board of Commissioners of the Agreement, and
BE IT FURTHER RESOLVED that the County authorizes the annual capture of
35 percent of the incremental increase in taxes generated from the general
operating and county parks millages by the White Lake Township CIA for the
purposes expressed therein as described more fully in the “Agreement”.
BE IT FURTHER RESOLVED that the County prohibits the annual capture of
the County transit millage by the White Lake Township CIA.
BE IT FURTHER RESOLVED that the County authorizes the Chair of the
Oakland County Board of Commissioners to sign the Tax Sharing Agreement
Between the County of Oakland, White Lake Township, and the White Lake
Township Corridor Improvement Authority subsequent to the “Agreement” being
approved by the White Lake Township Board and White Lake Township CIA
Board.
BE IT FURTHER RESOLVED that the Board of Commissioners requests the
County Clerk send a signed copy of this Resolution to the Clerk of White Lake
Township.
Main Motion Passed, as Amended.
Vote Summary (12-4-0)
Yes: David Woodward, Penny Luebs, Gwen Markham, Angela Powell, Marcia
Gershenson, William Miller III, 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
Attachments:
1. TAX SHARING AGREEMENT White Lake CIA 050724
2. White Lake Township Corridor Improvement Authority Plan 04-03-24
3. Millage Request Report to County Board of Commissioners Prepared by
Township Assessor-1
4. Response to Oakland County’s Request Dated 01-04-2024-1
b. Board of Commissioners - Extension with Allen Law Group, PC for
Outside Legal Counsel Services
Board Action #2024-4126 _
Gwen Markham moved to approve the three-year contract extension with
Allen Law Group, PC for outside legal counsel services through April 30,
2027, for an amount not to exceed $40,000; further, that a budget
amendment is not required as there is sufficient funding within the Board
of Commissioners' FY 2024 – FY 2026 operating budget to cover the cost
of the expenditure. Seconded by Ajay Raman.
Motion Passed.
Vote Summary (15-0-0)
Yes: David Woodward, Michael Spisz, Penny Luebs, 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
Attachment:
1. AMENDMENT OF CONTRACT 008563 AMENDMENT 05 AMENDMENT
DATE: May 13, 2024
17. Legislative Affairs and Government Operations Committee - Brendan Johnson
a. Board of Commissioners - Jury Board Appointment
Board Action #2024-4141 _
Brendan Johnson moved to recommend the appointment of Denise Elias to
the Jury Board, pursuant to the Circuit Court recommendation, for a 6-
year term beginning May 22, 2024, until April 30, 2030. Seconded by Michael
Spisz.
Motion Passed.
Vote Summary (16-0-0)
Yes: David Woodward, Michael Spisz, Penny Luebs, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson,
Ajay Raman, Ann Erickson Gault, Linnie Taylor
No: None
Abstain: None
Attachments:
1. CircuitCourtappointment Letter Jury Commissioner May 8, 2024
2. Denise Elias - Resume
3. JuryBoardCurrentMembers
18. Public Health and Safety Committee - Penny Luebs
a. Sheriff’s Office - Acceptance of Donation of the Matrice 30T SP Drone
Combo and Accessories from the Township of Oakland
Board Action #2024-4072 _
Penny Luebs moved to accept the donation one (1) Matrice 30T SP drone
and accessories from the Township of Oakland. Seconded by Michael
Spisz.
Motion Passed.
Vote Summary (14-2-0)
Yes: David Woodward, Michael Spisz, Penny Luebs, Christine Long, Robert
Hoffman, Philip Weipert, Angela Powell, Marcia Gershenson, William Miller III,
Yolanda Smith Charles, Brendan Johnson, Ajay Raman, Ann Erickson Gault,
Linnie Taylor
No: Gwen Markham, Charles Cavell
Abstain: None
Attachment:
1. drone letter
19. New & Miscellaneous Business
a. Board of Commissioners - Sponsorship of the Lathrup Village Music
Festival
Board Action #2024-4202 _
The Chair referred the Board Action to the Finance Committee. There were no
objections.
b. Board of Commissioners - Supporting Protect Michigan Kids Tobacco
Legislation
Board Action #2024-4060 _ 24-43
The Chair referred the Resolution to the Legislative Affairs and Government
Operations Committee. There were no objections.
c. Board of Commissioners - Designating the County of Oakland as a Purple
Heart County
Board Action #2024-4154 _ 24-44
MR #24044
Resolution Designating the County of Oakland as a Purple Heart County
WHEREAS the Purple Heart medal is awarded in the name of the President
and is presented to service members who have been wounded or killed as a
result of enemy action while serving in the U.S. military; and
WHEREAS a Purple Heart is a solemn distinction and means a service member
has greatly sacrificed themselves, having been wounded, or paid the ultimate
price, having been killed while in the line of duty; and
WHEREAS on August 7, 1782, General George Washington issued an order
establishing the Badge of Military Merit to honor merit, particularly among the
enlisted soldiers; and
WHEREAS on February 22, 1932, the Badge of Military Merit was renamed the
Purple Heart, which is awarded to any member of the United States Armed
Forces wounded or killed in combat by a declared enemy of the United States;
and
WHEREAS the residents of Oakland County have great respect, admiration,
and the utmost gratitude for all the men and women who have selflessly served
their country and this community in the Armed Forces; and
WHEREAS more than 50,000 United States Military Veterans reside in Oakland
County, and love of country and a proud military heritage are deep passions
and convictions shared by all Oakland County residents; and
WHEREAS the contributions and sacrifices of the men and women from
Oakland County that served in the U.S. military have been vital in maintaining
the freedoms and way of life enjoyed by our citizens; and
WHEREAS the Oakland County Board of Commissioners appreciates the
sacrifices our Purple Heart recipients made while defending freedom and
believes specific recognition should be accorded to them in appreciation of their
courage and to demonstrate the honor and support they have earned.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby designates Oakland County as a Purple Heart County,
honoring the service and sacrifice of our men and women in uniform wounded
or killed by the enemy while serving to protect the freedoms of all Americans.
BE IT FURTHER RESOLVED that this designation affirms that Oakland County
Government and the Veterans Services Division recognize those in our
community who gave their lives or were wounded in combat defending our
American freedom.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds
is requested to forward a copy of the adopted resolution to the Military Order of
the Purple Heart.
Penny Luebs moved to adopt the attached resolution Designating the
County of Oakland as a Purple Heart County. Seconded by Robert Hoffman.
Motion Passed.
Vote Summary (16-0-0)
Yes: David Woodward, Michael Spisz, Penny Luebs, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson,
Ajay Raman, Ann Erickson Gault, Linnie Taylor
No: None
Abstain: None
d. Board of Commissioners - Approve the Addition of Gold Star Families to
the Parks Free Annual Vehicle Pass Program
Board Action #2024-4161 _ 24-45
The Chair referred the Resolution to the Legislative Affairs and Government
Operations Committee. There were no objections.
20. Announcements
Gwen Markham addressed the Board to congratulate Scott Guzzy, Oakland County
Purchasing Administrator, on the occasion of his retirement.
Angela Powell addressed the Board to let everyone know that Oakland County will be
holding its Juneteenth Celebration on June 12, 2024, from 11 a.m. until 1: 30 p.m. at the
South Entrance of the Oakland County Courthouse.
21. Public Comment
The following people addressed the board during Public Comment #2: Kelly Hyer and
Kathryn Kennedy.
22. Adjournment to June 13, 2024, or the Call of the Chair
The meeting adjourned at 08:55 PM.