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Home My WebLink AboutMinutes - 2014.07.16 - 7939 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES July 16, 2014 Meeting called to order by Chairperson Michael Gingell at 7:18 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack. (18) EXCUSED ABSENCE WITH NOTICE: Hoffman, Quarles, Runestad. (3) Quorum present. Invocation given by Dave Woodward Pledge of Allegiance to the Flag. Moved by Spisz supported by McGillivray the minutes of the June 11, 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 amended, as follows: ITEMS NOT ON BOARD AGENDA PLANNING AND BUILDING COMMITTEE j. Economic Development & Community Affairs – Affiliated Test Bed Memorandum of Agreement for the Connected Car Task Force. Vote on Agenda, as amended: AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic. (18) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. 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 6756 Dixie Highway Project in Independence Township. Is there anyone present who wishes to speak? No one requested to speak and the Chairperson declared Public Hearing closed. Chairperson Michael Gingell addressed the Board to introduce County Executive, L. Brooks Patterson. County Executive, L. Brooks Patterson addressed the Board to give a presentation on the Recommended FY 2015-2017 Triennial Budget. Discussion followed. 318 Commissioners Minutes Continued. July 16, 2014 Chairperson Michael Gingell addressed the Board to thank County Executive, L. Brooks Patterson. Chairperson Michael Gingell addressed the Board to introduce Commissioners Scott, Middleton, Long and McGillivray. Commissioner Scott, Middleton, Long and McGillivray addressed the Board to present a proclamation to Sue Wells, CPRP, Manager of Parks and Recreation Operations, honoring Waterford Oaks Bicycle MotoCross Track and its 40th year Anniversary. Many state, national and even international competitions have been held at the track that has garnered positive recognition such as the 1994 Union Cylcliste Internationale World Championship of BMX, the 1983 ESPN BMX Pro Spectacular, the 2007 USA Cycling BMX National Championships and the distinction of being the host track for the first round of qualifying races for the 2008 USA Olympic BMX Team. Sue Wells, CPRP, Manager of Parks and Recreation Operations addressed the Board. Chairperson Michael Gingell addressed the Board to introduce the following Commissioners on the (Public Services Committee Study Group) Bosnic, Spisz, Taub, Dwyer, Gershenson, Matis, Taub, McGillivray and Zack to present the 2014 Achievement Award Winner for their program entitled: Prevent Gun Violence in Oakland County and Public Awareness. Commissioner Dwyer addressed the Board to acknowledge Chris Ward, Senior Board Analyst. Commissioner Gershenson addressed the Board to acknowledge Julia Ruffin, Board of Commissioner Liaison and Tracy Stolzenfeld Committee Coordinator. Commissioner Zack addressed the Board. Oakland County Clerk – Register of Deeds, Lisa Brown read a communication from Michael Patton, Chief of Police, West Bloomfield regarding the 2014 Achievement Award Winner from National Associations of Counties (NACo), to Oakland County (Public Services Committee) for their program entitled: Prevent Gun Violence in Oakland and Public Awareness; and to thank all the Commissioners for doing a great job. The Communication was received and filed. Oakland County Clerk – Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell, appointing the following to position of Peer Review Group Member within the Oakland County Michigan, 2014 Remonumentation program: Joseph C. Kapelczak P.S. 24598 County Contract #3374 Huston Kennedy P.S. 17623 County Contract #3371 Raymond McCoy P.S. 21270 County Contract #3373 David P. Smith P.S. 33140 County Contract #3377 Christopher Asiala P.S. 49376 County Contract #3376 Timothy Hart P.S. 33136 County Contract #3372 Ginger Michalski-Wallace P.S. 47964 County Contract #3403 Gary M. Chalice P.S. 55939 County Contract #3384 The approval of the above appointed Peer Review Group Members shall be retroactive to June 12, 2014. Without objection the appointments were confirmed. Oakland County Clerk – Register of Deeds, Lisa Brown read a communication from Ida Herron, County Clerk Records Specialist, to thank all the Oakland County Commissioners and staff for the Beautiful flower arrangement and the continuation of cards, sent to her during her time off. The Communication was received and filed. Chairperson Michael Gingell addressed the Board to acknowledge Ida Herron, County Clerk Records Specialist and welcome her back. The following people addressed the Board during public comment: Jim Endres, Karen Irwin and Pam Sordyl. 319 Commissioners Minutes Continued. July 16, 2014 Moved by Weipert supported by Jackson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 372. The resolutions on the amended Consent Agenda follow (annotated by an asterisk {*}): *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. 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. 320 Commissioners Minutes Continued. July 16, 2014 FISCAL NOTE (MISC. #14144) BY: Finance Committee, Tom Middleton, Chairperson 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: 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 $29,381 is available in the General Fund Assigned Fund Balance for Tri-Party 2014 and prior funding (account #383510) for project 52382. 3. This project is for the spreading of gravel and chloride on various roads within the township. 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. 6. The FY 2014 budget be amended as follows: GENERAL FUND (#10100) FY 2014 Revenue 9010101-196030-665882 Planned Use of Balance $ 29,381 Total Revenues $ 29,381 Expenditures 9010101-153010-740135 Road Commission Tri-Party $ 29,381 Total Expenditures $ 29,381 FINANCE COMMITTEE (The vote for this motion appears on page 372.) *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 321 Commissioners Minutes Continued. July 16, 2014 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- Party Program and City of Southfield Resolution of Support Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14145) BY: Finance Committee, Tom Middleton, Chairperson 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: 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 $162,000 is available in the General Fund Assigned Fund Balance for Tri-Party 2014 and prior funding (account #383510) for project 51831. 3. This project is for the reconstruction of southbound Greenfield Road from 8 Mile Road to north of 9 Mile Road. 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. 6. The FY 2014 budget be amended as follows: GENERAL FUND (#10100) FY 2014 Revenue 9010101-196030-665882 Planned Use of Balance $ 162,000 Total Revenues $ 162,000 322 Commissioners Minutes Continued. July 16, 2014 Expenditures 9010101-153010-740135 Road Commission Tri-Party $ 162,000 Total Expenditures $ 162,000 FINANCE COMMITTEE (The vote for this motion appears on page 372.) *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. 323 Commissioners Minutes Continued. July 16, 2014 FISCAL NOTE (MISC. #14146) BY: Finance Committee, Tom Middleton, Chairperson 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: 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 $28,485 is available in the General Fund Assigned Fund Balance for Tri-Party 2014 and prior funding (account #383510) for project 52441 3. This project is for the milling and resurfacing of 10 Mile Road from Dixboro Road to Stryker Street. 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. 6. The FY 2014 budget be amended as follows: GENERAL FUND (#10100) FY 2014 Revenue 9010101-196030-665882 Planned Use of Balance $ 28,485 Total Revenues $ 28,485 Expenditures 9010101-153010-740135 Road Commission Tri-Party $ 28,485 Total Expenditures $ 28,485 FINANCE COMMITTEE (The vote for this motion appears on page 372.) *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 324 Commissioners Minutes Continued. July 16, 2014 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 and Exhibit C – Liability and Insurance Requirements Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14150) BY: Finance Committee, Tom Middleton, Chairperson 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: 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 $6,000 is available in the General Fund Assigned Fund Balance for Tri-Party 2014 and prior funding (account #383510) for project 52421. 3. This project is for the construction of a pedestrian crosswalk on 11 Mile Road at Williams Street. 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. 6. The FY 2014 budget be amended as follows: GENERAL FUND (#10100) FY 2014 Revenue 9010101-196030-665882 Planned Use of Balance $ 6,000 Total Revenues $ 6,000 Expenditures 325 Commissioners Minutes Continued. July 16, 2014 9010101-153010-740135 Road Commission Tri-Party $ 6,000 Total Expenditures $ 6,000 FINANCE COMMITTEE (The vote for this motion appears on page 372.) *MISCELLANEOUS RESOLUTION #14151 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND VAN BUREN CHARTER TOWNSHIP FOR THE FIRE RECORDS MANAGEMENT SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners approved the acquisition of the Fire Records Management System in Miscellaneous Resolution #99309; and WHEREAS the purpose of the Fire Records Management System is to capture and create fire records from the inception of a 9-1-1 call, to include the additional computer-aided dispatch information, and complete the recording in a standard records management system, promoting communication and the sharing of fire records among the municipalities that participate; and WHEREAS the Department of Information Technology, the Department of Corporation Counsel, and the Fire Governance Committee have developed a Fire Records Management System Interlocal Agreement setting forth the rights and obligations of the County and the municipalities participating in the Fire Records Management System; and WHEREAS the Oakland County Board of Commissioners authorized the execution of the attached Interlocal Agreement with specific municipalities in Miscellaneous Resolution #02045; and WHEREAS Van Buren Township Fire Department would like to participate in the Fire Records Management System beginning September 1, 2014 and will be responsible for the following annual fees • $4,902 annual department fee • $1,401 annual each additional station fee ; and WHEREAS the addition of Van Buren Township Fire Department will require a one-time purchase of two additional FRMS software licenses at $2,800 each and increase the annual software maintenance by $568 for each license; and WHEREAS an invoice shall be submitted to Van Buren Township Fire Department to include the reimbursement of software license and maintenance purchases due under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the attached Fire Records Management System Inter- local Agreement with Van Buren Charter Township. BE IT FURTHER RESOLVED that the Fire Records Management System Fund FY 2015 – 2017 Executive Recommended Budget be amended as specified below: FRMS FUND (#53100) FY 2015 FY 2016 – FY 2017 Revenue 1080325-115100-631460 Participation Fees $ 13,039 $7,439 1080325-115100-665882 Planned use of Balance ( 6,303 ) (6,303 ) Total FRMS Fund Revenue $ 6,736 $1,136 Expenditures 1080325-115100-731773 Software Purchase $ 5,600 $ 0 1080325-115100-731780 Software Maintenance 1,136 1,136 Total FRMS Fund Expense $ 6,736 $1,136 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Fire Records Management Interlocal Agreement Between Oakland County and Van Buren Charter Township and Van Buren Charter Township Resolution for the establishment of a Fire Records Management Interlocal Agreement Resolution No. 2014-14 Incorporated by Reference. Original on file in County Clerk’s office. 326 Commissioners Minutes Continued. July 16, 2014 (The vote for this motion appears on page 372.) *MISCELLANEOUS RESOLUTION 14152 BY: Finance Committee, Tom Middleton, Chairperson IN RE: CENTRAL SERVICES – SUPPORT SERVICES FOR VEHICLE OPERATIONS/SHERIFF’S OFFICE – USE OF FORFEITED FUNDS FOR UNDERCOVER VEHICLE PURCHASE FOR NARCOTICS ENFORCEMENT TEAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotics seizures to participating agencies to be utilized toward the enhancement of law enforcement efforts related Controlled Substance Act. WHEREAS there is a balance of $501,766.45 in the Law Enforcement Enhancement Restricted Fund #21341 as of June 4, 2014 due to the Sheriff’s Office forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for replacement of one of the department owned undercover vehicles that was sold at auction, there are presently no vehicles awaiting forfeiture that fit the criteria for a balanced undercover fleet and to serve as a replacement; and WHEREAS the Sheriff’s Undercover Narcotics Enforcement Team feels that a used vehicle would serve as a suitable replacement, and is estimated to cost $25,000; and WHEREAS the vehicle is necessary for undercover investigative purposes; and WHEREAS vehicle will be assigned to the Sheriff’s Office Investigative Technical and Forensic Services Division for use in undercover narcotics activity; and WHEREAS the estimated capital costs for the vehicle would be $25,000 and the estimated annual operating expenses are currently budgeted in the Sheriff’s Technical Services Division; and WHEREAS the necessary funding (approximately $25,000) is available within the Sheriff’s Law Enforcement Enhancement Restricted Fund (21341); 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. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the use of Law Enforcement Enhancement Funds (fund 21341) to purchase one (1) used vehicle for use in undercover narcotics activity in the amount of $25,000. BE IT FURTHER RESOLVED that the Sheriff’s Forensic Services FY 2014 budget be amended as follows: LAW ENFORCEMENT ENHANCEMENT FUND (#21341) FY 2014 Revenue 4030101-116270-665882 Planned Use of Balance $ 25,000 Total Revenue $ 25,000 Expenditures 4030101-116270-788001-10100 Transfers Out $ 25,000 Total Expenditures $ 25,000 GENERAL FUND (#10100) Revenue 4030901-116270-695500-21341 Transfers In $ 25,000 Total Revenue $ 25,000 Expenditures 4030901-116270-788001-66100 Transfers Out $ 25,000 Total Expenditures $ 25,000 MOTOR POOL FUND (#66100) Revenue 1030811-184010-695500-10100 Tranf. from Gen. Fund $ 25,000 1030811-184010-665882 Planned Use of Balance ( $ 25,000 ) Total Motor Pool Revenues $ 0 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 372.) 327 Commissioners Minutes Continued. July 16, 2014 *MISCELLANEOUS RESOLUTION #14153 BY: Finance Committee, Tom Middleton, District #4 IN RE: RESOLUTION AUTHORIZING ISSUANCE OF OAKLAND COUNTY BUILDING AUTHORITY, BUILDING AUTHORITY REFUNDING BONDS, SERIES 2014 REFUNDS SERIES 2007) AND APPROVING THE UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948, extra session, as amended, ("Act 31") the Oakland County Building Authority (the "Authority") and the County of Oakland (the "County"), have entered into a Full Faith and Credit General Obligation Lease Contract dated as of December 1, 2006 (as listed in Appendix A) (the "Lease Contract") and a Sublease between the County and the Oakland County Community Mental Health Authority (the "CMHA") dated as of June 27, 2007 (the "Sublease"); and WHEREAS pursuant to the Lease Contract and the Sublease, the Building Authority has issued the Oakland County Building Authority, Building Authority Bonds, Series 2007 in the original aggregate principal amount of $5,500,000 dated as of August 1, 2007 which remain outstanding as listed in Appendix B (the "2007 Bonds") to defray the cost of acquiring various facilities located throughout the County to be used by the CMHA; and WHEREAS the 2007 Bonds remain outstanding in various aggregate principal amounts which mature in various principal amounts in various years and bear interest at various rates per annum which rates of interest are higher than those now prevailing; and WHEREAS Act 31 and Act No. 34, Public Acts of Michigan, 2001, as amended, ("Act 34") authorize the Authority to refund all or any part of its indebtedness; and WHEREAS the County has determined that a significant cost savings can be achieved by refunding the outstanding 2007 Bonds in whole or in part; and WHEREAS in order to provide for the Refunding Bonds and to comply with federal securities regulations, it is necessary to approve an amendment to the Lease Contract between the County and the Authority (the "Amendment to Lease Contract") attached as Appendix C in order to approve the undertaking to provide continuing disclosure; and WHEREAS this Board of Commissioners approved Miscellaneous Resolution #13301 on December 12, 2013 pertaining to the above and wishes to rescind that resolution to provide for updates in the refunding. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland as follows: 1. The Authority is authorized to proceed to refund any or all of the Bonds described in Appendix B in whole or in part, on such terms and conditions as will result in a lower total indebtedness on such issue. 2. The Amendment to Lease Contract attached hereto as Appendix C is hereby approved. 3. The County Officials set forth on the Amendment to Lease Contract are authorized to execute and deliver the Amendment to Lease Contract on behalf of the County. 4. After any refunding bonds are issued, the Authority shall report to the County on the new debt service schedule and the savings in total principal and interest. 5. The County Executive, if necessary, is authorized to file for approval to issue the bonds from the State of Michigan, Department of Treasury ("Treasury"), to pay the related fee, and to execute and deliver such other documents as may be requested by the Treasury. 6. Miscellaneous Resolution #13301 adopted by this Board of Commissioners on December 12, 2013 pertaining to the refunding is hereby rescinded to provide for updates in the refunding. 7. All activities involved in the refunding of the Bonds under this resolution shall comply with the standing rules of the Board of Commissioners. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to fill in the blanks in Exhibit A to Appendix C Debt Retirement Schedule prior to executing and filing these documents with the Oakland County Clerk. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Appendix A, Appendix B, Appendix C Amendment to Lease Contract, Exhibit A on file in County Clerk’s office. 328 Commissioners Minutes Continued. July 16, 2014 (The vote for this motion appears on page 372.) *MISCELLANEOUS RESOLUTION #14154 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – AREA AGENCY ON AGING 1-B – FY 2015 ANNUAL IMPLEMENTATION PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Area Agency on Aging 1-B has been supporting services to Oakland County residents since 1974; and WHEREAS the Area Agency on Aging 1-B has assessed the needs of older county residents and developed a plan to provide assistance that addresses identified need; and WHEREAS the proposed plan has been submitted for review by the public, and has been subjected to a public hearing; and WHEREAS the comments at the public hearings on the proposed plan were mostly favorable and constructive changes in the plan were made as a result of some comments; and WHEREAS the Oakland County Board of Commissioners appoints two representatives to the AAA 1-B Board of Directors, a county commissioner and a county resident who is at least 60 years of age; and WHEREAS the Michigan Office of Services requires that county boards of commissioners are given the opportunity to review and approve an area agency on aging’s annual implementation plan. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Area Agency on Aging 1-B Fiscal Year 2015 Annual Implementation Plan for the purpose of conveying such support to the Area Agency on Aging 1-B and the Michigan Office of Services to the Aging. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of 2015 Annual Implementation Plan Area Agency on Aging 1-B, Annual & Multi Year Implementation Plans 2014-2016 on file in County Clerk’s office. *REPORT (MISC. #14155) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – APPROVAL OF WEBCASTING CONTRACT AND CONTINUATION OF WEBCASTING AD HOC COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed on July 10, 2014, the above-titled resolution, reports with the recommendation that the resolution be amended by changing the 7th WHEREAS paragraph into the 1st BE IT FURTHER RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED WHEREAS that the Board of Commissioners’ staff will reach out to local cable stations to confirm their interest in receiving broadcasts of the meetings. All questions regarding broadcasts shall be referred to the wWebcasting Aad Hhoc sub Ccommittee that shall respond within a month to any reasonable inquiries. The subcommittee Webcasting Ad Hoc Committee shall report to the General Government Committee with quarterly updates. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE MISCELLANEOUS RESOLUTION #14155 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPROVAL OF WEBCASTING CONTRACT AND CONTINUATION OF WEBCASTING AD HOC COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has been webcasting their committee meetings and full board meetings for the past 2 years through services provided by SoundQue Entertainment; and 329 Commissioners Minutes Continued. July 16, 2014 WHEREAS Miscellaneous Resolution #11005 established a Webcasting Ad Hoc Committee to study and report back the progress of the webcasting of the meetings to the General Government Committee; and WHEREAS the Webcasting Ad Hoc Committee recently worked with staff from Purchasing and Information Technology to issue an RFP and evaluate and interview the companies that bid on the project, in accordance with Oakland County purchasing procedures; and WHEREAS Purchasing and Information Technology are unanimously recommending SoundQue Entertainment as the webcasting vendor and continuing the services that they have been providing; and WHEREAS the Webcasting Ad Hoc Committee is unanimously concurring with the recommendation from Purchasing and Information Technology that the Board of Commissioners enter into a three (3) year contract with SoundQue Entertainment at an annual cost of $31,740, with the scope of services to be outlined in the final contract; and WHEREAS it is also recommended that the Board of Commissioners authorizes the continuation of the Webcasting Ad Hoc Committee for the purpose of reviewing the performance of the webcasting vendor and addressing any concerns that may arise; and WHEREAS the Board of Commissioners staff will reach out to local cable stations to confirm their interest in receiving broadcasts of the meetings. All questions regarding broadcast shall be referred to webcasting ad hoc subcommittee that shall respond within a month to any reasonable inquiries. The subcommittee shall report to General Government Committee with quarterly updates. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts and authorizes moving forward to finalize a contract with SoundQue Entertainment for a period of three (3) years at an annual cost of $31,740 for the webcasting of all of the meetings of the Board of Commissioners and its Standing Committees, under the terms and scope of services negotiated by the Purchasing Department and approved by Corporation Counsel. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes the continuation of the Webcasting Ad Hoc Committee to review the performance and quality of services provided by the vendor and to address any concerns that may arise. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners’ Chairperson or his designee, is authorized to sign the contract with SoundQue Entertainment, and any related documents, on behalf of the Board of Commissioners to consummate this agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE REPORT (MISC. #14155) BY: Webcasting AdHoc Committee, Jeff Matis, Chairperson IN RE: RECOMMENDATION OF VENDOR FOR WEBCASTING SERVICES To the Oakland County General Government Committee Chairperson, Ladies and Gentleman: The Purchasing Department of Oakland County received responses from two companies, SoundQue Entertainment (“SoundQue”), the current vendor, and Motown Digital, LLC (“Motown”). Copies of the bid responses were provided to the Webcasting Ad Hoc Committee members, and interviews were conducted. The current annual amount paid to SoundQue is $49,830. Motown, LLC, bid at an annual cost of $71,880, which is $22,050 per year higher than the current cost, and includes an implementation fee of $6,600 and an additional potential ongoing annual cost of $1,800 per year for internet access. Their proposal includes remote controlled cameras on tripods and construction of a control room. Although asked to do so, Motown did not provide a bid to continue the same type of service currently being provided by the current vendor, namely person operated cameras without construction of a control room. SoundQue bid with 2 Options, Option 1, which would continue the same service that is currently being provided, and Option 2, which would include additional cabling to install remote cameras at an additional one-time cost of $7,800.00. The cost for Option 1 is $31,740, which is $40,140 less per year than the Motown proposed cost, and $18,090 less per year than the current price. SoundQue has also agreed to add an additional service at no cost. Specifically, all archived videos would include the “jump-to-agenda indexing.” Thus, the SoundQue bid offers a significant savings over the current price with increased service. The above cost is for a three to five year contract. A one-year contract would incur a 30% 330 Commissioners Minutes Continued. July 16, 2014 increase. Option 2 is $32,320 per year plus the additional one-time cost of $7,800, and would eliminate the camera operators in lieu of remote controlled cameras operated from the SoundQue van. The Purchasing Department and the Information Technology Department (“IT”) have reviewed the bid materials and attended the interviews regarding both Motown and SoundQue, and both departments are in unanimous agreement in favor of recommending SoundQue for the webcasting service. IT also stated that it has reviewed the current service provided by SoundQue and that it is a reasonable broadcast quality. For these reasons, The Webcasting AdHoc Committee hereby recommends that the Oakland County Board of Commissioners enter into a 3-year contract with SoundQue at an annual cost of $31,740, as proposed under Option 1 of SoundQue’s bid, utilizing the current setup. This option will provide a reduced overall annual expense and provide more services for less money. Chairperson, on behalf of the Webcasting Ad Hoc Committee, I move acceptance of the foregoing report. WEBCASTING AD HOC COMMITTEE FISCAL NOTE (MISC. #14155) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – APPROVAL OF WEBCASTING CONTRACT AND CONTINUATION OF WEBCASTING AD HOC COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution accepts and approves a three (3) year contract with SoundQue Entertainment to webcast the meetings of the Board of Commissioners and its Standing Committees. 2. Also, it authorizes the continuation of the Webcasting Ad Hoc Committee to review the performance and quality of services provided by vendor and to address any concerns that may arise. 3. The original contract will expire on July 31, 2014. 4. The annual cost of the three (3) year contract is $31,740 which is $18,090 less than the current annual contract amount. 5. Funds are available to cover the cost of the existing contract for FY 2014, per MISC. #14130 FY 2014 Second Quarter Financial Forecast and Budget Amendments. 6. The FY 2015-2017 County Executive Recommended Budget is amended as follows: GENERAL FUND (#10100) FY 2015 - FY 2017 Expenditures 9090101-196030-731080 Non-Dept.– Legislative Expense ( $ 27,800 ) 5010101-180020-731500 BOC – Public Information $ 27,800 Total Expenditures $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 372.) *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 331 Commissioners Minutes Continued. July 16, 2014 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 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 332 Commissioners Minutes Continued. July 16, 2014 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. 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 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 333 Commissioners Minutes Continued. July 16, 2014 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 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 334 Commissioners Minutes Continued. July 16, 2014 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 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 335 Commissioners Minutes Continued. July 16, 2014 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 336 Commissioners Minutes Continued. July 16, 2014 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 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 337 Commissioners Minutes Continued. July 16, 2014 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 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 338 Commissioners Minutes Continued. July 16, 2014 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 FISCAL NOTE (MISC. #14139) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves the City of Pontiac 2014 Water Supply System Improvements contract and approves the issuance of the City of Pontiac Water Supply System Improvements Bonds, Series 2014 in accordance with the provisions of Act 342 of the Public Acts of 1939, as amended. 2. The project consists of constructing a new water main including all connections and appurtenances for $6,894,663 with a 40 year and upward useful life. 339 Commissioners Minutes Continued. July 16, 2014 3. The bond issue is not to exceed $6,894,663 and is to be used for the acquisition, construction and financing the water supply system improvements and facilities constituting part of the system that will promote the public health and welfare of the residents. 4. The bonds shall be secured primarily by the full faith and credit pledge by the City of Pontiac and the Oakland County Board of Commissioners will pledge the full faith and credit of the County as secondary obligors for the payment of principal and interest on the Bonds. 5. The Bonds are to be sold in a private negotiated sale to the Michigan Finance Authority as authorized by Act 227, Public Acts of Michigan, 1985 as amended in order to utilize proceeds of the State of Michigan State Revolving Fund. 6. The bond issue shall bear an interest rate not to exceed 2.5% per annum, will be in aggregate principal amounts, will mature in such years and principal amounts and will be callable prior to maturity as determined necessary by the County Agency at the time of issue. 7. The statutory limit for County debt is $5,508,460,729 (10% of State Equalized Value). As of June 2, 2014, the total pledged debt is $701,396,789 or approximately 1.273% of the S.E.V. 8. The revenues from the City of Pontiac Water Supply System will pay for the principal and interest on the Bonds. 9. No County general funds shall be appropriated to this Project. FINANCE COMMITTEE (The vote for this motion appears on page 372.) *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 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: 340 Commissioners Minutes Continued. July 16, 2014 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 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. 341 Commissioners Minutes Continued. July 16, 2014 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. 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. 342 Commissioners Minutes Continued. July 16, 2014 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 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 343 Commissioners Minutes Continued. July 16, 2014 so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. MANDATORY PRIOR REDEMPTION Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows: Redemption Date Principal Amount of Bonds to be Redeemed Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot. (REPEAT IF MORE THAN ONE TERM BOND) OPTIONAL PRIOR REDEMPTION Bonds maturing prior to ________ 1, 20__, are not subject to redemption prior to maturity. Bonds maturing on and after ________ 1, 20__, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after ________ 1, 20__. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption 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] 344 Commissioners Minutes Continued. July 16, 2014 And: County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints ______________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ____________________ __________________________________________ Signature Guaranteed: __________________________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF BOND FORM] 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 345 Commissioners Minutes Continued. July 16, 2014 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 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 346 Commissioners Minutes Continued. July 16, 2014 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. 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 347 Commissioners Minutes Continued. July 16, 2014 FISCAL NOTE (MISC. #14140) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the issuance of the Oakland County Farmington Hills Water Supply System Improvements Bonds, Series 2014 not to exceed amount of $10,100,000 in accordance with the provisions of Act 342 of the Public Acts of 1939, as amended. 2. The Farmington Hills Water Supply System project total cost is $16.9 million and included Miscellaneous Resolution #12144 that issued bonds for Phase I of $6.8 million. Phase II is not to exceed $10.1 million. 3. Phase II of the project consists of the construction of pressure reducing vaults, 20” diameter water main, an addition to the City’s DPW Building and miscellaneous improvements for $10,100,000 with a 30 year and upward useful life. 4. The bonds shall be secured primarily by the full faith and credit pledge by the City of Farmington Hills. The Oakland County Board of Commissioners will pledge the full faith and credit of the County as secondary obligors for the payment of principal and interest on the Bonds. 5. The Bonds shall be issued in multiple series, bear an interest rate not to exceed 6% per annum, will be in aggregate principal amounts, will mature in such years and principal amounts and will be callable prior to maturity as determined necessary by the County Agency. 6. The statutory limit for County debt is $5,508,460,729 (10% of State Equalized Value). As of June 2, 2014, the total pledged debt is $701,396,789 or approximately 1.273% of the S.E.V. 7. The City of Farmington Hills will pay for the bonds through revenues of the water supply system paid by users of the system. 8. No County general funds shall be appropriated to this Project. FINANCE COMMITTEE (The vote for this motion appears on page 372.) *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 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 348 Commissioners Minutes Continued. July 16, 2014 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 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 349 Commissioners Minutes Continued. July 16, 2014 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 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. 350 Commissioners Minutes Continued. July 16, 2014 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 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 351 Commissioners Minutes Continued. July 16, 2014 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 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. 352 Commissioners Minutes Continued. July 16, 2014 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 Bond Registrar and Paying Agent AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ 353 Commissioners Minutes Continued. July 16, 2014 (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 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 354 Commissioners Minutes Continued. July 16, 2014 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 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. 355 Commissioners Minutes Continued. July 16, 2014 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 FISCAL NOTE (MISC. #14141) BY: Finance Committee, Tom Middleton, 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: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves the Evergreen and Farmington Sewage Disposal Systems Middlebelt Transport and Storage Tunnel contract and approves the Evergreen and Farmington Sewage Disposal Systems Middlebelt Transport and Storage Tunnel Bonds, Series 2014 in accordance with the provisions of Act 342 of the Public Acts of 1939, as amended. 2. The project consists of the construction of a 3.6 million gallon storage tunnel for excess wet weather sanitary flow for $46,600,000 with a 40 year and upward useful life. 3. The bond issue is not to exceed $46,600,000 and is to be used for the acquisition, construction and financing the sewage disposal system improvements and facilities constituting a part of the system that will promote the public health and welfare of the residents. 4. The bonds shall be secured primarily by the full faith and credit pledge by the City of Farmington Hills, City of Keego Harbor, City of Orchard Lake Village and the Charter Township of West Bloomfield. The Oakland County Board of Commissioners will pledge the full faith and credit of the County as secondary obligors for the payment of principal and interest on the Bonds. 5. The Bonds are to be sold in a private negotiated sale to the Michigan Finance Authority as authorized by Act 227, Public Acts of Michigan, 1985 as amended in order to utilize proceeds of the State of Michigan State Revolving Fund. 6. The bond issue is not to exceed $46,600,000, shall bear an interest rate not to exceed 2.5% per annum, will be in aggregate principal amounts, will mature in such years and principal amounts 356 Commissioners Minutes Continued. July 16, 2014 and will be callable prior to maturity as determined necessary by the County Agency at the time of issue. 7. The statutory limit for County debt is $5,508,460,729 (10% of State Equalized Value). As of June 2, 2014, the total pledged debt is $701,396,789 or approximately 1.273% of the S.E.V. 8. The project cost of $46,600,000 will be paid for by the following Municipalities City of Farmington Hills 53.1% or $24,744,600, City of Keego Harbor 2.1% or $978,600, City of Orchard Lake Village 3.2% or $1,491,200, and Charter Township of West Bloomfield 41.6% or $19,385,600. The principal and interest will be covered by user rates from the respective municipal systems. 9. No County general funds shall be appropriated to this Project. FINANCE COMMITTEE (The vote for this motion appears on page 372.) *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. FISCAL NOTE (MISC. #14142) BY: Finance Committee, Tom Middleton, 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: 357 Commissioners Minutes Continued. July 16, 2014 Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above named Miscellaneous Resolution and finds: 1. The County of Oakland is the owner of Springfield Oaks County Park and the building identified as Building E at 12451 Andersonville Road, Davisburg, Michigan 48350, is located on the grounds of Springfield Oaks Count Park. 2. The Oakland County Parks and Recreation Commission approved a lease of Building E to the Oakland County 4-H Fair Association, a non-profit organization, for a period commencing March 26, 2009 through September 30, 2014 at its February 11, 2009 meeting. 3. The Oakland County Parks and Recreation Commission and the Department of Facilities Management recommend that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Amendment #1 to extend the lease to December 31, 2016. 4. A budget amendment is not required. FINANCE COMMITTEE (The vote for this motion appears on page 372.) *MISCELLANEOUS RESOLUTION #14156 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2014 GRANT PROGRAM ACCEPTANCE – AIRCRAFT RESCUE FIRE FIGHTING (ARFF) TRAINING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is in receipt of Michigan Department of Transportation Grant Contract No. 2014-0753, for State funds in the amount of $1,800, for the development and improvement of Oakland County International Airport; and WHEREAS the project consists of Aircraft Rescue and Fire Fighting (ARFF) training provided by a training provider using a mobile fire training unit (TRAINING) at Oakland County International Airport; and WHEREAS the Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project; and WHEREAS the development project as offered and approved by the Michigan Department of Transportation requires a local grant match of $200 which is available from the airport fund; and WHEREAS the Airport Committee has reviewed the project and recommends acceptance of the grant contract; and WHEREAS the attached contract has been approved in accordance with the County Executive's review process; and WHEREAS no application was requested from Oakland County; therefore, the application provisions of Misc. #13180, do not apply. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant contract in an amount not to exceed $2,000, which includes a local grant match of $200, which is available from the airport fund. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant contract. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Central Services/Aviation, Michigan Department of Transportation County of Oakland Contract for AirCraft Rescue and FireFighting Training Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14156) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF CENTRAL SERVICES – OAKLAND COUNTY INTERNATIONAL AIRPORT – 2014 GRANT PROGRAM ACCEPTANCE – AIRCRAFT RESCUE FIRE FIGHTING (ARFF) TRAINING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: 358 Commissioners Minutes Continued. July 16, 2014 Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County has received Michigan Department of Transportation Grant Contract No. 2014-0753, for State funds in the amount of $1,800, and a required local grant match of $200 for the development and improvement of Oakland County International Airport. 2. The project consists of Aircraft Rescue and Fire Fighting (ARFF) training provided by a training provider using a mobile fire training unit (TRAINING) at Oakland County International Airport 3. The Airport Committee has reviewed the project and recommends acceptance of the grant contract. 4. Target date for project completion is 18 months from the date of the award. 5. The total cost of the project is $2,000 with $1,800 of the cost from State funds, and $200 from the Airport fund resources for the grant match. 6. The Michigan Department of Transportation shall act as agent on behalf of the County in the administration of the project. 7. No General fund appropriation is required. Funding is available within the Airport Fund. FINANCE COMMITTEE (The vote for this motion appears on page 372.) *REPORT (MISC. #14157) BY: Human Resources Committee, John Scott, Chairperson IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS DEPARTMENT, COMMUNITY & HOME IMPROVEMENT DIVISION – FY 2014 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOUSING EDUCATION PROGRAM AGREEMENT FOR COUNSELING SERVICES - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on July 9 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 #14157 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY & HOME IMPROVEMENT DIVISION – FY 2014 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOUSING EDUCATION PROGRAM AGREEMENT FOR COUNSELING SERVICES – ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Michigan State Housing Development Authority (MSHDA) administers a Housing Education Program (HEP) which is a network of counselors who provide homebuyer education and foreclosure prevention services; and WHEREAS MSHDA has awarded $42,000.00 to the Community & Home Improvement Division’s Housing Counseling and Homeless Services Unit to perform group and/or individual homebuyer education and mortgage delinquency and default housing counseling for Oakland County families in accordance with adopted National Industry Standards for Homeownership Education and Counseling; and WHEREAS the Authority shall pay the Oakland County Community & Home Improvement Division to provide approximately 230 billable units of housing counseling services ranging from $150 to $200 per household not to exceed $40,000.00 and $2,000.00 for administrative fees; and WHEREAS the housing counseling services will be performed in accordance with National Industry Standards for Homeownership Education and Counseling; and WHEREAS the terms of the agreement shall cover work performed by the Community & Home Improvement Division during the period of time beginning July 1, 2014 through June 30, 2015; and 359 Commissioners Minutes Continued. July 16, 2014 WHEREAS the Division shall use the revenue to supplement the federal Community Development Block Grant and Housing Counseling Grant funds allocated for the housing counselors salaries and fringe benefits including one (1) SR FTE Housing Counseling and Homeless Services Supervisor position (1090680-03354), one (1) SR FTE Senior Community and Home Improvement Specialist position (1090680-00730), one (1) SR FTE Community and Home Improvement Specialist position (#1090680-10806), one (1) SR FTE Community and Home Improvement Technician position (#1090611-01457), and one (1) SR FTE Community and Home Improvement Coordinator position (#1090611-06098); and WHEREAS the acceptance of this contract does not obligate the County to any future commitment; and WHEREAS this agreement has been reviewed and approved through the County Executive’s Grant Acceptance Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2014 Michigan State Housing Development Authority Housing Education Program Agreement totaling $42,000.00 to provide approximately 230 billable units of group and/or individualized homebuyer education or foreclosure prevention counseling services for Oakland County families. BE IT FURTHER RESOLVED the revenue will be used to supplement the federal Community Development Block Grant and Housing Counseling Grant funds allocated for the housing counselors salaries and fringe benefits from July 1, 2014 through June 30, 2015. BE IT FURTHER RESOLVED that housing counseling services will be performed in accordance with National Industry Standards for Homeownership Education and Counseling. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners 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 the acceptance of this contract does not obligate the County to any future commitment. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Community & Home Improvement Division, Certificate of Self-Insurance Michigan State Housing Development Authority Agreement for Professional Services with Oakland County Community & Home Improvement Division, Exhibit A Scope of Work, Housing Education Services Budget – HEP Exhibit B, Exhibit C Certificate Verifying Key Persons of the Contractor Exhibit D Retiree Rehire Certification and Exhibit E Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #14157) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION – FY 2014 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOUSING EDUCATION PROGRAM AGREEMENT FOR COUSELING SERVICES - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The MSHDA Housing Education Program Grant supports delivery of counseling services to homeowners for pre-purchase and to prevent or resolve mortgage delinquency, default, and foreclosure with the primary objective to preserve homeownership. 2. MSHDA has awarded $42,000 to the Community & Home Improvement Division’s Housing Counseling and Homeless Services Unit. 3. The MSHDA Housing Education Program Grant amount of $42,000 will be supplemented with FY 2014 Community Development Block Grant (CDBG) funds and Oakland County Housing Counseling funds, for a total project amount of $523,703. 4. MSHDA Housing Education Program Grant will supplement the federal Community Development Block Grant and Housing Counseling Grant funds allocated for the housing counselors salaries and fringe benefits including one (1) SR FTE Housing Counseling and Homeless Services Supervisor position (#1090680-03354), one (1) SR FTE Senior Community and Home 360 Commissioners Minutes Continued. July 16, 2014 Improvement Specialist position (#1090680-00730), one (1) SR FTE Community and Home Improvement Specialist position (#1090680-10806), one (1) SR FTE Community and Home Improvement Technician position (#1090611-01457), and one (1) SR FTE Community and Home Improvement Coordinator position (#1090611-06098) from July 1, 2014 through June 30, 2015. 5. No County Match is required. 6. FY 2014 Budget Amendment is recommended as follows: MSHDA – HOUSING EDUCATION GRANT (#29722) FY 2014 GR0000000686 Activity GLB, Analysis Type GLB, Bud Ref 2014 Revenue 1090680-132210-615571 ComHmHsgCo –State Operating Grant $42,000 Total Revenue $42,000 Expenditure 1090680-132210-702010 ComHmHsgCo - Salary $22,600 1090680-132210-722740 ComHmHsgCo – Fringe Benefit $19,400 Total Grant Expenditure $42,000 FINANCE COMMITTEE (The vote for this motion appears on page 372.) *MISCELLANEOUS RESOLUTION #14158 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 6756 DIXIE HIGHWAY PROJECT IN INDEPENDENCE TOWNSHIP 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 6756 Dixie Highway, Independence Township (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 Independence Township 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 Independence Township relating to the 6756 Dixie Highway redevelopment in Independence Township NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby adopt the Brownfield Redevelopment Plan to be carried out in Independence Township, relating to the 6756 Dixie Highway 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 6756 Dixie Highway redevelopment in Independence Township shall be held on July 16, 2014 at 7:15 AM in the Oakland County Board of Commissioners’ Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE 361 Commissioners Minutes Continued. July 16, 2014 Copy of Resolution to Approve a Brownfield Redevelopment Plan for the 6756 Dixie HWY Charter Township of Independence Brownfield Site June 16, 2014, State of Michigan County of Oakland Charter Township of Independence Resolutions 2014-018, 2014-019 and Oakland County Brownfield Redevelopment Authority Brownfield Plan on file in County Clerk’s office. (The vote for this motion appears on page 372.) *REPORT (MISC. #14159) BY: Human Resources Committee, John Scott, Chairperson IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS DEPARTMENT – DELETE AND CREATE POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on July 9, 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 #14159 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS DEPARTMENT – DELETE AND CREATE POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Economic Development and Community Affairs (ED&CA) Department has reviewed its operations and organizational structure and determined areas where efficiencies could be realized; and WHEREAS it has been determined that a full-time Supervisor – Marketing & Communications is needed in the Marketing and Communications Unit to develop and direct the marketing strategies, multi-media campaigns, and staff to support the department in meeting its business goals and objectives; and WHEREAS with the increase in business development, Technical Assistants are needed in the Business Development and Financial Services Units to provide technical support and research; and WHEREAS it is proposed to create a new classification of Supervisor – Marketing & Communications, Salary Grade 15, overtime exempt; and WHEREAS it is proposed to delete one (1) Full-Time Eligible GF/GP Chief Automation Alley position (#1090101-02268) to offset the creation of one (1) Full-Time Eligible GF/GP Supervisor - Marketing & Communications position in the Marketing and Communications Unit (#1090108); and WHEREAS it is proposed to create three (3) Part-Time Non-Eligible 1,000 hours per year GF/GP Technical Assistant positions; two (2) in the Business Development Unit (#1090205) and one (1) in the Financial Services Unit (#1090202); and WHEREAS it is proposed to delete the classification of Chief Automation Alley. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed classification and position changes. BE IT FURTHER RESOLVED to create a new classification of Supervisor – Marketing & Communications, Salary Grade 15, overtime exempt. BE IT FURTHER RESOLVED to delete one (1) Full-Time Eligible GF/GP Chief Automation Alley position (#1090101-02268). BE IT FURTHER RESOLVED to delete the classification of Chief Automation Alley. BE IT FURTHER RESOLVED to create one (1) Full-Time Eligible GF/GP Supervisor – Marketing & Communications position in the Marketing and Communications Unit (#1090108). BE IT FURTHER RESOLVED to create two (2) Part-Time Non-Eligible 1,000 hours per year GF/GP Technical Assistant positions in the Business Development Unit (#1090205). BE IT FURTHER RESOLVED to create one (1) Part-Time Non-Eligible 1,000 hours per year GF/GP Technical Assistant position in the Financial Services Unit (#1090202). Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. 362 Commissioners Minutes Continued. July 16, 2014 PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #14159) BY: Finance Committee, Tom Middleton, Chairperson IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS DEPARTMENT – DELETE AND CREATE POSITIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Economic Development and Community Affairs (ED&CA) Department has reviewed its operations in order to determine an accurate representation of job functions and utilization of resources. 2. The reorganization requests deletion of one (1) full-time eligible GF/GP Chief Automation Alley (#1090101-02268) position to offset the creation of one (1) full-time eligible GF/GP Supervisor - Marketing & Communications (#1090108) position. 3. Creation of three (3) part-time non-eligible 1000 hours per year GF/GP Technical Assistant positions to provide technical support and research; two (2) in the Business Development Unit (#1090205) and one (1) in the Financial Services Unit (#1090202). 4. The cost of the position changes is $2,428 for the remainder of FY 2014 and $47,142 annually for FY 2015 – FY 2017. 5. A budget amendment is not required for FY 2014 as the GF/GP Chief Automation Alley position has been vacant for over six months and provides personnel favorability in the existing budget. 6. Funding for the FY 2015 – 2017 amount of $47,142 is available based on the County Executive Recommended overall position changes for Economic Development and Community Affairs which fully offsets the on-going cost. 7. A budget amendment is recommended as follows: GENERAL FUND (#10100) FY 2015-17 Revenue 9010101-196030-665882 Planned Used of Balance $ 47,142 Total Revenue $ 47,142 Expense Deletion of Chief Automation Alley 1090101-171000-702010 Salaries ( 69,425 ) 1090101-171000-722900 Fringe Benefit Adj. ( 42,101 ) Creation of Supv Marketing & Communications 1090108-171030-702010 Salaries 61,855 1090108-171030-722900 Fringe Benefit Adj 39,198 Creation of Three New Positions 1090205-171010-702010 Salaries 36,318 1090205-171010-722900 Fringe Benefit Adj. 2,092 1090202-171100-702010 Salaries 18,159 1090202-171100-722900 Fringe Benefit Adj. 1,046 Total Expenses $ 47,142 FINANCE COMMITTEE (The vote for this motion appears on page 372.) *REPORT (MISC. #14160) BY: Human Resources Committee, John Scott, Chairperson IN RE: WATER RESOURCES COMMISSIONER – CREATE & RECLASSIFY POSITIONS TO ACCOMMODATE THE ACQUISITION OF SERVICES TO THE CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on July 16, 2014, reports with the recommendation that the resolution be adopted. 363 Commissioners Minutes Continued. July 16, 2014 Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #14160 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: WATER RESOURCES COMMISSIONER – CREATE & RECLASSIFY POSITIONS TO ACCOMMODATE THE ACQUISITION OF SERVICES TO THE CITY OF PONTIAC To the Oakland County Board of Commissioners, Chairperson, Ladies, and Gentlemen: WHEREAS in 2012, contracts between the City of Pontiac and the County of Oakland established the City of Pontiac Sewage Disposal System, the City of Pontiac Water Distribution System, and the Pontiac Wastewater Treatment Plant Drainage District (Systems); and WHEREAS concurrent with the establishment of the Systems, the County of Oakland, with Water Resources Commissioner (WRC) as a County agency, acquired the facilities in the Systems and assumed responsibility for their operation and maintenance; and WHEREAS as a result of the acquisition of the Systems in 2012, a full service operations and maintenance contract with United Water for the operation and maintenance of the City of Pontiac’s water, sewer and wastewater treatment systems was assigned from the City of Pontiac to Oakland County; and WHEREAS after diligent efforts to work through the contract, the WRC has determined that it is in the best interest of the Systems to modify the scope of work in the contract to allow WRC to self-perform certain tasks; and WHEREAS the WRC and United Water are presently working to produce an amendment to the contract; and WHEREAS WRC intends to assume the responsibilities related to the water distribution system, including water operations and maintenance and water metering, effective October 1, 2014; and WHEREAS the WRC has performed an analysis to determine the level of effort needed to properly assume these functions and has determined that a number of new positions must be acquired to meet the level of service for the residents of Pontiac; and WHEREAS the WRC intends to transfer 10 vehicles from the City of Pontiac Wastewater Treatment Facility Drainage District to the County vehicle fleet to be included in the next quarterly forecast; and WHEREAS WRC is requesting to create 24 new Proprietary Funded positions; and WHEREAS the cost of these newly created positions will be funded from reductions realized through the contract amendment and from existing water and sewer rates; and WHEREAS it is proposed to create a new classification titled Environmental Planner III, salary grade 14, eligible for overtime, to perform as a working supervisor over environmental development projects; and WHEREAS it is proposed to create a new classification titled Supervisor-Cross Connection & Pre-Treatment, salary grade 13, eligible for overtime; and WHEREAS it is proposed to upwardly reclassify a PR funded Cross Connection and Pretreatment Supervisor position (#6010141-06050) to the new classification of Supervisor-Cross Connection & Pre- Treatment which will now have responsibility to supervise a larger staff; and WHEREAS it is proposed to upwardly reclassify one (1) Civil Engineer III position, Salary Grade 16 (#6010120-04687) to an Assistant Chief Engineer, Salary Grade 19, to provide additional management assistance to this unit. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the following personnel actions: 1. To create the following new classifications: Classification Title Salary Grade FLSA Category Environmental Planner III 14 Non-Exempt Supervisor-Cross Connection & Pre-Treatment 13 Non-Exempt 2. To upwardly reclassify the following positions: 364 Commissioners Minutes Continued. July 16, 2014 Position # From Position Title Grade To Position Title Grade 6010141-06050 Cross Connection & Pre-Treatment Supervisor 12 Supervisor - Cross Connection & Pre-Treatment 13 6010120-04687 Civil Engineer III 16 Assistant Chief Engineer 19 3. To create the following full-time eligible Proprietary (PR) funded positions: # of Positions Unit # Unit Title Position Title 1 6010141 WR Cross Connection Engineering Systems Coordinator 1 6010105 WR Mapping Services User Support Specialist II 1 6010141 WR Cross Connection Engineering Technician 1 6010140 WR Water Systems Engineering Technician 1 6010140 WR Water Systems Environmental Planner II 5 6010140 WR Water Systems Maintenance Mechanic I 7 6010140 WR Water Systems Maintenance Mechanic II 3 6010141 WR Cross Connection Maintenance Mechanic II 1 6010140 WR Water Systems Water Maintenance Supervisor I 1 6010132 WR Construction Drain Maintenance Construction Inspector II 1 6010140 WR Water Systems Water & Sewer Crew Leader 1 6010140 WR Water Systems Environmental Planner III Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #14160) BY: Finance Committee, Tom Middleton, Chairperson IN RE: WATER RESOURCES COMMISSIONER – CREATE & RECLASSIFY POSITIONS TO ACCOMMODATE THE ACQUISITION OF SERVICES TO THE CITY OF PONTIAC To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. This resolution approves the Water Resources Commissioner (WRC) request to create positions to accommodate the modification of the United Water contract related to the water distribution system, including water operations and maintenance and water metering for the City of Pontiac. 2. The Water Resources Commission will require a number of new positions, position reclassifications and equipment to provide the service. These modifications will be paid for by the reductions realized through the contract amendments to the United Water contract and the existing water and sewer rates charged to the users of the system. 3. WRC is requesting to reclassify one (1) Civil Engineer III (#6010120-04687) grade 16 to an Assistant Chief Engineer grade 19, resulting in an annual net increase of $7,567. FY 2014 impact will be an increase to the Proprietary fund account Drain Equipment Labor of $631. 4. WRC is requesting to reclassify one (1) Cross Connection and Pre-treatment Supervisor grade 12 to a Supervisor-Cross Connection and Pre-Treatment grade 13, resulting in an annual net increase of $5,128. FY 2014 impact will be an increase to the Proprietary fund account Drain Equipment Labor of $428. 365 Commissioners Minutes Continued. July 16, 2014 5. WRC is requesting to create twenty four (24) new positions as noted in the resolution resulting in an annual cost of $1,714,080. FY 2014 impact will be an increase to the Proprietary fund account Drain Equipment Labor of $143,529, which will be offset in Contracted Services. 6. WRC is requesting eighteen (18) laptops and five (5) workstations for an initial cost of $21,526 that will be funded through the Drain Equipment fund with an annual operational cost of $64,000. FY 2014 impact will be an increase to the Proprietary fund of $26,859 in the Drain Equipment account. 7. WRC is requesting twenty one (21) cellphones and seven (7) desk phones for an initial cost of $553 that will be funded through the Drain Equipment fund with an annual operational cost of $14,952. FY 2014 impact will be an increase to the Proprietary fund of $1,799 in the Drain Equipment account. 8. WRC intends to transfer ten (10) vehicles from the Pontiac Wastewater Treatment Plant Drainage District to the Drain Equipment fund to be included in the next quarterly forecast. 9. A budget amendment is recommended as follows: WATER AND SEWER TRUST FUND (#57010) FY 2014 FY 2015-2017 Revenue 6010101-149030-632086 Sewage Disposal Services $ 14,329 $ 39,476 6010101-149030-632450 Water Sales General $ 14,329 $ 39,476 $ 28,658 $ 78,952 Expense 6010101-149030-730373 Contracted Services ( $ 144,588 ) ( $ 1,726,775 ) 6010101-149030-771638 Drain Equipment Labor $ 144,588 $ 1,726,775 6010101-149030-771639 Drain Equipment $ 28,658 $ 78,952 Total Expenditures $ 28,658 $ 78,952 FINANCE COMMITTEE Drain Equipment Fund (#63900) Revenue 6010101-149760-631869 Reimbursement Salaries $ 144,588 $ 1,726,775 6010101-149760-630658 Equipment Rental $ 6,579 $ 78,952 6010101-149760-665882 Planned Use of Balance $ 22,079 $ -0- Total Revenue $ 173,246 $ 1,805,727 Expense 6010101-149760-702010 Salaries $ 79,429 $ 981,470 6010101-149760-722740 Fringes $ 65,159 $ 745,305 6010101-149760-774636 Info Tech Operations $ 26,859 $ 64,000 6010101-149760-778675 Telephone Communications $ 1,799 $ 14,952 Total Expenditures $ 173,246 $ 1,805,727 Information Technology Fund (#63600) Revenue 1080101-152000-631309 Non-Govt’l Operating $ 26,859 $ 64,000 1080101-152000-665882 Planned Use of Balance ( $ 5,333 ) ( $ 64,000 ) Total Revenue $ 21,526 $ -0- Expense 1080601-152090-750170 Expendable Equipment $ 21,526 $ -0- Total Expenditures $ 21,526 $ -0- Telephone Communications Fund (#67500) Revenue 1080601-152000-632009 Sale of Phone Service Internal $ 1,799 $ 14,952 Total Revenue $ 1,799 $ 14,952 Expense 1080601-152000-730324 Communications $ 1,246 $ 14,952 1080601-152000-750170 Expendable Equipment $ 553 $ -0- Total Expenditures $ 1,799 $ 14,952 FINANCE COMMITTEE (The vote for this motion appears on page 372.) 366 Commissioners Minutes Continued. July 16, 2014 *MISCELLANEOUS RESOLUTION #14161 BY: Planning and Building Committee, Jim Runestad, Chair IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – AFFILIATED TEST BED MEMORANDUM OF AGREEMENT FOR THE CONNECTED CAR TASK FORCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman WHEREAS The County Executive has convened a Task Force to study and report on the research and implementation of technology and infrastructure in the area of connected and autonomous vehicles, known as the Oakland County Connected Car Task Force; and WHEREAS The Connected Car Task Force has brought together significant interests in the research and development of connected and autonomous vehicles, including but not limited to corporations, individuals, and associations; and WHEREAS the Connected Car Task Force is intending to present findings and recommendations to the industry at large at the ITS Congress in Detroit in September 2014; and WHEREAS the U.S. Department of Transportation has, through the Office of the Assistant Secretary for Research and Technology, developed a test bed for the development and deployment of technology supporting the purposes of the Connected Car Task Force and the Connected Car Task Force has a need to be affiliated with, and gain access to the data that is being derived through, the U.S. DOT Test Bed; and WHEREAS the U.S. DOT requires any entity authorized to join the test bed to execute and deliver a memorandum of agreement, setting forth the purpose of the test bed and the limitations and warranties on the use of the data and information gathered therein; and WHEREAS Oakland County Corporation Counsel has asked the U.S. DOT for modifications to the memorandum which have not yet been provided; and WHEREAS time is of the essence for the Connected Car Task Force to be a part of the U.S. DOT test bed and to benefit from its research and findings, and without such benefit the purpose of the Connected Car Task Force will be frustrated. It is in the best interests of Oakland County and the Connected Car Task Force to seek preliminary and conditional approval of the Memorandum to allow affiliation with the U.S. DOT test bed with due speed. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Affiliated Test Bed Memorandum subject to final approval of Oakland County Corporation Counsel. BE IT FURTHER RESOLVED that upon final approval of Corporation Counsel the Memorandum shall be signed by Board Chairperson Michael Gingell forthwith. Chairperson, on behalf of the Planning and building Committee I move adoption of the foregoing resolution PLANNING AND BUILDING COMMITTEE Copy of Affiliated Test Bed Memorandum of Agreement Between the Office of the Assistant Secretary for Research and Technology and [TBD Organization] Incorporated by Reference. Original on file in County Clerk’s office. *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. 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 367 Commissioners Minutes Continued. July 16, 2014 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. #14143) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE – TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT FOR K-9 DOG (GIO) 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 “Gio” to trainer and handler Sergeant Patrick Hatfield; and release all claims and liability the County may have with respect to Gio. 2. The County will sell “Gio" 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 372.) *MISCELLANEOUS RESOLUTION #14162 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFFS OFFICE – 2014 MARINE SAFETY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff's Office applied to the Michigan Department of Natural Resources for $333,259 in grant funding from Public Act 451 to conduct Marine Safety activities for the period January 1, 2014 through December 31, 2014; and WHEREAS the total awarded grantor funds of $119,000, of which $74,300 is State funding and $44,700 is Federal funding; and WHEREAS this award is $10,551 less than the 2013 award of $129,551; and WHEREAS the total award funding of $119,000 approved by the Michigan Department of Natural Resources consists of $74,300 in grant funding with a 25% ($24,767) County match required on the State portion, and a Federal Portion of $44,700; no match is required on the Federal portion. The county match is included in the Sheriff’s Office Patrol Services Division budget and is represented as in-kind matching funds; and WHEREAS funding covers reimbursement of salaries and other operating expenses; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of this program is contingent upon future levels of grant funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 2014 Marine Safety Grant Award from the Michigan Department of Natural Resources in the amount of $119,000 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office, Correspondence from Steven J DeBrabander, Manager Grants Management Section, 2014 Marine Safety Program (Federal and State Funding) Grant Agreement and Assurances – Non-Construction Program Incorporated by Reference. Original on file in County Clerk’s office. 368 Commissioners Minutes Continued. July 16, 2014 FISCAL NOTE (MISC. #14162) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE – 2014 MARINE SAFETY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Sheriff's Office applied for $333,259 in total funding for the 2014 Marine Safety program. 2. The Michigan Department of Natural Resources (MDNR) awarde d the Sheriff’s Office $119,000 consisting of $44,700 in Federal funding and $74,300 in State funding. 3. No County match is required with the Federal funding. However, the State requires a twenty-five percent (25%) county match, which totals $24,767 based on the State’s formula for meeting the County’s match (State funding divided by 75% then multiplied by 25%). 4. The State recognizes the use of the Sheriff’s Marine Safety program expenses in the General Fund as grant match. 5. Sufficient funds for the in-kind grant match portion are available in the Sheriff’s Office FY 2014 budget. 6. The State grant period is January 1, 2014 through December 30, 2014 and the Federal grant period is January 1, 2014 through September 30, 2014. 7. The change in grant award funding from the previous year represents a reduction of $10,551; the current award of $119,000 is $81,000 less than the FY 2014 Budget of $200,000. 8. The FY 2014 Budget is amended as follows: GENERAL FUND (#10100) FY 2014 Revenues 4030601-116200-626619 Sheriff Marine Safety ( $ 81,000 ) 9010101-196030-665882 Planned Use of Balance $ 81,000 Total General Fund Revenues $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 372.) *MISCELLANEOUS RESOLUTION #14163 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan offers funding to local communities under PA 511; and WHEREAS this funding is targeted to divert non-violent offenders from prison into local jail or sentencing alternatives; and WHEREAS Oakland County has been receiving Community Corrections funds since 1994; and WHEREAS the application has been completed and is requesting funding in the amount of $1,734,003 for plans and services for the grant period October 1, 2014 through September 30, 2015; and WHEREAS a total appropriation of $1,947,275 is requested for probation residential services, which the State now pays directly to the Probation Residential Centers since they hold the contract for all residential services; and WHEREAS the grant application seeks full-time eligible funding for positions 7425, 7426, 7429, 7432, 7433, 9243, 9247, 9291, 9295, 9648, 9649 and PTNE funding for positions 9292 and 9397 within the Community Corrections Division; and WHEREAS the grant application also seeks funding for positions 7834 and 9396, whereby the State will fund 50% of the costs, and the County will match 50% of the total costs for these two (2) positions in the Community Corrections Division; and WHEREAS the grant application seeks full-time funding for positions 7419, 7420, 7418, 7421, and PTNE funding for position 7417 within the Sheriff’s – Correction Services Division; and 369 Commissioners Minutes Continued. July 16, 2014 WHEREAS any programs created through these funds become part of the County’s Comprehensive Community Corrections Plan; and WHEREAS PA 511 of 1988 requires that the “County Board or Boards of Commissioners of the County shall approve the proposed comprehensive plan prepared by their advisory board.” NOW THEREFORE BE IT RESOLVED that the application to request $1,734,003 from the State Office of Community Corrections for the purpose of continuing programs contained within the Office of Community Corrections FY 2014 grant application for offenders who meet PA 511 eligibility is hereby approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the $1,947,275 allocation for probation residential services to be administered by the Michigan Department of Corrections/Office of Community Corrections. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the proposed comprehensive plan prepared by the Community Corrections Advisory Board. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Community Corrections, Michigan Department of Corrections Office of Community Corrections Plan and Application Fiscal Year 2015, Summary of Program Services for Oakland County, Program Cost Description for Oakland County and FY 2015 Funding Proposal for Oakland County Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC #14163) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS – MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 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 State of Michigan offers funding to local communities under PA 511 and the funding is targeted to divert non-violent offenders from prison into local jail or sentencing alternatives. 2. Oakland County has been receiving Community Corrections funds since 1994. 3. The Oakland County Community Corrections Division has applied to the Michigan Department of Corrections (MDOC) requesting funding in the amount of $1,734,003 for plans and services for the grant period of October 1, 2014, through September 30, 2015. 4. The FY 2015 application is $33,215 more than FY 2014 award. 5. Michigan Department of Corrections holds the contracts for all residential services, meaning the State is responsible for the payment and billing of the Probation Residential Centers in the amount of $1,947,275, which will be paid directly to the residential centers. The County is responsible for requesting the allocation and tracking the costs. The $1,947,275 will be paid by the State directly to residential centers. The remaining amount of $1,734,003 is the County’s responsibility as detailed on Schedule A. 6. The grant provides funding for positions in the Community Corrections Division and the Sheriff’s Office. 7. The grant seeks funding for the following Community Corrections Division positions: ten (10) FTE Community Corrections Specialist IIs (positions 7425, 7426, 7429, 7432, 7433, 9243, 9247, 9291, 9648, 9649, one (1) FTE Office Assistant II (position 9295), one-half (.50) FTE Community Corrections Support Specialist (position 7834), one half (.50) FTE Supervisor-Community Corrections (position 9396), one (1) PTNE Community Correction Specialist I (position 9397) and one (1) PTNE Community Corrections Specialist II (position 9292). 8. The grant will continue to fund the following Sheriff’s Department positions; three (3) FTE Inmate Caseworkers (position 7418, 7419 and 7420), one (1) FTE Inmate Substance Abuse Tech (position 7421), and one (1) PTNE Office Assistant II, (position 7417). 9. No County match is required with this grant; however, it should be noted that the FY 2015 Budget of this grant application seeks funding for two (2) General Fund/General Purpose FTE positions 370 Commissioners Minutes Continued. July 16, 2014 (1070403-7834 and 1070410-9396) whereby the State will fund 50% of the costs, and the County will match 50% of the costs. 10. No budget amendment is required at this time. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (18) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). There were no items to report on the Regular Agenda for the Finance Committee. There were no items to report on the Regular Agenda for the General Government Committee. There were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #14164 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: RESOLUTION APPROVING AN AMENDMENT TO SUBLEASE IN CONNECTION WITH THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY HOUSING PROJECT LOCATED IN OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Building Authority (the “Authority”) has entered into a contract with the County of Oakland (the “County”) to acquire various facilities (the “Project”) which will be subleased by the Oakland County Community Mental Health Authority of the County of Oakland, Michigan (“CMHA”); and WHEREAS an amendment to sublease (the “Amendment to Sublease”) has been prepared for that purpose a copy of which is attached as Appendix I. NOW THEREFORE BE IT RESOLVED By the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. The Amendment to Sublease attached as Appendix I is approved and the officers of the County designated thereon are authorized to execute and deliver the same on behalf of the County. 2. All resolutions and parts of resolutions, insofar as they conflict with the foregoing resolution are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE APPENDIX I AMENDMENT TO SUBLEASE THIS AMENDMENT TO SUBLEASE (“Amendment to Sublease”) made and entered into this first day of August, 2014, by and between the COUNTY OF OAKLAND, a Michigan municipal and constitutional corporation (the “County”), and the OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY (“CMHA”), a Mental Health Authority organized and existing under and pursuant to the provisions of Public Act No. 258 of the Public Acts of Michigan of 1974, as amended by Public Act No. 290 of the Public Acts of Michigan of 1995 (the “Act”), and WHEREAS pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948, extra session, as amended, ("Act 31") the Oakland County Building Authority (the "Authority") and the County of Oakland (the "County"), have entered into a Full Faith and Credit General Obligation Lease Contract dated as of December 1, 2006 (the "Lease Contract") and a Sublease between the County and the Oakland County Community Mental Health Authority (the “CMHA”) dated as of June 27, 2007 (the “Sublease”); and 371 Commissioners Minutes Continued. July 16, 2014 WHEREAS pursuant to the Lease Contract and the Sublease, the Building Authority has issued the Oakland County Building Authority, Building Authority Bonds, Series 2007 in the original aggregate principal amount of $5,500,000 dated as of August 1, 2007 (the "Prior Bonds") to defray the cost of acquiring various facilities located throughout the County to be used by the CMHA; and WHEREAS the Authority may call the Prior Bonds maturing on March 1, 2015 through March 1, 2025 on September 1, 2014; and WHEREAS the Prior Bonds were issued at a time when interest rates were much higher than is currently the case and, accordingly, bear rates of interest in excess of current tax-exempt interest rates; and WHEREAS the CMHA, the County and the Authority have determined that it is necessary and appropriate at this time to issue a series of refunding bonds to be known as the Oakland County Building Authority Refunding Bonds, Series 2014 (the “Refunding Bonds”), to refund in part the Prior Bonds; and WHEREAS in order permit the issuance of the Refunding Bonds and to reflect the new debt retirement schedule, which will result from the issuance of the Refunding Bonds, it is necessary to adopt this Amendment to Sublease. THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS CONTAINED HEREIN, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS AMENDMENT TO SUBLEASE AS FOLLOWS: 1. Authorization and Issuance of Refunding Bonds. The County intends to cause the Authority to issue its Oakland County Building Authority Refunding Bonds, Series 2014 in the aggregate principal amount of not to exceed $3,300,000 (the "Refunding Bonds") for the purpose of refunding the Prior Bonds which will result in a net interest cost to the Authority substantially less than the interest cost on the old bonds, which Refunding Bonds are to be dated as of the first day of August 2014. Interest shall be payable semiannually and shall begin as specified in the Refunding Bond resolution, until maturity of the Refunding Bonds in accordance with the Debt Retirement Schedule set forth on Exhibit A-1 to this Amendment to Sublease. Each date on which any payment of principal of and/or interest on any Refunding Bond is due is referred to herein as a "Refunding Bond Payment Date." The Refunding Bonds may be payable on the first day of a different month if necessary to match rental income paid to the County. The County and CMHA recognize and acknowledge that: a. The Estimated Debt Retirement Schedule is based upon an estimated interest rate and date of issuance of the Refunding Bonds, and assumed Refunding Bond Payment Dates, all as set forth in EXHIBIT A-1. The actual Debt Retirement Schedule as set forth in blank in EXHIBIT A-2 will be completed after the Refunding Bonds are sold. b. The Refunding Bonds shall not be subject to redemption prior to maturity. The County agrees that upon request it shall cause the Authority to defease the Refunding Bonds, provided that CMHA has deposited or will deposit sufficient money to permit such defeasance with the Authority prior to defeasance of such Refunding bonds. 2. Agreement as to use of the Project. CMHA agrees that in order to assure the County and the Authority that the Refunding Bonds issued to finance the Project are exempt from federal income taxes that it will execute and deliver, prior to the delivery of the Refunding Bonds, an Arbitrage Certificate in the form attached hereto as EXHIBIT B. CMHA further agrees that during the term of this Amendment to Sublease, it will cause all use of the Project to comply with its representations made in the Arbitrage Certificate attached as EXHIBIT B. 3. Failure to Comply with Paragraph 2. CMHA agrees that if for any reason it cannot continue to comply with Paragraph 2, it will before this occurs immediately proceed to refinance the Project through conventional financing and thereafter acquire the Project from the County under the same terms and conditions as are set forth in its Option to Purchase set forth in Paragraph 5. (Arbitrage Certificate) 4. Contractual Rights of Refunding Bondholders. Inasmuch as this Amendment to Sublease provides the security for payment of the principal and interest on the Refunding Bonds, it is hereby declared that this Amendment to Sublease is made for the benefit of the holders from time to time of the Refunding Bonds, as well as for the benefit of the parties, that such holders shall have contractual rights under this Amendment to Sublease. In the event of any default under this Amendment to Sublease on the part of CMHA, the County and the Authority and the holders of the Refunding Bonds shall have all rights and remedies provided by law. The parties further agree that they will not do, or permit to be done, any act, and that this Amendment to Sublease 372 Commissioners Minutes Continued. July 16, 2014 will not be amended in any manner, which would impair the security of the Refunding Bonds or the rights of the holders of the Refunding Bonds. 5. Option to Purchase. CMHA shall continue to have an option to purchase the Leased Premises from the County during the term of this Amendment to Sublease so long as CMHA is not in default of any provision of this Amendment to Sublease. If CMHA is in default of any provision of this Amendment to Sublease the County will have sole discretion as to whether to allow CMHA to exercise the option under this Paragraph. The option shall be exercisable on six (6) months notice to the County, which notice shall be addressed to the Oakland County Clerk, County Service Center, Building #12 East, 1200 N. Telegraph Road, Pontiac, Michigan 48341, a copy to the Oakland County Executive at the Executive Office Building, Building #41 West, 2100 Pontiac Lake Road, Waterford, Michigan, 48328 and a copy to the Department of Corporation Counsel at 1200 N. Telegraph Road, Department 419, Pontiac, Michigan, 48341. The conveyance of the Leased Premises shall be contingent upon payment to the County of: (a) all outstanding principal and interest due on the Refunding Bonds to be issued together and all expenses of establishing an Escrow to Defease the Refunding Bonds on the date the Leased Premises are to be conveyed to CMHA, and (b) payment of all other expenses of the County related to transferring title to CMHA under this option. 6. Original Sublease Otherwise Remains in Effect. Except as provided in this Amendment to Sublease, the original Sublease dated as of June 27, 2007 shall remain in full force and effect. 7. Severability. Any provision of this Amendment to Sublease which is found by a court of competent jurisdiction to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions contained in this Amendment to Sublease and such other provisions shall remain in full force and effect. 8. Choice of Law. This Amendment to Sublease shall be governed by Michigan law. The language of all parts of this Amendment to Sublease is intended to and under all circumstances shall be construed as a whole according to its fair meaning and not strictly construed for or against any party. 9. Successors and Assigns. This Amendment to Sublease shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns, provided, however, that no assignment shall be made in violation of the terms of this Amendment to Sublease nor shall any assignment be made by CMHA without the approval of the County or which would impair the security of the Refunding Bonds or the rights of the holders of the Refunding Bonds. 10. Consents, Notices, Etc. The right to give any consent, agreement or notice required or permitted in this Amendment to Sublease shall be vested, in the case of the County, in its Board of Commissioners, and in the case of CMHA, in its Board. Any notice required or permitted to be given under this Amendment to Sublease shall be given by delivering the same, in the case of the County, to the County Clerk, and in the case of CMHA, to its Executive Director. 11. Changes in Law or Corporate Status. In the event there shall occur changes in the Constitution or statutes of the State of Michigan which shall affect the organization, territory, powers or corporate status of CMHA or the County, the terms and provisions of this Amendment to Sublease shall be unaffected thereby insofar as the obligation of CMHA to make the cash rental payments is concerned. In the event of a change in the Constitution or statutes of the State of Michigan which has the effect of dissolving CMHA at any point in time prior to retirement of the bond issue, then CMHA agrees that the Project, or any portion of the Project, may be sold to satisfy the obligation on the Refunding Bonds. Further, CMHA agrees that any deficiency between the net sale price available to be applied to retire the Refunding Bonds and the amount needed to retire the Refunding Bonds will be paid to the Authority by CMHA, and be applied to retire the Refunding Bonds. CMHA further agrees to make no claim for any equity it has in the Project until the Refunding Bonds are paid off and retired. The proceeds of any sale or other liquidation of any interest of CMHA in the Project are hereby impressed with a first and prior lien for payment of any outstanding Refunding Bonds or other obligations of the Authority incurred by reason of the Project or any additions or improvements thereto. 12. Remedies. The County shall have available to it any and all remedies allowed under this Amendment to Sublease, law, equity or P.A. 1948 No. 31, to enforce the terms and conditions of this Amendment to Sublease. 373 Commissioners Minutes Continued. July 16, 2014 13. Effective Date of Amendment to Sublease. This Amendment to Sublease shall become effective on the date of execution. IN WITNESS WHEREOF for an in consideration of the mutual assurances, promises, acknowledgements, and representations set forth in this Amendment to Sublease, the OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY, by ITS Board, and the COUNTY OF OAKLAND, by its Board of Commissioners, have caused this Amendment to Sublease to be signed by their duly authorized officers, and their seals to be affixed hereto, all as of the day and year first above written. WITNESS: OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY ____________________ By: _____________________________ ____________________________ and _____________________ By: _____________________________ ____________________________ COUNTY OF OAKLAND _____________________ By: _____________________________ Chairman, Board of Commissioners _____________________ By: _____________________________ County Clerk Las.r4-oak261 EXHIBIT A-1 [PLEASE ATTACH R4-OAK261.EXHIBIT A-1] EXHIBIT A-2 [TO BE INSERTED AFTER BONDS ARE SOL EXHIBIT B [CMHA’S ARBITRAGE CERTIFICATE] [PLEASE ATTACH R4-Oak261.Exhibit B] The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #14165 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: FACILITIES PLANNING & ENGINEERING/HEALTH AND HUMAN SERVICES – CHILDREN’S VILLAGE J-BUILDING BASEMENT AND FIRST FLOOR RENOVATIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Children’s Village Division of the Health & Human Services Department is requesting approval to repurpose the basement level and first floor of the CV-J administration building; and WHEREAS this will utilize empty space in the basement as well as free up much needed space on the first floor; and 374 Commissioners Minutes Continued. July 16, 2014 WHEREAS this move will allow for the consolidation of clerical staff into one area, and also free up space for use as a conference area for staff meetings; and WHEREAS the cost for renovation of the space (electrical, mechanical and architectural) and the moving/set-up of office furniture and installing voice/data connections is $28,008 including a contingency of $3,653; and WHEREAS Facility Management staff will manage and perform the installation work, with the assistance of annual, competitively bid contractors and Information Technology Department staff; and WHEREAS funding is available to transfer in the amount of $28,008 from the Professional Services line item in the Health and Human Services budget (#731458) to the Project Work Order fund (#40400). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the renovation of the Children’s Village Administration building at a cost of $28,008. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUIDLING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #14166 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: FACILITIES PLANNING & ENGINEERING/HEALTH & HUMAN SERVICES – INSTALLATION OF KIOSKS AT SOUTH OAKLAND HEALTH CENTER To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Health Division of the Health & Human Services Department is requesting approval to install kiosks at our South Oakland Health Center, similar to those successfully in use at the North Oakland Health Center; and WHEREAS the kiosks allow clients to perform self-service tasks and can also capture client-specific data; and WHEREAS the kiosks aid in creating a more seamless health visit process to complement Health Division capabilities and improve clinic flow; and WHEREAS using the kiosks, clients can pre-register, enter demographic data, and complete on-line questionnaires to expedite intake and provide real-time information to County clinical staff to better identify needed client services; and WHEREAS the on-line capture of data via kiosks reduces the need for clients to fill out manual forms and staff to subsequently type the data into the system; and WHEREAS management reports can be generated from the kiosk regarding hourly/daily/monthly service demands to aid in planning and staffing; and WHEREAS the kiosks were purchased with emergency preparedness funds; and WHEREAS the cost for installation of five kiosks at SOHC is $7,498, including a $1,000 contingency; and WHEREAS Facilities Management staff will manage and perform the installation work; and WHEREAS funding is available to transfer in the amount of $7,498 from within the existing Health and Human Services budget to the Project Work Order Fund (#40400). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the installation of five kiosks at SOHC at a cost of $7,498. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #14167 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE – CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE MICHIGAN RENAISSANCE FESTIVAL – 2014 SEASON To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: 375 Commissioners Minutes Continued. July 16, 2014 WHEREAS the Michigan Renaissance Festival, the operator of a summer theatre facility by the same name in Groveland Township, has requested the Oakland County Sheriff's Office to supply Deputies for Law Enforcement Services for the upcoming 2014 season; and WHEREAS the Sheriff's Office has agreed to supply such Deputies on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Office; and WHEREAS this contract has been reviewed by Corporation Counsel; and WHEREAS the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly overtime rates for the 2014 season, as was established by Miscellaneous Resolution #12266. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the execution of the attached contract consistent with provisions contained therein. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute and enter into this agreement on behalf of the County. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2014 Contract for Police Protection Between the Michigan Renaissance Festival and Oakland County, Attachment A Contract Definitions, Attachment B Additional Acknowledgements, Attachment C O.C.S.O Independent Status, Attachment D Company Provided Insurance 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 #14168 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE – CONTRACT AMENDMENT #2 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON 2013-2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Brandon has contracted with the Oakland County Sheriff's Office to provide law enforcement services for the Township (Misc. #12309); and 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 Brandon; and WHEREAS the Charter Township of Brandon has approved a proposed amendment to the contract adding a Patrol Investigator for the period of August 20, 2014 to June 19, 2015; and WHEREAS the Charter Township of Brandon has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would add a Patrol Investigator (School Liaison) GF/GP position located at #4030619 on August 20, 2014; and WHEREAS the Sheriff has agreed to the provisions of Amendment #2 for the Charter Township of Brandon under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves Amendment 2 to the original Oakland County Sheriff's Office 2013-2015 Law Enforcement Services Agreement with the Charter Township of Brandon. BE IT FURTHER RESOLVED to create one (1) GF/GP full time eligible Patrol Investigator (School Liaison) Deputy II position (#4030619). BE IT FURTHER RESOLVED that this amendment will take effect August 20, 2014. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE 376 Commissioners Minutes Continued. July 16, 2014 SCHEDULE A Effective on June 27, 2014 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 $5,591.31 $145,374 $5,682.09 $147,734 $5,775.89 $150,173 Detective Sergeant 1 $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) 8.5 $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) 2372 $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 TOTAL 10.5 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. 372 (1) Patrol Investigator assigned only from August 20, 2014 to June 19, 2015. 377 Commissioners Minutes Continued. July 16, 2014 OAKLAND COUNTY SHERIFF'S OFFICE 2013-2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Amendment 2 Pursuant to paragraph 31 of the 2013-2015 Law Enforcement Services Agreement between the COUNTY and the CHARTER TOWNSHIP OF BRANDON, 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, 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, Kathy Thurman, Supervisor of the Charter Township of Brandon, 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: _______________ KATHY THURMAN Supervisor WITNESSED: _________________________, Clerk DATE: _______________ Charter Township of Brandon 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 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 The Chairperson referred the resolution to the Human Resources Committee and the Finance Committee. There were no objections. Copy of Correspondence from Kathy Thurman , Brandon Township Supervisor and Intergovernmental Agreement to Provide Police Liaison Officer for Brandon Schools Incorporated by Reference. Original on file in County Clerk’s office. MISCELLANEOUS RESOLUTION #14169 BY: Commissioner Dave Woodward, District #19; Gary McGillivray, District #20 RE: BOARD OF COMMISSIONERS – INITIATE PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM COUNTYWIDE TO ASSIST OAKLAND COUNTY BUSINESSES AND GREEN INVESTMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: 378 Commissioners Minutes Continued. July 16, 2014 WHEREAS Property Assessed Clean Energy (PACE) is a program designed to allow property owners to install small-scale renewable energy systems and make energy efficiency improvements to their buildings and pay for the cost over its functional life through an on-going assessment on property tax bills.; and WHEREAS PACE is a voluntary program that addresses two barriers to adoption for clean energy and energy efficiency installations – the high up-front cost and the possibility that those costs will not be recovered if the property is sold; and WHEREAS PACE assessments do not create a burden on taxpayers because they are only paid by participating owners for their own projects; and WHEREAS A 2012 study by the Rockefeller Foundation outlined an investment opportunity of nearly $280 billion over the next 10 years that would translate to over $1 trillion in energy savings, over 3 million jobs, and 600 million fewer metric tons of carbon emissions per year; and WHEREAS Michigan has enacted PACE enabling legislation and PACE programs have launched; and WHEREAS Huron, Ingham, Macomb, Saginaw, and Wayne Counties as well as the Cities of Rochester Hills, Southfield and Ann Arbor have all moved forward with PACE for commercial property owners; and WHEREAS the governments in Michigan to date forming PACE districts, excluding Ann Arbor, have joined a cooperative organization called Lean and Green Michigan to access low interest financing; and WHEREAS Oakland County should always be leader in programs that promote economic development and environmental stewardship; and WHEREAS a PACE program would be a wise supplement to the county’s existing OakGreen program that provides incentives for organizations to reduce their energy consumption by 10%; and WHEREAS the lack of a countywide PACE district is depriving many companies of a valuable tool to save on energy costs and access low interest financing; and WHEREAS a PACE program could be created at little or no cost to county taxpayers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests that the Economic Development and Community Affairs Department enter into discussion with Lean and Green Michigan to explore the creation of a countywide Property Assessed Clean Energy (PACE) District. Chairperson, I move the adoption of the foregoing Resolution. DAVE WOODWARD, MATTIE HATCHETT, HELAINE ZACK, JANET JACKSON, MARCIA GERSHENSON, GARY MCGILLIVRAY The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. MISCELLANEOUS RESOLUTION #14170 BY: Commissioner David Woodward, District #19 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR SENATE BILL 2432 – BANK ON STUDENTS EMERGENCY LOAN REFINANCING ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Student loan debt is exploding, creating a crisis that threatens our economy, with outstanding student loans now totaling more than $1.2 trillion, surpassing total credit card debt – and every year; and WHEREAS an astonishing 71% of college seniors had debt in 2012, with an average outstanding balance of $29,400 for those who borrowed to get a bachelor’s degree; and WHEREAS student debt is crushing the middle class. Key federal economic agencies like the Federal Reserve, the Treasury Department, and the Consumer Financial Protection Bureau have weighed in on the dangers of exploding student debt. This debt is stopping a growing proportion of families from buying homes, saving for retirement, and making purchases that will keep our economy on the road to recovery; and WHEREAS Young borrowers are failing to keep up with payments. One in seven borrowers defaults on federal student loans within three years of beginning repayment. Other borrowers are just barely keeping their heads above water – in total, 30% of Federal Direct student loan dollars are in default, forbearance, or deferment; and WHEREAS Senate Bill 2432, introduced by Senator Elizabeth Warren, will allow students to refinance their loans at interest rates as low as 3.86 percent and save thousands of dollars in the process; and 379 Commissioners Minutes Continued. July 16, 2014 WHEREAS the Congressional Budget Office (CBO) estimates that slightly more than half of the outstanding loan volume for federal student loans and loan guarantees (about $500 billion) would be refinanced under the bill; and WHEREAS last year, large bipartisan majorities agreed that federal loan rates were far too high and voted to lower them this year for new borrowers – but did nothing for existing borrowers. House Speaker John Boehner (R-OH) hailed last year’s agreement as a “market-based solution” that was “consistent” with Republican policy proposals. Senator Burr (R- NC) said the new rate legislation “ensures access and affordability for students”; and WHEREAS with interest rates near historic lows, homeowners, businesses, and even local governments with good credit regularly refinance their debts – but students have few options. Even though the federal government is by far the biggest student lender, it offers no refinancing option. Private refinancing options are extremely limited, and federal borrowers cannot participate without sacrificing key consumer protections on federal student loans; and WHEREAS this legislation would give student loan borrowers a fair shot at managing their debt by offering them the opportunity to refinance their federal loans. All eligible federal FFELP and Direct student loan borrowers could refinance their high-interest loans down to the rates offered to new federal borrowers in the 2013-2014 school year under the Bipartisan Student Loan Certainty Act. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby supports the Senate Bill 2432 – Bank on Students Emergency Loan Refinancing Act and urges its adoption. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this legislation to the Michigan Congressional Delegation, U.S. Senators Carl Levin and Debbie Stabenow, Senator Elizabeth Warren, and Oakland County’s legislative lobbyists. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this resolution to the Michigan Association of Counties and the National Association of County Officials, with strong encouragement that their respective member counties also adopt similar resolutions. Chairperson, we move the adoption of the foregoing resolution. DAVE WOODWARD, MATTIE HATCHETT, JANET JACKSON, HELAINE ZACK, GARY MCGILLIVRAY, MARCIA GERSHENSON The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #14171 BY: Commissioners Mattie McKinney Hatchett, District #10; Shelley Goodman Taub, District #12; Helaine Zack, District #18; Bill Dwyer, District #14; Bob Hoffman, District #2; Kathy S. Crawford, District #9 IN RE: BOARD OF COMMISSIONERS – SUPPORT OF PROPOSITION 1 ON THE AUGUST 5, 2014 BALLOT TO REPEAL AND REPLACE THE MICHIGAN PERSONAL PROPERTY TAX To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS local governments in Michigan and Oakland County have struggled with unstable funding needed to provide services; and WHEREAS Michigan and Oakland County businesses have struggled with an uncompetitive tax on business; and WHEREAS Michigan’s personal property tax is an antiquated unfair double tax on Michigan’s small businesses; and WHEREAS small businesses and manufacturers power our economy and are the largest contributor to job growth in Michigan; and WHEREAS no other state in our region taxes business equipment the way Michigan does – and most of those states don’t tax it at all, which makes Michigan significantly less competitive when it comes to job creation and business investment; and WHEREAS Michigan communities have struggled for years to pay for essential services like police, fire, ambulances, schools and jails; and 380 Commissioners Minutes Continued. July 16, 2014 WHEREAS Michigan communities have relied on this shrinking source of Personal Property Tax revenue to provide other community services as well, including roads, transportation and libraries; and WHEREAS with bipartisan support the Michigan legislature has voted to reform the antiquated personal property tax to help increase Michigan’s competitiveness with other states and remove an onerous tax that will allow more business investment and create more jobs while making local community more financially stable at the same time; and WHEREAS this is not a constitutional amendment but the state constitution requires Michigan voters to approve certain changes in local taxes; and WHEREAS local governments have struggled with unstable funding needed to provide services and business have struggled with an uncompetitive tax on equipment for years; and WHEREAS the proposal will make Michigan more competitive, which will help local communities to attract more businesses and create local jobs; and WHEREAS if this proposal is not passed by Michigan voters, the antiquated unfair tax on our state’s small businesses and manufacturers will go back into effect and Michigan communities will not have stable revenue to fund local services; and WHEREAS the proposal is supported by many local governments and business organizations including the AARP-Michigan, Michigan Association of Counties, the Michigan Municipal League, the Michigan Townships Association, Michigan Association of Chiefs of Police, Michigan Association of Police Organizations, Michigan Community College Association, Michigan Farm Bureau, the Small Business Association of Michigan, Michigan Sheriffs Association, Michigan Chamber of Commerce, National Association of Independent Businesses and the Michigan Manufacturers Association; and WHEREAS the Oakland County Board of Commissioners has taken a position on ballot initiatives in the past on issues that may have a strong impact on Oakland County’s future. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the passage of Proposal 1 which will be placed before voters on the August 5, 2015 Michigan Primary Ballot. BE IT FURTHER RESOLVEDBE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the Oakland County delegation to the state legislature, the Michigan Association of Counties, the Strong and Safe Communities Coalition and Oakland County's legislative lobbyists. Chairperson, I move the adoption of the foregoing Resolution. MATTIE HATCHETT, SHELLY TAUB, HELAINE ZACK, BILL DWYER, KATHY CRAWFORD, MICHAEL GINGELL, GARY MCGILLIVRAY, JANET JACKSON Moved by Hatchett supported by Taub to suspend the rules and vote on Miscellaneous Resolution #14171 – Board of Commissioners – Support of Proposition 1 on the August 5, 2014 Ballot to Repeal and Replace the Michigan Personal Property Tax. Vote on motion to suspend the rules: AYES: Gershenson, Gingell, Hatchett, Jackson, Matis, McGillivray, Middleton, Spisz, Taub, Zack, Crawford, Dwyer. (12) NAYS: Gosselin, Long, Scott, Weipert, Bosnic. (5) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #14171 – Board of Commissioners – Support of Proposition 1 on the August 5, 2014 Ballot to Repeal and Replace the Michigan Personal Property Tax carried. Commissioner Long addressed the Board and stated she makes an effort not tell residents how to vote on proposals or millages and will not support this resolution. Moved by Hatchett supported by Taub the resolution be adopted. AYES: Gingell, Hatchett, Jackson, Matis, McGillivray, Middleton, Taub, Zack, Crawford, Dwyer. (10) NAYS: Gosselin, Long, Scott, Spisz, Weipert, Bosnic, Gershenson. (7) 381 Commissioners Minutes Continued. July 16, 2014 A sufficient majority having not voted in favor, the resolution failed. MISCELLANEOUS RESOLUTION #14172 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CHARTER TOWNSHIP OF HIGHLAND – CLYDE ROAD, GRAVEL ROAD PAVING – PROJECT NO. 50181 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 Highland, 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 Highland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Highland 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 50181 in the Charter Township of Highland is $39,398. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Highland 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 Highland. Chairperson, we move the adoption of the foregoing Resolution. BOB HOFFMAN Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland Road Commission and 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. 382 Commissioners Minutes Continued. July 16, 2014 MISCELLANEOUS RESOLUTION #14173 BY: Commissioner Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CHARTER TOWNSHIP OF OAKLAND – LIMESTONE PROGRAM – PROJECT NO. 52432 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 Oakland, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the Charter Township of Oakland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Oakland has demonstrated that it has authorized its 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 52432 in the Charter Township of Oakland is $20,557. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Oakland and authorizes the release of Tri- Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 Oakland. Chairperson, we move the adoption of the foregoing Resolution. MICHAEL SPISZ Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland Road Commission and 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. 383 Commissioners Minutes Continued. July 16, 2014 MISCELLANEOUS RESOLUTION #14174 BY: Commissioner Shelley Goodman Taub, District #12 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CITY OF BIRMINGHAM – INTERSECTION IMPROVEMENTS ON QUARTON ROAD AT CHESTERFIELD ROAD – PROJECT NO. 52411 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 Birmingham, 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 Birmingham and said appropriation has been transferred to a project account; and WHEREAS the City of Birmingham 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 52411 in the City of Birmingham is $14,066. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Birmingham 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 Birmingham. Chairperson, we move the adoption of the foregoing Resolution. SHELLEY TAUB Copy of Correspondences from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland Road Commission and 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. The Chairperson referred the resolution to the Finance Committee. There were no objections. 384 Commissioners Minutes Continued. July 16, 2014 MISCELLANEOUS RESOLUTION #14175 BY: Commissioner Shelley Goodman Taub, District #12 RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CITY OF BLOOMFIELD HILLS – INTERSECTION IMPROVEMENTS ON QUARTON ROAD AT CHESTERFIELD ROAD – PROJECT NO. 52411 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 3. 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 Bloomfield Hills, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Bloomfield Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Bloomfield Hills 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 52411 in the City of Bloomfield Hills is $14,066. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Bloomfield Hills 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 Bloomfield Hills. Chairperson, we move the adoption of the foregoing Resolution. SHELLEY TAUB Copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland Road Commission and 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. The Chairperson referred the resolution to the Finance Committee. There were no objections. 385 Commissioners Minutes Continued. July 16, 2014 MISCELLANEOUS RESOLUTION #14176 BY: Commissioner Michael J. Gingell, District #1 RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2014 APPROPRIATION – CITY OF AUBURN HILLS – CONCRETE SLAB REPLACEMENT I-75 RAMPS NORTH OF BROWN ROAD – PROJECT NO. 52391 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 Auburn Hills, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Auburn Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Auburn Hills has demonstrated that it has authorized its 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 52391 in the City of Auburn Hills is $50,269. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Auburn Hills and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 Auburn Hills. Chairperson, we move the adoption of the foregoing Resolution. MICHAEL GINGELL Copy of Correspondence from Patricia Z. Wierzbicki Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, copy of Correspondence from Thomas G. Noechel Programming Supervisor for the Oakland Road Commission and Cost Participation Agreement, 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. The Board adjourned at 8:30 p.m. to the call of the Chair or July 31, 2014, at 9:30 a.m. LISA BROWN MICHAEL J. GINGELL Clerk Chairperson 386