Loading...
HomeMy WebLinkAboutResolutions - 2026.03.11 - 42805 AGENDA ITEM: Notice of Intent to Issue Bonds for Replacement of Lead Service Lines in the City of Pontiac DEPARTMENT: Water Resources Commissioner MEETING: Board of Commissioners DATE: Wednesday, March 11, 2026 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2026-6229 _ 26-7 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Bonds Yolanda Smith Charles INTRODUCTION AND BACKGROUND In accordance with the Lead and Copper Rule section of the Michigan Safe Drinking Water Act, the City of Pontiac has undertaken an ambitious citywide project to replace all lead service lines throughout the city’s water distribution system. The system is owned by Oakland County with Water Resources Commissioner Jim Nash acting as the County’s Agent. It is estimated that 500 lead service lines will be replaced at a total estimated cost of $5,340,200. The Michigan Department of Environment, Great Lakes, and Energy has awarded $5 million for the project. Of that amount, $1,258,596 will be from grants, and $1,241,404 will come from a principal forgiveness loan, leaving a loan balance of $2,500,000. The remaining project costs would be paid with grant funds and system reserves. POLICY ANALYSIS State law requires utilities to inventory and replace known lead service lines at an average rate of 5% per year. The most recent inventory identified 1,048 “known” lead water service lines and 4,540 lines with “unknown” material status, which under the statutory minimum would require approximately 52 replacements annually. However, this request seeks financing to replace 500 lead service lines — substantially exceeding the minimum requirement and accelerating progress toward full compliance. To date, the Oakland County Water Resources Commissioner's Office (WRC) has replaced approximately 1,200 lead service lines in the City of Pontiac, and based on current field- verified data, 548 known lead service lines remain. The WRC continues to refine and update the inventory, particularly within the “unknown” category where material verification is ongoing. The proposed project supports continued compliance while concentrating work within defined geographic areas to minimize neighborhood disruption and improve construction efficiency. The total estimated project cost is $5,340,200, with a proposed bond issuance of $5,000,000. Approximately half of the project cost will be supported through grant funding and principal forgiveness from the Michigan Department of Environment, Great Lakes, and Energy (EGLE), with remaining costs covered through Pontiac’s water system funds held by Oakland County. The project represents a major public health and infrastructure investment that leverages regulatory compliance, state financial assistance, and local bonding authority to modernize aging water infrastructure. Timeline: In accordance with the Drinking Water State Revolving Fund schedule, a notice to proceed must be issued no later than October 26, 2026 and construction is anticipated to be completed within approximately 1.5 years. This item will return to the Board at a future meeting with a bond resolution that authorizes the issuance of the County’s bonds and sets the parameters within which the bonds may be sold. FISCAL IMPACT: No Budget Amendment Needed Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Zach Earp Ben Lewis Eric McGlothlin Steven Burke ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 3/11/2026 David Woodward, Board of Commissioners Approved - 3/11/2026 Walt Herzig, Executive's Office Approved - 3/17/2026 Lisa Brown, Clerk/Register of Deeds Final Approval - 3/25/2026 AGENDA DEADLINE: 02/25/2026 4:30 PM ATTACHMENTS 1. EXHIBIT A 2. 2026-03-04 Memo Notice of Intent 3. Map of Service Line Replacement Area COMMITTEE TRACKING 2026-03-04 Economic Development & Infrastructure - Recommend to Board 2026-03-11 Full Board - Adopt Motioned by: Commissioner Christine Long Seconded by: Commissioner Linnie Taylor Yes: Charles Cavell, Ann Erickson Gault, Marcia Gershenson, Robert Hoffman, Karen Joliat, Christine Long, Penny Luebs, Gwen Markham, Kristen Nelson, Angela Powell, Robert Smiley, Yolanda Smith Charles, Michael Spisz, Linnie Taylor, Philip Weipert, David Woodward (16) No: None (0) Abstain: None (0) Absent: Michael Gingell, Brendan Johnson, William Miller III (3) Passed March 11, 2026 RESOLUTION #2026-6229 _ 26-7 Sponsored By: Yolanda Smith Charles Water Resources Commissioner - Notice of Intent to Issue Bonds for Replacement of Lead Service Lines in the City of Pontiac Chair and Members of the Board: WHEREAS the County of Oakland (the “County”) is in urgent need of capital improvements to water distribution system facilities constituting a part of the County’s City of Pontiac Water Distribution System (the “System”) as described in the notice attached as Exhibit A hereto (sometimes referred to herein as the “Project”), in order to promote the health and welfare of the residents served by the System, which capital improvements to such water distribution system facilities also would benefit the County and its residents, and such facilities can be financed most economically and efficiently by the County through the exercise of the powers conferred by Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”); and WHEREAS the County is authorized pursuant to the terms of Act 34 to issue its bonds to finance the cost of the acquisition and construction of the Project, which bonds are expected to be repaid with revenues of the System and will be secured by the County’s full faith and credit pledge; and WHEREAS it is anticipated that the County will advance all or a portion of the costs of the Project prior to the issuance of the bonds, such advance to be repaid from proceeds of the bonds upon the issuance thereof; and WHEREAS Section 1.150-2 of the Treasury Regulations on Income Tax (the “Reimbursement Regulations”) specifies conditions under which a reimbursement allocation may be treated as an expenditure of bond proceeds, and the County intends by this resolution to qualify amounts advanced by the County to the Project for reimbursement from proceeds of the bonds in accordance with the requirements of the Reimbursement Regulations. NOW THEREFORE BE IT RESOLVED: 1. DECLARATION OF INTENT TO REIMBURSE PROJECT EXPENDITURES. The County hereby declares its official intent to issue its limited tax general obligation bonds in one or more series in the aggregate principal amount of not to exceed $5,000,000 to finance all or part of the cost of the Project. The County hereby declares that it reasonably expects to seek reimbursement for its advances to the Project as anticipated by this resolution. The bonds shall be authorized by proper proceedings subsequent to this resolution. 2. NOTICE OF INTENT TO ISSUE BONDS. The County Clerk is hereby instructed to publish the notice attached as Exhibit A hereto once in a newspaper of general circulation in the County of Oakland, which notice shall not be less than ¼ page in size in such newspaper. 3. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded. Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith Charles. Date: March 11, 2026 David Woodward, Commissioner Date: March 17, 2026 Walt Herzig, Chief Deputy County Executive Date: March 25, 2026 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2026-03-04 Economic Development & Infrastructure - Recommend to Board 2026-03-11 Full Board - Adopt Motioned by Commissioner Christine Long seconded by Commissioner Linnie Taylor to adopt the attached Bonds: Notice of Intent to Issue Bonds for Replacement of Lead Service Lines in the City of Pontiac. Yes: Charles Cavell, Ann Erickson Gault, Marcia Gershenson, Robert Hoffman, Karen Joliat, Christine Long, Penny Luebs, Gwen Markham, Kristen Nelson, Angela Powell, Robert Smiley, Yolanda Smith Charles, Michael Spisz, Linnie Taylor, Philip Weipert, David Woodward (16) No: None (0) Abstain: None (0) Absent: Michael Gingell, Brendan Johnson, William Miller III (3) Passed ATTACHMENTS 1. EXHIBIT A 2. 2026-03-04 Memo Notice of Intent 3. Map of Service Line Replacement Area STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 11, 2026, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Wednesday, March 11, 2026. Lisa Brown, Oakland County Clerk / Register of Deeds EXHIBIT A Note: This notice must be not less than ¼ page in size in the newspaper. NOTICE OF INTENT TO ISSUE BONDS BY THE COUNTY OF OAKLAND, MICHIGAN NOTICE IS HEREBY GIVEN TO THE ELECTORS OF THE COUNTY OF OAKLAND, that the County of Oakland, Michigan (the “County”), intends to issue bonds in one or more series in the aggregate principal amount of not to exceed $5,000,000 for the purpose of defraying all or part of the cost of designing, acquiring, constructing and installing water distribution system improvements and facilities to improve the County’s City of Pontiac Water Distribution System (the “System”) to serve the users of the System and residents of the County, which improvements shall include without limitation the removal, abandonment, replacement, and installation of water service lines in portions of the System to comply with the Michigan Department of Environment, Great Lakes, and Energy’s Lead and Copper Rules 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, utilities, and easements affected by the improvements. The bonds will bear interest from their date at a rate or rates to be determined at competitive and/or negotiated sales but in no event to exceed such rates as may be permitted by law. The bonds will be issued under and pursuant to the provisions of Act No. 34, Public Acts of Michigan, 2001, as amended, and the principal of and interest on the bonds are expected to be paid from revenues of the System. In addition, the full faith and credit of the County will be pledged to pay the principal of and interest on the bonds as the same shall become due. The County will be obligated, as a first budget obligation, to advance moneys from its general funds or to levy ad valorem taxes on all taxable property within its corporate boundaries to pay the principal of and interest on the bonds as the same shall become due to the extent that the revenues of the System are not sufficient for such purpose; provided, however, that the ability of the County to raise such moneys is subject to applicable constitutional and statutory limitations on the taxing power of the County. Sources of repayment of the principal of and interest on the bonds may also include any other monies lawfully available for the repayment thereof. RIGHT TO PETITION FOR REFERENDUM This notice is given, by order of the Board of Commissioners of the County, to and for the benefit of the electors of the County in order to inform them of their right to petition for a referendum upon the question of the issuance of the aforesaid bonds. The bonds will be issued, without submitting such a question to a vote of the electors, unless within 45 days after the date of publication of this notice a petition requesting a referendum upon such question, signed by not less than 10% or 15,000 of the registered electors residing within the County, whichever is the lesser, shall have been filed with the undersigned County Clerk. In the event that such a petition is filed, the bonds will not be issued unless and until the issuance thereof shall have been approved by the vote of a majority of the electors of the County qualified to vote and voting thereon at a general or special election. FURTHER INFORMATION Further information relative to the issuance of said bonds and the subject matter of this notice may be secured at the office of the Clerk of the County of Oakland, 1200 North Telegraph Road, Pontiac, Michigan 48341. This notice is given pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended. LISA BROWN, Clerk County of Oakland Form DC–001 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 1 of 2 Rev.: 02/12/2018 4926-7923-8679 v2 [9007-455] OAKLAND COUNTY WATER RESOURCES COMMISSIONER MEMORANDUM TO: Yolanda Charles Smith, Chairperson of the Economic Development and Infrastructure Committee FROM: Zach Earp, Civil Engineer II SUBJECT: Intent to Reimburse Project Costs from Bond Proceeds and Publish Notice of Intent to Issue Bonds for a lead service line replacement project within the City of Pontiac’s Water Distribution System DATE: March 4, 2026 In accordance with the Lead and Copper Rule section of the Michigan Safe Drinking Water Act, the City of Pontiac has undertaken an ambitious citywide project to replace all lead service lines throughout the city’s water distribution system. The system is owned by Oakland County with Water Resources Commissioner Jim Nash acting as the County’s Agent. According to the Safe Drinking Water Act, lead water service lines must be inventoried and replaced at a rate averaging 5% per year. Replacement of known lead service lines in the project area described in the attached map will ensure that the system continues to comply with this state requirement while minimizing neighborhood disruption. Within the three distinct areas identified on the map, an estimated 500 lead service lines will be replaced at a total estimated cost of $5,340,200. Project costs can be financed most economically and efficiently by Oakland County through the exercise of the powers conferred by Act 34, of the Public Acts of Michigan, 2001, as amended to issue bonds to finance the project. The Michigan Department of Environment, Great Lakes, and Energy has awarded $5 million for the project. Of that amount, $1,258,596 will be from grants, and $1,241,404 will come from a principal forgiveness loan, leaving a loan balance of $2,500,000. Bonds will be secured by the County’s full faith and credit pledge and repaid with revenues from the system. It is anticipated that the County will advance all or a portion of the costs of the project prior to the issuance of the bonds from system funds and that system fund advances would be repaid from proceeds of the bonds. The County can reasonably expect to seek reimbursement for its advances to the project as anticipated by the accompanying resolution. These limited tax general obligation bonds would be issued in one or more series in an amount not to exceed $5 million. A portion of the debt is expected to be forgiven by the State at the time the bonds are issued. The amount borrowed is expected to finance the cost of a portion of the project. The remaining project costs would be paid with grant funds and system reserves. State law requires publication of a notice of intent and expiration of a 45-day referendum period before any bonds can be sold. Requested Action: Adopt the resolution as presented approving the form and publication of notice of intent to issue bonds of Oakland County in the maximum aggregate principal amount not to exceed $5 million to finance the cost of the lead service line replacement project within the City of Pontiac Water Distribution System and declaring intent to reimburse project costs from bond proceeds. Form DC–001 OAKLAND COUNTY WATER RESOURCES COMMISSIONER Page 2 of 2 Rev.: 02/12/2018 4926-7923-8679 v2 [9007-455] Presenters: Zach Earp earpz@oakgov.com 248-904-6399 Ben Lewis, P.E., lewisb@oakgov.com 248-292-9357 Eric McGlothlin, EMcGlothlin@dickinson-wright.com 248-433-7566 Steven Burke, steveb@mfci.com 804-986-1419 SalineDr WilliamsLake Rd Williams Lake ElizabethLakeRd OaklandCounty Internati onal Airport L ochaven R d W o o d h u l lLake E a g l e L a k e L a k eOaklan d C lintonvilleRd NLakeAngelusRdW Ke m p f S t N e wberry R d S e e b a l d t A v e A i r p o r t R d W i l l i a m s L a k e R d W W a l t o n Blvd 24 L A K E A N G E L U S O t t e r L a k e G e r u n d e g u t B a y W a t k i n s L a k e L o o n L a k e Baybrook D r Saginaw Trl S C a s s L a k e R d B rookdale L n CassElizabeth Rd Motorw a y D r H i l l c l i f f D r Or c h i d S t E a s o n H a tc h e r y R d A i r p o r t R d Tu b b s R d Po n ti a c L ake Rd N C a s s L a k e R d W Hu r o n S t S T e l e g r aph Rd 59 24 24 Water for d Oaks C ou nty Par k Clinton Riv er P a rk North Silver Lake Bar Grill Pontiac Country Club W A T E R F O R D C a s s L a k e G r e e r R d Pontiac DrCoomerRdDodge#4 S tate Par k Pine Lake Country Club S Y L V A N L A K E K E E G O H A R B O R L a k e A n g e l u s A l b e rta S t H a r m o n Rd Collier Rd JoslynRd B a l d win Rd Lapee r R d75 75 Fieldstone Golf Club GallowayCreek Pontiac Rd O s m u n S t E dison St Ba r k e l l S t L i b e r t y S t Fe r r y A v e P r i c e S t University Dr UniversityDr OrchardLakeRd J o s ly n A v e S o u t h B l v d N Op d y k e Rd E W a l to n B l v d B a l d w i n A v e S o u th B l v d W E M ontc alm S t A u b u r n A v e S out h B l v d E S Opdy k e R d Bagley S t W Kennett Rd W WaltonBlvd W Huron St 59 59 24 75 75 The Links At Crystal Lake Bob Menzies Golf Training Studio P O N T I A C L ut h e r A v e E S q u are LakeRd 24 75 The Link s at C r y s tal Lake FLCC Golf Shop Whole Golf Carl's Golfland C B A Sources: Esri, TomTom, Garmin, Safegraph, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community1/28/2026 Water Service Line Replacement Areas 85A B C Replacements 235 Replacements 180 Replacements 0 0.8 1.60.4 Miles City of Pontiac Replacement quantities are estimated based on best available current information. DWSRF FY26 Project 7911-01