HomeMy WebLinkAboutMinutes - 2012.05.17 - 7876348
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
May 17, 2012
Meeting called to order by Chairperson Michael Gingell at 9:45 p.m. in the Courthouse Auditorium, 1200
N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub,
Weipert, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: Hatchett. (1)
Quorum present.
Invocation given by Kathy Crawford.
Pledge of Allegiance to the Flag.
Moved by Runestad supported by Woodward the minutes of the May 2, 2012 Board Meeting be
approved.
A sufficient majority having voted in favor, the minutes were approved as printed.
Moved by Taub supported by Gershenson the agenda be approved as printed.
AYES: Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub,
Weipert, Woodward, Zack. (24) NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
Chairperson Michael Gingell addressed the Board to introduce Commissioner River.
Commissioner River addressed the Board to introduce Commissioners Nuccio and Middleton to present a
proclamation alongside her and Chairperson Michael Gingell to honor Mrs. Srock’s Junior STAR Class of Lake Orion High School as follows: Kelli Gilliam, Beth Giguere and Kandiss Gramme for promoting
awareness of the teen suicide epidemic in the community and Oakland County.
Chairperson Michael Gingell addressed the Board to introduce Commissioners Nash and Dwyer.
Commissioners Minutes Continued. May 17, 2012
349
Commissioners Nash and Dwyer addressed the Board to present a proclamation to honor American Legion Groves-Walker Post 346 for supporting countless community programs, such as youth baseball,
scholarships for veteran’s children and sponsoring the Miss Farmington Hills Paget. The Post has also provided a Service Officer Onsite at the Great Lakes National Cemetery to assist veterans with services.
American Legion - Parade Leader Organizer addressed the Board.
County Clerk, Bill Bullard, Jr., read a communication from Chairperson Michael Gingell appointing Bill
Pierson to the Sanitary Code Appeal Board for the vacancy created by the resignation of Eric Coleman for a term expiring December 31, 2012. Without objection the appointment was confirmed.
The following people addressed the Board during public comment: Dr. Isaac Barr, Kevin, Howley,
Christine Kageff, Bob Hart, Dave Meador, Linda MacIntosh, Jan Myszak, Andrew Camden, Adrienne Bab, John Eggert, Art Maisano, Heidi Budaj, Shari Lexso, AnnMarie Erickson, Kristine Zrinyi, Nancy
Stermer, Kayce Shepard, Mark Schwartz, Maud Lyons, Cory JoyRich, Mary Roberts, Rebecca Donnini, Ron Odenwald, Terry Gonser, John Reilly, Gerald Van Grmsier, Denise Harting, Irene Miller, Leonard
Natinsky, Julie Rothstein, Mike Latvis, Zelma Gottlieb, Sharon Hurlbert, Barbara Brownlie, Claudia Crable, Michele Hodges, ViShwas Gadgil, Doreen Millman, Richard Bone, Allan Tushman, Alex May,
Salvador Salort-Pons, Jason Eddleston, Ronald Victor, David Massaron, Joe Langlois, Jacki Roessler, Linda Shears, Glenn Maxwell, Jane Stewart, Katrina Vander Woode, Barbara Porter, Gene Gargaro,
Barbara Heller, Mary MacMaster, Bill McMaster, Reginald Turner, Adrienne Lenhoff, B.T. Irwin, Alice Benbow, Pauline Vandenberg, Deb Ohagen, Burke Cueny, Coreen Stocka, Jason Stevens and Marlene
Pollits.
Moved by Taub supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 383.
The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #12123 BY: Commissioner Angela River, District #11
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF AUBURN HILLS – OPDYKE ROAD - PROJECT NO. 51361
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the
construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and
WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program
shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the City of Auburn Hills, along with the RCOC has identified a project and said project is
ready to be undertaken immediately; and
Commissioners Minutes Continued. May 17, 2012
350
WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City of Auburn Hills and said appropriation has been transferred to a project account; and
WHEREAS the City of Auburn Hills has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the City of Auburn Hills is $9,167.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Auburn Hills and authorizes the release of Tri-Party Road
Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 City of Auburn Hills.
Chairperson, I move the adoption of the foregoing Resolution. ANGELA RIVER
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #12123)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CITY OF AUBURN HILLS – OPDYKE ROAD – PROJECT NO. 51361 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution
#11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $9,167 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51361.
3. This is a joint project with the City of Pontiac for the modernization of the Opdyke Road traffic signal at Auburn Road.
4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012 Revenue
9010101-196030-665882 Planned Use of Fund Balance $9,167 Total Revenues $9,167
Expenditures
9010101-153010-740135 Road Commission Tri-Party $9,167 $9,167
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12121 BY: Commissioner Mattie Hatchett, District #10
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF PONTIAC – OPDYKE ROAD - PROJECT NO. 51361
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the
construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and
Commissioners Minutes Continued. May 17, 2012
351
WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program
shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the City of Pontiac, along with the RCOC has identified a project and said project is ready to
be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City
of Pontiac and said appropriation has been transferred to a project account; and WHEREAS the City of Pontiac has demonstrated that it has authorized its one-third (1/3) share of the
funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-
Party Road Improvement funding for the City of Pontiac is $9,167. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of Pontiac and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED 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 City of
Pontiac. Chairperson, I move the adoption of the foregoing Resolution.
MATTIE HATCHETT
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file
in County Clerk’s office.
FISCAL NOTE (MISC. #12121) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF PONTIAC – OPDYKE ROAD – PROJECT NO. 51361
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds:
1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement
Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $9,167 is available in the General Fund Designated Fund Balance for Tri-Party 2012
and prior funding (account #383510) for project 51361. 3. This is a joint project with the City of Auburn Hills for the modernization of the Opdyke Road traffic
signal at Auburn Road. 4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012
Revenue 9010101-196030-665882 Planned Use of Fund Balance $9,167
Commissioners Minutes Continued. May 17, 2012
352
Total Revenues $9,167
Expenditures 9010101-153010-740135 Road Commission Tri-Party $9,167
Total Expenditures $9,167 FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12124
BY: Commissioners Shelley Taub, District #16; Bob Gosselin, District #13; Marcia Gershenson, District #17; David Potts, District #20
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF BLOOMFIELD – ANDOVER ROAD -
PROJECT NO. 51282 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after
completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have
identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said
appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract
for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution
authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance
Committee and the full Board before any funds are released from the Tri-Party Program designation account; and
WHEREAS the Charter Township of Bloomfield, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Bloomfield and said appropriation has been transferred to a project account; and
WHEREAS the Charter Township of Bloomfield has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the Charter Township of Bloomfield is $81,686.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Bloomfield and authorizes the release of Tri-
Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 Charter Township of Bloomfield.
Chairperson, we move the adoption of the foregoing Resolution.
SHELLEY TAUB, BOB GOSSELIN, MARCIA GERSHENSON, DAVID POTTS
Commissioners Minutes Continued. May 17, 2012
353
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file
in County Clerk’s office.
FISCAL NOTE (MISC. #12124) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF BLOOMFIELD – ANDOVER ROAD –
PROJECT NO. 51282 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution
#11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $81,686 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51282.
3. This project is for concrete repair on Andover Road. 4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012
Revenue 9010101-196030-665882 Planned Use of Fund Balance $81,686
Total Revenues $81,686
Expenditures 9010101-153010-740135 Road Commission Tri-Party $81,686
Total Expenditures $81,686 FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12130
BY: Commissioner Philip Weipert, District #8 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF LYON – GRAVEL ROAD PROGRAM - PROJECT NO. 51352
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the
construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and
WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program
shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund
Commissioners Minutes Continued. May 17, 2012
354
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the Charter Township of Lyon, along with the RCOC has identified a project and said project
is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the
Charter Township of Lyon and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Lyon has demonstrated that it has authorized its one-third (1/3)
share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-
Party Road Improvement funding for the Charter Township of Lyon is $18,448. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the Charter Township of Lyon and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED 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 Charter
Township of Lyon. Chairperson, I move the adoption of the foregoing Resolution.
PHILIP WEIPERT
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file
in County Clerk’s office.
FISCAL NOTE (MISC. #12130) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF LYON – GRAVEL ROAD PROGRAM –
PROJECT NO. 51352 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution
#11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $18,448 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51352.
3. This project is for the FY2012 Gravel Road program. 4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012
Revenue 9010101-196030-665882 Planned Use of Fund Balance $18,448
Total Revenues $18,448
Expenditures 9010101-153010-740135 Road Commission Tri-Party $18,448
Total Expenditures $18,448 FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12125
BY: Commissioner Beth Nuccio, District #1 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF OXFORD – GRAVEL ROAD PROGRAM - PROJECT NO. 51331
Commissioners Minutes Continued. May 17, 2012
355
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the
construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and
WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program
shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the Charter Township of Oxford, along with the RCOC has identified a project and said
project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the
Charter Township of Oxford and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Oxford has demonstrated that it has authorized its one-third (1/3)
share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-
Party Road Improvement funding for the Charter Township of Oxford is $18,549. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the Charter Township of Oxford and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED 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 Charter
Township of Oxford. Chairperson, I move the adoption of the foregoing Resolution.
BETH NUCCIO
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file
in County Clerk’s office.
FISCAL NOTE (MISC. #12125) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF OXFORD – GRAVEL ROAD PROGRAM –
PROJECT NO. 51331 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution
#11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $18,549 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51331.
Commissioners Minutes Continued. May 17, 2012
356
3. This project is for FY2012 Gravel Road program. 4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012
Revenue 9010101-196030-665882 Planned Use of Fund Balance $18,549
Total Revenues $18,549
Expenditures 9010101-153010-740135 Road Commission Tri-Party $18,549
Total Expenditures $18,549 FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12129
BY: Commissioners Jeff Matis, District #12; Angela River, District #11; Bob Gosselin, District #13 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CITY OF ROCHESTER HILLS – TIENKEN ROAD - PROJECT NO. 48661
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the
construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and
WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program
shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the City of Rochester Hills, along with the RCOC has identified a project and said project is
ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City
of Rochester Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Rochester Hills has demonstrated that it has authorized its one-third (1/3) share of
the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-
Party Road Improvement funding for the City of Rochester Hills is $116,667. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of Rochester Hills and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED 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 City of
Rochester Hills. Chairperson, we move the adoption of the foregoing Resolution.
Commissioners Minutes Continued. May 17, 2012
357
JEFF MATIS, ANGELA RIVER, BOB GOSSELIN
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #12129)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CITY OF THE ROCHESTER HILLS – TIENKEN ROAD – PROJECT NO. 48661
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds:
1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement
Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $116,667 is available in the General Fund Designated Fund Balance for Tri-Party
2012 and prior funding (account #383510) for project 48661. 3. This project is for the reconstruction and widening of Tienken Road from Livernois to Sheldon.
4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012 Revenue
9010101-196030-665882 Planned Use of Fund Balance $116,667 Total Revenues $116,667
Expenditures
9010101-153010-740135 Road Commission Tri-Party $116,667 Total Expenditures $116,667
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12126 BY: Commissioner Beth Nuccio, District #1
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – TOWNSHIP OF GROVELAND – GRAVEL ROAD PROGRAM -
PROJECT NO. 51301 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after
completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have
identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said
appropriation to a project account; and
Commissioners Minutes Continued. May 17, 2012
358
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the Township of Groveland, along with the RCOC has identified a project and said project is
ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the
Township of Groveland and said appropriation has been transferred to a project account; and WHEREAS the Township of Groveland has demonstrated that it has authorized its one-third (1/3) share
of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-
Party Road Improvement funding for the Township of Groveland is $12,613. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the Township of Groveland and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED 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
Township of Groveland. Chairperson, I move the adoption of the foregoing Resolution.
BETH NUCCIO
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file
in County Clerk’s office.
FISCAL NOTE (MISC. #12126) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – TOWNSHIP OF GROVELAND – GRAVEL ROAD PROGRAM –
PROJECT NO. 51301 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution
#11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $12,613 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 51301.
3. This project is for FY2012 Gravel Road program. 4. The FY 2012 budget be amended as follows:
GENERAL FUND(#10100) FY 2012
Revenue 9010101-196030-665882 Planned Use of Fund Balance $12,613
Total Revenues $12,613
Expenditures 9010101-153010-740135 Road Commission Tri-Party $12,613
Total Expenditures $12,613 FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
Commissioners Minutes Continued. May 17, 2012
359
*MISCELLANEOUS RESOLUTION #12127 BY: Commissioner Beth Nuccio, District #1
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – ADDISON TOWNSHIP – GRAVEL ROAD PROGRAM - PROJECT
NO. 51291 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after
completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have
identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said
appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract
for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution
authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance
Committee and the full Board before any funds are released from the Tri-Party Program designation account; and
WHEREAS the Township of Addison, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Township of Addison and said appropriation has been transferred to a project account; and
WHEREAS the Township of Addison has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the Township of Addison is $20,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Township of Addison and authorizes the release of Tri-Party Road
Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 Township of Addison.
Chairperson, I move the adoption of the foregoing Resolution. BETH NUCCIO
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #12127)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – ADDISON TOWNSHIP– GRAVEL ROAD PROGRAM – PROJECT NO. 51291
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds:
Commissioners Minutes Continued. May 17, 2012
360
1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement
Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $20,000 is available in the General Fund Designated Fund Balance for Tri-Party 2012
and prior funding (account #383510) for project 51291. 3. This project is for FY2012 Gravel Road program.
4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012 Revenue
9010101-196030-665882 Planned Use of Fund Balance $20,000 Total Revenues $20,000
Expenditures
9010101-153010-740135 Road Commission Tri-Party $20,000 Total Expenditures $20,000
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12132 BY: Commissioner Philip Weipert, District #8
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF WIXOM – TWELVE MILE ROAD AT BECK ROAD -
PROJECT NO. 51341 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after
completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have
identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said
appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract
for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution
authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance
Committee and the full Board before any funds are released from the Tri-Party Program designation account; and
WHEREAS the City of Wixom, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City of Wixom and said appropriation has been transferred to a project account; and
WHEREAS the City of Wixom has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the City of Wixom $12,333.
Commissioners Minutes Continued. May 17, 2012
361
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Wixom and authorizes the release of Tri-Party Road
Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 City of Wixom.
Chairperson, I move the adoption of the foregoing Resolution. PHILIP WEIPERT
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #12132)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CITY OF WIXOM – TWELVE MILE ROAD AT BECK ROAD – PROJECT NO. 51341
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds:
1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement
Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $12,333 is available in the General Fund Designated Fund Balance for Tri-Party 2012
and prior funding (account #383510) for project 51341. 3. This project is for the improvement of the intersection at Twelve Mile road and Beck road.
4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012 Revenue
9010101-196030-665882 Planned Use of Fund Balance $12,333 Total Revenues $12,333
Expenditures
9010101-153010-740135 Road Commission Tri-Party $12,333 Total Expenditures $12,333
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12120 BY: Commissioners Bob Gosselin, District #13; Mike Bosnic, District #19; David Potts, District #20; Gary
McGillivray, District #24 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CITY OF TROY – WESTBOUND LONG LAKE ROAD - PROJECT NO. 51261
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the
construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and
WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program
Commissioners Minutes Continued. May 17, 2012
362
shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the City of Troy, along with the RCOC has identified a project and said project is ready to be
undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City
of Troy and said appropriation has been transferred to a project account; and WHEREAS the City of Troy has demonstrated that it has authorized its one-third (1/3) share of the
funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-
Party Road Improvement funding for the City of Troy is $94,836. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of Troy and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED 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 City of
Troy. Chairperson, we move the adoption of the foregoing Resolution.
BOB GOSSELIN, MIKE BOSNIC, DAVID POTTS, GARY MCGILLIVRAY
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #12120)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CITY OF TROY – WESTBOUND LONG LAKE ROAD – PROJECT NO. 51261
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds:
1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement
Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $94,837 is available in the General Fund Designated Fund Balance for Tri-Party 2012
and prior funding (account #383510) for project 51261. 3. This project is for concrete slab replacement on Long Lake Road from Crooks road to Northfield
Parkway. 4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012
Revenue 9010101-196030-665882 Planned Use of Fund Balance $94,837
Total Revenues $94,837
Commissioners Minutes Continued. May 17, 2012
363
Expenditures 9010101-153010-740135 Road Commission Tri-Party $94,837
Total Expenditures $94,837 FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12131
BY: Commissioner Philip Weipert, District #8 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CITY OF WALLED LAKE – MAPLE ROAD - PROJECT NO. 50851 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after
completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have
identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said
appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract
for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution
authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance
Committee and the full Board before any funds are released from the Tri-Party Program designation account; and
WHEREAS the City of Walled Lake, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City of Walled Lake and said appropriation has been transferred to a project account; and
WHEREAS the City of Walled Lake has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the City of Walled Lake $76,667.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Walled Lake and authorizes the release of Tri-Party Road
Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 City of Walled Lake.
Chairperson, I move the adoption of the foregoing Resolution. PHILIP WEIPERT
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office.
Commissioners Minutes Continued. May 17, 2012
364
FISCAL NOTE (MISC. #12131) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF THE WALLED LAKE – MAPLE ROAD – PROJECT NO.
50851 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds: 1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution
#11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $76,667 is available in the General Fund Designated Fund Balance for Tri-Party 2012 and prior funding (account #383510) for project 50851.
3. This project is for the Pontiac Trail concrete reconstruction from Maple road to S. Commerce and a portion of Maple road.
4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012 Revenue
9010101-196030-665882 Planned Use of Fund Balance $76,667 Total Revenues $76,667
Expenditures
9010101-153010-740135 Road Commission Tri-Party $76,667 Total Expenditures $76,667
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12119 BY: Commissioner Tom Middleton, District #4
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CITY OF THE VILLAGE OF CLARKSTON – VALLEY PARK DRIVE -
PROJECT NO. 51212 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after
completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have
identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said
appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract
for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution
authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance
Committee and the full Board before any funds are released from the Tri-Party Program designation account; and
Commissioners Minutes Continued. May 17, 2012
365
WHEREAS the City of the Village of Clarkston, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the City of the Village of Clarkston and said appropriation has been transferred to a project account; and
WHEREAS the City of the Village of Clarkston has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the City of the Village of Clarkston is $15,750.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of the Village of Clarkston and authorizes the release of Tri-
Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 City of the Village of Clarkston.
Chairperson, I move the adoption of the foregoing Resolution. TOM MIDDLETON
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, and Cost Participation Agreement Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #12119)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CITY OF THE VILLAGE OF CLARKSTON – VALLEY PARK DRIVE – PROJECT NO. 51212
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds:
1. On December 15, 2011, the Board of Commissioners approved Miscellaneous Resolution #11305 which designated $2,876,802 in fund balance for the Tri-Party Road Improvement
Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $15,750 is available in the General Fund Designated Fund Balance for Tri-Party 2012
and prior funding (account #383510) for project 51212. 3. This project is for the resurfacing of Valley Park Drive from the City Limit to Holcomb.
4. The FY 2012 budget be amended as follows:
GENERAL FUND (#10100) FY 2012 Revenue
9010101-196030-665882 Planned Use of Fund Balance $15,750 Total Revenues $15,750
Expenditures
9010101-153010-740135 Road Commission Tri-Party $15,750 Total Expenditures $15,750
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
MISCELLANEOUS RESOLUTION #12135
BY: Finance Committee
IN RE: TREASURER’S OFFICE - RESOLUTION AUTHORIZING ISSUANCE OF OAKLAND COUNTY
BUILDING AUTHORITY, BUILDING AUTHORITY REFUNDING BONDS, SERIES 2012 (REFUNDS
SERIES 2002A, SERIES 2003 AND SERIES 2004) AND APPROVING THE UNDERTAKING TO
PROVIDE CONTINUING DISCLOSURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Commissioners Minutes Continued. May 17, 2012
366
WHEREAS pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948, extra session, as
amended, ("Act 31") the Oakland County Building Authority (the "Authority") and the County of Oakland
(the "County"), have entered into a Full Faith and Credit General Obligation Lease Contract dated as of
July 1, 2001 (as listed in Appendix A) (the "2001 Lease Contract"); and
WHEREAS pursuant to the 2001 Lease Contract, the Building Authority has issued the Oakland County
Building Authority, Building Authority Bonds, Series 2002A in the original aggregate principal amount of
$5,200,000 dated as of August 1, 2002 which remain outstanding as listed in Appendix B (the "2002A
Bonds") to defray the cost of constructing, furnishing and equipping the Sheriff’s Substation for the
County; and
WHEREAS in addition, the Authority and the County have also entered into a Full Faith and Credit
General Obligation Lease Contract dated as of November 1, 2002 (as listed in Appendix A) (the "2002
Lease Contract") pursuant to the 2002 Lease Contract, the Building Authority has issued the Oakland
County Building Authority, Building Authority Bonds, Series 2003 in the original aggregate principal
amount of $7,560,000 dated as of February 1, 2003 which remain outstanding as listed in Appendix B
(the "2003 Bonds") to defray the cost of the acquisition of a building to be used as County administrative
offices; and
WHEREAS also in addition, the Authority and the County have also entered into a Full Faith and Credit
General Obligation Lease Contract dated as of August 1, 2004 (as listed in Appendix A) (the "2004 Lease
Contract") pursuant to the 2004 Lease Contract, the Building Authority has issued the Oakland County
Building Authority, Building Authority Bonds, Series 2004 in the original aggregate principal amount of
$6,660,000 dated as of August 1, 2004 which remain outstanding as listed in Appendix B (the "2004
Bonds") to defray the cost of the constructing, furnishing and equipping the Oakland International Airport
T-Hangar and the Oakland Troy Airport T-Hangar; and
WHEREAS the 2002A Bonds, 2003 Bonds and the 2004 Bonds are hereinafter sometimes referred to as
(the “Bonds”); and
WHEREAS the 2001 Lease Contract, the 2002 Lease Contract and the 2004 Lease Contract are
hereinafter sometimes referred to as (the “Lease Contract”); and
WHEREAS the Bonds remain outstanding in various aggregate principal amounts which mature in
various principal amounts in various years and bear interest at various rates per annum which rates of
interest are higher than those now prevailing; and
WHEREAS Act 31 and Act No. 34, Public Acts of Michigan, 2001, as amended, ("Act 34") authorize the
Authority to refund all or any part of its indebtedness; and
WHEREAS the County has determined that a significant cost savings can be achieved by refunding
outstanding Bonds in whole or in part; and
WHEREAS in order to provide for the Refunding Bonds and to comply with federal securities regulations,
it is necessary to approve an amendment to the Lease Contract between the County and the Authority
(the “Amendment to Lease Contract”) attached as Appendix C in order to approve the undertaking to
provide continuing disclosure.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF
OAKLAND as follows:
1. The Authority is authorized to proceed to refund any or all of the Bonds described in Appendix B
in whole or in part, on such terms and conditions as will result in a lower total indebtedness on
such issue.
2. The Amendment to Lease Contract attached hereto as Appendix C is hereby approved.
3. The County Officials set forth on the Amendment to Lease Contract are authorized to execute
and deliver the Amendment to Lease Contract on behalf of the County.
4. After any refunding bonds are issued, the Authority shall report to the County on the new debt
service schedule and the savings in total principal and interest.
5. The County Executive, if necessary, is authorized to file for approval to issue the bonds from the
State of Michigan, Department of Treasury ("Treasury"), to pay the related fee, and to execute
and deliver such other documents as may be requested by the Treasury.
6. All activities involved in the refunding of the Bonds under this resolution shall comply with the
standing rules of the Board of Commissioners.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in the
blanks in Exhibit A to Appendix C - Debt Retirement Schedule prior to executing and filing these
documents with the Oakland County Clerk.
Commissioners Minutes Continued. May 17, 2012
367
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
las.r1-oak239
APPENDIX A
$5,200,000 Oakland County Building Authority, Building Authority Bonds, Series 2002A – FULL
FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT MADE AS OF JULY 1, 2001.
$7,560,000 Oakland County Building Authority, Building Authority Bonds, Series 2003 – FULL
FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT MADE AS OF NOVEMBER 1, 2002.
$6,660,000 Oakland County Building Authority, Building Authority Bonds, Series 2004 – FULL
FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT MADE AS OF AUGUST 1, 2004.
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Commissioners Minutes Continued. May 17, 2012
368
APPENDIX B
OAKLAND COUNTY BUILDING AUTHORITY,
BUILDING AUTHORITY BONDS, SERIES 2002A
Date Principal
9/1/12 $ 250,000
9/1/13 250,000
9/1/14 275,000
9/1/15 275,000
9/1/16 300,000
9/1/17 300,000
9/1/18 325,000
9/1/19 325,000
9/1/20 230,000
TOTAL $2,530,000
OAKLAND COUNTY BUILDING AUTHORITY,
BUILDING AUTHORITY BONDS, SERIES 2003
Date Principal
9/1/12 $ 350,000
9/1/13 350,000
9/1/14 375,000
9/1/15 375,000
9/1/16 400,000
9/1/17 425,000
9/1/18 425,000
9/1/19 450,000
9/1/20 475,000
9/1/21 500,000
9/1/22 525,000
9/1/23 535,000
TOTAL $5,185,000
OAKLAND COUNTY BUILDING AUTHORITY,
BUILDING AUTHORITY BONDS, SERIES 2004
Date Principal
9/1/12 $ 290,000
9/1/13 300,000
9/1/14 310,000
9/1/15 325,000
9/1/16 340,000
9/1/17 355,000
9/1/18 370,000
9/1/19 385,000
9/1/20 405,000
9/1/21 425,000
9/1/22 445,000
9/1/23 470,000
9/1/24 490,000
TOTAL $4,910,000
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Commissioners Minutes Continued. May 17, 2012
369
APPENDIX C
AMENDMENT TO LEASE CONTRACT
THIS AMENDMENT TO FULL FAITH AND CREDIT GENERAL OBLIGATION LEASE
CONTRACT (“Amendment to Lease Contract”) made as of June 1, 2012, by and between the OAKLAND
COUNTY BUILDING AUTHORITY (the “Authority”), a building authority organized and existing under and
pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended
(“Act 31”), and the COUNTY OF OAKLAND, a County of the State of Michigan (the “County”),
W I T N E S S E T H:
WHEREAS the Authority has been incorporated by the County pursuant to Act 31 for the purpose
of acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining a building or
buildings, automobile parking lots or structures, recreational facilities and stadiums, and the necessary
site or sites therefor, for the use of the County; and
WHEREAS the County desired to construct, furnish and equip the Sheriff’s Substation for the
County, to acquire a building to be used as County administrative offices, and to construct, furnish and
equip the Oakland International Airport T-Hangar and the Oakland Troy Airport T-Hangar (the “Projects”),
and the Authority constructed and acquired the Projects; and
WHEREAS it is proposed that the Authority refinance part of the outstanding building authority
bonds dated August 1, 2002 (the “2002A Bonds”) issued by the Authority pursuant to the Full Faith and
Credit General Obligation Lease Contract dated as of July 1, 2001 (the “2001 Lease Contract”) and Act
31; and
WHEREAS it is proposed that the Authority refinance part of the outstanding building authority
bonds dated February 1, 2003 (the “2003 Bonds”) issued by the Authority pursuant to the Full Faith and
Credit General Obligation Lease Contract dated as of November 1, 2002 (the “2002 Lease Contract”) and
Act 31; and
WHEREAS it is proposed that the Authority refinance part of the outstanding building authority
bonds dated August 1, 2004 (the “2004 Bonds”) issued by the Authority pursuant to the Full Faith and
Credit General Obligation Lease Contract dated as of August 1, 2004 (the “2004 Lease Contract”) and
Act 31; and
WHEREAS the 2001 Lease Contract, the 2002 Lease Contract and the 2004 Lease Contract are
hereinafter sometimes referred to as (the “Lease Contract”); and
WHEREAS in order to make possible the issuance of refunding bonds it is necessary for the
parties to enter into this Amendment to Lease Contract.
THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS
SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS
AMENDMENT TO LEASE CONTRACT AS FOLLOWS:
A. The following paragraphs 24 and 25 are added to the Lease Contract to read as follows:
24. Authorization and Issuance of Refunding Bonds. As soon as practicable after the effective date
of the Amendment to Lease Contract, the Authority shall proceed to issue its building authority
refunding bonds in the aggregate principal amount of not to exceed $13,000,000 (the “Refunding
Bonds”), pursuant to and in accordance with the provisions of Act 31, for the purpose of refunding
the Building Authority Bonds, Series 2002A, dated as of August 1, 2002 maturing in the years
2013 through 2020, for the purpose of refunding the Building Authority Bonds, Series 2003, dated
as of February 1, 2003 maturing in the years 2013 through 2023, and for the purpose of refunding
Commissioners Minutes Continued. May 17, 2012
370
the Building Authority Bonds, Series 2004, dated as of August 1, 2004 maturing in the years 2013
through 2024.
The Authority shall pledge for the payment of the principal of and interest on the Refunding Bonds
the cash rental payments described and required to be paid by the County pursuant to the Lease
Contract and this Amendment to Lease Contract. The Refunding Bonds shall be dated August 1,
2012 or such earlier or later date as to be determined. The Refunding Bonds shall bear interest
at a rate or rates that will produce a savings true interest cost and shall mature in accordance
with the Debt Retirement Schedule set forth on Exhibit A to this Amendment to Lease Contract.
Each date on which any payment of principal of and/or interest on any Refunding Bonds is due is
referred to herein as a “Bond Payment Date”.
The County and the Authority recognize and acknowledge that (a) such Debt Retirement
Schedule is based upon an assumed interest rate and date of issuance of the Refunding Bonds
and assumed Bond Payment Date, all as set forth in Exhibit A, (b) the Bond Payment Dates will
be specified in the Award Resolution and (c) the rental payments due under this Amendment to
Lease Contract will be determined when the Award Resolution is adopted by the Authority and
the Refunding Bonds are sold, by application of the rate or rates of interest actually borne by the
Refunding Bonds.
25. Undertaking to Provide Continuing Disclosure for Refunding Bonds. The County and the Authority
hereby covenant and agree, for the benefit of the beneficial owners of the Refunding Bonds, to
enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated
by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of
1934 (the "Rule") to provide continuing disclosure of certain financial information and operating
data and timely notices of the occurrence of certain events in accordance with the Rule. This
Undertaking shall be enforceable by the beneficial owners of the Refunding Bonds or by the
Purchaser(s) on behalf of such holders (provided that the Purchaser(s) right to enforce the
provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the
obligations hereunder and any failure by the County and the Authority to comply with the
provisions of this Undertaking shall not be an event of default with respect to the Refunding
Bonds).
The County Treasurer and the Chairperson or Treasurer of the Authority, or other officer of the
County or Authority charged with the responsibility for issuing the Refunding Bonds, shall provide
a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the
details and terms of the County’s and Authority's Undertaking.”
IN WITNESS WHEREOF, the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission,
and the COUNTY OF OAKLAND, by its Board of Commissioners, have caused this Amendment to Lease
Contract to be signed by their duly authorized officers, and their seals to be affixed hereto, all as of the
day and year first above written.
WITNESSES TO SIGNATURES OAKLAND COUNTY BUILDING AUTHORITY
OF AUTHORITY OFFICERS:
________________________ By:__________________________________
Chairperson of its Commission
________________________ By:_________________________________
Secretary of its Commission
Commissioners Minutes Continued. May 17, 2012
371
WITNESSES TO SIGNATURES COUNTY OF OAKLAND
OF COUNTY OFFICERS:
_______________________ By:__________________________________
Chairperson, Board of Commissioners
_______________________ By:__________________________________
County Clerk
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STATE OF MICHIGAN)
)ss.
COUNTY OF OAKLAND)
On this ____ day of __________, ____, before me appeared ________________ and
________________, to me personally known, who being by me duly sworn, did each say that they are,
respectively, the Chairperson and the Secretary of the Commission of the OAKLAND COUNTY
BUILDING AUTHORITY and that the foregoing Amendment to Lease Contract was signed and sealed by
them on behalf of the Authority by authority of its Commission, and that such persons acknowledged such
instrument to be the free act and deed of the Authority.
____________________________________
Notary Public, Oakland County,
Michigan
My Commission Expires:_________
(Seal)
STATE OF MICHIGAN)
)ss.
COUNTY OF OAKLAND)
On this ____ day of ____________, ____, before me appeared _______________________ and
_________________, to me personally known, who being by me duly sworn, did each say that they are,
respectively, the Chairperson of the Board of Commissioners and the County Clerk of the COUNTY OF
OAKLAND and that the foregoing Amendment to Lease Contract was signed and sealed by them on
behalf of the County by authority of its Board of Commissioners, and that such persons acknowledged
such instrument to be the free act and deed of the County.
____________________________________
Notary Public, Oakland County,
Michigan
My Commission Expires:_________
(Seal)
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Commissioners Minutes Continued. May 17, 2012
372
EXHIBIT A
Period
Ending Principal Annual Rate Interest Total
9/1/13 $________ _________% $________ $____
9/1/14 ________ _________ ________ ____
9/1/15 ________ _________ ________ ____
9/1/16 ________ _________ ________ ____
9/1/17 ________ _________ ________ ____
9/1/18 ________ _________ ________ ____
9/1/19 ________ _________ ________ ____
9/1/20 ________ _________ ________ ____
9/1/21 ________ _________ ________ ____
9/1/22 ________ _________ ________ ____
9/1/23 ________ _________ ________ ____
9/1/24 ________ _________ ________ ____
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(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12136
BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT/FACILITIES PLANNING & ENGINEERING – 2012 PARKING LOT
REPAVING JUDGE’S WELL To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Fiscal Year 2012 Capital Improvement Program identifies the 2012 Parking Lot Repaving
Program; and WHEREAS the Facilities Planning & Engineering Division recommends repavement of the deteriorating
Judge’s Well which was last repaved 25 years ago, as well as a small parking area at the service truck dock of the West Wing Extension building; and
WHEREAS in accordance with Purchasing Division procedures, four (4) bids were received and opened on April 24, 2012 for the project and were reviewed by the Facilities Planning & Engineering Division and
the Purchasing Division; and WHEREAS the lowest responsible bidder is Goretski Construction of Milford, Michigan with a bid in the
amount of $154,000; and WHEREAS Purchasing and Facilities Planning & Engineering met with Goretski Construction to review
their bid and confirm all work was understood and included; and WHEREAS total project costs of $205,000 are recommended by the Facilities Planning & Engineering
Division, including the contract award of $154,000, engineering consultants $16,000, and contingency of $35,000; and
WHEREAS funding in the amount of $205,000 for the project is available for transfer from the FY 2012 Capital Improvement Program/Building Improvement Fund (#40100) to the Project Work Order Fund
(#40400) for the 2012 Parking Lot Repaving Judge’s Well Project. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the 2012 Parking Lot
Repaving Judge’s Well Project for $205,000. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes transfer of funding in the
amount of $205,000 from the Capital Improvement Program/Building Fund (#40100) to the Project Work Order Fund (#40400) to establish the 2012 Parking Lot Repaving Judge’s Well Project (#100000001614)
as detailed below: Building Improvement Fund (#40100)
1040101-148020-788001-40400 Transfer Out ($205,000) Project Work Order Fund (#40400)
1040101-148020-695500-40100 Transfer In $ 205,000 $ -0-
Commissioners Minutes Continued. May 17, 2012
373
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12137
BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/TROY AIRPORT – 2012 GRANT
PROGRAM ACCEPTANCE – MASTER PLAN STUDY To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract
No. 2012-0439, Federal Project No. E-26-0118-1309,for Federal funds in the amount of $251,750, and State funds in the amount of $6,625, for the development and improvement of Oakland/Troy Airport; and
WHEREAS the project consists of a Master Plan Study at Oakland/Troy Airport; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of
Transportation requires a local grant match of $6,625, which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant
contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review
process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of
M.R. #95098, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
grant contract in an amount not to exceed $265,000, which includes a local grant match of $6,625, which is available from the airport fund.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Central Services/Aviation Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #12137)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND/TROY AIRPORT – 2012 GRANT
PROGRAM ACCEPTANCE – MASTER PLAN STUDY To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2012-
0439, Federal Project No. E-26-0118-1309, for Federal funds in the amount of $251,750, State funds in the amount of $6,625 and a required local grant match of $6,625 for the development
and improvement of Oakland/Troy Airport. 2. The project consists of Master Plan Study at Oakland/Troy Airport.
3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract.
4. Target date for project completion is 36 months from the date of the award. 5. The total cost of the project is $265,000 with $251,750 of the cost from Federal funds, $6,625 of
the cost from State funds, and $6,625 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the
administration of the project. 7. No General fund appropriation is required. Funding is available within the Airport Fund.
Commissioners Minutes Continued. May 17, 2012
374
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12138 BY: Planning and Building Committee, David Potts, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - CITY OF PONTIAC WASTEWATER TREATMENT FACILITY DRAINAGE DISTRICT DRAIN BONDS - FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen:
WHEREAS proceedings have been taken by the Drainage Board for the City of Pontiac Wastewater Treatment Facility Drainage District (the "Drainage Board") to locate, establish and construct the City of
Pontiac Wastewater Treatment Facility (the "Project") 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; and WHEREAS in order to pay for all or part of the costs of the Project, the Drainage Board is expected to
authorize and provide for the issuance by the City of Pontiac Wastewater Treatment Facility Drainage District (the "Drainage District") of bonds in the aggregate principal amount of not to exceed $61,000,000
and bearing interest at a rate not to exceed 8% per annum (the "Bonds), in anticipation of the collection of an equal amount of special assessments against public corporations in the Drainage District, said special
assessments to be duly confirmed as provided in 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 of Oakland (the "County") for the payment of the principal of and interest on the Bonds; and
WHEREAS, the Project is necessary to protect and preserve the public health and, therefore, it is in the best interests of the County that the Bonds be sold.
NOW THEREFORE, BE IT RESOLVED: 1. Pursuant to the authorization provided in Section 474 of the Drain Code, and provided that the
Bonds are issued within the parameters set forth above, the Board of Commissioners of the County hereby pledges irrevocably the full faith and credit of the County for the prompt payment
of the principal of and interest on the Bonds, and agrees that, in the event any public corporation shall fail or neglect to account to the County Treasurer of the County for the amount of any
special assessment installment and interest when due, the amount thereof shall be advanced immediately from County funds, and the County Treasurer is directed to make such advancement
to the extent necessary. 2. In the event that, pursuant to the pledge of full faith and credit, the County advances out of
County funds all or any part of an 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. 3. The County Treasurer or the financial consultant for the Bonds, Municipal Financial Consultants
Incorporated, is authorized to file with the Department of Treasury of the State of Michigan on behalf of the County an Application for State Treasurer's Approval to Issue Bonds with respect to
the Bonds. 4. The County Treasurer is authorized to approve the circulation of a nearly final and final official
statement for the Bonds, to cause the preparation of those portions of the nearly final and final official statement that pertain to the County, and to do all other things necessary for compliance
with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The County Treasurer is authorized to execute and deliver such certificates and to do all other
things that are necessary to effectuate the sale and delivery of the Bonds. 5. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of
the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to subsection (b)(5) of the Rule and (ii)
amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing
Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any
failure of the County to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein.
Commissioners Minutes Continued. May 17, 2012
375
Chairperson on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC. #12138) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER – CITY OF PONTIAC WASTEWATER TREATMENT FACILITY DRAINAGE DISTRICT DRAIN BONDS – FULL FAITH AND CREDIT RESOLUTION
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds:
1. The resolution provides for the authorization of Bonds for the City of Pontiac Wastewater Treatment Facility Drainage District to locate, establish and construct the City of Pontiac
Wastewater Treatment Facility pursuant to the provisions of Chapter 20 of the Drain Code of 1956, as amended.
2. The Board of Commissioners will pledge the full faith and credit of the County of Oakland for the payment of principal and interest on the City of Pontiac Wastewater Treatment Facility Drainage
District Bonds. 3. The City of Pontiac Wastewater Treatment Facility Bonds will be issued not to exceed
$61,000,000 and bear an interest rate not to exceed 8% per annum. 4. The statutory limit for County debt is $5,245,346,034 (10% of State Equalized Value). As of April
26, 2012, the total pledged debt is $284,290,773 or approximately .5420% of the S.E.V. 5. The Public Corporations will pay for the Bonds through a Special Assessment Roll for the City of
Pontiac Wastewater Treatment Facility Drainage District. 6. No County general funds shall be appropriated to this Project.
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12139 BY: Planning and Building Committee, David Potts, Chairperson
IN RE: WATER RESOURCES COMMISSIONER - RESOLUTION TO ESTABLISH CITY OF PONTIAC SEWAGE DISPOSAL SYSTEM AND AUTHORIZE CITY OF PONTIAC SEWAGE
DISPOSAL SYSTEM CONTRACT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the City of Pontiac (the "City") is in urgent need of sewage disposal system improvements
and facilities constituting a part of the system as described in the proposed form of the contract hereinafter mentioned, in order to promote the health and welfare of the residents thereof, which sewage
disposal improvements, facilities and system also would benefit the County and its residents, and the parties to said proposed contract have concluded that such improvements and facilities can be provided
and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"); and
WHEREAS by the terms of Act 342, the County and the City are authorized to enter into a contract for the acquisition by the County of the sewage disposal system improvements and facilities to serve the City;
and WHEREAS the improvements and facilities are subject to certain debt obligations related thereto, and the
County will assume such obligations as part of its acquisition of the improvements and facilities by covenanting to the holders of such obligations to make payments thereon in the event that amounts paid
by the City are insufficient for such purpose; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the
County, by and through the County Water Resources Commissioner, County Agency, party of the first part, and the City, party of the second part (the "Contract"), which Contract provides for the acquisition by
the County of the sewage disposal system improvements and facilities and which Contract is hereinafter set forth in full; and
Commissioners Minutes Continued. May 17, 2012
376
WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the sewage
disposal system improvements and facilities; and WHEREAS this Board of Commissioners desires to establish the sewage disposal system and to proceed
with the acquisition of the sewage disposal system improvements and facilities and the approval and execution of the Contract to acquire the sewage disposal system improvements and
facilities as provided in the Contract. THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as
follows: 1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of
Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, the establishment of the City of Pontiac Sewage Disposal System (the "System"),
which shall consist of (i) sewage disposal system improvements and facilities, as specified and to be located as shown in Exhibit A to the Contract (the "Project") and (ii) the services provided
thereby; that the Project and the System shall serve the City; that the Oakland County Water Resources Commissioner is hereby designated and appointed as the "County Agency" for the
Project and the System; that the County Agency shall have all the powers and duties with respect to the Project and the System as are provided by law and especially by Act 342; and that all
obligations incurred by the County Agency with respect to the Project and the System, except as set forth in Section 3 hereof or otherwise authorized by this Board of Commissioners, shall be
payable solely from funds derived from the City as provided in the Contract.
2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS. The preliminary plans and specifications for the Project and services as contained in Exhibit A to the Contract and
the estimate of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. The estimate of $23,160,000 as the
cost of the Project, as evidenced by the outstanding debt on the improvements and facilities comprising the Project set forth on Exhibit B to the Contract, is hereby approved and adopted.
3. COVENANT TO HOLDERS OF CITY BONDS. The County agrees in paragraph 9 of the Contract
to covenant to the holders of the City of Pontiac Sanitary Sewer System Revenue Bonds as described in Exhibit B to the Contract (the "Sewage Disposal Revenue Bonds") to make
semiannual payments of the Sewage Disposal Revenue Bonds in the event amounts paid by the City are not sufficient to meet the City's obligations thereon. The City remains obligated to repay
the Sewage Disposal Revenue Bonds from the net revenues of the Project. The County Agency is hereby authorized to take all action necessary to evidence and effectuate the covenant to the
holders of the Sewage Disposal Revenue Bonds as described in the Contract.
4. APPROVAL OF CONTRACT. The City of Pontiac Sewage Disposal System Contract between the County, by and through the County Water Resources Commissioner, party of the first part,
and the City, party of the second part, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Water Resources
Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract is
attached to this resolution hereto as EXHIBIT “1”.
5. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit A - Pontiac Sanitary Sewer System map, Exhibit B – Existing City of Pontiac Sanitary Sewer System Revenue Bonds and Exhibit C - Scope of Services Sewage Disposal System Operation
and Maintenance Incorporated by Reference. Original on file in County Clerk’s office.
Commissioners Minutes Continued. May 17, 2012
377
FISCAL NOTE (MISC. #12139) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO ESTABLISH CITY OF PONTIAC SEWAGE DISPOSAL SYSTEM AND AUTHORIZE CITY OF PONTIAC SEWAGE DISPOSAL SYSTEM
CONTRACT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds: 1. This resolution establishes the City of Pontiac Sewage Disposal System (the “System”) and
authorizes the contract for Oakland County to proceed with the acquisition of the Project for the City of Pontiac.
2. The acquisition of the Project can be most economically and efficiently conducted by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as
amended (“Act 342”). 3. The Project consists of acquiring a sewer disposal system with improvements and facilities to
promote the public health and welfare of the residents. 4. Oakland County will assume the existing debt and the Water Resources Commissioner will
assume the administration, operation and maintenance of the system. 5. The estimated cost of the Project based on outstanding debt for the improvements and facilities is
$23,160,000 with a 40 year and upward useful life. 6. The City of Pontiac shall remain obligated to repay the Sewage Disposal Revenue Bonds from
the net revenues of the Project. 7. The Contract states that any amount due and owing to the County which is still unpaid at the time
the County distributes funds to the City from the Delinquent Tax Revolving Fund, the County shall be entitled to reduce, set-off, and permanently retain any amount due to the City from Delinquent
Tax Revolving Fund by any such amount then still due and owing the County. 8. No County general funds shall be appropriated to this Project.
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12140
BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER - RESOLUTION TO ESTABLISH CITY OF
PONTIAC WATER SUPPLY SYSTEM AND AUTHORIZE CITY OF PONTIAC WATER SUPPLY SYSTEM CONTRACT
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the City of Pontiac (the "City") is in urgent need of water supply system improvements and facilities constituting a part of the system as described in the proposed form of the contract hereinafter
mentioned, in order to promote the health and welfare of the residents thereof, which water supply improvements, facilities and system also would benefit the County and its residents, and the parties to
said proposed contract have concluded that such improvements and facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by
Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"); and WHEREAS by the terms of Act 342, the County and the City are authorized to enter into a contract for the
acquisition by the County of the water supply system improvements and facilities to serve the City; and WHEREAS the improvements and facilities are subject to certain debt obligations related thereto, and the
County will assume such obligations as part of its acquisition of the improvements and facilities by covenanting to the holders of such obligations to make payments thereon in the event that amounts paid
by the City are insufficient for such purpose; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the
County, by and through the County Water Resources Commissioner, County Agency, party of the first part, and the City, party of the second part (the "Contract"), which Contract provides for the acquisition by
the County of the water supply system improvements and facilities and which Contract is hereinafter set forth in full; and
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WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the water supply
system improvements and facilities; and WHEREAS this Board of Commissioners desires to establish the water supply system and to proceed
with the acquisition of the water supply system improvements and facilities and the approval and execution of the Contract to acquire the water supply system improvements and facilities as provided in
the Contract. THEREFORE BE IT RESOLVED by the Board of Commissioners of Oakland County, Michigan, as
follows: APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of
Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, the establishment of the City of Pontiac Water Supply System (the "System"), which
shall consist of (i) water supply system improvements and facilities, as specified and to be located as shown in Exhibit A to the Contract (the "Project") and (ii) the services provided thereby; that
the Project and the System shall serve the City; that the Oakland County Water Resources Commissioner is hereby designated and appointed as the "County Agency" for the Project and
the System; that the County Agency shall have all the powers and duties with respect to the Project and the System as are provided by law and especially by Act 342; and that all obligations
incurred by the County Agency with respect to the Project and the System, except as set forth in Section 3 hereof or otherwise authorized by this Board of Commissioners, shall be payable solely
from funds derived from the City as provided in the Contract.
1. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS. The preliminary plans and specifications for the Project and services as contained in Exhibit A to the Contract and
the estimate of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. The estimate of $3,670,000 as the
cost of the Project, as evidenced by the outstanding debt on the improvements and facilities comprising the Project set forth on Exhibit B to the Contract, is hereby approved and adopted.
2. COVENANT TO HOLDERS OF CITY BONDS. The County agrees in paragraph 9 of the Contract
to covenant to the holders of the City of Pontiac Water Supply System Revenue Bonds as described in Exhibit B to the Contract (the "Water Revenue Bonds") to make semiannual
payments of the Water Revenue Bonds in the event amounts paid by the City are not sufficient to meet the City's obligations thereon. The City remains obligated to repay the Water Revenue
Bonds from the net revenues of the Project. The County Agency is hereby authorized to take all action necessary to evidence and effectuate the covenant to the holders of the Water Revenue
Bonds as described in the Contract.
3. APPROVAL OF CONTRACT. The City of Pontiac Water Supply System Contract between the County, by and through the County Water Resources Commissioner, party of the first part, and
the City, party of the second part, which Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Water Resources
Commissioner is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract is
attached to this resolution hereto as EXHIBIT “1”.
4. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are rescinded.
Chairperson on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit 1 – City of Pontiac Water Supply System Contract, Exhibit B – Existing City of Pontiac Water System Revenue Bonds, Exhibit C Scope of Services Water Supply System Operation and
Maintenance Incorporated by Reference. Original on file in County Clerk’s office.
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FISCAL NOTE (MISC. 12140) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO ESTABLISH CITY OF PONTIAC WATER SUPPLY SYSTEM AND AUTHORIZE CITY OF PONTIAC WATER SUPPLY SYSTEM
CONTRACT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds: 1. This resolution establishes the City of Pontiac Water Supply System (the “System”) and
authorizes the contract for Oakland County to proceed with the acquisition of the Project for the City of Pontiac.
2. The acquisition of the Project can be most economically and efficiently conducted by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as
amended (“Act 342”). 3. The Project consists of acquiring a water supply system with improvements and facilities to
promote the public health and welfare of the residents. 4. Oakland County will assume the existing debt and the Water Resources Commissioner will
assume the administration, operation and maintenance of the system. 5. The estimated cost of the Project based on outstanding debt for the improvements and facilities is
$3,670,000 with a 40 year and upward useful life. 6. The City of Pontiac shall remain obligated to repay the Water Revenue Bonds from the net
revenues of the Project. 7. The Contract states that any amount due and owing to the County which is still unpaid at the time
the County distributes funds to the City from the Delinquent Tax Revolving Fund, the County shall be entitled to reduce, set-off, and permanently retain any amount due to the City from Delinquent
Tax Revolving Fund by any such amount then still due and owing the County. 8. No County general funds shall be appropriated to this Project.
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12141 BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY AND HOME IMPROVEMENT DIVISION – FY 2012 HOUSING COUNSELING PROGRAM GRANT-
(NATIONAL COMPETITIVE) ACCEPTANCE To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen: WHEREAS the U.S. Department of Housing and Urban Development (HUD) has awarded the
Department of Economic Development and Community Affairs, Division of Community and Home Improvement FY2012 Housing Counseling Program funding totaling $49,197.00 for the fiscal period
October 1, 2011, through September 30, 2012; and WHEREAS the total grant award of $49,197.00 includes $29,197.00 for Comprehensive Housing
Counseling Services and $20,000.00 for Reverse Mortgage Counseling Services; and WHEREAS the grant award of $49,197.00 represents a 24% variance from the application of $65,000;
and WHEREAS the grant provides funding to deliver a full range of housing counseling services to help
housing consumers improve housing conditions and meet the responsibilities of home ownership and tenancy through home purchase counseling, mortgage default and foreclosure assistance, Home Equity
Conversion Mortgage Program (Reverse Mortgage) counseling, landlord/tenant responsibility information, subsidized housing referral, home improvement resources and fair housing information; and
WHEREAS the County intends to use the grant to supplement Community Development Block Grant personnel funds allocated to deliver housing counseling services county-wide in accordance with the
Federal Housing Counseling Program Grant guidelines; and WHEREAS one (1) SR FTE Housing Counseling and Homeless Services Supervisor position (1090680-
03354) will be supplemented by Housing and Urban Development (HUD) funding; and WHEREAS County funding is not required for this grant continuation; and
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WHEREAS due to the grantor’s constrained fifteen business day time frame (April 4, 2012 – April 18, 2012) within which the executed grant agreements had to be returned to the U.S. Department of Housing
and Urban Development prior to start of the Agreement, the Agreement was sent to the Board of Commissioners’ Chairperson for signature prior to the completion of the County Executive’s Contract
Review Process and the Board of Commissioners’ Grant Acceptance Procedures; and WHEREAS since that time, the grant has been reviewed and approved through the County Executive’s
Grant Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY
2012 Housing Counseling Program Grant Award of $49,197.00 including $29,197.00 for Comprehensive Housing Counseling and $20,000.00 for Reverse Mortgage Counseling.
BE IT FURTHER RESOLVED that the FY 2012 Housing Counseling Program Grant partially fund one current (1) SR FTE Housing Counseling and Homeless Services Supervisor position (1090680-03354)
delivering housing counseling services. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment, and continuation of the special revenue positions in the grant is contingent upon continued future levels of grant funding.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board’s Chairperson and the County Executive to execute the grant agreement and to approve amendments and
extensions up to a fifteen (15) percent variance from the award. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution. PLANNING AND BUILDING COMMITTEE
Copy of Grant Review Sign Off – Community & Home Improvement Division Incorporated by Reference.
Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #12141) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY AND HOME IMPROVEMENT DIVISION – FY 2012 HOUSING COUNSELING PROGRAM GRANT -
(NATIONAL COMPETITIVE) ACCEPTANCE To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds: 1. The U.S. Department of Housing and Urban Development has awarded Federal FY 2012
Housing Counseling Grant funding in the amount of $49,197 to the Community & Home Improvement Division.
2. The grant will supplement Community Development Block Grant funds allocated to deliver housing counseling services in accordance with Federal Comprehensive Housing Counseling
Program guidelines. 3. The award includes $29,197 for Comprehensive Housing Counseling and $20,000 for Reverse
Mortgage Counseling. 4. This is the seventeen (17th) year of grant.
5. The County performance period for the grant is from October 1, 2011 through September 30, 2012.
6. The award is $15,803 less than the application amount of $65,000 and $44,572 less than the FY 2011 award of $93,769.
7. No County match is required for this grant continuation. 8. Indirect costs are not paid for this grant due to administrative and planning limits.
9. The FY 2012 Special Revenue Fund Budget for the Housing Counseling Grant Fund is amended as follows:
Revenue FY 2012 29706-1090680-132210-610313 Grants-Federal ($44,572)
Total Revenue ($44,572)
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Expenditures 29706-1090680-132210-702010 Salaries-Reg ($27,331)
29706-1090680-132210-722740 Fringe Benefits ($17,241) Total Expenditures ($44,572)
FINANCE COMMITTEE
(The vote for this motion appears on page 383.)
*MISCELLANEOUS RESOLUTION #12142 BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF SUBLEASE WITH OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY FOR
BUILDING 32 EAST To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland (County) is the owner of the Oakland County Service Center Campus
located at 1200 North Telegraph Road, Pontiac, Michigan; and WHEREAS the Oakland County Community Mental Health Authority (OCCMHA) was established
pursuant to the provisions of Public Act No. 258 of the Public Acts of 1974, as amended by Public Act 290 of the Public Acts of 1995; and
WHEREAS the existing 48,735 square foot Medical Care Facility, Building 32 East, on the Oakland County Service Center Campus is currently vacant except for the Health Division lab and x-ray office; and
WHEREAS the Oakland County Board of Commissioners authorized under Misc. Resolution #12035 the Oakland County Building Authority (OCBA) to finance the renovating, remodeling, constructing,
furnishing, and equipping of Building 32 East via the issuance of bonds for the purpose of consolidating the OCCMHA’s access services into one location; and
WHEREAS a Sublease has been prepared and attached hereto as Appendix A between the County and OCCMHA where OCCMHA will sublease certain property from the County for twenty-five (25) years; and
WHEREAS County Administration supports the presence of the OCCMHA on campus; and WHEREAS Facilities Management will be actively involved in project management oversight of the
remodeling, constructing, furnishing, and equipping of Building 32 East; and WHEREAS the Construction Manager was competitively selected by the OCCHMA, and all subcontractors
will be competitively selected by the OCCHMA as well; and WHEREAS the County and the OCCMHA may renew or amend the Sublease upon its expiration only by
a new written agreement, upon such terms and conditions as negotiated at that time; and WHEREAS under the terms and conditions of the attached Sublease, the OCCMHA shall obtain and
maintain proper insurance coverages as decided by Risk Management for the duration of the Sublease; and
WHEREAS under the terms and conditions of the attached Sublease, all utilities and maintenance services for the building and grounds are to be at the sole cost and expense of the OCCMHA; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Sublease.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Sublease between the County and OCCMHA.
BE IT FURTHER RESOLVED that the blanks contained in the Sublease and its exhibits shall be completed by the Chairperson of the Board of Commissioners after the bonds are sold which includes inserting the
debt retirement schedule for the bonds. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Sublease and all other related documents between the County and the OCCMHA which may be required.
BE IT FURTHER RESOLVED that all resolutions and parts of resolutions that conflict with the foregoing resolution are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
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Copy of Sublease between the County of Oakland and the Oakland County Community Mental Health Authority, Exhibit A – Sketch of Description/Legal Descriptions, Exhibit B-1, Exhibit B-2, Exhibit C –
Redemption Provisions and Exhibit D – CMHA’S Arbitrage Certificate Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #12142)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF SUBLEASE
WITH OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY FOR BUILDING 32 EAST To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
1. The resolution authorizes the Sublease between the County of Oakland and the Oakland County Community Mental Health Authority relating to Oakland County Building 32 East for an amount
not to exceed $14,500,000. 2. The term of the Sublease is for up to twenty-five (25) years from the effective date of the
Sublease or ending the date the Bonds are retired, whichever occurs first. 3. The blanks contained in the Sublease and its exhibits shall be completed by the Chairperson of the
Board of Commissioners after the bonds are sold which includes inserting the debt retirement schedule for the bonds.
4. The Sublease specifies that the Oakland County Community Mental Health Authority is to pay the County of Oakland at least 15 days before each bond payment date an amount sufficient to pay
the principal and/or interest due. 5. The Oakland County Community Health Authority is to reimburse the County on a quarterly basis
for all costs associated with providing maintenance, repairs, services and utilities as stated in section 10 of the Sublease.
6. No budget amendment is required. FINANCE COMMITTEE
(The vote for this motion appears on page 383.) *REPORT MISC. #12118
BY: Human Resources Committee, John Scott, Chairperson IN RE: PROBATE COURT 2012 REORGANIZATION DELETING AND CREATING POSITIONS
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed MR #12118 on May 9, 2012 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources
Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #12118 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: PROBATE COURT 2012 REORGANIZATION DELETING AND CREATING POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Probate Court provides services to the public on legal cases involving Decedent Estates & Wills, Trusts, Guardianships/Conservatorships, and Mental Health; and WHEREAS reductions in Probate Court staff have caused the court to reexamine the workflow, assignments, and organization of staff usage; and WHEREAS Probate Court proposes a reorganization of court staff to allow for the utilization of the remaining positions to their maximum potential, providing flexibility and accountability, incorporating efficiencies and allowing for increased supervision for the purposes of quality control and training; and WHEREAS the proposed reorganization allows for the creation of an additional PTNE GF/GP 1,250/hours per year Student position; and WHEREAS the proposed reorganization is budget neutral; and WHEREAS the Probate Court determined that reorganizing staff resources would better serve the needs of the Court and the public. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed personnel actions for the Probate Court as follows:
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1. To delete four (4) GF/GP funded positions: Dept/Position Number Position Title Status 3040403-00291 Probate Specialist Full-time eligible 3040403-03440 Deputy Probate Register II Full-time eligible 3040403-00320 Deputy Probate Register II Full-time eligible 3040403-01200 Deputy Probate Register II Full-time eligible 2. To create five (5) GF/GP positions: Dept/Position Number Position Title Status 3040403 Office Supervisor I Full-time eligible 3040403 Office Leader Full-time eligible 3040403 Office Assistant II Full-time eligible 3040403 Office Assistant II Full-time eligible 3040403 Student Part-time non-eligible Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE FISCAL NOTE (MISC. #12118) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROBATE COURT 2012 REORGANIZATION DELETING AND CREATING POSITIONS To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds: 1. Probate Court is requesting reorganization of court staff in Estates and Mental Health which will
allow for the creation of one (1) General Fund/General Purpose, part-time, non-eligible 1,250/hours per year Student position effective May 19, 2012.
2. The proposed reorganization is cost neutral, and therefore, no budget amendment is recommended.
FINANCE COMMITTEE Vote on Consent Agenda:
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24) NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated that there were no items to report on the Regular Agenda for the Finance Committee. REPORT (MISC. #12034) BY: Planning and Building Committee, John Scott, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPROVAL TO WEBCAST BOARD OF COMMISSIONERS’ BOARD AND COMMITTEE MEETINGS AND CONTINUATION OF WEBCASTING AD HOC
COMMITTEE To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on May 8, 2012,
reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report. PLANNING AND BUILDING COMMITTEE
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MISCELLANEOUS RESOLUTION #12034 BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPROVAL OF CONTRACT TO WEBCAST BOARD OF COMMISSIONERS’ BOARD AND COMMITTEE MEETINGS AND CONTINUATION OF WEBCASTING
AD HOC COMMITTEE To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has expressed interest in broadcasting board
and committee meetings to support government transparency and accountability; and WHEREAS Miscellaneous Resolution #11005 established a Webcasting Ad Hoc Committee to study and
report back on the most effective method of broadcasting its meetings; and WHEREAS the Fiscal Year 2011-2013 budget has an appropriation for broadcasting meetings; and
WHEREAS the Webcasting Ad Hoc Committee worked with staff from Purchasing and Information Technology to issue an RFP and evaluate the submitted proposals in accordance with Oakland County
purchasing procedures; and WHEREAS Purchasing is recommending Sound Que Productions as the webcasting vendor; and
WHEREAS the Webcasting Ad Hoc Committee is concurring with the recommendation from Purchasing and is recommending that the Board of Commissioners enter into a one (1) year contract with Sound Que
Productions, with the scope of services outlined in the attached contract; and WHEREAS it is also recommended that the Board of Commissioners authorize the continuation of the
Webcasting Ad Hoc Committee for the purpose of reviewing the performance of the webcasting vendor and report back to the General Government Committee after six (6) months and prior to the end of the
one (1) year contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts
and authorizes a contract with Sound Que Productions for a period of one (1) year for the purpose of webcasting the meetings of the Board of Commissioners and its Committees, under the terms outlined in
the attached contract and scope of services. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes the
continuation of the Webcasting Ad Hoc Committee to review the performance and quality of services provided by the vendor, receive feedback from residents and report back to the General Government
Committee at least twice during the term of the one-year contract. BE IT FURTHER RESOLVED that the Oakland County Chairperson, or his designee, is authorized to
sign the contract with Sound Que Productions, and any related documents, on behalf of the Board of Commissioners to consummate this agreement.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #12034) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – APPROVAL TO WEBCAST BOARD OF COMMISSIONERS’ BOARD AND COMMITTEE MEETINGS AND CONTINUATION OF WEBCASTING AD HOC
COMMITTEE To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds: 1. This resolution accepts and approves a one (1) year contract with Sound Que Productions to
webcast the meetings of the Board of Commissioners and its Committees under the terms and scope of services negotiated by the Purchasing Division and approved by Corporation Counsel.
2. Total costs for the webcasting contract for one year is $50,660. 3. Sufficient funds are available in the Non-Departmental Legislative Expense account to cover the
cost for the Webcasting contract for FY 2012. Should the contract be expanded or continued beyond such time, the Board has agreed to fund the contract from within their budget.
4. No budget amendment is required. FINANCE COMMITTEE
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Moved by Long supported by McGillivray the resolution (with fiscal note attached) be adopted.
Moved by Long supported by McGillivray the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
REPORT (MISC. #12083) BY: General Government Committee – Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY ART INSTITUTE AUTHORITY To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on May 2, 2012,
hereby recommends that the resolution be adopted with the Articles of Incorporation of the Oakland County Art Institute Authority, Article III, amended as follows.
ARTICLE III – Board of Director 1. Appointments and Term of Office. The board of directors (“Board”) shall consist of five (5) voting
members. The County Executive (“CE”) for the County of Oakland shall appoint two (2) members, who shall serve four (4) year terms. The Commission Chair of the Oakland County Board of Commissioners shall appoint three (3) members, at least one of whom shall be nominated by the minority caucus, who shall serve (2) year terms. The Oakland County Treasurer shall serve
as an ex-officio, non-voting member of the Board and shall be appointed Treasurer of the Authority as provided in Article IV (4) below.
Chairperson, on behalf of the General Government Committee, I recommend acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #12083 BY: Commissioner Michael Gingell, District #3
IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY ART INSTITUTE AUTHORITY To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Detroit Institute of Arts Museum (DIA Museum), founded in 1885 as the Detroit Museum,
is one of the top six comprehensive fine arts museums in the United States; and WHEREAS the DIA Museum is home to a priceless and irreplaceable world-class art collection consisting
of approximately 60,000 art objects housed in a 657,650 square foot facility boasting 90 galleries with 152,400 square feet of exhibition space that at any one time display 5,500 pieces of art; and
WHEREAS a viable, fully functioning DIA Museum is important to the business, educational and cultural fabric of Southeast Michigan, is a notable resource in the recruitment of new businesses and executives
to the region and is an import business in its own right, attracting hundreds of thousands of visitors annually, employing hundreds of area residents and spending a substantial portion of its budget in the
local Michigan economy; and WHEREAS the DIA Museum provides educational programs for more than 45,000 students annually and,
in 2010 alone, hosted visits from 150 Oakland County Schools representing every district in Oakland County; and
WHEREAS as a public-private partnership initially funded by the City of Detroit and later by the State of Michigan, the DIA Museum’s city, state and private sector revenues were severely and adversely
impacted by Michigan’s decade-long recession, placing its future at risk; and WHEREAS recognizing the need to provide additional ways to raise revenues necessary to save the
cultural heritage embodied by the DIA Museum, the Michigan Legislature enacted 2010 PA 296, (Act 296), a law that provides for the establishment of an art institute authority by a county board of
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commissioners and authorizing said art institute authority to place before voters the question of whether the voters wish to provide revenue to an art institute services provider to be used exclusively for the
benefit of an art institute; and WHEREAS the DIA Museum is operated pursuant to the terms and conditions of an Operating
Agreement between the City of Detroit and the Detroit Institute of Arts, Inc., which is a Michigan not-for-profit corporation (the DIA) formerly known as the Founders Society Detroit Institute of Arts, dated
December 12, 1997; and WHEREAS the DIA, Inc. is an art institute services provider as defined in Section 3(c) of Act 296; and
WHEREAS to initiate the establishment of an art institute authority, articles of incorporation must be prepared by a majority of the members of the county board of commissioners establishing the authority,
which articles or amendments, after first being published not less than once in a newspaper generally circulated in the county, shall be adopted and may be amended by an affirmative vote of a majority of the
members of that board of commissioners; and WHEREAS once established, if first authorized by a majority of the electors in the county, an authority
may levy a tax of not more than 0.2 mill for a period set by the authority that shall not exceed 20 years on all the taxable property within the county for the purpose of providing revenue to an art institute services
provider that will be used exclusively for the benefit of the art institute with respect to which the art institute services provider renders service; and
WHEREAS an art institute authority may not obtain an interest in real property or participate in the governance of an art institute; and
WHEREAS an art institute authority must prepare budgets, obtain annual audits, report on the audits and auditing procedures in the manner required under the uniform budgeting and accounting act, 1968 PA 2,
and those audits must be in accordance with generally accepted governmental auditing standards as promulgated by the United States general accounting office and must satisfy federal regulations relating
to federal grant compliance audit requirements; and WHEREAS an art institute authority is governed by a board of directors composed of an odd number of
members not exceeding 15, said members being appointed in a manner established in the articles of incorporation adopted by the county board of commissioners; board members may not receive
compensation for services as a member of the board but are entitled to reimbursement for reasonable expenses incurred in the discharge of his or her board duties and the business of the authority must be
conducted in compliance with the open meetings act, 1976 PA 267, and its records must be available in compliance with the freedom of information act, 1976 PA 442; and
WHEREAS the Oakland County Board of Commissioners wishes to establish the Oakland County Art Institute Authority for the purpose of allowing the electors of Oakland County to decide whether they wish
to support the continued viability of the DIA by levying a tax not to exceed 0.2 mill for a period not to exceed 10 years; and
WHEREAS Act 296 mandates that if a majority of electors in a county approve a tax, the art institute services provider must contract with the art institute authority to offer or to exercise its best efforts to
cause the art institute to offer preferences or benefits for the residents of a county approving a tax that may include, but are not limited to: a) discounted admission fees; b) discounted membership fees; c)
discounts for school children and d) access to educational programs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby adopts
the attached Articles of Incorporation establishing the Oakland County Art Institute Authority. BE IT FURTHER RESOLVED that the Oakland County Clerk is hereby directed to endorse upon the
articles the fact of their adoption by the Oakland County Board of Commissioners and shall forthwith file a printed copy of the articles with the Secretary of State.
Chairperson, on behalf of the board of commissioners, we move the adoption of the foregoing resolution. MICHAEL GINGELL, ANGELA RIVER, BOB
HOFFMAN, BETH NUCCIO
Moved by Dwyer supported by Woodward the resolution be adopted.
Moved by Dwyer supported by Woodward the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Dwyer supported by Woodward the resolution be amended to coincide with recommendation in the General Government Committee Report
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A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Moved by Scott supported by Gosselin to amend the resolution with Article III DIA ARTICLES OF
INCORPORATION May 17, 2012 ARTICLE III – Board of Director as follows:
ARTICLE III – Board of Director 1. Appointments and Term of Office. The board of directors (“Board”) shall consist of five (5) voting
members. The County Executive (“CE”) for the County of Oakland shall appoint two (2) members, who shall serve four (4) year terms. The Chair of the Oakland County Board of Commissioners
shall appoint three (3) members, two of whom shall be nominated by the majority caucus and one of whom shall be nominated by the minority caucus, who shall serve (2) year terms.
The Oakland County Treasurer shall serve as an ex-officio, non-voting member of the Board and shall be appointed Treasurer of the Authority as provided in Article IV (4) below.
Discussion followed.
Vote on amendment:
AYES: Gosselin, Long, Nuccio, Runestad, Scott, Weipert, Bosnic. (7) NAYS: Dwyer, Gershenson, Gingell, Hoffman, Jackson, Matis, McGillivray, Middleton, Nash,
Potts, Quarles, River, Taub, Woodward, Zack, Covey, Crawford. (17)
A sufficient majority having not voted in favor, the amendment failed.
Vote on resolution, as amended: AYES: Gershenson, Gingell, Hoffman, Jackson, McGillivray, Nash, Potts, Quarles, River,
Weipert, Woodward, Zack, Covey, Crawford, Dwyer. (15) NAYS: Gosselin, Long, Matis, Middleton, Nuccio, Runestad, Scott, Taub, Bosnic. (9)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
Commissioner Scott stated that there were no items to report on the Regular Agenda for the Human
Resources Committee.
MISCELLANEOUS RESOLUTION #12143 BY: Planning and Building Committee, David Potts, Chairperson
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – ADDISON OAKS- PHILABAUM LEASE
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Addison Oaks County Park; and WHEREAS a 1600-square foot house, identified as 1480 W. Romeo Road, Leonard, MI 48367, is
located on the grounds of Addison Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house
located at 1480 W. Romeo Road, Leonard, MI 48367 to Ken Philabaum for a period commencing May 1, 2012, through December 31, 2017; and
WHEREAS under the terms and conditions of the attached Lease Agreement Ken Philabaum will pay rent as follows:
May 1, 2012 – December 31, 2012 $595.00 per month January 1, 2013 – December 31, 2013 $607.00 per month
January 1, 2014 – December 31, 2014 $619.00 per month January 1, 2015 – December 31, 2015 $631.00 per month
January 1, 2016 – December 31, 2016 $644.00 per month January 1, 2017 – December 31, 2017 $657.00 per month
each month and pay all utility costs; and
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WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accepts and
approves the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease Agreement between the County of Oakland and Ken Philabaum.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Ken Philabaum, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution. PLANNING AND BUILDING COMMITTEE
Copy of Residential Lease Agreement Incorporated by Reference. Original on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #12144
BY: Planning and Building Committee, David Potts, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO ESTABLISH OAKLAND
COUNTY FARMINGTON HILLS 2012 WATER SUPPLY SYSTEM AND AUTHORIZE OAKLAND COUNTY FARMINGTON HILLS 2012 WATER SUPPLY SYSTEM IMPROVEMENTS CONTRACT AND
OAKLAND COUNTY FARMINGTON HILLS WATER SUPPLY SYSTEM BONDS, SERIES 2012 BOND RESOLUTION
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the City of Farmington Hills (the "City") is in urgent need of water supply system improvements and facilities constituting a part of a system described in the form of the proposed contract
hereinafter mentioned to be known as the "Oakland County Farmington Hills 2012 Water Supply System" (hereinafter sometimes referred to as the "System"), in order to promote the health and welfare of the
residents thereof, which water supply improvements, facilities and system also would benefit the County and its residents, and the parties to said proposed contract have concluded that such improvements and
facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, Public Acts of Michigan, 1939, as amended ("Act 342"), and
especially Sections 5a, 5b and 5c thereof; and WHEREAS by the terms of Act 342, the County and the City are authorized to enter into a contract for the
acquisition, construction and financing of the water supply system improvements and facilities to serve the City and for the payment of the cost thereof by the City, with interest, and the County is then
authorized to issue its bonds in one or more series to provide the funds necessary therefor; and WHEREAS there has been submitted to this Board of Commissioners a proposed contract between the
County, by and through the County Water Resources Commissioner, County Agency, party of the first part, and the City, party of the second part (the "Contract"), which Contract provides for the acquisition,
construction and financing of the water supply system improvements and facilities constituting the System (the "Project") and which Contract is hereinafter set forth in full; and
WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the water supply
system improvements and facilities; and WHEREAS, this Board of Commissioners desires to establish the System and to proceed with the Project
and the approval and execution of the Contract to acquire, construct and finance the Project as provided in the Contract.
WHEREAS the Board of Commissioners also desires to proceed with the acquisition, construction and financing of the Project and the issuance of the first series bonds of the County in an aggregate principal
amount of not to exceed $6,800,000 to defray part of the cost of the Project.
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389
THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows:
1. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant
to Act 342, the establishment of the Oakland County Farmington Hills 2012 Water Supply System, which shall consist of (i) water supply system improvements and facilities, as specified
and to be located as shown in Exhibit A to the Contract and (ii) the services provided thereby; that the Project and the System shall serve the City; that the Oakland County Water Resources
Commissioner is hereby designated and appointed as the "County Agency" for the Project and the System; that the County Agency shall have all the powers and duties with respect to the
Project and the System as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project and the System, unless otherwise
authorized by this Board of Commissioners, shall be payable solely from funds derived from the City as hereinafter provided.
2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The
preliminary plans and specifications for the Project as contained in Exhibits A and B to the Contract and the estimates of $16,900,000 as the cost thereof and of 30 years and upwards as
the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted.
3. APPROVAL OF CONTRACT. The Oakland County Farmington Hills 2012 Water Supply System
Improvements Contract between the County, by and through the County Water Resources Commissioner, party of the first part, and the City, party of the second part, which Contract has
been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Water Resources Commissioner is hereby authorized and directed to execute and deliver
the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The Contract is attached to this Resolution hereto as “EXHIBIT “1”.
4. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the principal sum
of not to exceed Six Million Eight Hundred Thousand Dollars ($6,800,000) shall be issued and sold pursuant to the provisions of Act 342, and other applicable statutory provisions, for the
purpose of defraying all or part of the cost of the Project.
5. BOND DETAILS. The bonds shall be designated "Oakland County Farmington Hills Water Supply System Bonds, Series 2012," 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 bonds shall not be more than 30 years after the date that such series of bonds is delivered to
the initial purchasers thereof.
6. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and
surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the
close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by 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 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
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390
interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued,
the County may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the bond
registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this
Resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the County and the bond registrar and paying agent and discharging
its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the
County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the bond registrar
and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Resolution. In the event bond certificates are issued, the provisions of this
Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests
the County and the bond registrar and paying agent to do so, the County and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to
make available one or more separate certificates evidencing the bonds to any Participant having bonds certified to its DTC account or to arrange for another securities depository to maintain
custody of certificates evidencing the bonds. Notwithstanding any other provision of this Resolution to the contrary, so long as any bond is registered in the name of Cede & Co., as
nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such bonds and all notices with respect to the bonds shall be made and
given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations relating to the bonds. The County Treasurer and the County Agency are each authorized to sign the
Blanket Issuer Letter of Representations on behalf of the County, in such form as such officer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance
with law and this Resolution.
8. PRIOR REDEMPTION. The bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency.
9. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may
enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity
under the laws of the United States of America or the State of Michigan. The County Treasurer from time to time as required may designate a similarly qualified successor bond registrar and
paying agent.
10. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the County by the facsimile signatures of the Chairperson of the Board of
Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile
thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County
Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and
upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with
the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication.
11. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond
registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the
option of the registered owner thereof, may be exchanged for bonds of any other authorized
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391
denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which shall be kept
for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying
agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on
behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same
aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates
and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the
following: "Payment of interest on this bond is in default. The last date to which interest has been paid is [appropriate date to be inserted]."
The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute
owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other
purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of section 6 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.
12. FORM OF BONDS. The bonds shall be in substantially the following form, with such additions, deletions and modifications as are approved by the County Agency and consistent with the terms
of this Resolution:
[FORM OF BOND]
UNITED STATES OF AMERICA
STATE OF MICHIGAN COUNTY OF OAKLAND
OAKLAND COUNTY FARMINGTON HILLS WATER SUPPLY SYSTEM BOND, SERIES 2012
INTEREST RATE
MATURITY DATE
DATE OF ORIGINAL ISSUE
CUSIP
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392
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, 201_. 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. 342, Public
Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing
water supply facilities to improve, enlarge and extend the Oakland County Farmington Hills 2012 Water Supply System to serve the County and the City of Farmington Hills (the "City"). The bonds of this series
are issued in anticipation of payments to be made by the City, in the aggregate principal amount of ___________________________ Dollars ($________), pursuant to a contract between the County and
the City. The full faith and credit of the City have been pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit
of the County have been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the City and the County to pay the principal of and interest on the bonds of
this series are subject to constitutional, statutory and charter tax limitations.
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:
Principal Amount of
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393
Redemption Date 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 and a premium as follows:
__% of the par value of each bond called for redemption on or after ________ 1,
20__, but prior to ________ 1, 20__;
__% of the par value of each bond called for redemption on or after ________ 1,
20__, but prior to ________ 1, 20__;
No premium if called for redemption on or after ________ 1, 20__.
Not less than thirty days' nor more than sixty 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 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.
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394
COUNTY OF OAKLAND
By: Chairperson, Board of Commissioners
[SEAL]
And:
County Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within mentioned Resolution.
Bond Registrar and Paying Agent
By:
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________
(please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints
______________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated: ____________________ __________________________________________ Signature Guaranteed: __________________________________________
Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program.
[END OF BOND FORM]
13. SECURITY. The bonds shall be issued in anticipation of payments to be made by the City pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit pledge
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395
made by the City in the Contract pursuant to the authorization contained in Act 342. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment
of the principal of and interest on the bonds as the same shall become due. If the City shall fail to make a payment to the County which is sufficient to pay the principal of, premium, if any, and
interest on the bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. Taxes imposed by the County
shall be subject to constitutional and statutory limitations.
14. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof,
the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of,
premium, if any, and interest on the bonds, or any portion thereof, shall have been deposited in trust, this Resolution shall be defeased with respect to such bonds, and the owners of the bonds
shall have no further rights under this Resolution except to receive payment of the principal of, premium, if any, and interest on such bonds from the cash or securities deposited in trust and the
interest and gains thereon and to transfer and exchange bonds as provided herein.
15. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account, provided, however, that such
Principal and Interest Fund may be pooled or combined for deposit or investment purposes with other debt retirement funds created for nonvoted debt of the County (other than any special
assessment debt). From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium as determined by order of the County Agency and any
accrued interest received from the purchaser of the bonds at the time of delivery of the same. All payments received from the City pursuant to the Contract 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.
16. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set
aside in a construction fund for the Project and used to defray the cost of the Project in accordance with the provisions of the Contract.
17. 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.
18. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency
is hereby authorized to determine the principal amount of the bonds to be sold and to determine the other bond details as described in section 5 hereof and the terms and conditions for prior
redemption as described in section 8 hereof. In addition, in order to save the cost of publication of an official notice of sale, the County Agency is hereby authorized to sell the bonds at a
negotiated sale after solicitation of proposals from prospective purchasers by Municipal Financial Consultants Incorporated, which is hereby appointed as the County's financial consultant for the
bonds. The bonds shall be sold at a price that is not less than 98.5% of their par value, as determined by the County Agency. The County's financial consultant is authorized to solicit
proposals from at least twenty-five prospective purchasers and to circulate a request for proposal at least seven days prior to the date fixed for receipt of proposals for the purchase of the bonds.
The request for proposal shall be in the form approved by the County Agency. The financial consultant is hereby designated to act for and on behalf of the County Agency to receive
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396
proposals for the purchase of the Bonds and to take all other steps necessary in connection with the sale and delivery thereof. The County Agency is hereby authorized to determine the low
proposer on the Bonds and to award the Bonds to such low proposer. The County Agency is hereby authorized to do all other things necessary to effectuate the sale, issuance, delivery,
transfer and exchange of the Bonds in accordance with the provisions of this Resolution.
19. 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 19 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.
20. OFFICIAL STATEMENT. The County Agency and the County Treasurer are each authorized to cause the preparation of an official statement for the bonds for the purpose of enabling
compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the
award of the bonds, the County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the
successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board.
21. CONTINUING DISCLOSURE. The County Treasurer is authorized to execute a certificate of the
County, constituting an undertaking to provide ongoing disclosure about the County for the benefit of the holders of the bonds as required under paragraph (b)(5) of the Rule, and
amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing
Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate.
22. 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.
23. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Exhibit 1 – Oakland County Farmington Hills 2012 Water Supply System Improvements Contract, Exhibit A – Oakland County Farmington Hills 2012 Water Supply System Improvements Map/Estimate of
Probable Cost Incorporated by Reference. Original on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Commissioners Minutes Continued. May 17, 2012
397
MISCELLANEOUS RESOLUTION #12145 BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – COURTHOUSE OFFICE SPACE LICENSING FOR TITLE COMPANIES AND NEWSPAPERS
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS there are currently six title companies and two newspaper companies occupying office space in the County Courthouse (see Exhibit A); and
WHEREAS there is currently no formal arrangement/agreement for use of the office space between the County and these companies; and
WHEREAS it is the County’s intent to have formal arrangements/agreements in place with all entities occupying space in a County building or on County property; and
WHEREAS formal arrangements/agreements will manage expectations between the parties, protect the County’s interests, limit its liability, and enforce its security standards; and
WHEREAS the attached license agreements have been customized for each company; and WHEREAS the title companies shall be charged the standard annual Courthouse square footage rate for
the net square footage of their respective office spaces; and WHEREAS the newspaper companies shall be charged $1 per year for their respective office spaces,
given that being located in the Courthouse assists them in providing a valuable public service; and WHEREAS appropriate insurance requirements have been determined by Risk Management (see Exhibit
B); and WHEREAS the term of each license shall be one year and shall be automatically renewed; and
WHEREAS the license can be unconditionally terminated by either party; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached license agreements. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached license agreements between the County of Oakland and the following companies: First American Title, ASK Services, Metro Equity, J&L Research Company, Seaver
Title Agency, Detroit News, and Detroit Free Press. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his or her designee to execute the attached license agreements and all other related documents, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of License Agreement, Exhibit A – 025 – Courthouse Complex Partial Basement Floor Plan and Exhibit B – Insurance Requirements Incorporated by Reference. Original on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
REPORT (MISC. #12080)
BY: Planning and Building Committee, John Scott, Chairperson IN RE: BOARD OF COMMISSIONERS – STATIONARY OUTDOOR SITES FOR MOBILE FOOD
VENDORS ON COUNTY CAMPUS To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on May 8, 2012,
reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing
report. PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #12080
BY: Commissioner Dave Woodward, District #18 IN RE: BOARD OF COMMISSIONERS – STATIONARY OUTDOOR SITES FOR MOBILE FOOD
VENDORS ON COUNTY CAMPUS To the Oakland County Board of Commissioners
Commissioners Minutes Continued. May 17, 2012
398
Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has a long-time policy of using a formal, competitive procurement process in
which all vendors are evaluated with equal consideration. Once a need has been identified, the Purchasing Division solicits the appropriate members of the vendor community for pricing and purchase
information; and WHEREAS there is interest in providing employees and visitors to the Oakland County complex with a
wide variety of food options; and WHEREAS mobile food establishment(s) located on the Oakland County Complex in the Cities of Pontiac
and Waterford would expand and enhance the options and convenience of food selections at stationary site(s); and
WHEREAS the Michigan Food Law of 2000, as amended, defines a “mobile food establishment” as a food establishment operating from a vehicle, cart, tent, trailer or watercraft that returns to licensed
commissary for servicing and maintenance at least once every 24 hours; and WHEREAS a mobile food cart is a limited food service operation that serves a limited menu, usually
hotdogs, from a small open air push car. Base on their limited facilities, mobile food carts are limited to foods or beverages requiring minimal handling on site and must return to an approved commissary at
least once every 24 hours, such as a licensed food services establishment; and WHEREAS current Michigan Law provides that a mobile food cart establishment may be requested to
submit a plan review packet, including a plan review application, fee, menu, standard operating procedures, drawing/layout of cart, and equipment specification sheet; and
WHEREAS a mobile food cart must have the equipment and resources available to ensure food safety. Typically, this required items such as a hand wipes, gloves, a sanitizer spray bottle and paper towels, a
metal stem thermometer, methods of hot and cold holding of foods, and a method of covering and protecting food from customers and the elements. Additionally, a mobile food cart must have the name
and address of the business operating the mobile cart on each side of the cart in letters not less than 3 inches high. Mobile carts are typically inspected once every six months by a Sanitarian; and
WHEREAS each application for a license shall pay to the local health department having jurisdiction the required sanitation service fees and an additional site license fee (at the time an application is submitted);
and WHEREAS the Oakland County Board of Commissioners is desirous of working with the Oakland County
Executive administration to establish the appropriate policies, process, procedures, and appropriate permits and fees for establishing stationary sites on the Oakland County campus for mobile food carts
and the solicitation of potential vendors through the purchasing process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby
respectfully requests the Oakland County Executive’s administration to submit a proposal for establishing stationary outdoor sites on the Oakland County campus for mobile food carts.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests that the Oakland County Executive’s administration submit the policy, procedures and permit fees to the
General Government and Finance Committees for review and recommendation to the full board within thirty (30) days of the adoption of this resolution.
BE IT FURTHER RESOLVED should no proposal be submitted by the Oakland County Executive’s administration with thirty (30) days of the adoption of this resolution, the Oakland County Board of
Commissioners will develop and consider a policy no later than May 31st, 2012. BE IT FURTHER RESOLVED that upon the adoption of the policy, the Oakland County Board of
Commissioners respectfully directs the Board of Commissioner’s Director of Administration to draft the Request for Proposals and through the Oakland County Purchasing Process solicit bids for mobile food
cart vendors that will be permitted to operate on identified outdoor sites on the Oakland County campus. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Executive and Oakland County’s Department Directors of Health and Human Services, Corporation Counsel, Risk Management and Purchasing, and Management
& Budget. Chairperson, we move the adoption of the foregoing resolution.
DAVE WOODWARD, JIM NASH, MARCIA GERSHENSON, JANET JACKSON, CRAIG
COVEY, NANCY QUARLES
Commissioners Minutes Continued. May 17, 2012
399
Moved by Woodward supported by McGillivray the resolution be adopted.
Moved by Woodward supported by McGillivray the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution: AYES: Gingell, Gosselin, Hoffman, Jackson, McGillivray, Middleton, Nash, Nuccio, Potts,
Woodward, Zack, Covey, Gershenson. (13) NAYS: Long, Matis, River, Runestad, Scott, Taub, Weipert, Bosnic, Crawford, Dwyer. (10)
A sufficient majority having voted in favor, the resolution was adopted. REPORT (MISC. #12081) BY: Planning and Building Committee, John Scott, Chairperson
IN RE: BOARD OF COMMISSIONERS – A RESOLUTION TO REQUEST COUNTY EXECUTIVE TO APPOINT YOUNG MEMBER TO OAKLAND COUNTY WORKFORCE DEVELOPMENT BOARD
(OCWDB) AND FOR THE OCWDB TO DEVELOP NEW STRATEGY TO REDUCE UNEMPLOYMENT FOR YOUNG WORKERS IN OAKLAND COUNTY
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having viewed the above-titled resolution on May 8, 2012, reports with a recommendation that the resolution be amended by striking out the word “requests” in the NOW
THEREFORE BE IT RESOLVED paragraph and inserting the word “encourages” and by striking the first BE IT FURHTER RESOLVED paragraph.
Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #12081 BY: Commissioner Dave Woodward, District #18; Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS – A RESOLUTION TO REQUEST COUNTY EXECUTIVE TO APPOINT YOUNG MEMBER TO OAKLAND COUNTY WORKFORCE DEVELOPMENT BOARD
(OCWDB) AND FOR THE OCWDB TO DEVELOP NEW STRATEGY TO REDUCE UNEMPLOYMENT FOR YOUNG WORKERS IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS last fall, the Associated Press reported when new 2010 census data released illustrated the wrenching impact of a recession that officially ended in mid-2009, It highlighted the missed opportunities
and dim prospects for a generation of mostly 20-somethings and 30-somethings coming of age in a prolonged slump with high unemployment; and WHEREAS youth employment in America is at a 60-year low; and WHEREAS student-loan debt is approaching $1 trillion (and default rates are rising); and
WHEREAS there are more than 260,000 people between the ages of 20 and 40 that reside in Oakland County; and
WHEREAS addressing the dire unemployment rate among young workers is essential to fixing our
economy for the long-term in Oakland County and Michigan; and WHEREAS the perspective of young workers is essential to developing a comprehensive countywide strategy to reduce unemployment among workers, especially those under the age of 35; and
WHEREAS a recent study by Young Entrepreneur Council reported that among young people surveyed:
• 73% of respondents were not offered any classes on entrepreneurship in college
• 89% believe that entrepreneur education is important given the new economy and job market
• 69% of respondents would like to work for an entrepreneur
• 36% of respondents have started a “side business” of some sort to help them financially; and WHEREAS Oakland County recognizes these new gaps and challenges in helping young workers find
work in today’s economy; and WHEREAS the Oakland County Workforce Development Board provides strategic direction to the
programs and activities undertaken to help reduce unemployment in Oakland County; and
Commissioners Minutes Continued. May 17, 2012
400
WHEREAS the Oakland County Workforce Development Board helps administer the Workforce Investment Act (WIA)which establishes programs to prepare adults, youth, dislocated workers, displaced
homemakers and the economically disadvantaged for participation in the labor force; and WHEREAS the Oakland County Workforce Development Board can and should develop a model strategy
for addressing the challenges uniquely faced by young workers with the input of those workers directly affected.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests that that Oakland County Executive L. Brooks Patterson appoint a new member to the Oakland
County Workforce Development Board who is under the age of 35. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the
Oakland County Workforce Development Board develop a strategy to help lower unemployment among Oakland County’s young workers.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this adopted resolution to Oakland County Executive L. Brooks Patterson, all members of the
Oakland County Workforce Development Board, Oakland County Workforce Development Manager John Almstadt, and all Oakland County media.
Chairperson, we move the adoption of the foregoing resolution. DAVE WOODWARD, NANCY QUARLES,
JANET JACKSON, JIM NASH, MARCIA GERSHENSON, CRAIG COVEY
Moved by Woodward supported by Crawford the resolution be adopted.
Moved by Woodward supported by Crawford the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Woodward supported By Crawford the resolution be amended to coincide with the
recommendation in the Planning and Building Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended: AYES: Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts,
River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Dwyer, Gershenson, Gingell. (22)
NAYS: Crawford. (1)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
MISCELLANEOUS RESOLUTION #12146 BY: Commissioners Christine Long, District #7; Bob Hoffman, District #2; Jim Runestad, District #6
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF MILFORD – COOLEY LAKE ROAD -
PROJECT NO. 51142 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after
completion of all of the following:
Commissioners Minutes Continued. May 17, 2012
401
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s1/3 share of the project from the General Fund
Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the Charter Township of Milford, along with the RCOC has identified a project and said
project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the
Charter Township of Milford and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Milford has demonstrated that it has authorized its one-third (1/3)
share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-
Party Road Improvement funding for the Charter Township of Milford is $6,667. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the Charter Township of Milford and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED 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 Charter
Township of Milford. Chairperson, we move the adoption of the foregoing Resolution.
CHRISTINE LONG, BOB HOFFMAN, JIM RUNESTAD
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement and Exhibit A Incorporated by Reference.
Original on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #12147 BY: Commissioners Christine Long, District #37; Bob Hoffman, District #32; Jim Runestad, District #6
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF COMMERCE – COOLEY LAKE ROAD -
PROJECT NO. 51142 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road
Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after
completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have
identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said
appropriation to a project account; and
Commissioners Minutes Continued. May 17, 2012
402
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s
5. 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds
are released from the Tri-Party Program designation account; and WHEREAS the Charter Township of Commerce, along with the RCOC has identified a project and said
project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the
Charter Township of Commerce and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Commerce has demonstrated that it has authorized its one-third
(1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-
Party Road Improvement funding for the Charter Township of Commerce is $42,861. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the Charter Township of Commerce and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED 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 Charter
Township of Commerce. Chairperson, we move the adoption of the foregoing Resolution.
CHRISTINE LONG, BOB HOFFMAN, JIM RUNESTAD
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement and Exhibit A Incorporated by Reference.
Original on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #12148 BY: Commissioner Jeff Matis, District #12
IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 52 – SPEED LIMITS ON UNPAVED ROADS
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 85 of 2006 amended the Michigan Vehicle Code concerning methods for establishing speed limits on public highways, based in part, on the number of access points within a ½
mile segment; and WHEREAS as a result of PA 85 some dirt and gravel roads in Oakland County that were posted with
lower speed limits had their speed limits increased to the 55 mph prima facie speed limit; and WHEREAS many Oakland County residents and municipalities have expressed concern that the
considerably higher speed limits on those unpaved roads create unsafe and dangerous conditions for all motor vehicles, bicyclists, and pedestrians, particularly where roads lack shoulders or sidewalks; and
WHEREAS SB 52 would amend the Michigan Vehicle Code to reinstate speed limits for unpaved roads that were lawfully posted before the effective date of PA 85 of 2006, unless the city, village or township
where the road is located requests its county road commission to increase the speed limit and the road commission agrees; and
WHEREAS the Oakland County Board of Commissioners believes enacting SB 52 will promote the public health, safety and welfare of Oakland County residents and the travelling public.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the passage of SB 52 and urges the State Legislature and the Governor to enact it.
BE IT FURTHER RESOLVED that the County Clerk shall send copies of this resolution to all Oakland County Representatives and Senators, Governor Snyder, the Road Commission for Oakland County and
the Michigan Association of Counties (MAC). Chairperson, I move the foregoing resolution.
Commissioners Minutes Continued. May 17, 2012
403
JEFF MATIS, SHELLEY TAUB, BETH NUCCIO, BILL DWYER, JOHN SCOTT, BOB HOFFMAN,
DAVID POTTS, BOB GOSSELIN, TOM MIDDLETON, ANGELA RIVER
The Chairperson referred the resolution to the General Government Committee. There were no
objections. MISCELLANEOUS RESOLUTION #11228
BY: Commissioner Craig Covey, District #25 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR FRAC ACT, H.R. 1084/S. 587 AND
BREATHE ACT, H.R. 1204 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the hydraulic fracturing (fracking) for natural gas involves the use of chemicals and hazardous
materials during construction, drilling, hydraulic fracturing, gas production and delivery, well maintenance, and work over operations; and
WHEREAS hydraulic fracturing of underground geologic formation is often accomplished by injecting a complex mix of fluids and chemicals, including large volumes of water, on average 4.5 million gallons per
well, under very high pressure to create fractures in gas bearing geologic formations; and WHEREAS many of the chemical constituents injected during hydraulic fracturing have documented
adverse health effects and/or adverse environmental impacts; and WHEREAS there have been more than a 1,000 documented cases of water contamination near fracking
sites; some people who live near these sites can now light their drinking water on fire; and WHEREAS wastewater from fracking can contain radioactive elements and has been discharged into
rivers that supply drinking water for millions, according to the New York Times; and WHEREAS use of these hydraulic fracturing mixes exposed adjacent land and surface waters to the risk
of contamination through open pit storage, truck transport on roadways, and activities during well development; and
WHEREAS the pollution of water caused by fracking threatens the long term economic well-being of communities, as businesses and consumers depend on clean drinking water; and WHEREAS in 2005, as part of the federal Energy Policy Act and over objections of health care, scientific, environmental, and conservation communities, regulation of hydraulic fracturing fluids under the Safe
Drinking Water Act by the Environmental Protection Agency was exempted, thereby allowing oil and gas companies to use these substances without federal oversight or standards; and
WHEREAS the oil and gas industry is not required by federal law to publicly disclose chemical formulas of
hydraulic fracturing fluids so that this information is publicly available for health and safety purposes; and WHEREAS Former President George W. Bush’s EPA point person on water now admits fracking should never have been exempted from regulation; and
WHEREAS the Fracturing Responsibility and Awareness of Chemicals Act (FRAC Act), which is currently pending in Congress, would repeal the fracking exemption to the Safe Drinking Water Act and require disclosure of chemicals used in fracking; and WHEREAS the Bringing Reductions to Energy’s Airborne Toxic Health Effects Act (BREATHE Act), which
is currently pending in Congress, would repeal the exception to the Clean Air Act for aggregation of emissions from oil and gas development sources; and
WHEREAS the wise stewardship of our natural resources involves protection of Oakland County’s water
supplies and water resources for generations to come; and WHEREAS protection of Oakland County’s water supplies and resources is better accomplished by prevention of contamination and environmental degradation, rather than attempting cleaning up
contamination and restoring degraded environments after the fact; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports a statewide moratorium on the issuance of new permits for the extraction of natural gas using hydraulic
fracturing until adequate environmental studies are completed regarding the potential risks of hydraulic fracturing to our natural resources including local water supplies within the State of Michigan and until regulations and safeguards are in place to fully protect our state’s water supply and environment from
such operations.
BE IT FURTHER RESOLVED that a copy of this resolution with cover letter be sent to our county’s state representatives and state senators in Lansing, the Governor, and to our national members of Congress.
Commissioners Minutes Continued. May 17, 2012
404
Chairperson, we move the adoption of the foregoing resolution. CRAIG COVEY, JIM NASH, MATTIE
HATCHETT, JANET JACKSON, DAVE WOODWARD, MARCIA GERSHENSON
Moved by Covey supported by Nash to discharge the resolution from the General Government
Committee.
Discussion followed.
Chairperson Michael Gingell declared a brief recess.
The Board was reconvened.
Discussion followed.
AYES: Jackson, McGillivray, Nash, Woodward, Zack, Covey, Dwyer, Gershenson. (8) NAYS: Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Scott, Taub, Weipert, Bosnic,
Crawford, Gingell, Gosselin. (14)
A sufficient majority having not voted in favor, the discharge failed. MISCELLANEOUS RESOLUTION #12149
BY: Commissioner Shelley Goodman Taub, District #16 IN RE: BOARD OF COMMISSIONERS BALLOT INITIATIVE FOR THE DETROIT/WINDSOR BRIDGE
To the Oakland County Board of Commissioners WHEREAS The state of Michigan benefits from multiple International crossing alternatives including the
Ambassador Bridge, the Detroit-Windsor Tunnel, the Blue Water Bridge, railroad tunnels in Detroit and Port Huron, and a truck ferry in Detroit, and
WHEREAS For the past 83 years the owners and operators of the Ambassador Bridge, the Detroit International Bridge Company ( DIBC ), have invested hundreds of millions of private funds in the state of Michigan and have created thousands of Michigan jobs, and WHEREAS The DIBC has invested nearly $ 1 billion in recent years to enhance border facilities and to
build a second span to the Ambassador Bridge to complement its current crossing and maximize the utility of the existing roadways and new highway connections created under the multi-million dollar
Gateway Project, and
WHEREAS The taxpayers of Michigan spent $ 230 million rebuilding public infrastructure within the Gateway Project with the premise that there would be a second span of the Ambassador Bridge, paid for with private funds, and
WHEREAS Despite the DIBC,s desire to move forward with the private expansion of the second span of the bridge that would infuse millions of dollars into the our economy generating thousands of much needed jobs, the DIBC has been thwarted by governmental “ Red-Tape “, and WHEREAS The Michigan Department of Transportation ( MDOT ) has spent nearly $ 40 million since
2002 on studies preparing their plan to build a government bridge paid for with tax dollars , and WHEREAS When spending taxpayers’ dollars on a government sponsored bridge, constitutionally
mandated services such as Public Health, Public Safety, Roads and Education, lose sufficient funding,
and WHEREAS MDOT continues to spend scarce state resources in its continued effort to build the New International Bridge Crossing (NITC) formerly known as the Detroit River International Crossing, (DRIC )
despite actual traffic crossings in the Detroit-Windsor corridor have dropped 50% since 1999, and WHEREAS The NITC, the government bridge, will require the taking of private property to include, but not limited to 257 privately owned homes, 43 businesses and 7 churches and non-profit organizations which
will devastate the hometown community of Delray in Detroit, and WHEREAS No study has demonstrated that a government sponsored crossing could pay for itself without significant taxpayer subsidy or significant toll increases, and
WHEREAS In addition to the taking of private property and the burden on the taxpayers to subsidize the
government bridge, there are concerns about the legal and/or Constitutional issue of the $ 550 million loan to the state of Michigan by the Canadian Parliament, and
Commissioners Minutes Continued. May 17, 2012
405
WHEREAS The Constitution of the United States of America and the American federal system specifically and expressly reserves the responsibility to negotiate and enter into a loan agreement with another
sovereign nation to the United State of America, and WHEREAS In 1927 the Ambassador Bridge was required to receive a positive vote of the people of both
Detroit, Michigan and Sandwich, Ontario, Canada before proceeding with the construction of the bridge, and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby support the taxpayers of Michigan, the homeowners, landowners, businesses, the churches and urges
the Michigan legislature to reject any proposal not supported by a majority of the citizens of the state of Michigan to build a government bridge, and
BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners does hereby support the opportunity for the people of Michigan to decide whether taxpayer dollars should be spent on a bridge
when private funding for a bridge is available; and BE IT FURTHER RESOLVED that copies of this resolution be sent to the Governor, the Lieutenant
Governor, the Michigan House of Representatives, the Michigan Senate and the members of the Michigan Congressional Delegation.
SHELLEY TAUB, MIKE BOSNIC, DAVID POTTS, BILL DWYER, MICHAEL GINGELL,
BOB GOSSELIN, TOM MIDDLETON, JEFF MATIS, ANGELA RIVER, CHRISTINE LONG,
JIM RUNESTAD, PHILIP WEIPERT, BETH NUCCIO, KATHY CRAWFORD, JOHN SCOTT,
BOB HOFFMAN
The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #12150 BY: Commissioner Michael Gingell, District #3
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF ORION – INDIAN LAKE ROAD -
PROJECT NO. 51392 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party
Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the
construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement
Program – Funding and Project Approval Process; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after
completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have
identified a project and the project is ready to be undertaken immediately; and
2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract
for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s
5. 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program designation account; and
WHEREAS the Charter Township of Orion, along with the RCOC has identified a project and said project
is ready to be undertaken immediately; and
Commissioners Minutes Continued. May 17, 2012
406
WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Orion and said appropriation has been transferred to a project account; and
WHEREAS the Charter Township of Orion has demonstrated that it has authorized its one-third (1/3) share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the Charter Township of Orion is $35,621.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Orion and authorizes the release of Tri-Party
Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 Charter Township of Orion.
Chairperson, I move the adoption of the foregoing Resolution. MICHAEL GINGELL
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement and Exhibit A Incorporated by Reference.
Original on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12151
BY: Commissioner Michael Gingell, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2012 APPROPRIATION – CHARTER TOWNSHIP OF OAKLAND – GRAVEL ROAD PROGRAM - PROJECT NO. 51311
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and
WHEREAS Miscellaneous Resolution #09221 established the revised Tri-Party Road Improvement Program – Funding and Project Approval Process; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045,
provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution
authorizing the appropriation of the County’s1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the Charter Township of Oakland, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its one-third (1/3) share of the funding for the project in the Charter Township of Oakland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Oakland has demonstrated that it has authorized its one-third (1/3)
share of the funding for the project and has executed a contract for payment with the RCOC; and
WHEREAS Oakland County’s one-third (1/3) share of the Fiscal Year 2012 authorized amount of Tri-Party Road Improvement funding for the Charter Township of Oakland is $20,985.
Commissioners Minutes Continued. May 17, 2012
407
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Oakland and authorizes the release of Tri-
Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 Charter Township of Oakland.
Chairperson, I move the adoption of the foregoing Resolution. MICHAEL GINGELL
Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland
County Road Commission, Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement and Exhibit A Incorporated by Reference.
Original on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #12152
BY: Commissioner Michael Gingell, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY PROGRAM FOR ROAD IMPROVEMENTS
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS since the 1970’s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the
construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and
WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program
shall be distributed only from the designated General Fund Tri-Party Program fund balance after completion of all of the following:
1. The Road Commission for Oakland County (RCOC) and a city, village or township have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated it’s 1/3 share of the funding for the project and transferred said appropriation to a project account; and
3. The CVT has authorized its 1/3 of the funding for the project and has executed a contract for payment with the RCOC; and
4. The Commissioner(s) representing the CVT requesting the project submits a resolution
authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for the Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board before any funds are released from the Tri-Party Program
designation account; and WHEREAS the distribution formula and method of calculation of Tri-Party allocations have remained the same for CVT’s and have been used for years in an attempt to equitably distribute the Tri-Party dollars; and
WHEREAS although the method of calculation and factors involved have remained the same, the data on which those calculations are based has changed as a result of the recent population data from the 2010
Census; and
WHEREAS at the beginning of 2011 there were approximately $11 million in total un-committed Tri-Party Program funds for participating municipalities. WHEREAS due to a lack of identified road projects, the RCOC sent a letter to all participating
municipalities in February of 2012 requesting that they identify applicable road projects for their un-committed funds or that their un-committed funds would be reclaimed by RCOC and the County and offered to other communities in a one-time activity to utilize all available Tri-Party funds resulting in the
permanent loss of the un-committed funds for the applicable communities. WHEREAS since the intent of the Tri-Party Program is to improve the safety and condition of county roads, the County of Oakland and the RCOC are investigating ways to utilize unclaimed funds in order to
best serve the County as a whole; and
Commissioners Minutes Continued. May 17, 2012
408
WHEREAS if an Oakland County CVT is interested in using amounts from the unclaimed Tri-Party fund designation, they should submit a request, identifying the project and the amount of additional funds
needed. These requests will be evaluated on the following criteria: 1. Can the project be completed in 2012 or 2013. Projects that can be completed in 2012 will be
given priority over projects that are submitted for 2013. 2. Is the required 1/3 share currently budgeted.
3. Does the project improve the surface condition of a county road. 4. Does it improve the safety of the road network.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the release of un-committed funds in the Tri-Party Road Improvement Program for CVT’s that
have submitted a request and identified projects for additional funds, as described above and; BE IT FURTHER RESOLVED that the same formula used for distribution of funds from the Tri-Party Road
Improvement Program would be used for distribution of the un-committed funds to the CVT’s who have made requests for same; and
BE IT FURTHER RESOLVED 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 CVT’s
in Oakland County. Chairperson, I move the adoption of the foregoing Resolution.
MICHAEL GINGELL, SHELLEY TAUB, GARY MCGILLIVRAY, JEFF MATIS, CRAIG COVEY,
ANGELA RIVER, TOM MIDDLETON, DAVID POTTS, PHILIP WEIPERT, BOB HOFFMAN,
JOHN SCOTT, BILL DWYER, BETH NUCCIO, JANET JACKSON, NANCY QUARLES
The Chairperson referred the resolution to the Finance Committee. There were no objections.
The Board adjourned at 11:57 a.m. to the call of the Chair or June 7, 2012, at 9:30 a.m.
BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson