HomeMy WebLinkAboutMinutes - 2014.06.11 - 7937 OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
June 11, 2014
Meeting called to order by Chairperson Michael Gingell at 7:16 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack. (19) EXCUSED ABSENCE WITH NOTICE: Bosnic, Quarles. (2)
Quorum present.
Invocation given by Phil Weipert
Pledge of Allegiance to the Flag.
Moved by Dwyer supported by McGillivray the minutes of the May 15, 2014 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: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack. (19) NAYS: None. (0)
A sufficient majority having voted in favor, the agenda was approved as printed.
Chairperson Michael Gingell made the following statement: “A Public Hearing is now called on the
Economic Development and Community Affairs – Resolution Approving the Provisions of a Brownfield Plan for the Challenge MFG Company City of Pontiac Project. Is there anyone present who wishes to
speak?” No one requested to speak and the Chairperson declared the Public Hearing closed.
Chairperson Michael Gingell made the following statement: “A Public Hearing is now called on the Economic Development and Community Affairs – Resolution Approving the Provisions of a Brownfield
Plan for the Bloomfield Park Redevelopment City of Pontiac Project. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the Public Hearing closed.
Chairperson Michael Gingell made the following statement: “A Public Hearing is now called on the U.S.
Department of Justice – 2014 Edward Bryne Memorial Justice Assistance Grant Application. Is there anyone present who wishes to speak?” No one requested to speak and the Chairperson declared the
Public Hearing closed.
Chairperson Gingell introduced Commissioner Crawford.
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Commissioner Crawford addressed the Board to present a Proclamation to Village Oaks Elementary School in Novi to Diana Malczewski, Shannon Myrand and Michelle Hurley for successfully hosting a
special book drive collecting 2,017 books and donating them to Mandy’s Place in Oakland County.
Chairperson Gingell introduced Commissioners Crawford and Zack.
Commissioners Crawford and Zack addressed the Board to present a Proclamation to George Miller, Director of Health and Human Servicesfor receiving the AAA 1-B Corporate/Business Leadership Award.
George Miller, Director of Health and Human Services addressed the Board and gave a brief video
presentation on the AAA 1-B Corporate/Business Leadership Award.
Chairperson Gingell introduced Commissioner Zack.
Commissioner Zack introduced HAVEN CEO Beth Morrison who gave a brief presentation on HAVEN and gave a brief update on the building center ground breaking ceremony to be held on June 18th.
Oakland County Clerk – Register of Deeds, Lisa Brown read a communication from the family of William
Scarlet thanking the Board of Commissioners for their generous donation to Angela Hospice. The communication was received and filed.
Oakland County Clerk – Register of Deeds, Lisa Brown read a communication from Chairperson Michael
J. Gingell, appointing Gordon Snavely, Valerie Knol and David Potts and appointing David Boerger, Ernest Essad and Alex Cooper as alternatives to serve on the Oakland County Zoological Authority Board
for a one-year term which began on May 2, 2014 and ending May 1, 2015. Without objection the appointments were confirmed.
Oakland County Clerk – Register of Deeds, Lisa Brown read a communication from Chairperson Michael
J. Gingell, appointing Alan Ackerman, Barbara Dobb and Dr. David Roberson to serve on the Oakland County Art Institute Authority for a two-year term which began on May 23, 2014 and ending May 22,
2016. Without objection the appointments were confirmed.
The following people addressed the Board during public comment: Karen Irwin, Bob Lefevre, Tim VanDusen, Theresa Seraceno, Karen Jacobs, Pam Sordyl, Cindy Savoy, Alicia Long, Jean Tower,
Courtney Plotz Sanders, Timm Smith and Helaine Zack.
Moved by Weipert supported by Jackson 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 282. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}):
*MISCELLANEOUS RESOLUTION #14126 BY: Commissioners Mike Bosnic, District #16 and Gary McGillivray, District #20
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CITY OF TROY – IMPROVEMENTS TO BIG BEAVER ROAD –
PROJECT NO. 52201 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, 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 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
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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; 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 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 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 2014 authorized amount of Tri-Party Road Improvement funding for Project 52201 in the City of Troy is $100,054.
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 additional project costs, not greater than 15% from the original agreement,
which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution.
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.
MIKE BOSNIC, GARY MCGILLIVRAY
Copy of Correspondence from Patricia Z. Wierzbicki, RCOC Deputy-Secretary/Clerk, Correspondence from Thomas G. Noechel, RCOC Programming Supervisor, Cost Participation Agreement and Exhibit A –
Tri-Party Program Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #14126) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CITY OF TROY – IMPROVEMENTS TO BIG BEAVER ROAD –
PROJECT NO. 52201 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 12, 2013, the Board of Commissioners approved Miscellaneous Resolution
#13305 which designated $2,000,000 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC).
2. Funding of $100,054 is available in the General Fund Assigned Fund Balance for Tri-Party 2014 and prior funding (account #383510) for project 52201.
3. This project is for various concrete slab replacement on Big Beaver Road from Adams Road to Civic Center Drive.
4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced
and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance
Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment.
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6. The FY 2014 budget be amended as follows: General Fund (#10100) FY 2014
Revenue 9010101-196030-665882 Planned Use of Fund Balance $ 100,054
Total Revenues $ 100,054 Expenditures
9010101-153010-740135 Road Commission Tri-Party $ 100,054 Total Expenditures $ 100,054
FINANCE COMMITTEE
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION #14128 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES/LEASED VEHICLES – EXPANSION OF THE VEHICLE FLEET FOR PARKS AND RECREATION
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted a lease vehicle policy through Miscellaneous Resolution #93239, which was amended by Miscellaneous Resolution #94357 and
requires additional vehicles to be approved by the Board of Commissioners; and WHEREAS the Oakland County Parks and Recreation Commission has approved the addition of a new
Parks-owned vehicle, a 2014 passenger bus which will replace bus 98-910 in the regular service rotation; and
WHEREAS Parks and Recreation is requesting to keep bus 98-910 in the fleet for emergency backup, which will assist with staffing and costing savings plus continuing a high level of customer satisfaction;
and WHEREAS the vehicle will be assigned to the Recreation Unit and will increase the overall Parks and
Recreation fleet size by one to 67; and WHEREAS the Parks and Recreation Commission’s FY 2014 Adopted Budget included capital equipment
funding for the purchase of a replacement passenger motor coach bus in the amount of $200,000; and WHEREAS the Parks and Recreation Commission approved the purchase of the passenger motor coach
bus at its meeting of January 15, 2014, in the amount of $199,696; and WHEREAS as required by policy, the County Executive's Department of Central Services has reviewed
the request and determined it is justified within the policy; and WHEREAS the Oakland County Parks and Recreation Commission at its May 7, 2014, meeting approved
the non-retirement of bus 98-910 and recommended the Oakland County Board of Commissioners approve and authorize the Parks vehicle fleet expansion by one to 67.
NOW THEREFORE BE IT RESOLVED that the Parks and Recreation Commission’s FY 2014 Adopted Budget included capital equipment funding for the purchase of a replacement passenger motor coach bus
in the amount of $200,000; therefore, no budget amendment is required. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes and approves
the Parks and Recreation vehicle fleet expansion by one to 67. 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 282.) *MISCELLANEOUS RESOLUTION #14129 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – 2014 PARKS AND RECREATION PROPERTY TAX LEVY To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners has the authority to levy 0.2415 mills tax to support the Oakland
County Parks and Recreation Commission activities; and
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WHEREAS this levy was approved by the Oakland County voters on August 8, 2010 and as modified consistent with Michigan Law (MCL 211.34D(26)), the “Headlee Amendment”; and
WHEREAS $12,086,749 is estimated to be raised by the 0.2415 levy. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing
Officers of the several cities of Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 2014 December Levy, a tax rate of 0.2415 mills for Oakland County
Parks and Recreation activities, to be applied to the 2014 Taxable Value of all property located within their respective jurisdictions.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE
Copy of 2014 Tax Rate Request on file in County Clerk’s office.
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION #14130
BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – FISCAL YEAR 2014 SECOND QUARTER
FINANCIAL FORECAST AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of
Government, provides for adjustments to the adopted budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes
budget amendments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected
expenditures, amendments are required; and WHEREAS the Fiscal Year (FY) 2014 Second Quarter Financial Forecast Report has identified several
variances and budget amendments are recommended; and WHEREAS a budget amendment totaling $31,200 is recommended to reallocate funds from the Sheriff’s
Office Contracted Services account to Professional Services for a Priority Dispatch software program which is used as the basic protocol for dispatching police, fire and EMS; and
WHEREAS a budget amendment of $6,775 is recommended to transfer funds from the Sheriff Auto Theft Prevention Restricted Fund (21394) to Sheriff General Fund General Purpose (GFGP) Technical Services
to cover the Auto Theft Team’s travel expenses for the International Association of Auto Theft Investigators (IAATI) Joint Annual Training Seminar; and
WHEREAS a budget amendment in the amount of $304,150 is recommended to transfer funding from Sheriff Restricted funds Law Enforcement (LE) Enhance Sheriff (21341) to the Sheriff GFGP budget to
increase the Equipment Maintenance appropriation for helicopter (Air 2) repairs; and WHEREAS a budget amendment of $66,000 is recommended to transfer funds from the Sheriff LE
Enhance Lab Fees Restricted Fund (21340) to Sheriff GFGP Technical Services for consulting services associated with the DNA Lab; and
WHEREAS a budget amendment is recommended in the Sheriff’s Office to transfer an additional $38,153 to the Project Work Order Fund for the purchase and installation of a portable incinerator in the Forensic
Laboratory; and WHEREAS the Sheriff's Office receipt of forfeiture/enhancement funds were previously posted to a
liability account (deferred revenue) within the General Fund; due to the implementation of GASB 63, the deferred revenue account can no longer be used for this activity and these funds were moved to separate
restricted funds that will require a transfer to the General Fund for use of the monies. Transfers In from the various restricted funds in the amount of $207,650 is being recognized for eligible equipment, forensic
lab, officer's training and Correction Officer Training Fund costs; and WHEREAS a budget amendment totaling $36,400 is recommended to reallocate funds from the Board of
Commissioner’s Non-Departmental Legislative Expense to the Public Information line item to accurately account for Webcasting expenditures; and
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WHEREAS a budget amendment in the amount of $20,000 is recommended to appropriate funds from General Fund Assigned Fund Balance Quality of Life Initiatives (GL #383482) for quality of life initiatives
to promote economic development in Oakland County; and WHEREAS the FY 2013 Year End Report included a carry forward amount of $1,971,411 for various
department expenditures to be included in FY 2014; and WHEREAS per the General Appropriations Act and Miscellaneous Resolution #93156, a review of the
carry forward appropriation has been conducted to determine if the appropriation shall continue for the remainder of the fiscal year; and
WHEREAS the departments have expended the majority of their carry forward requests and the remaining balance is expected to be utilized by the end of FY 2014; and
WHEREAS a budget amendment is required to transfer Animal Control Legacy Funds in the amount of $8,500 to the General Fund to cover expenditures in Special Event Programming and Animal Supplies;
and WHEREAS an amendment is recommended to the Arts, Culture and Film FY 2014 Regional Regranting
Services Grant in the amount of $1,165 for professional development, bringing the total award amount to $30,165; and
WHEREAS a budget amendment is recommended for the Fringe Benefit Fund to reallocate medical related tax expenses from Medical Insurance, Prescription Coverage and Dental Services to Michigan
Health Insurance Claims Assessment Act (HICAA) Tax, Patient Center Outcome Research, Reinsurance Fee and Health Insurance Premium Tax due to new taxes levied by Federal or State of Michigan; and
WHEREAS a Parks and Recreation budget amendment is recommended to transfer Building Maintenance funds in the amount of $18,699 from the Facilities Maintenance cost center to various cost
centers incurring expenses during the second quarter of FY 2014; and WHEREAS the Parks and Recreation Commission recommends a budget amendment to expense Capital
Improvement projects in the amount of $113,589 which do not meet the preconditions for capitalization established in Financial Accounting Standards Board Statement #67; and
WHEREAS a Parks and Recreation budget amendment is recommended to reflect less than anticipated Property Tax Levy revenues in the amount of $450,000; and
WHEREAS a budget amendment is recommended to recognize that the Health Division has received additional funding from MDCH through the Comprehensive Planning, Budgeting, and Contracting (CPBC)
Agreement via amendment #2 in the amount of $198,597 and amendment #3 in the amount of $60,300 for a total of $258,897 which is less than fifteen percent of the original agreement required to accept each
of the amendments via separate resolution; and WHEREAS a budget amendment in the amount of $8,000 is recommended in the Building Liability
Insurance Fund (#67700) to reallocate funds from Planned Use of Fund Balance to Expendable Equipment due to actual charges being developed after budget finalization; and
WHEREAS a budget amendment in the amount of $2,875 is recommended in the Building Liability Insurance Fund (#67700) to reallocate funds from Planned Use of Fund Balance to Medical Supplies due
to actual charges being developed after budget finalization; and WHEREAS a budget amendment is recommended for the Water Resources Commissioner to replace (1)
Vactor Truck in the amount of $400,000 to be funded from the Pontiac SDS Fund and to transfer (5) Pickup Trucks from the Pontiac Wastewater Treatment Plant Drainage District with total value of $67,700
to the Drain Equipment fund per Miscellaneous Resolution #14117 to accommodate the modification of the United Water contract related to WRC's acquisition of sewer operations & maintenance for the City of
Pontiac and the necessary equipment to provide service; and WHEREAS the Parks and Recreation has requested a write-off in the amount of $754 for the E.A.S.Y.
Summer Camp outstanding receivable as the company is no longer in business; and WHEREAS the Probate Court has one (1) check unable to be processed due to insufficient funds in the
amount of $5.00 for Gross Estate Fees and recommends that the amount be written off and deemed uncollectible; and
WHEREAS the Department of Information Technology has requested write-offs totaling $1,163.48 for uncollectible Enhanced Access fees; and
WHEREAS the Oakland County Department of Economic Development and Community Affairs has attempted to collect funds from loan recipients for the Community Development Block Grant totaling
$48,609.22 and the Home Investment Partnership Act Accounts totaling $133,242, and recommends $181,851.22 be written off in uncollectible loans; and
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WHEREAS the Animal Control and Pet Adoption Center has received and deposited a check into the Animal Control Legacy Fund in the amount of $280 from PetSmart Charities for the adoption of animals
during the third quarter National Adoption Weekend; and WHEREAS Parks & Recreation received donations totaling $60 for various programs.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2014 Second Quarter Financial Report.
BE IT FURTHER RESOLVED that $20,000 be appropriated from assigned fund balance (GL #383482) for Economic Development quality of life initiatives as follows:
GENERAL FUND (#10100) Revenues FY 2014
9010101-196030-665882 Planned Use of Balance $ 20,000 Total Revenues $ 20,000
Expenditures 1090108-171030-730072 Advertising $ 20,000
Total Expenditures $ 20,000 BE IT FURTHER RESOLVED that the uncollectible debts, as recommended by the Department of
Management and Budget and detailed in the attached schedules are authorized to be written off. BE IT FURTHER RESOLVED that the donations be recognized in the Parks and Recreation Department
and the Animal Control and Pet Adoption Center. BE IT FURTHER RESOLVED that the FY 2014 Budget is amended pursuant to Schedules A and B.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE
Copy of Letter of Transmittal – Fiscal Year 2014 Second Quarter Forecast and Fiscal Year 2014 Second
Quarter Forecast Report on file in County Clerk’s office.
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION #14131 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – DIGITIZING OF THE RESEARCH LIBRARY To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #13211 established a study group to examine the potential
digitization of the Oakland County Research Library’s collections and the group was charged with reporting its recommendations back to the General Government Committee; and
WHEREAS Miscellaneous Resolution #6371 designated the Research Library as a depository and archives for all Oakland County reports and documents; and
WHEREAS Libraries worldwide are engaged in digitization projects to make collections more accessible to the public; and
WHEREAS after careful examination by the aforementioned study group, it was determined that the Oakland County Documents Collection is the only collection in the Research Library that is appropriate to
digitize; and WHEREAS digitizing the Oakland County Documents Collection will increase public access and promote
greater governmental transparency; and WHEREAS the Research Library has been participating since 2003 with the Oakland County Historical
Resources Consortium, comprised of libraries, historical societies and museums in Oakland County, and has been digitizing various items on an ad-hoc basis from the Oakland County Documents Collection and
uploading them to the consortium’s website portal; and WHEREAS the Oakland County Library Board, which administers the Research Library, passed a
resolution on April 29, 2014 endorsing the creation of a digital archive of the Oakland County Documents Collection.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners requests and authorizes the full-scale digitization of the Oakland County Documents Collection to be made publicly
available on the Oakland County Historical Resources Consortium website with a cost not to exceed $25,000.00.
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BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners will also continue to provide a budgetary appropriation to pay the costs of the Oakland County Historical Resources
Consortium membership fee. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution. GENERAL GOVERNMENT COMMITTEE
FISCAL NOTE (MISC. #14131)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – DIGITIZING OF THE RESEARCH LIBRARY
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 Board of Commissioners (BOC) recognizes and authorizes the full scale digitization of the Oakland County Documents Collection.
2. Digitizing the collection will increase public access and promote greater governmental transparency.
3. It will be publicly available on the Oakland County Historical Resources Consortium website. 4. Funds are available in the assigned fund balance of the Board of Commissioners Special Projects
(GL# 383313) to cover the expenditures, not to exceed $25,000, related to digitization of the documents collection.
5. The BOC will also continue to provide an appropriation of $600 to pay the costs of the consortium’s membership fee.
6. The FY 2014 Budget is amended as follows: GENERAL FUND (10100) FY 2014
9010101-196030-665882 Non-Dept. Planned Use of Balance $ 25,000 Total Revenue $ 25,000
5010101-180010-731822 Special Projects $ 25,000 Total Expenditure $ 25,000
FINANCE COMMITTEE
(The vote for this motion appears on page 282.) *MISCELLANEOUS RESOLUTION #14120 BY: Human Resources Committee, John Scott, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 3rd QUARTERLY REPORT FOR FY 2014
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1-21 provides a process for departments and employees to request a review of the salary grade placement
of classifications; and WHEREAS the 3rd Quarterly Report for FY 2014 identifies the job studies conducted and the salary grade
changes recommended by the Human Resources Department after completion of this review process; and
WHEREAS funding is available in the Classification and Rate Change fund to implement any GF/GP salary grade changes resulting from this Salary Administration Plan Quarterly Report recommendation.
NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 3rd Quarterly Report for FY 2014, which includes the
following changes: 1. Upwardly reclassify one (1) position to a new classification:
Position # From Classification Grade/ Points To Classification Grade /Points
3010201-07503 Court Business Administrator 19/701 Court Business Manager 20/721
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1050102-01124 Supervisor – Human Resources 16/536 Supervisor – Labor Relations 17/565
1070805-03558 Animal Control Supervisor 11/378 Chief – Animal Control 14/464
2. Change the factors of the following positions with no change in salary grade:
Position # From Classification From Grade/Points To Grade/Points
6010101-09672 WRC Community Liaison 11/370 11/395
3. Delete the classification of Environmental Program Coordinator, Job Code 001077. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing
resolution. HUMAN RESOURCES COMMITTEE
Copy of Oakland County Michigan Class Title: Court Business Manager, Oakland County Michigan Class
Title: Supervisor-Labor Relations, Oakland County Michigan Class Title: Chief – Animal Control on file in County Clerk’s office.
FISCAL NOTE (MISC. #14120)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 3RD QUARTERLY
REPORT FOR FY 2014 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 Human Resources Department, with approval from the Board of Commissioners, provides a
process for depts and employees requesting a review of the salary grade placement classifications for Grades 1 – 21.
2. The factors of the following position (6010101-09672) will change with no change in salary grade; WRC Community Liaison from Grade/Points 11/370 to Grade/Points 11/395.
3. Delete the classification of Environmental Program Coordinator, Job Code 001077. 4. One (1) Court Business Administrator – Circuit Court/Business Division (Position #3010201-
07503) will be upgraded from a grade 19 to a Court Business Manager (grade 20) at an annual cost of $8,095 and $2,180 for the remainder of FY 2014 for salaries and fringe benefits.
5. One (1) Human Resources Supervisor – (Position #1050102-01124) will be upgraded from a grade 16 to a Supervisor – Labor Relations (grade 17) at an annual cost of $6,312 and $1,699 for
the remainder of FY 2014 for salaries and fringe benefits. 6. One (1) Animal Control Supervisor – Public Service/Animal Control (Position #1070805-03558)
will be upgraded from a grade 11 to a Chief – Animal Control (grade 14) at an annual cost of $5,639 and $1,518 for the remainder of FY 2014 for salaries and fringe benefits.
7. The position reclassifications will be effective June 14, 2014. 8. The FY 2014-2017 Budget is amended for the General Fund position upgrades as follows:
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FINANCE COMMITTEE
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION #14132 BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION – RECOGNIZING JULY AS NATIONAL RECREATION AND PARKS MONTH
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission’s mission is to provide all residents of Oakland County with recreational, leisure, and learning experiences, parks, open spaces, and facilities,
resulting in a comprehensive county park system that enhances quality of life; and WHEREAS parks, recreation activities, and leisure experiences provide opportunities for young people to
live, grow, and develop into contributing members of society; and WHEREAS parks and recreation creates lifelines and continued life experiences for older members of our
community; and WHEREAS parks and recreation generates opportunities for people to come together and experience a
sense of community through fun recreational pursuits; and WHEREAS parks and recreation agencies provide outlets for physical activities, socialization, and stress-
reducing experiences; and WHEREAS parks, playgrounds, nature trails, open spaces, community and cultural centers, and historic
sites make communities attractive and desirable places to live, work, play, and visit, in a manner that contributes to our ongoing economic vitality; and
WHEREAS parks, greenways, and open spaces provide a welcome respite from our fast-paced, high-tech lifestyles while simultaneously protecting and preserving our natural environment; and
FISCAL NOTE BUDGET AMENDMENT
General Fund (#10100) FY 2014 FY 2015-2017
Expenditures
9090101-196030-740037 Non-Dept - Class & Rate (5,397) $ (20,046) $
3010201-121100-702010 Circuit Court-Business Division - 1,492 $ 5,540 $
3010201-121100-722750 Circuit Court-Business Division - FB Worker's 20 $ 75 $
3010201-121100-722760 Circuit Court-Business Division - FB Group 5 $ 17 $
3010201-121100-722770 Circuit Court-Business Division - FB 525 $ 1,950 $
3010201-121100-722790 Circuit Court-Business Division - FB 113 $ 421 $
3010201-121100-722810 Circuit Court-Business Division - FB 20 $ 75 $
3010201-121100-722820 Circuit Court-Business Division - FB Unemploy 5 $ 17 $
1050102-183010-702010 HR-Human Resources Admin - 1,163 $ 4,320 $
1050102-183010-722750 HR-Human Resources Admin - FB Worker's 16 $ 58 $
1050102-183010-722760 HR-Human Resources Admin - FB Group 4 $ 13 $
1050102-183010-722770 HR-Human Resources Admin - FB 409 $ 1,521 $
1050102-183010-722790 HR-Human Resources Admin - 88 $ 328 $
1050102-183010-722810 HR-Human Resources Admin - FB 16 $ 59 $
1050102-183010-722820 HR-Human Resources Admin - FB Unemploy 3 $ 13 $
1070805-114090-702010 PS-Animal Control - 1,039 $ 3,859 $
1070805-114090-722750 PS-Animal Control - FB Worker's 14 $ 52 $
1070805-114090-722760 PS-Animal Control - FB Group 3 $ 12 $
1070805-114090-722770 PS-Animal Control - FB 366 $ 1,358 $
1070805-114090-722790 PS-Animal Control - 79 $ 293 $
1070805-114090-722810 PS-Animal Control - FB 14 $ 53 $
1070805-114090-722820 PS-Animal Control - FB Unemploy 3 $ 12 $
Total General Fund - $ - $
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WHEREAS parks and recreation agencies touch the lives of individuals, families, groups, and the entire community, which positively impacts upon the social, economic, health, and environmental quality of our
community; and WHEREAS the Oakland County Parks and Recreation Commission proclaims July as National
Recreation and Parks Month and encourages all citizens to celebrate healthy, active lifestyles by participating in their choice of recreation and park activities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby proclaims July as National Recreation and Parks Month.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Oakland County Parks and Recreation Commission resolution on file in County Clerk’s office.
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION #14133 BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – PLANNING & ECONOMIC DEVELOPMENT SERVICES – 2013 ECONOMIC DEVELOPMENT ASSISTANCE
PROGRAM GRANT ACCEPTANCE AND LEAD AGENCY AGREEMENT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Commerce, Economic Development Administration (EDA) provides
funding for planning assistance for communities facing economic dislocation due to automotive sector restructuring through their Planning Program and Local Technical Assistance Initiative; and
WHEREAS the City of Pontiac and the region have incurred the brunt of the economic collapse of the automobile industry including the closure of numerous General Motors Automobile Assembly Plants, the
loss of suppliers and support services and the resultant declining tax base; and WHEREAS Oakland County and the City of Pontiac entered into an agreement, which designates
Oakland County as the lead agency to act as the official representative of EDA Project 06-69-05893; and WHEREAS as a means to mitigate the effects of the economic downturn, Oakland County applied for
funding in the amount of $80,000 for the City of Pontiac to prepare an Economic Recovery Plan; and WHEREAS due to the lack of staff at the City of Pontiac, the Oakland County Planning and Economic
Development Services (PEDS) Division has agreed to provide $35,000 of in-kind grant match; and WHEREAS the in-kind services will be approximately 800 hours of staff time from the Department of
Economic Development and Community Affairs over the course of the one-year grant cycle; and WHEREAS Oakland County will serve as grant administrator and will manage the preparation of the grant
funded Economic Recovery Plan for the duration of the grant; and WHEREAS no new staff positions will be created for this this grant; and
WHEREAS due to the late receipt of the agreement from the U.S. Economic Development Administration (April 29, 2014) and the short timeframe given for signature and submission (May 29, 2014) prior to start
of the Agreement (June 1, 2014), it was necessary to expedite the acceptance process and have Chairman Mike Gingell sign the grant acceptance agreement prior to the June 11, 2014 Board meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the U.S. Department of Commerce, Economic Development Agency Planning Program and Local Technical
Assistance grant for $80,000 for the City of Pontiac and authorizes the Oakland County Department of Economic Development and Community Affairs to act as administrator for this grant.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the $35,000, approximately 800 hours of staff time from the Department of Economic Development and Community
Affairs, as in-kind grant match. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the previously
signed Lead Agency Agreement between Oakland County and the City of Pontiac. BE IT FURTHER RESOLVED that the acceptance of this grant does not obligate the County to any future
commitment and that no special revenue positions are being created.
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BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original
award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment and is contingent upon continued future levels of grant funding. 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 – Planning & Economic Development, Correspondence from Jeannette
Tamayo, Regional Director, U.S. Department of Commerce, Department of Commerce Financial Assistance Contracts and Instructions, U.S. Department of Commerce Economic Development
Administration, Attachment A – Scope of Work, Attachment B – Authorized Staff Position Titles, Financial Assistance Award, Department of Commerce Financial Assistance Standard Terms and Conditions,
Appendix A: Summary of Changes to the 2008 Standard Terms and Conditions, Economic Development Administration GPRA Data Collection Form, GPRA Data Collection Instructions, Economic Development
Administration Standard Terms and Conditions and Lead Agency Agreement for EDA Project 06-69-05893 Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC #14133)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – PLANNING &
ECONOMIC DEVELOPMENT SERVICES – 2013 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAM GRANT ACCEPTANCE AND LEAD AGENCY AGREEMENT
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 accepts the 2013 U.S. Department of Commerce Economic Development Administration (EDA) Grant in the amount of $80,000 for the fiscal period of June 1, 2014 through
May 31, 2015. 2. Oakland County and the City of Pontiac entered into an agreement, which designates Oakland
County as the lead agency to act as the official representative of EDA Project 06-69-05893. 3. EDA Grant provides funding for planning assistance for communities facing economic dislocation
due to automotive sector restructuring through their Planning Program and Local Technical Assistance Initiative.
4. Additionally an In-Kind Match of $35,000 will be provided by staff from the Planning & Economic Development Services Division for a total grant program amount of $115,000.
5. FY 2014 Budget Amendment is recommended as follows: EDA GRANT (#29251) Project (#GR0000000676) FY 2014
Bud Ref 2014 Activity GLB Analysis Type GLB Revenue
1090201-171000-610313 Planning & Econ Dev Admin-Grants–Fed $ 80,000 Total Revenue $ 80,000
Expenditure 1090201-171000-730373 Planning & Econ Dev Admin-ContSvcs $ 80,000
Total Expenditures $ 80,000 FINANCE COMMITTEE
(The vote for this motion appears on page 282.)
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*MISCELLANEOUS RESOLUTION #14134 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE CHALLENGE MFG COMPANY CITY OF
PONTIAC PROJECT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the
provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), have established a redevelopment of Brownfields
Redevelopment Authority and Board (OCBRA) to facilitate the cleanup and redevelopment of Brownfields within Oakland County’s communities; and
WHEREAS the 2100 South Opdyke site in The City of Pontiac (the “Property”) is an environmental hazard, a “facility” under state statute and a non-producing parcel; and
WHEREAS a Brownfield clean up and redevelopment plan (the “Plan”) has been prepared to restore the environmental and economic viability to a portion of this parcel, which is split out from its parent parcel;
and WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in
discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and
WHEREAS the City of Pontiac has reviewed the Plan, and has been provided a reasonable opportunity to express views and recommendations regarding the Plan in accordance with Sections 13 (13) of the Act,
and has concurred with the provisions of the Plan; and WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has approved a
resolution (attached) adopting the Plan, and recommends the adoption of the Plan by the Oakland County Board of Commissioners to be carried out within the City of Pontiac relating to the Challenge MFG
Company redevelopment in the City of Pontiac. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
adopt the Brownfield Redevelopment Plan to be carried out within the City of Pontiac, relating to the Challenge MFG Company redevelopment.
BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by the Oakland County Brownfield Redevelopment Authority for Challenge MFG Company redevelopment in
the City of Pontiac shall be held on June 11, 2014 in the Oakland County Board of Commissioners’ Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Resolution to Approve a Brownfield Redevelopment Plan for the Challenge Mfg. Company Brownfield Project April 22, 2014, Oakland County Brownfield Redevelopment Authority Brownfield Plan
Amendment for Challenge Mfg. Company Project, Exhibit A – Legal Description, Exhibit A-2 – Site and Property Map, Exhibit B – Facility Status, Schedule 1 Tax Increment Table and Challenge Mfg. Company
TIF Schedule for Brownfield Plan on file in County Clerk’s office.
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION #14135 BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE BLOOMFIELD PARK REDEVELOPMENT CITY
OF PONTIAC PROJECT To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the
provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), have established a redevelopment of Brownfields
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Redevelopment Authority and Board (OCBRA) to facilitate the cleanup and redevelopment of Brownfields within Oakland County’s communities; and
WHEREAS the Bloomfield park project, in the City of Pontiac is a Brownfield under state statute; and WHEREAS a Brownfield plan (the “Plan”) has been prepared to help market the site in order to restore
the environmental and economic viability; and WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed, participated in
discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and
WHEREAS the City of Pontiac has reviewed the Plan, and has been provided a reasonable opportunity to express views and recommendations regarding the Plan in accordance with Sections 13 (13) of the Act,
and has issued an Order concurring with the provisions of the Plan; and WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has approved a
resolution (attached) adopting the Plan, and recommends the adoption of the Plan by the Oakland County Board of Commissioners to be carried out within the City of Pontiac relating to the Bloomfield Park
redevelopment in the City of Pontiac. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby
adopt the Brownfield Redevelopment Plan to be carried out within the City of Pontiac, relating to the Bloomfield Park redevelopment.
BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by the Oakland County Brownfield Redevelopment Authority for Bloomfield Park in the City of Pontiac shall
be held on June 11, 2014 in the Oakland County Board of Commissioners’ Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Resolution to Approve a Brownfield Redevelopment Plan for the Bloomfield Park Brownfield Project April 22, 2014, Oakland County Brownfield Redevelopment Authority Brownfield Plan Amendment
for Bloomfield Park Project, Exhibit A – Legal Description and Bloomfield Park TIF Schedule for Brownfield Plan on file in County Clerk’s office.
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION #14136
BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO AUTHORIZE ADVANCE FROM
LONG-TERM REVOLVING FUND TO THE LOWER PETTIBONE LAKE SANITARY DRAIN DRAINAGE DISTRICT FOR CONSTRUCTION OF LOWER PETTIBONE LAKE SANITARY DRAIN
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the Lower Pettibone Lake Sanitary Drain Drainage District (the “Drainage District”) has been established pursuant to Act No. 40, Public Acts of Michigan, 1956, as amended (“Act 40”), particularly
Chapter 4 thereof, for the purpose of constructing a sanitary drain improvement known and designated as the Lower Pettibone Lake Sanitary Drain (the “Project”); and
WHEREAS the Project has been determined to be necessary and conducive to public health, convenience and welfare and necessary to the protection of the public health in the Drainage District; and
WHEREAS the current estimated cost of the Project is $996,770.00, but the Oakland County Water Resources Commissioner will approve a final estimated cost of the Project and will confirm a special
assessment roll for the Lower Pettibone Lake Sanitary Drain (the “Roll”) in which each of the owners of property in the Drainage District will be assessed a share of the cost of the Project; and
WHEREAS Section 434 of Act 40 authorizes the Drainage District to borrow money or accept the advance of money from a public corporation for the payment of, or in connection with the construction of,
any part of a drain project, with reimbursement by the Drainage District, with or without interest as may be agreed, when funds are available; and
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WHEREAS the obligation of the Drainage District to make the repayment or reimbursement may be evidenced by a contract, which contract may pledge the full faith and credit of the Drainage District and
may be made payable out of the drain assessments made against lands in the Drainage District; and WHEREAS pursuant to Miscellaneous Resolution #92252, the Board of Commissioners of the County of
Oakland (the “Board”) established a Long-Term Revolving Fund for the purpose of providing financing for specific capital projects as approved by the Board with the funds advanced being recovered through
special assessments, or contracts with municipalities or drainage districts; and WHEREAS pursuant to Miscellaneous Resolution #14112, the Board (i) affirmed its commitment to
provide funding options by offering loans and advances from the County’s Long-Term Revolving Fund to finance sanitary sewer projects constructed in accordance with the provisions of Chapter 4 of Act 40 that
do not require the issuance of bonds, which loan or advance shall be evidenced by an agreement between the County and the drainage district, and (ii) transferred an additional $1,000,000 from the
County’s General Fund Assigned Fund Balance titled WRC Long-Term Revolving Fund to the Long-Term Revolving Fund for sanitary sewer projects constructed in accordance with Chapter 4 of Act 40, bringing
the total funding in such Long-Term Revolving Fund to $2,491,000; and WHEREAS in order for the Drainage District to construct the Project in the most efficient manner and at
the lowest possible cost, the Drainage District has requested that the County advance money to the Drainage District to pay costs of the Project, such advance to be repaid to the County with interest as set
forth in a contract between the County and the Drainage District; and WHEREAS the advance will be repaid by the Drainage District from the special assessment revenues
received by the Drainage District pursuant to the Roll (the “Special Assessment Revenues”), and will be further secured by the full faith and credit pledge of the Drainage District; and
WHEREAS the special assessments on the Roll will be payable in twenty (20) annual installments, the first of which will be due and payable on December 1, 2014, and the several subsequent installments of
which will be due and payable on each succeeding December 1, and all unpaid installments of the assessments will bear interest from September 1, 2014, or such earlier date on which funds are
advanced by the County to the Drainage District as provided in the contract. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland,
Michigan, as follows: 1. The Board hereby authorizes the advance from the County’s Long-Term Revolving Fund to the
Drainage District in an amount not to exceed the lesser of (i) the total assessments on the Roll as finally confirmed or (ii) $1,200,000 to pay costs of the Project in accordance with the provisions of
Act 40, such advance to be repaid by the Drainage District in annual principal installments over a period not to exceed 20 years from the date of the advance with interest on the unpaid balance
from time to time at a rate to be determined by the Chairperson of the Board and County Clerk which determination shall be evidenced by their signatures on the hereinafter described contract.
2. The advance shall be repaid from the Special Assessment Revenues and shall be further secured by the full faith and credit of the Drainage District. The Drainage District may prepay
principal installments in whole or in part on any date without penalty. 3. The Chairperson of the Board and the County Clerk are hereby authorized to execute and deliver
a contract with the Drainage District for the advance of money by the County and repayment by the Drainage District as described in this resolution, and such contract is hereby approved. The
contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
4. The contract shall be approved by the County Department of Corporation Counsel prior to its effectiveness.
5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Contract for Advancement of Funds and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office.
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FISCAL NOTE (MISC #14136) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO AUTHORIZE ADVANCE FROM LONG-TERM REVOLVING FUND TO THE LOWER PETTIBONE LAKE SANITARY DRAIN DRAINAGE
DISTRICT FOR CONSTRUCTION OF LOWER PETTIBONE LAKE SANITARY DRAIN 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 Lower Pettibone Lake Sanitary Drain Drainage District is requesting an advance in an
amount not to exceed $1,200,000 from the Long-Term Revolving Fund to be used to construct a sanitary drain known and designated as the Lower Pettibone Lake Sanitary Drain.
2. Miscellaneous Resolution #14112 authorized a transfer of $1,000,000 to the Long-Term Revolving Fund for loans and advances to finance sanitary sewer projects constructed in
accordance with Chapter 4 of the Michigan Drain Code. 3. The Water Resources Commissioner is authorized to compute costs and prepare a special
assessment roll for the lands benefited by the Lower Pettibone Lake Sanitary Drain Drainage District.
4. The construction of the sanitary drain project will be managed by the Water Resources Commissioner and full repayment of the advance, with applicable interest, will come from a
special assessment roll approved over the next 20 years by the Water Resources Commissioner for this project.
5. Additionally, Miscellaneous Resolution #89276 states that an interest rate no less than the prevailing six-month Treasury Bill rate should be charged; however, because this is a longer term
loan of 20 years, the County will utilize the Treasury Long Term Rate of 3.12% which is based on the most recent published date of May 23, 2014.
6. Funding is currently available in the Long-Term Revolving Fund to issue an advance in the not to exceed amount of $1,200,000 to the Lower Pettibone Lake Sanitary Drain Drainage District.
7. No budget amendment is required. FINANCE COMMITTEE
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION #14121
BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE – TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS
AGREEMENT FOR K-9 DOG (RAINE) WHEREAS Chris Topacio is a Deputy with the Oakland County Sheriff's Office, Canine Unit (Unit); and
WHEREAS while Deputy Topacio has worked in this Unit, he has handled the same canine, Raine; and WHEREAS the Oakland County Sheriff’s Office wishes to retire Raine from the Unit, transfer ownership of
Raine to Deputy Topacio, and release all claims and liability the County may have with respect to Raine; and
WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership and Release of Claims Agreement is attached.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves transferring ownership of Raine to Deputy Chris Topacio per the attached Transfer of Ownership and
Release of Claims Agreement for $1, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute the agreement as attached.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE
Copy of Transfer of Ownership and Release of Claims Agreement Incorporated by Reference. Original on
file in County Clerk’s office.
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FISCAL NOTE (MISC. #14121) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE – TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT FOR K-9 DOG (RAINE)
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. Resolution requests approval of transfer of ownership and release of claims agreement documents, and transfer K-9 dog “Raine” to trainer and handler Deputy Chris Topacio; and
release all claims and liability the County may have with respect to Raine. 2. The County will sell “Raine" to his current handler for the nominal sum of $1.00 as outlined in the
attached Transfer of Ownership and Release of Claims Agreement. 3. No budget amendment is required.
FINANCE COMMITTEE
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION #14122 BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE – TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT FOR K-9 DOG (YEAGER)
WHEREAS Sherry Locher is a Deputy with the Oakland County Sheriff's Office, Canine Unit (Unit); and WHEREAS while Deputy Locher has worked in this Unit, she has handled the same canine, Yeager; and
WHEREAS the Oakland County Sheriff’s Office wishes to retire Yeager from the Unit, transfer ownership of Yeager to Deputy Locher, and release all claims and liability the County may have with respect to
Yeager; and WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership and
Release of Claims Agreement is attached. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
transferring ownership of Yeager to Deputy Sherry Locher per the attached Transfer of Ownership and Release of Claims Agreement for $1, and that the Board Chairperson, on behalf of the County of
Oakland, is authorized to execute the agreement as attached. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Transfer of Ownership and Release of Claims Agreement Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #14122)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE – TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT
FOR K-9 DOG (YEAGER) 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. Resolution requests approval of transfer of ownership and release of claims agreement
documents, and transfer K-9 dog “Yeager” to trainer and handler Deputy Sherry Locher; and release all claims and liability the County may have with respect to Yeager.
2. The County will sell “Yeager" to his current handler for the nominal sum of $1.00 as outlined in the attached Transfer of Ownership and Release of Claims Agreement.
3. No budget amendment is required. FINANCE COMMITTEE
(The vote for this motion appears on page 282.)
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*MISCELLANEOUS RESOLUTION #14123 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE – TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT FOR K-9 DOG (CHARGE)
WHEREAS David Roddy is a Deputy with the Oakland County Sheriff's Office, Canine Unit (Unit); and WHEREAS while Deputy Roddy has worked in this Unit, he has handled the same canine, Charge; and
WHEREAS the Oakland County Sheriff’s Office wishes to retire Charge from the Unit, transfer ownership of Charge to Deputy Roddy, and release all claims and liability the County may have with respect to
Charge; and WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership and
Release of Claims Agreement is attached. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
transferring ownership of Charge to Deputy David Roddy per the attached Transfer of Ownership and Release of Claims Agreement for $1, and that the Board Chairperson, on behalf of the County of
Oakland, is authorized to execute the agreement as attached. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Transfer of Ownership and Release of Claims Agreement Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #14123)
BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE – TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT
FOR K-9 DOG (CHARGE) 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. Resolution requests approval of transfer of ownership and release of claims agreement
documents, and transfer K-9 dog “Charge” to trainer and handler Deputy David Roddy; and release all claims and liability the County may have with respect to Charge.
2. The County will sell “Charge" to his current handler for the nominal sum of $1.00 as outlined in the attached Transfer of Ownership and Release of Claims Agreement.
3. No budget amendment is required. FINANCE COMMITTEE
(The vote for this motion appears on page 282.)
*REPORT (MISC. #14124)
BY: Human Resources Committee, John Scott, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES – ANIMAL CONTROL DIVISION – POSITION
DELETION AND POSITION CREATION To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on June 4, 2014,
reports with the recommendation that 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 #14124
BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES – ANIMAL CONTROL DIVISION – POSITION
DELETION AND POSITION CREATION To the Oakland County Board of Commissioners
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Commissioners Minutes Continued. June 11, 2014
Chairperson, Ladies and Gentlemen: WHEREAS as the State’s largest publicly operated open admission shelter, the Oakland County Animal
Control and Pet Adoption Center continues to experience an increase in the number of animals received; and
WHEREAS the Animal Control Division evaluates every animal received at the shelter and provides medical treatment, vaccination and neutering services for animals every year; and
WHEREAS the Animal Control Division is responsible to ensure full compliance with numerous state health regulations which require the attention of qualified Veterinary staff; and
WHEREAS to maintain the quality of care, the Animal Control Division has determined the need for additional Veterinary support staff due to the increase in animals received; and
WHEREAS having an additional Veterinarian Technician to support the Veterinarian staff would address the need for timely compliance of Public Health Laws; and
WHEREAS the additional Veterinarian Technician will allow Veterinarians to focus on services only Veterinarians can provide; and
WHEREAS it is proposed to delete one (1) vacant GF/GP Full-Time Eligible, Animal Control Officer position to support the creation of one (1) GF/GP Full Time Eligible Veterinarian Technician; and
WHEREAS it is proposed to utilize the additional cost savings by creating one (1) GF/GP Part Time Non-Eligible, 445 hours per year Animal Shelter Attendant to aid in the day-to-day care of the increased
shelter population. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the
following position deletion and new position creations. BE IT FURTHER RESOLVED to delete one (1) GF/GP Full-Time Eligible Animal Control Officer
(#1070801-11055). BE IT FURTHER RESOLVED to create one (1) GF/GP Full-Time Eligible Veterinarian Technician in the
Administration unit (#1070801). BE IT FURTHER RESOLVED to create one (1) GF/GP Part-Time Non-Eligible, 445 hours per year
Animal Shelter Attendant in the Administration unit (#1070801). Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
FISCAL NOTE (MISC #14124) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES – ANIMAL CONTROL DIVISION – POSITION DELETION AND POSITION CREATION
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. As the State’s largest publicly operated open admission shelter, the Oakland County Animal Control and Pet Adoption Center continues to experience an increase in the number of animals
received. 2. To maintain the quality of care, the Animal Control Division has determined the need for
additional Veterinary support staff due to the increase in animals received. 3. Having an additional Veterinarian Technician to support the Veterinarian staff would address the
need for timely compliance of Public Health Laws and allow Veterinarians to focus on services only Veterinarians can provide.
4. It is proposed to delete one (1) vacant GF/GP Full-Time Eligible, Animal Control Officer Position to support the creation of one (1) GF/GP Full Time Eligible Veterinarian Technician and one (1)
GF/GP Part Time Non-Eligible, 445 hours per year Animal Shelter Attendant to aide in the day to day care of the increased shelter population.
5. The position(s) deletion and creation will be effective June 14, 2014. 6. The FY 2014-2017 Budget is amended as follows:
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FINANCE COMMITTEE
(The vote for this motion appears on page 282.)
*REPORT (MISC. #14137)
BY: Human Resources Committee, John Scott, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
IN THE CHARTER TOWNSHIP OF OAKLAND 2013-2015 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on June 4, 2014,
reports with the recommendation that 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 #14137
BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES
IN THE CHARTER TOWNSHIP OF OAKLAND 2013-2015 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Oakland has contracted with the Oakland County Sheriff's Office to
provide law enforcement services for the City (Miscellaneous Resolution #12312); and
General Fund (#10100) FY 2014 FY 2015-FY 2017
Revenues
9010101-196030 665882 Planned Use of Balance (269) $ (1,000) $
Total General Fund Revenues (269) $ (1,000) $
Expenditures
1070810-114100 702010 PS/Animal Control Salaries (9,634) $ (35,782) $
1070805-114090 702010 PS/Animal Control Salaries 10,044 $ 37,305 $
1070805-114090 722900 PS/Animal Control FB Adjustment 85 $ 317 $
1070810-114100 722780 PS/Animal Control Medical/Hospitalization (3,762) $ (13,973) $
1070805-114090 722780 PS/Animal Control Medical/Hospitalization 3,598 $ 13,361 $
1070810-114100 722800 PS/Animal Control Dental (205) $ (762) $
1070805-114090 722800 PS/Animal Control Dental 205 $ 762 $
1070810-114100 722850 PS/Animal Control Optical (30) $ (110) $
1070805-114090 722850 PS/Animal Control Optical 30 $ 110 $
1070810-114100 722750 PS/Animal Control Wrkr Comp (97) $ (362) $
1070805-114090 722750 PS/Animal Control Wrkr Comp 115 $ 428 $
1070810-114100 722760 PS/Animal Control Group Life (30) $ (110) $
1070805-114090 722760 PS/Animal Control Group Life 26 $ 95 $
1070810-114100 722770 PS/Animal Control Retire (3,504) $ (13,014) $
1070805-114090 722770 PS/Animal Control Retire 3,001 $ 11,147 $
1070810-114100 722790 PS/Animal Control FICA (737) $ (2,737) $
1070805-114090 722790 PS/Animal Control FICA 652 $ 2,423 $
1070810-114100 722810 PS/Animal Control Disability (139) $ (518) $
1070805-114090 722810 PS/Animal Control Disability 117 $ 434 $
1070810-114100 722820 PS/Animal Control Unemployment (31) $ (115) $
1070805-114090 722820 PS/Animal Control Unemployment 27 $ 101 $
Total General Fund Expenditures (269) $ (1,000) $
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Commissioners Minutes Continued. June 11, 2014
WHEREAS paragraph 31 of this Contract provided that an amendment to this Contract must be approved by a resolution of the Oakland County Board of Commissioners and the Charter Township of Oakland;
and WHEREAS the Charter Township of Oakland has approved a proposed amendment to the contract
(Schedule A Deputies Contracted) which would add one (1) full-time Deputy II (no-fill) position effective June 14, 2014 to December 31, 2015 bringing the number of the total number of FTE contracts to thirteen
(13); and WHEREAS the Sheriff has agreed to add one (1) full-time Deputy II (no-fill) position for the Charter
Township of Oakland under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an
amendment to Schedule A (Sheriff’s Deputies Contracted) of the Oakland County Sheriff's Office 2013-2015 Law Enforcement Services Agreement with the Charter Township of Oakland to add one (1) full-
time Deputy II (no-fill) position effective June 14, 2014 to December 31, 2015. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes its Chairperson to
execute and enter into this Amendment on behalf of the County of Oakland. BE IT FURTHER RESOLVED that one (1) full-time GF/GP Deputy II position be created in the Patrol
Services Division/Oakland Township (4030622) of the Sheriff’s Office for the period June 14, 2014 to December 31, 2015.
BE IT FURTHER RESOLVED that one (1) marked Patrol Tahoe with MDC, camera, mobile and prep radio be added to the county fleet.
BE IT FURTHER RESOLVED that this amendment will take effect June 14, 2014. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE SCHEDULE A SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Rank(s) of
SHERIFF'S DEPUTIES
Number(s)
of Sheriff's Deputies
Contracted
Bi-Weekly
Charge to Municipality
in 2013
Annual
Costs 2013
Bi-Weekly
Charge to Municipality
in 2014
Annual
Costs 2014
Bi-Weekly
Charge to Municipality
in 2015
Annual
Costs 2015
Captain $7,352.06 $191,154 $7,464.01 $194,064 $7,579.50 $197,067
Lieutenant $6,354.94 $165,228 $6,461.59 $168,001 $6,571.80 $170,867
Patrol Sergeant 1 $5,591.31 $145,374 $5,682.09 $147,734 $5,775.89 $150,173
Detective Sergeant $5,745.70 $149,388 $5,845.97 $151,995 $5,949.74 $154,693
Deputy II (w/fill) $5,714.60 $148,580 $5,795.79 $150,691 $5,879.75 $152,874
Deputy II (no-
fill) 11 $4,869.01 $126,594 $4,950.20 $128,705 $5,034.16 $130,888
Deputy II (no-fill/no-vehicle) $4,598.77 $119,568 $4,668.23 $121,374 $4,739.87 $123,237
Patrol Investigator
(no-fill)
1 $5,023.39 $130,608 $5,114.07 $132,996 $5,208.01 $135,408
Deputy I (no-fill) $4,485.07 $116,612 $4,560.08 $118,562 $4,637.66 $120,579
13
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Front desk
and building security PTNE 2 $18.29 per
hour $36,580 $18.47 per
hour $36,940 $18.66 per
hour $37,320
TOTAL 15
NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the O.C.S.O. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide
LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL-IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those
reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above.
NOTE: No Trainees shall be assigned by the O.C.S.O. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this
Agreement.
NOTE: The amounts listed for charges and costs are per each individual Sherriff’s Deputy contracted.
OAKLAND COUNTY SHERIFF'S OFFICE 2013-2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF OAKLAND
Amendment 2 _____________________________________________________________________
Pursuant to paragraph 31 of the 2013-2015 Law Enforcement Services Agreement between the COUNTY
and the CHARTER TOWNSHIP OF OAKLAND, the parties hereby agree to amend said contract in accordance with the attached Schedule A.
All other contractual provisions of the 2013-2015 Law Enforcement Services Agreement not otherwise
affected by the attached Schedules A remain in full force and effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises, and acknowledgments set forth in this Amendment 2 to the 2013-2015 Law Enforcement Services Agreement ("Amendment") and for other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the Parties, and by doing so legally obligate
and bind the Parties to the terms and conditions of this Contract.
IN WITNESS WHEREOF, Terry Gonser, Supervisor of the Charter Township of Oakland, hereby acknowledges that he hereby executes this Amendment on behalf of the Municipality and hereby accepts
and binds the Municipality to the terms and conditions of this Amendment.
EXECUTED: __________________________ DATE: _______________ Terry Gonser
Supervisor
WITNESSED: _________________________, Clerk DATE: _______________ Charter Township of Oakland
IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of Commissioners
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
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Commissioners Minutes Continued. June 11, 2014
Commissioners to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment.
EXECUTED: __________________________ DATE: _______________
Michael J. Gingell, Chairperson Oakland County Board of Commissioners
WITNESSED: __________________________ DATE: _______________
County of Oakland
FISCAL NOTE (MISC. #14137) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF OAKLAND, 2013-2015
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 Charter Township of Oakland is contracted with the Oakland County Sheriff to provide law enforcement services to this community for the calendar years of 2013 – 2015 per Miscellaneous
Resolution #12312. 2. The Charter Township of Oakland has approved amendment #2 to the contract (Schedule A
Deputies Contracted) to add one (1) GFGP FTE Deputy II position effective June 14, 2014 to December 31, 2015 bringing the number of FTE contracted positions to thirteen (13).
3. The dates of the agreement are June 14, 2014 through December 31, 2015. 4. The addition of one (1) GF/GP FTE Deputy II position; and the continuation of twelve (12) FTE
positions (4030624-07015, 00780, 01139, 01816, 06942, 07956, 09208, 09399, 09400, 09674, 10052, and 10432); and the continuation of two (2) GF/GP 1,000 hour PTNE Court Deputy II
positions (4030624-11393, and 11394) in the Contracted Patrol Unit/Patrol Services Division of the Sheriff’s Office; increases the number of contracted positions at this community to 15.
5. The amendment also adds one (1) new marked four wheel drive Tahoe vehicle with prep at a total cost of $31,000 to the county fleet; it also adds one (1) mobile data computer (MDC) with
camera at a total cost of $9,295; and one (1) mobile/prep radio at a total cost of $4,500; and one (1) hand-held prep radio at a total cost of $3,300 for a total capital cost transfer from GFGP
Contingency of $48,095. 6. The FY 2014 – 2017 budgets are amended as follows:
GENERAL FUND (#10100) FY 2014 FY 2015-2017 4030601-110000-632093 Sher. Spec. Deputies $ 37,539 $ 130,888
Total Revenues $ 37,539 $ 130,888 Sheriff Patrol Services Expenditures
4030601-116181-702010-40120 Salaries $ 14,810 $ 50,776 4030501-116230-712020 Overtime 8,322 30,720
4030601-116181-722790-40120 Social Sec. 1,133 3,884 4030601-116181-722770-40120 Retirement 4,116 14,111
4030601-116181-722780-40120 Hospitalization 4,131 14,163 4030601-116181-722760-40120 Group Life 73 249
4030601-116181-722750-40120 Workers Comp 203 696 4030601-116181-722810-40120 Disability 201 691
4030601-116181-722820-40120 Unemployment 47 162 4030601-116181-722800-40120 Dental 236 808
4030601-116181-722850-40120 Optical 34 117 4030601-116181-750070-40120 Deputy Supplies 113 389
4030601-116181-750581-40120 Uniforms 138 472 4030601-116181-774677-40120 Insurance Fund 278 954
4030601-116181-772618-40120 Equip Rental 270 924 4030601-116181-773535-40120 CLEMIS 53 180
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4030601-116181-776661-40120 Lease Veh. 3,381 11,592 Total Expenditures $ 37,539 $ 130,888
Capital Costs FY 2014 4030601-116181-788001-66100-40120 Tranf to Motorpool $ 31,000
4030601-116181-788001-53600-40120 Tranf to Radio $ 4,500 4030601-116181-788001-53600-40120 Tranf to Radio $ 3,300
4030601-116181-788001-63600-40120 Tranf to Info Tech $ 9,295 9090101-196030-73035 Contingency ( $ 48,095 )
Total Capital Cost $ 0 Total General Fund Expenditures $ 48,095
MOTOR POOL FUND (#66100) Revenue
1030811-184010-630833 Gasoline Oil Grease Chgs. $ 2,589 1030811-184010-631071 Leased Equipment $ 5,139
1030811-184010-695500-10100 Tranf from Gen. Fund $ 31,000 1030811-184010-665882 Planned Use of Balance ( $ 31,000 )
Total Motor Pool Revenue $ 7,728 Expenses
1030811-184010-750210 Gasoline Chgs. $ 2,589 1030811-184010-761156 Depreciation Vehicles $ 5,139
Total Motor Pool Expense $ 7,728 RADIO COMMUNICATIONS FUND (#53600)
Revenue 080310-115150-695500-10100 Tranf from Gen. Fund $ 7,800
1080310-115150-665882 Planned Use of Balance ( $ 7,800 ) Total Radio Comm Revenue $ 0
INFORMATION TECHNOLOGY (#63600) Revenue
1080601-152096-695500-10100 Tranf from Gen. Fund $ 9,295 1080601-152096-665882 Planned Use of Balance ( $ 9,295 )
Total Info Tech Revenue $ 0 FINANCE COMMITTEE
(The vote for this motion appears on page 282.)
*MISCELLANEOUS RESOLUTION 14138
BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: MULTI DEPARTMENT (SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN’S VILLAGE) – 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM GRANT APPLICATION AND INTERGOVERNMENTAL AGREEMENT
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County, along with the City of Pontiac, has been allocated $158,331 and has prepared an application to the U.S. Department of Justice, Office of Justice Programs for funding under
the 2014 Edward Byrne Memorial Justice Assistance (JAG) Program for the period of October 1, 2013 through September 30, 2017; and
WHEREAS a joint application between Oakland County and the City of Pontiac is required; and WHEREAS the funding is based on Federal allocation and has been distributed as follows: Oakland
County $56,463 and the City of Pontiac (via the Sheriff’s Office) $101,868; and WHEREAS there is no grant match requirement; and
WHEREAS the grant application requires the adoption of an intergovernmental agreement between Oakland County and the City of Pontiac; and
WHEREAS an agreement has been drafted (as attached) by Oakland County Corporation Counsel; and WHEREAS State statute (MCL 45.556P) states that the Board of Commissioners has the authority to
enter into agreements with other governmental or quasi-governmental entities; and WHEREAS Oakland County will serve as fiduciary and lead agency for the entire award; and
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Commissioners Minutes Continued. June 11, 2014
WHEREAS FY 2014 JAG funding awarded will be used to purchase equipment for the Sheriff, Circuit Court and Children’s Village and by the City of Pontiac for overtime hours in order to help fight violent
crime and lower the homicide rate as outlined in Attachment #1 – Project Abstract – of the grant application.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached intergovernmental agreement with the City of Pontiac and that the Board Chairperson, on behalf
of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that the original intergovernmental agreement will be filed with the
Michigan Department of State, Office of the Great Seal. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Grant Review Sign Off – Multi Department (Sheriff’s Office, Circuit Court and Children’s Village), Application for Federal Assistance, Assurances and Certifications, Standard Assurances, Certifications,
FY 2014 BJA Justice Assistance Grant – Attachment #1 Project Abstract, Program Narrative – Attachment 2, Budget and Budget Narrative – Attachment 3, Review Narrative – Attachment 4,
Attachment #5 – Applicant Disclosure of Pending Applications, Intergovernmental Agreement Between the County of Oakland and the City of Pontiac for Application for Federal Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant Program Funds, Appendix A – List of Governmental Entities Certified as Disparate by the Bureau of Justice Assistance and Appendix B – Grant Fund
Allocations Incorporated by Reference. Original on file in County Clerk’s office.
FISCAL NOTE (MISC. #14138) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MULTI DEPARTMENT (SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN’S VILLAGE) 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM GRANT
APPLICATION AND INTERGOVERNMENTAL AGREEMENT 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, along with the City of Pontiac, has been allocated $158,331 and has prepared
an application to the U.S. Department of Justice, Office of Justice Programs for funding under the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
2. The grant funding period is October 1, 2013 through September 30, 2017. 3. The grant application requires the adoption of an intergovernmental agreement between Oakland
County and the City of Pontiac. 4. The State statute (MCL 45.556P) states that the Board of Commissioners has the authority to
enter into agreements with other governmental or quasi-governmental entities. 5. An intergovernmental agreement between Oakland County and the City of Pontiac is included as
part of the application packet. 6. The funding is based on Federal allocation and will be distributed as follows: Oakland County
Sheriff’s Office $33,163, Oakland County Circuit Court $13,300, Oakland County Children’s Village $10,000 and City of Pontiac (via Sheriff’s Office) $101,868.
7. There is no grant match requirement. 8. Oakland County will serve as fiduciary and lead agency for the entire award.
9. The requested grant projects include equipment acquisition for the Sheriff’s Office Corrective Services Court Detention Unit and Tactical Unit, equipment acquisition for the Circuit Court,
doorbells/signaling system for Children’s Village, and overtime costs to deploy detectives, conduct special investigations and use directed patrol units to proactively deter violent criminal
behavior and aggressively investigate criminal activity within the City of Pontiac. 10. The original, signed intergovernmental agreement will be filed with the Michigan Department of
State, Office of the Great Seal. FINANCE COMMITTEE
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Commissioners Minutes Continued. June 11, 2014
Vote on Consent Agenda: AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Crawford. (18) 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). REPORT (MISC. #14127) BY: General Government Committee, Christine Long, Chairperson
IN RE: BOARD OF COMMISSIONERS – EXTENSION OF PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC.
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution on June 2, 2014, reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #14127 BY: Commissioner Michael J. Gingell, District #1
IN RE: BOARD OF COMMISSIONERS – EXTENSION OF PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES, INC.
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #08106 established a Government Relations Consulting Firm Study Group, comprised of four County Commissioners, to review and evaluate the Request for
Proposals (RFPs), in the event that the Oakland County Board of Commissioners should choose to hire a government relations consulting firm; and
WHEREAS the Government Relations Consulting Firm Study Group made the recommendation that Public Affairs Associates, Inc. (PAA), based in Lansing, Michigan, be selected as the government
relations consulting firm by the Oakland County Board of Commissioners; and WHEREAS the Board of Commissioners selected Public Affairs Associates, Inc. (PAA), as the
government relations consulting firm representing the interests of the Oakland County Board of Commissioners with the adoption of Miscellaneous Resolution #09002; and
WHEREAS during the contractual term, Oakland County Board of Commissioners has authorized a monthly fee of Five Thousand ($5,000) Dollars for services rendered; and
WHEREAS Public Affairs Associates, Inc. (PAA) has indicated their willingness to continue as the government relations consulting firm representing the interests of the Oakland County Board of
Commissioners at the current fee level and have provided excellent service throughout the term of their contract; and
WHEREAS Oakland County Purchasing Division Policies regarding the duration of contracts provides the Board of Commissioners the ability to extend a contractual agreement beyond a period of five years.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an extension of the professional services contract with Public Affairs Associates, Inc. (PAA), as the
government relations consulting firm representing the interests of the Oakland County Board of Commissioners for a period of three years commencing 6/30/2014 through 6/30/2017.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes payment of a monthly fee of Five Thousand ($5,000) Dollars for the services rendered under the contract, unless
terminated by the parties. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners, or his designee, is
authorized to execute the professional services contract with Public Affairs Associates, Inc. (PAA), on behalf of the Board of Commissioners.
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Commissioners Minutes Continued. June 11, 2014
BE IT FURTHER RESOLVED that prior to the completion of the aforementioned extension, the Board of Commissioners shall issue a Request for Proposals to evaluate professional services for governmental
relations consulting for the Board of Commissioners. Chairperson, we move the adoption of the foregoing resolution.
MICHAEL GINGELL, BILL DWYER, MICHAEL SPISZ, MIKE BOSNIC, TOM MIDDLETON,
KATHY CRAWFORD, PHIL WEIPERT, JEFF MATIS, MATTIE HATCHETT, SHELLEY TAUB,
DAVE WOODWARD, BOB HOFFMAN
FISCAL NOTE (MISC. #14127) BY: Finance Committee, Tom Middleton, Chairperson
IN RE: BOARD OF COMMISSIONERS – EXTENSION OF PROFESSIONAL SERVICES CONTRACT FOR GOVERNMENT RELATIONS CONSULTING FIRM TO PUBLIC AFFAIRS ASSOCIATES INC
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 Oakland County Board of Commissioners authorizes an extension of the professional services contract with Public Affairs Associates Inc. (PAA) as the government relations consulting
firm representing the interests of the Oakland County Board of Commissioners. 2. The contract period is for three (3) years; commencing on June 30, 2014 through June 30, 2017.
3. The Board of Commissioners authorizes a monthly fee of $5,000 for services rendered under the contract, unless terminated by the parties.
4. Sufficient funds have been budgeted for this agreement; therefore a budget amendment is not required.
FINANCE COMMITTEE
Moved by Dwyer supported by Woodward the resolution (with fiscal note attached) 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.
Discussion followed.
Moved by Gershenson supported by Scott the resolution be amended as follows:
Amend “NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes an extension of the professional services contract with Public Affairs Associates, Inc. (PAA), as
the government relations consulting firm representing the interests of the Oakland County Board of Commissioners for a period of threeone years commencing 6/30/2014 through 6/30/20175.”.
Vote on amendment:
AYES: Gershenson, Gosselin, Long, McGillivray, Scott, Spisz, Zack. (7) NAYS: Gingell, Hatchett, Hoffman, Jackson, Matis, Middleton, Taub, Weipert, Woodward,
Crawford, Dwyer. (11)
A sufficient majority having not voted in favor, the amendment failed.
Vote on resolution: AYES: Gingell, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Spisz, Taub, Weipert,
Woodward, Crawford, Dwyer. (13) NAYS: Gosselin, Long, Scott, Zack, Gershenson. (5)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
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Commissioners Minutes Continued. June 11, 2014
REPORT
BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENT TO THE REGIONAL CONVENTION
FACILITY AUTHORITY – CITIZENS ADVISORY COUNCIL – OAKLAND COUNTY REPRESENTATIVE To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: The General Government Committee, having considered this appointment on June 2, 2014, hereby
recommends that MiVida Burrus be appointed to the Regional Convention Facility Authority – Citizens Advisory Council – Oakland County Representative seat to complete a four-year term that began March
3, 2014 and will end March 2, 2018. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing
report. GENERAL GOVERNMENT COMMITTEE
Copy of Oakland County Board of Commissioners Application for Appointment to Boards, Committees
and Commissions on file in County Clerk’s office.
Moved by Long supported by McGillivray the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Zack the appointment of MiVida Burrus to the Regional Convention Facility Authority – Citizens Advisory Council – Oakland County Representative seat for a four-year term that
began March 3, 2014 and will end March 2, 2018 be confirmed.
Discussion followed.
Vote on appointment: AYES: Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Scott, Taub, Weipert,
Woodward, Zack, Crawford, Dwyer, Gershenson, Gingell. (16) NAYS: Hatchett, Spisz. (2)
A sufficient majority having voted in favor, the appointment of MiVida Burrus to the Regional Convention
Facility Authority – Citizens Advisory Council – Oakland County Representative seat for a four-year term that began March 3, 2014 and will end March 2, 2018 was confirmed.
MISCELLANEOUS RESOLUTION #14139
BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO AUTHORIZE CITY OF PONTIAC
2014 WATER SUPPLY SYSTEM IMPROVEMENTS CONTRACT AND CITY OF PONTIAC WATER SUPPLY SYSTEM IMPROVEMENTS BONDS, SERIES 2014
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter sometimes referred to as "Act 342"), the Board of Commissioners of the County of Oakland (the "County"), by
Miscellaneous Resolution #12140, adopted May 17, 2012, authorized and directed that there be established a county system of water supply improvements and services to serve the City of Pontiac (the
“City”), said system to be known as the "City of Pontiac Water Supply System" (hereinafter sometimes referred to as the "System"), and designated the Oakland County Water Resources Commissioner as the
county agency for the System with all powers and duties with respect thereto as are provided by Act 342; and
WHEREAS the City is in urgent need of water supply system improvements and facilities constituting a part of the System described in the form of the proposed contract hereinafter mentioned in order to
promote the health and welfare of the residents thereof, which water supply improvements and facilities also would benefit the County and its residents, and the parties to said proposed contract have concluded
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Commissioners Minutes Continued. June 11, 2014
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, 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 to 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 the Board of Commissioners desires to proceed with the Project, the approval and execution
of the Contract to acquire, construct and finance the Project as provided in the Contract and the issuance of bonds by the County in an aggregate principal amount of not to exceed $6,894,663 to defray the cost
of the Project; and WHEREAS the Board of Commissioners also has determined to sell the bonds in a private negotiated
sale to the Michigan Finance Authority (the "Authority") as authorized by Act 227, Public Acts of Michigan, 1985, as amended ("Act 227"), in order to enable the Authority to provide assistance with respect to the
Project from the proceeds of the State of Michigan State Revolving Fund. 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, (i) the water supply system improvements and facilities constituting a part of the
System, as specified and to be located as shown in Exhibit A to the Contract, and (ii) the services provided thereby; that the Project shall serve the City; that the Oakland County Water Resources
Commissioner is hereby designated and appointed as the "County Agency" for the Project; 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 $6,894,663 as the cost thereof and of 40 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 City of Pontiac 2014 Water Supply System Improvements
Contract between the County, by and through the County Agency, 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 Agency 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
to be determined by the County Agency, but not to exceed Six Million Eight Hundred Ninety-Four Thousand Six Hundred Sixty-Three Dollars ($6,894,663) 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.
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5. BOND DETAILS. The bonds shall be designated "City of Pontiac Water Supply System
Improvements Bonds, Series 2014"; shall be dated the date of delivery thereof; shall be numbered from 1 upwards; shall be fully registered; shall be in any denomination not exceeding
the aggregate principal amount for each maturity at the option of the bondholder (provided, however, that so long as the bonds are registered in the name of the Authority, the bonds may be
in the form of a single bond in a denomination equal to the aggregate outstanding principal amount of the bonds, with an exhibit attached thereto that identifies the annual maturities for the
bonds, and references herein to the "bonds" shall mean that single bond registered in the name of the Authority); shall bear interest at a rate or rates as determined by the County Agency, from
the date of delivery of the various principal installments as hereinafter described, payable on such dates as shall be determined by the County Agency; and shall mature on such dates and in such
principal amounts as shall be determined by the County Agency; provided, however, that the final maturity shall not be later than October 1, 2036. The bonds are expected to be delivered to the
Authority as the initial purchaser thereof in installments (the "Installments") equal to the amounts advanced from time to time by the Authority to the County pursuant to the Purchase Contract and
the Supplemental Agreement (each as hereinafter defined).
6. PAYMENT OF PRINCIPAL AND INTEREST. The principal of, premium, if any, and interest on the bonds shall be payable in lawful money of the United States. So long as the bonds are owned
by the Authority, the bonds are payable as to principal, redemption premium, if any, and interest at The Bank of New York Mellon Trust Company, N.A., or at such other place as shall be
designated in writing to the County by the Authority (the "Authority's Depository"). So long as the Authority is the owner of the bonds, the County agrees that it will deposit with the Authority's
Depository payments of the principal of, premium, if any, and interest on the bonds in immediately available funds by 12:00 noon at least five business days prior to the date on which any such
payment is due, whether by maturity, redemption or otherwise. If the bonds are not registered in the name of the Authority, the principal of and premium, if any, on the bonds are payable upon
the surrender thereof at the office of the bond registrar and paying agent and the interest is payable by check or draft mailed by the bond registrar and paying agent to the registered owner
of the bonds at the address appearing on the registration books of the County kept by the bond registrar and paying agent as of the 15th day of the month preceding the month in which an
interest payment is due.
7. 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.
8. BOND REGISTRAR AND PAYING AGENT. Until a successor is appointed by the Board, the
County Treasurer shall act as bond registrar and paying agent.
9. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairperson of the Board of
Commissioners and the County Clerk and authenticated by the manual signature of the bond registrar and paying agent or an authorized representative of the bond registrar and paying agent,
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 Authority as the original
purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price or upon compliance with the terms and conditions of the Purchase Contract.
Additional bonds bearing the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk 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.
10. 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
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and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of
the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond
registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the
County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section,
payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to
which interest has been paid is [appropriate date to be inserted]." The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be
registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on
such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of section 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.
11. 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 CITY OF PONTIAC WATER SUPPLY SYSTEM
IMPROVEMENTS BONDS, SERIES 2014
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE
See Exhibit A
Registered Owner: Michigan Finance Authority
Principal Amount:
The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered
assigns, the Principal Amount or so much thereof as shall have been advanced to the County pursuant to a Purchase Contract between the County and the Michigan Finance Authority (the "Authority") and a
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Supplemental Agreement by and among the County, the Authority and the State of Michigan acting through the Department of Environmental Quality on the maturity dates and in the amounts set forth in
Exhibit A attached hereto, unless redeemed prior thereto as hereinafter provided, the final payment to be made upon presentation and surrender of this bond at the office of the County Treasurer, County of
Oakland, State of Michigan, the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution (as hereinafter defined), and to pay to the
Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon
and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest at the rate per annum specified above on such Principal
Amount, to the extent advanced to the County pursuant to the Purchase Contract and the Supplemental Agreement until the County's obligation with respect to the payment of such Principal Amount is
discharged. Interest is payable on the first day of _______ and _________ in each year, commencing on ________ 1, 201_. Principal and interest are payable in lawful money of the United States of America.
In the event of a default in the payment of principal or interest hereon when due, whether at
maturity, by redemption or otherwise, the amount of such default shall bear interest (the "additional interest") at a rate equal to the rate of interest that is two percent above the Authority's cost of providing
funds (as determined by the Authority) to make payment on the bonds of the Authority issued to provide funds to purchase this bond but in no event in excess of the maximum rate of interest permitted by law.
The additional interest shall continue to accrue until the Authority has been fully reimbursed for all costs incurred by the Authority (as determined by the Authority) as a consequence of the County's default.
Such additional interest shall be payable on the interest payment date following demand of the Authority. In the event that (for reasons other than the default in the payment of any municipal obligation purchased
by the Authority) the investment of amounts in the reserve account established by the Authority for the bonds of the Authority issued to provide funds to purchase this bond fails to provide sufficient available
funds (together with any other funds that may be made available for such purpose) to pay the interest on outstanding bonds of the Authority issued to fund such account, the County shall and hereby agrees to
pay on demand only the County's pro rata share (as determined by the Authority) of such deficiency as additional interest on this bond.
During the time funds are being drawn down by the County under this bond, the Authority will
periodically provide the County a statement showing the amount of principal that has been advanced and the date of each advance, which statement shall constitute prima facie evidence of the reported
information; provided that no failure on the part of the Authority to provide such a statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the County of its obligation to repay
the outstanding principal amount actually advanced, all accrued interest thereon, and any other amount payable with respect thereto in accordance with the terms of this bond.
This bond is issued by the County under and pursuant to and in full conformity with the
Constitution and Statutes of Michigan (especially Act No. 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 system facilities to improve, enlarge and extend the City of Pontiac Water Supply System to serve the County and the City of
Pontiac (the "City"). The bonds 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
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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 shall be in any denomination not exceeding the aggregate principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
This bond is subject to redemption prior to maturity at the option of the County and with the prior written consent of and upon such terms as may be required by the Authority. That portion of the bond
called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same.
Notwithstanding any other provision of this bond, so long as the Authority is the owner of this
bond, (a) this bond is payable as to principal, premium, if any, and interest at The Bank of New York Trust Company, N.A., or at such other place as shall be designated in writing to the County by the Authority
(the "Authority's Depository"); (b) the County agrees that it will deposit with the Authority's Depository payments of the principal of, premium, if any, and interest on this bond in immediately available funds by
12:00 noon at least five business days prior to the date on which any such payment is due whether by maturity, redemption or otherwise; in the event that the Authority's Depository has not received the
County's deposit by 12:00 noon on the scheduled day, the County shall immediately pay to the Authority as invoiced by the Authority an amount to recover the Authority's administrative costs and lost investment
earnings attributable to that late payment; and (c) written notice of any redemption of this bond shall be given by the County and received by the Authority's Depository at least 40 days prior to the date on which
redemption is to be made.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of 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.
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.
By: ___________________________________ Treasurer, County of Oakland
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Bond Registrar and Paying Agent
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________
(please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints
______________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated: ____________________ __________________________________________
Signature Guaranteed: __________________________________________
Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program.
EXHIBIT A
The principal amounts and maturity dates applicable to the bond to which this Exhibit A is
attached are as follows:
MATURITY DATE PRINCIPAL MATURITY
2015 2016
2017 2018
2019 2020
2021 2022
2023 2024
2025 2026
2027 2028
2029 2030
2031 2032
2033 2034
Based on the schedule provided above, unless revised as provided in this paragraph, repayment of
principal of this bond shall be made until the full amount advanced to the County is repaid. In the event the Order of Approval issued by the Department of Environmental Quality (the "Order") approves a
principal amount of assistance less than the amount of this bond, the Authority shall only disburse principal up to the amount stated in the Order. In the event (1) that the payment schedule described
above provides for payment of a total principal amount greater than the amount of assistance approved by the Order or (2) that less than the principal amount of assistance approved by the Order is disbursed
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to the County by the Authority, the Authority shall prepare a new payment schedule that shall be effective upon receipt by the County.
[END OF BOND FORM]
12. 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 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.
13. 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.
14. 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). 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.
15. 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.
16. 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.
17. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The bonds shall be
sold at a private, negotiated sale to the Authority, as authorized by Act 227. It is hereby determined that this method of sale is in the best interests of the County and is calculated to
provide the County with the lowest cost of borrowing money. The sale shall be made pursuant to the terms and conditions to be set forth in a Purchase Contract (the "Purchase Contract") and a
Supplemental Agreement (the "Supplemental Agreement"). The County Agency is authorized to execute and deliver the Supplemental Agreement and the Purchase Contract in such forms as
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shall be approved by the County Agency, with such approval to be evidenced by the County Agency's signature thereon. Notwithstanding any other provision of this Resolution, the bonds
shall be initially sold to the Authority as one bond, numbered 1, in the full aggregate principal amount of the bonds. The County Agency is authorized to execute one or more written orders (i)
containing the determinations that the County Agency is authorized to make as provided in this Resolution and (ii) making such changes in the provisions of the bonds or this Resolution to
comply with the requirements of the Authority or otherwise to enable the bonds to be sold to the Authority. In addition, the Chairperson of the Board of Commissioners, the Clerk, the Treasurer,
the County Agency and other County employees and officials are authorized to execute and deliver to the Authority the Issuer's Certificate and any such certificates and documents as the
Authority or bond counsel shall require and to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this
Resolution.
18. 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 18 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.
19. 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.
20. 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 adoption of the foregoing
resolution. PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #14140
BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO AUTHORIZE OAKLAND COUNTY FARMINGTON HILLS WATER SUPPLY SYSTEM IMPROVEMENTS BONDS, SERIES 2014 BOND RESOLUTION
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS the City of Farmington Hills (the "City") and the County of Oakland (the "County"), by and through the County Water Resources Commissioner (the "County Agency"), have entered into the
Oakland County – Farmington Hills – 2012 Water Supply System Improvements Contract dated as of May 1, 2012 (the "Contract"), pursuant to the provisions of Act 342, Public Acts of Michigan, 1939, as
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amended ("Act 342), and especially Sections 5a, 5b and 5c thereof with respect to the acquisition, construction, and financing of facilities constituting the Oakland County Farmington Hills 2012 Water
Supply System (the "Project"); and WHEREAS by the terms of Act 342, the County and the City are authorized to enter into the Contract for
the acquisition, construction and financing of the Project 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 on August 1, 2012, the County issued its Oakland County Farmington Hills Water Supply
System Bonds, Series 2012, in the aggregate principal amount of $6,800,000 (the "Series 2012 Bonds") to defray a part of the cost of the Project; and
WHEREAS an estimate of the cost of the Project in the amount of $16,900,000 has been approved by the Board of Commissioners of the County as the cost thereof and 30 years and upwards has been approved
as the period of usefulness thereof; and WHEREAS this Board of Commissioners desires to proceed with the financing of those portions of the
Project not financed by the Series 2012 Bonds through the issuance of a second series of bonds of the County in an aggregate principal amount of not to exceed $10,100,000; and
“WHEREAS the County has agreed in a Continuing Covenant Agreement dated as of September 27, 2013, between the County and Bank of America, N.A. (the “Bank of America Continuing Covenant
Agreement”) to provide to Bank of America, N.A. certain information pursuant to Article VI, Section 6.05 (f) of the Bank of America Continuing Covenant Agreement which relates to a final official statement or
other offering or disclosure document prepared in connection with an offering of securities by the County. THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as
follows: 1. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the principal sum
to be determined by the County Agency, but not to exceed Ten Million One Hundred Thousand Dollars ($10,100,000), shall be issued and sold pursuant to the provisions of Act 342, and other
applicable statutory provisions, for the purpose of defraying part of the cost of the Project.
2. BOND DETAILS. The bonds shall be designated "Oakland County Farmington Hills Water Supply System Improvements Bonds, Series 2014," 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.
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and
surrender of the bonds to the bond registrar and paying agent as they severally mature. 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.
4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The
Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best
interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued,
the County may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the bond
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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.
5. 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.
6. 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.
7. 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.
8. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar
and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond.
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Each bond shall be transferable only upon the books of the County, which shall be kept for that
purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by
the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a
new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the
bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse
upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is [appropriate date to be inserted]."
The County and the bond registrar and paying agent may deem and treat the person in whose
name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the
principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of section 3 of this
Resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying
agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge,
expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner.
For every exchange or transfer of bonds, the County or the bond registrar and paying agent may
make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person
requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or
portions of bonds which have been selected for redemption.
9. 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 IMPROVEMENTS BOND, SERIES 2014
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
Registered Owner: Principal Amount:
The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for
value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto
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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:
Redemption Date
Principal Amount of
Bonds to be Redeemed
Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot. (REPEAT IF MORE THAN ONE TERM BOND)
OPTIONAL PRIOR REDEMPTION
Bonds maturing prior to ________ 1, 20__, are not subject to redemption prior to maturity. Bonds
maturing on and after ________ 1, 20__, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates
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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.
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 ______________________________________________________________________________
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(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]
10. 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
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.
11. 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.
12. 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.
13. 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.
14. 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
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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. 15. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency
is hereby authorized to determine the principal amount of the bonds to be sold and to determine the other bond details as described in section 2 hereof and the terms and conditions for prior
redemption as described in section 5 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
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.
16. 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 16 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.
17. 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 paragraphs (b)(3) and (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board.
18. 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.
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19. 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.
20. NOTICE OF ISSUANCE OF BONDS. Within thirty (30) days after the issuance of the bonds, either (1) a copy of the final official statement or other offering or disclosure document prepared
by the County in connection with the issuance of the bonds or (2) notice that such information has been filed with the Electronic Municipal Market Access system of the Municipal Securities
Rulemaking Board and is publicly available shall be furnished to Bank of America, N.A. at the following locations:
Bank of America, N.A. Mail Code: IL4-135-07-28
135 South LaSalle Street Chicago, IL 60603
Attention: Thomas R. Denes
Bank of America, N.A. Public Sector Banking Group
Mail Code: MI8-900-02-70 2600 W. Big Beaver Road
Troy, MI 48084 Attention: Susan Pendygraft,
Senior Credit Support Association
In accordance with the Bank of America Continuing Covenant Agreement, the notices provided
for above shall be in writing and shall be transmitted by e-mail to the following addresses: ryan.denes@baml.com and susan.pendygraft@baml.com.
21. 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 adoption of the foregoing
resolution. PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #14141
BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO AUTHORIZE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS MIDDLEBELT TRANSPORT AND STORAGE TUNNEL CONTRACT AND EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
MIDDLEBELT/TRANSPORT AND STORAGE TUNNEL BONDS, SERIES 2014 To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter sometimes
referred to as "Act 342"), the Board of Commissioners of the County of Oakland (the "County"), by Resolution No. 7674, adopted September 2, 1976, authorized and directed that there be established by
consolidation and merger a county system of sewage disposal improvements and services to serve municipalities in the County, said system to be known as the "Evergreen and Farmington Sewage
Disposal Systems" (hereinafter sometimes referred to as the "System"), and designated the Oakland
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County Drain Commissioner (now the Oakland County Water Resources Commissioner) as the county agency for the System with all powers and duties with respect thereto as are provided by Act 342; and
WHEREAS the City of Farmington Hills, the City of Keego Harbor, the City of Orchard Lake Village and the Charter Township of West Bloomfield (collectively, the "Municipalities") are in urgent need of sewage
disposal system improvements and facilities constituting a part of the System described in the form of the proposed contract hereinafter mentioned in order to promote the health and welfare of the residents
thereof, which sewage disposal improvements and facilities 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, and especially Sections 5a, 5b and 5c thereof; and
WHEREAS by the terms of Act 342, the County and the Municipalities are authorized to enter into a contract for the acquisition, construction and financing of the sewage disposal system improvements and
facilities to serve the Municipalities and for the payment of the cost thereof by the Municipalities, 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 Municipalities, party of the second part (the "Contract"), which Contract provides for the
acquisition, construction and financing of the sewage disposal system improvements and facilities to 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 sewage
disposal system improvements and facilities; and WHEREAS the Board of Commissioners desires to proceed with the Project, the approval and execution
of the Contract to acquire, construct and finance the Project as provided in the Contract and the issuance of bonds by the County in an aggregate principal amount of not to exceed $46,600,000 to defray the cost
of the Project; and WHEREAS the Board of Commissioners also has determined to sell the bonds in a private negotiated
sale to the Michigan Finance Authority (the "Authority") as authorized by Act 227, Public Acts of Michigan, 1985, as amended ("Act 227"), in order to enable the Authority to provide assistance with respect to the
Project from the proceeds of the State of Michigan State Revolving Fund. 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, (i) the sewage disposal system improvements and facilities constituting a part of the
System, as specified and to be located as shown in Exhibit A to the Contract and (ii) the services provided thereby; that the Project shall serve the Municipalities; that the Oakland County Water
Resources Commissioner is hereby designated and appointed as the "County Agency" for the Project; 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 Municipalities 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 $46,600,000 as the cost thereof and of 40 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 Evergreen and Farmington Sewage Disposal Systems
Middlebelt Transport and Storage Tunnel Contract between the County, by and through the County Agency, party of the first part, and the Municipalities, party of the second part, which
Contract has been submitted to this Board of Commissioners, is hereby approved and adopted, and the County Agency is hereby authorized and directed to execute and deliver the same for
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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
to be determined by the County Agency, but not to exceed Forty-Six Million Six Hundred Thousand Dollars ($46,600,000) 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 "Evergreen and Farmington Sewage Disposal
Systems Middlebelt Transport and Storage Tunnel Bonds, Series 2014"; shall be dated the date of delivery thereof; shall be numbered from 1 upwards; shall be fully registered; shall be in any
denomination not exceeding the aggregate principal amount for each maturity at the option of the bondholder (provided, however, that so long as the bonds are registered in the name of the
Authority, the bonds may be in the form of a single bond in a denomination equal to the aggregate outstanding principal amount of the bonds, with an exhibit attached thereto that
identifies the annual maturities for the bonds, and references herein to the "bonds" shall mean that single bond registered in the name of the Authority); shall bear interest at a rate or rates as
determined by the County Agency, from the date of delivery of the various principal installments as hereinafter described, payable on such dates as shall be determined by the County Agency;
and shall mature on such dates and in such principal amounts as shall be determined by the County Agency; provided, however, that the final maturity shall not be later than October 1, 2036.
The bonds are expected to be delivered to the Authority as the initial purchaser thereof in installments (the "Installments") equal to the amounts advanced from time to time by the Authority
to the County pursuant to the Purchase Contract and the Supplemental Agreement (each as hereinafter defined).
6. PAYMENT OF PRINCIPAL AND INTEREST. The principal of, premium, if any, and interest on
the bonds shall be payable in lawful money of the United States. So long as the bonds are owned by the Authority, the bonds are payable as to principal, redemption premium, if any, and
interest at The Bank of New York Mellon Trust Company, N.A., or at such other place as shall be designated in writing to the County by the Authority (the "Authority's Depository"). So long as the
Authority is the owner of the bonds, the County agrees that it will deposit with the Authority's Depository payments of the principal of, premium, if any, and interest on the bonds in immediately
available funds by 12:00 noon at least five business days prior to the date on which any such payment is due, whether by maturity, redemption or otherwise. If the bonds are not registered in
the name of the Authority, the principal of and premium, if any, on the bonds are payable upon the surrender thereof at the office of the bond registrar and paying agent and the interest is
payable by check or draft mailed by the bond registrar and paying agent to the registered owner of the bonds at the address appearing on the registration books of the County kept by the bond
registrar and paying agent as of the 15th day of the month preceding the month in which an interest payment is due.
7. 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.
8. BOND REGISTRAR AND PAYING AGENT. Until a successor is appointed by the Board, the County Treasurer shall act as bond registrar and paying agent.
9. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in
the name of the County by the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of the bond
registrar and paying agent or an authorized representative of the bond registrar and paying agent, 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 Authority as the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt
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of the purchase price or upon compliance with the terms and conditions of the Purchase Contract. Additional bonds bearing the manual or facsimile signatures of the Chairperson of the Board of
Commissioners and the County Clerk 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.
10. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond
registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the
option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same
rate of interest as the surrendered bond.
Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a
written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the
County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section,
payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to
which interest has been paid is [appropriate date to be inserted]."
The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such
bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any
such registered owner, or upon his order, in accordance with the provisions of section 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.
11. 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
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COUNTY OF OAKLAND EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS
MIDDLEBELT TRANSPORT AND STORAGE TUNNEL BONDS, SERIES 2014
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE
See Exhibit A
Registered Owner: Michigan Finance Authority Principal Amount:
The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to and for
value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount or so much thereof as shall have been advanced to the County pursuant to a
Purchase Contract between the County and the Michigan Finance Authority (the "Authority") and a Supplemental Agreement by and among the County, the Authority and the State of Michigan acting
through the Department of Environmental Quality on the maturity dates and in the amounts set forth in Exhibit A attached hereto, unless redeemed prior thereto as hereinafter provided, the final payment to be
made upon presentation and surrender of this bond at the office of the County Treasurer, County of Oakland, State of Michigan, the bond registrar and paying agent, or at such successor bond registrar and
paying agent as may be designated pursuant to the Resolution (as hereinafter defined), and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the
calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered
Owner at the registered address, interest at the rate per annum specified above on such Principal Amount, to the extent advanced to the County pursuant to the Purchase Contract and the Supplemental
Agreement until the County's obligation with respect to the payment of such Principal Amount is discharged. Interest is payable on the first day of _______ and _________ in each year, commencing on
________ 1, 201_. Principal and interest are payable in lawful money of the United States of America.
In the event of a default in the payment of principal or interest hereon when due, whether at maturity, by redemption or otherwise, the amount of such default shall bear interest (the "additional
interest") at a rate equal to the rate of interest that is two percent above the Authority's cost of providing funds (as determined by the Authority) to make payment on the bonds of the Authority issued to provide
funds to purchase this bond but in no event in excess of the maximum rate of interest permitted by law. The additional interest shall continue to accrue until the Authority has been fully reimbursed for all costs
incurred by the Authority (as determined by the Authority) as a consequence of the County's default. Such additional interest shall be payable on the interest payment date following demand of the Authority.
In the event that (for reasons other than the default in the payment of any municipal obligation purchased by the Authority) the investment of amounts in the reserve account established by the Authority for the
bonds of the Authority issued to provide funds to purchase this bond fails to provide sufficient available funds (together with any other funds that may be made available for such purpose) to pay the interest on
outstanding bonds of the Authority issued to fund such account, the County shall and hereby agrees to pay on demand only the County's pro rata share (as determined by the Authority) of such deficiency as
additional interest on this bond.
During the time funds are being drawn down by the County under this bond, the Authority will periodically provide the County a statement showing the amount of principal that has been advanced and
the date of each advance, which statement shall constitute prima facie evidence of the reported information; provided that no failure on the part of the Authority to provide such a statement or to reflect a
disbursement or the correct amount of a disbursement shall relieve the County of its obligation to repay the outstanding principal amount actually advanced, all accrued interest thereon, and any other amount
payable with respect thereto in accordance with the terms of this bond.
This bond is issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a
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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 sewage disposal facilities to
improve, enlarge and extend the Evergreen and Farmington Sewage Disposal Systems to serve the County and the City of Farmington Hills, the City of Keego Harbor, the City of Orchard Lake Village and
the Charter Township of West Bloomfield (collectively, the "Municipalities"). The bonds are issued in anticipation of payments to be made by the Municipalities, in the aggregate principal amount of
___________________________ Dollars ($____________), pursuant to a contract between the County and the Municipalities. The full faith and credit of the Municipalities 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 Municipalities 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 shall be in any denomination not exceeding the aggregate
principal amount for each maturity.
The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption.
This bond is subject to redemption prior to maturity at the option of the County and with the prior
written consent of and upon such terms as may be required by the Authority. That portion of the bond called for redemption shall not bear interest after the date fixed for redemption, provided funds are on
hand with the bond registrar and paying agent to redeem the same.
Notwithstanding any other provision of this bond, so long as the Authority is the owner of this bond, (a) this bond is payable as to principal, premium, if any, and interest at The Bank of New York Trust
Company, N.A., or at such other place as shall be designated in writing to the County by the Authority (the "Authority's Depository"); (b) the County agrees that it will deposit with the Authority's Depository
payments of the principal of, premium, if any, and interest on this bond in immediately available funds by 12:00 noon at least five business days prior to the date on which any such payment is due whether by
maturity, redemption or otherwise; in the event that the Authority's Depository has not received the County's deposit by 12:00 noon on the scheduled day, the County shall immediately pay to the Authority
as invoiced by the Authority an amount to recover the Authority's administrative costs and lost investment earnings attributable to that late payment; and (c) written notice of any redemption of this bond shall be
given by the County and received by the Authority's Depository at least 40 days prior to the date on which redemption is to be made.
It is hereby certified, recited and declared that all acts, conditions and things required to exist,
happen and be performed precedent to and in the issuance of 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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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.
By: ___________________________________ Treasurer, County of Oakland
Bond Registrar and Paying Agent
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________
(please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints
______________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated: ____________________ __________________________________________
Signature Guaranteed: __________________________________________
Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program.
EXHIBIT A
The principal amounts and maturity dates applicable to the bond to which this Exhibit A is attached are as follows:
MATURITY DATE PRINCIPAL MATURITY
2015 2016
2017 2018
2019 2020
2021 2022
2023 2024
2025 2026
2027 2028
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2029 2030
2031 2032
2033 2034
Based on the schedule provided above, unless revised as provided in this paragraph, repayment of
principal of this bond shall be made until the full amount advanced to the County is repaid. In the event the Order of Approval issued by the Department of Environmental Quality (the "Order") approves a
principal amount of assistance less than the amount of this bond, the Authority shall only disburse principal up to the amount stated in the Order. In the event (1) that the payment schedule described
above provides for payment of a total principal amount greater than the amount of assistance approved by the Order or (2) that less than the principal amount of assistance approved by the Order is disbursed
to the County by the Authority, the Authority shall prepare a new payment schedule that shall be effective upon receipt by the County.
[END OF BOND FORM]
12. SECURITY. The bonds shall be issued in anticipation of payments to be made by the
Municipalities pursuant to the Contract. The bonds shall be secured primarily by the full faith and credit pledge made by the Municipalities 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 any of the Municipalities shall fail to make a payment to the County which is sufficient to pay their respective share of 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.
13. 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.
14. 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). All payments received from the Municipalities 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.
15. 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.
16. 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
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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.
17. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The bonds shall be sold at a private, negotiated sale to the Authority, as authorized by Act 227. It is hereby
determined that this method of sale is in the best interests of the County and is calculated to provide the County with the lowest cost of borrowing money. The sale shall be made pursuant to
the terms and conditions to be set forth in a Purchase Contract (the "Purchase Contract") and a Supplemental Agreement (the "Supplemental Agreement"). The County Agency is authorized to
execute and deliver the Supplemental Agreement and the Purchase Contract in such forms as shall be approved by the County Agency, with such approval to be evidenced by the County
Agency's signature thereon. Notwithstanding any other provision of this Resolution, the bonds shall be initially sold to the Authority as one bond, numbered 1, in the full aggregate principal
amount of the bonds. The County Agency is authorized to execute one or more written orders (i) containing the determinations that the County Agency is authorized to make as provided in this
Resolution and (ii) making such changes in the provisions of the bonds or this Resolution to comply with the requirements of the Authority or otherwise to enable the bonds to be sold to the
Authority. In addition, the Chairperson of the Board of Commissioners, the Clerk, the Treasurer, the County Agency and other County employees and officials are authorized to execute and
deliver to the Authority the Issuer's Certificate and any such certificates and documents as the Authority or bond counsel shall require and to do all other things necessary to effectuate the sale,
issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this Resolution.
18. 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 18 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.
19. 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.
20. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded.
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Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #14142 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/OAKLAND COUNTY PARKS AND RECREATION COMMISSION – LEASE AMENDMENT #1 – OAKLAND COUNTY 4-H FAIR
ASSOCIATION – SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Springfield Oaks County Park; and
WHEREAS a building, identified as Building E at 12451 Andersonville Road, Davisburg, Michigan 48350, is located on the grounds of Springfield Oaks County Park; and
WHEREAS the Oakland County Parks and Recreation Commission approved a lease of said building (Building E) located at 12451 Andersonville Road, Davisburg, Michigan 48350, to the Oakland County 4-
H Fair Association for a period commencing March 26, 2009 through September 30, 2014 at the February 11, 2009 meeting; and
WHEREAS Miscellaneous Resolution #09051 was adopted by the Oakland County Board of Commissioners on March 26, 2009 approving the Lease Agreement for Building E/Administration Building
at 12451 Andersonville Road, Davisburg, Michigan between the County of Oakland and Oakland County 4-H Fair Association, a non-profit organization, for a term ending September 30, 2010 and authorizing
four (1) automatic one-year renewals through September 30, 2014; 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 Amendment #1.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and authorizes Amendment #1 to the Lease Agreement between the County of Oakland and the Oakland
County 4-H Fair Association, a non-profit organization, for the building (Building E) located at 12451 Andersonville Road, Davisburg, Michigan 48350, for the term ending September 30, 2016 and directs its
Chairperson or designee to execute said lease on behalf of the County of Oakland. Chairperson on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution. PLANNING AND BUILDING COMMITTEE
Copy of Correspondence from Phil Castonia, Business Development Representative, Lease Amendment
#1 – Oakland County 4-H Fair Association – Springfield Oaks County Park, First Amendment to Building Lease Between the County of Oakland and the 4-H Fair Association and Exhibit B – Building E –
Springfield Oaks County Park on file in County Clerk’s office.
The Chairperson referred the resolution to the Finance Committee. There were no objections.
MISCELLANEOUS RESOLUTION #14143 BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE – TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT FOR K-9 DOG (GIO)
WHEREAS Patrick Hatfield is a Sergeant with the Oakland County Sheriff's Office, Canine Unit (Unit); and
WHEREAS while Sergeant Hatfield has worked in this Unit, he has handled the same canine, GIO; and WHEREAS the Oakland County Sheriff’s Office wishes to retire GIO from the Unit, transfer ownership of
GIO to Sergeant Hatfield, and release all claims and liability the County may have with respect to GIO; and
WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership and Release of Claims Agreement is attached.
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NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves transferring ownership of GIO to Sergeant Patrick Hatfield per the attached Transfer of Ownership and
Release of Claims Agreement for $1, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute the agreement as attached.
Chairperson on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE
Copy of Transfer of Ownership and Release of Claims 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 #14144 BY: Commissioner Jim Runestad, District #6
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CHARTER TOWNSHIP OF WHITE LAKE – 2014 GRAVEL ROAD
PROGRAM – PROJECT NO. 52382 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, 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 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; and
WHEREAS the Charter Township of White 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 1/3 share of the funding for the project in the Charter Township of White Lake and said appropriation has been transferred to a project account; and
WHEREAS the Charter Township of White Lake has demonstrated that it has authorized its 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 2014 authorized amount of Tri-Party Road Improvement funding for Project 52382 in the Charter Township of White Lake is $29,381.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of White Lake and authorizes the release of Tri-
Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement,
which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution.
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 White Lake. Chairperson, I move the adoption of the foregoing Resolution.
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JIM RUNESTAD
Copy of Correspondence from Patricia Z. Wierzbicki, RCOC Deputy-Secretary/Clerk, Correspondence from Thomas G. Noechel, RCOC Programming Supervisor, Cost Participation Agreement and Exhibit A –
Tri-Party Program 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 #14145 BY: Commissioners Nancy Quarles, District #17 and Janet Jackson, District #21
IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CITY OF SOUTHFIELD – RECONSTRUCTION OF SOUTHBOUND
GREENFIELD ROAD FROM 8 MILE ROAD TO NORTH OF 9 MILE ROAD – PROJECT NO. 51831 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, 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 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; and
WHEREAS the City of Southfield, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and
WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Southfield and said appropriation has been transferred to a project account; and
WHEREAS the City of Southfield has demonstrated that it has authorized its 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 2014 authorized amount of Tri-Party Road Improvement funding for Project 51831 in the City of Southfield is $162,000.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Southfield and authorizes the release of Tri-Party Road
Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement,
which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution.
BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution.
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
Southfield. Chairperson, I move the adoption of the foregoing resolution.
JANET JACKSON
Copy of Correspondence from Patricia Z. Wierzbicki, RCOC Deputy-Secretary/Clerk, Correspondence from Thomas G. Noechel, RCOC Programming Supervisor, Cost Participation Agreement, Exhibit A – Tri-
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Party Program and City of Southfield Resolution of Support 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 #14146
BY: Commissioner Phil Weipert, District #8 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CITY OF SOUTH LYON – IMPROVEMENTS TO 10 MILE ROAD FROM DIXBORO ROAD TO STRYKER STREET – PROJECT NO. 52441
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, 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 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; and WHEREAS the City of South 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 1/3 share of the funding for the project in the City of South
Lyon and said appropriation has been transferred to a project account; and WHEREAS the City of South Lyon has demonstrated that it has authorized its 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 2014 authorized amount of Tri-
Party Road Improvement funding for Project 52441 in the City of South Lyon is $28,485. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of South Lyon and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated
in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will
require a separate Finance Committee resolution. 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 South Lyon.
Chairperson, I move the adoption of the foregoing resolution. PHIL WEIPERT
Copy of Correspondence from Patricia Z. Wierzbicki, RCOC Deputy-Secretary/Clerk, Correspondence
from Thomas G. Noechel, RCOC Programming Supervisor, Cost Participation Agreement, Exhibit A – Tri-Party Program, Exhibit – B Provisions and Exhibit – C Liability and Insurance Requirements Incorporated
by Reference. Original on file in County Clerk’s office.
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The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #14147 BY: Commissioner Shelley Goodman Taub, District #12
IN RE: BOARD OF COMMISSIONERS – ANY NEW REVENUES FROM STATE ROAD TAXES SHOULD BE RESTRICTED TO EXPENDITURES ON STATE AND LOCAL ROADWAYS AND
BRIDGES To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS the poor condition of many of Michigan’s roads and bridges has led to the introduction and
consideration of numerous bills in the Michigan Legislature to increase revenues available for roads; and WHEREAS existing taxes and fees relating to gasoline and vehicle registration have been dedicated to
many non-road related expenditures such as: administration, aeronautics, mass transit, recreation and railways; and
WHEREAS increases to new taxes or fees provide the Legislature an opportunity to dedicate new revenues outside of existing formulas and prohibit funds from being expended on anything except much
needed construction and repairs to Michigan’s roads and bridges; and WHEREAS the Michigan Transportation Asset Management Council reports that 25.4% of paved roads in
Oakland County are rated “poor” or worse. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls upon the
Governor of the State of Michigan and members of the Michigan Legislature to dedicate all new revenues from road related taxes and fees solely to expenditures on state and local roadways and bridges.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to Governor Rick Snyder. the Oakland County delegation to the
Michigan Legislature, the Michigan Association of Counties; the Road Commission of Oakland County and the Oakland County legislative lobbyists.
Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, MICHAEL SPISZ, ROBERT
GOSSELIN, TOM MIDDLETON, JOHN SCOTT, KATHY CRAWFORD, PHIL WEIPERT, BOB
HOFFMAN, MICHAEL GINGELL, BILL DWYER
The Chairperson referred the resolution to the General Government Committee. There were no objections.
MISCELLANEOUS RESOLUTION #14148
BY: Commissioner Shelley Goodman Taub, District #12 IN RE: BOARD OF COMMISSIONERS – ENCOURAGE ROAD COMMISSION OF OAKLAND
COUNTY TO ENACT A SEE CLICK FIX PROGRAM FOR REPORTING POTHOLES AND OTHER NON EMERGENCY ROAD PROBLEMS
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has always been a leader in the use of technology to provide better services, decrease costs and increase innovation; and
WHEREAS the long difficult winter combined with a chronically underfunded road system has resulted in an enormous number of potholes and severe deterioration to Oakland County roads; and
WHEREAS the Road Commission of Oakland County is to be commended for taking steps to be both proactive and cost effective in their approach to this problem, as outlined in their “six-point” plan; and
WHEREAS current opportunities exist for county citizens to report potholes through a toll free number or by email but an innovative program through smart phone technology could also enhance services; and
WHEREAS the program “SeeClickFix” is an interactive tool that allows citizens to use the photo and geographic location capabilities on their smart phones to report problems; and
WHEREAS “SeeClickFix” is available at no cost to citizens and the pricing information available online for other government entities that use the system appear reasonable; and
WHEREAS the opportunity exists to utilize the interactive nature of “SeeClickFix” to save taxpayer dollars by allowing engineers a preliminary look at damage before going on site and for better planning; and
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WHEREAS citizens have begun to utilize this tool as a private site outside of Oakland County government as the popularity of “SeeClickFix” increases in popularity and public awareness; and
WHEREAS other county road commissions have integrated “SeeClickFix” into their websites and RCOC should consider offering this useful service to their customers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners encourages the Road Commission of Oakland County to strongly consider incorporating a “SeeClickFix” program for
citizen interaction in reporting potholes and non-emergency road problems. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of this adopted resolution to the Road Commission of Oakland County. Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB, MICHAEL SPISZ, JEFF MATIS, BOB HOFFMAN, BILL DWYER,
MICHAEL GINGELL
The Chairperson referred the resolution to the General Government Committee. There were no objections.
MISCELLANEOUS RESOLUTION #14149
BY: Commissioner Shelley Goodman Taub, District #12 IN RE: BOARD OF COMMISSIONERS – CREATION OF AD HOC COMMITTEE TO INVESTIGATE
POTENTIAL COST SAVINGS MEASURES FOR ROAD REPAIR AND CONSTRUCTION To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS SEMCOG reports that 30% of Oakland County roads are in poor condition and nearly 23% of
bridges are in a deficient state; and WHEREAS the average Michigan household pays an extra $3,014 per year in costs thanks to inadequate
roads, highways and bridges, according to a new study by TRIP, a Washington, D.C.-based transportation research firm; and
WHEREAS long existing traffic congestion issues and severely deteriorated roads limit economic growth and the ability to attract new investment; and
WHEREAS asking for funding solutions from Washington and Lansing should only be one part of a strategy to ensure every single dollar available for roads is put to good use; and
WHEREAS Oakland County government has long been a leader in innovation, excellent service and cost saving measures; and
WHEREAS further dialogue could open opportunities to continue this record in collaboration in the area road repair and construction; and
WHEREAS a coordinated effort to marshal all available county resources to tackle the problem of badly deteriorated roads is in the best interest of all citizens and job providers in Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby creates an ad hoc committee on Cost Savings Measures for Road Repair and Construction to study and report to
the Board recommendations on policy initiatives for coordinated action between county departments and the Road Commission of Oakland County to maximize the use of road repair dollars.
BE IT FURTHER RESOLVED that the ad hoc committee shall be appointed by the Chairman of the Board and consist of two commissioners of the majority caucus and one commissioner of the minority
caucus; a representative of the County Executive and a representative of the Road Commission of Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Road Commission of Oakland County and the Oakland County
Executive. Chairperson, we move the adoption of the foregoing resolution.
SHELLEY TAUB, MICHAEL SPISZ, KATHY CRAWFORD, TOM MIDDLETON, ROBERT
GOSSELIN, JOHN SCOTT, MICHAEL GINGELL, PHIL WEIPERT, CHRISTINE LONG,
BOB HOFFMAN, BILL DWYER, JEFF MATIS
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The Chairperson referred the resolution to the General Government Committee. There were no objections.
MISCELLANEOUS RESOLUTION #14150
BY: Commissioner Dave Woodward, District #19 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL
YEAR 2014 APPROPRIATION – CITY OF ROYAL OAK – PEDESTRIAN CROSSWALK FOR 11 MILE ROAD AT WILLIAMS STREET – PROJECT NO. 52421
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, 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 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; and WHEREAS the City of Royal Oak, along with the RCOC has identified a project and said project is ready
to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Royal
Oak and said appropriation has been transferred to a project account; and WHEREAS the City of Royal Oak has demonstrated that it has authorized its 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 2014 authorized amount of Tri-
Party Road Improvement funding for Project 52421 in the City of Royal Oak is $6,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the project submitted by the City of Royal Oak and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance.
BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated
in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will
require a separate Finance Committee resolution. 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 Royal Oak.
Chairperson, I move the adoption of the foregoing resolution. DAVE WOODWARD
Copy of Correspondence from Patricia Z. Wierzbicki, RCOC Deputy-Secretary/Clerk, Correspondence
from Thomas G. Noechel, RCOC Programming Supervisor, Cost Participation Agreement, Exhibit A – Tri-Party Program, Exhibit B – Provisions, Exhibit C – Liability and 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.
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Commissioner Matis addressed the Board to announce that there is a Women in Leadership Summit which is to be held on June 20th at 9:00 a.m. in the Oakland Intermediate School District Conference
Center on Pontiac Lake Road.
The Board adjourned at 8:40 p.m. to the call of the Chair or July 16, 2014, at 7:00 p.m.
LISA BROWN MICHAEL J. GINGELL Clerk Chairperson
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