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HomeMy WebLinkAboutMinutes - 2015.05.06 - 7970 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES May 6, 2015 Meeting called to order by Chairperson Michael Gingell at 7:01 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bowman, Crawford, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack. (19) EXCUSED ABSENCE WITH NOTICE: Dwyer, Quarles. (2) Quorum present. Invocation given by Tom Middleton. Pledge of Allegiance to the Flag. Chairperson Michael Gingell addressed the Board to take a personal privilege in welcoming Congressman David Trott. Moved by Spisz supported by McGillvray the minutes of the April 23, 2015 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Woodward the agenda, be amended, as follows: Communications read as follows: PROCLAMATION: Angela and Scott Munroe, Foster Parent of the Year – Commissioner Shelley Taub, Judge Joan Young, Kathleen Trott and Commissioner David Bowman PROCLAMATION: Bessie and Lavern Burton, Foster Parent of the Year – Commissioner Shelley Taub, Judge Joan Young, Kathleen Trott and Commissioner David Bowman PROCLAMATION: Angela Hettinger, Circle of Light Award – Commissioner Shelley Taub, Judge Joan Young, Kathleen Trott and Commissioner David Bowman PROCLAMATION: Ayana Knox-Potts, Circle of Light Award – Commissioner Shelley Taub, Judge Joan Young and Commissioner Jeff Matis ITEMS NOT ON BOARD AGENDA GENERAL GOVERNMENT COMMITTEE e. Department of Health and Human Services/Health Division – Oakland University, REACH Grant Acceptance (Reason for Suspension Waiver of Rule III – Resolution was taken up by the Human Resources Committee immediately prior to today’s meeting. (Resolution was taken up by the General Government Committee on 4/27/15, and Fiscal Note was taken up by Finance on 4/30/15.)) Vote on agenda, as amended: AYES: Crawford, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman. (19) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. 236 Commissioners Minutes Continued. May 6, 2015 Chairperson Michael Gingell addressed the Board to introduce Commissioners Taub and Fleming to join him in presenting a proclamation honoring Kathy Williams, Housing Counsel & Homeless Services Supervisor, for exemplifying the qualities of a professional who cares about her community and whose work in Oakland County’s Community & Home Improvement Division has garnered her the distinction of being recognized as “2014 Housing Counselor of the Year” by the Michigan State Housing Development Authority. Chairperson Michael Gingell, Commissioners Taub and Fleming addressed the Board to present a proclamation honoring Lon Shook, Senior Community and Home Improvement Specialist, for exemplifying the qualities of a professional who cares about his community and whose work in Oakland County’s Community & Home Improvement Division has garnered him the distinction of being recognized as “2015 Housing Counselor of the Year” by the Michigan State Housing Development Authority. Commissioner Woodward addressed the Board to acknowledge Kathy Williams, Housing Counsel & Homeless Services Supervisor, and Lon Shook, Senior Community and Home Improvement Specialist. Chairperson Michael Gingell addressed the Board to introduce Commissioner Taub, Judge Joan Young, Kathleen Trott and Commissioner Bowman. Commissioner Taub, Judge Joan Young, Kathleen Trott and Commissioner Bowman addressed the Board to present a proclamation honoring Angela and Scott Munroe for their extraordinary work as dedicated foster care parents and to recognize them as recipients of the Honorable Joan E. Young Award for Foster Parents of the Year. Commissioner Taub, Judge Joan Young, Kathleen Trott and Commissioner Bowman addressed the Board to present a proclamation honoring Bessie and Lavern Burton for their extraordinary work as dedicated foster care parents and to recognize them as recipients of the Honorable Joan E. Young Award for Foster Parents of the Year. Commissioner Taub, Judge Joan Young, Kathleen Trott and Commissioner Bowman addressed the Board to present a proclamation honoring Angela Hettinger as a valued Foster Care Specialist, who has been recognized as a Circle of Light Award recipient for her tireless work to make a positive difference for countless area youth and families in the foster care system. Chairperson Michael Gingell addressed the Board to introduce Commissioner Taub, Judge Joan Young and Commissioner Matis. Commissioner Taub, Judge Joan Young and Commissioner Matis addressed the Board to present a proclamation honoring Ayana Knox-Potts for being a staunch advocate on behalf of foster children and foster parents, serving as an inspirational role model through her various levels of involvement in many organizations. She was appointed to the Great Start-STATE Advisory Board. She is very involved in her children’s academic and social development. Due to her dedication and leadership, she has been recognized as a Circle of Light Award recipient. Ayana Knox-Potts is among only a select few in the foster care system to have received this distinguished award. The children of Ayana Knox-Potts did a song selection for the Board of Commissioners. Chairperson Michael Gingell addressed the Board to ask if there were any communications. Oakland County Clerk – Register of Deeds, Lisa Brown, read a communication from Chairperson Michael Gingell appointing the following individuals to serve on the Oakland County Zoological Authority Board for a one-year term beginning May 2, 2015, ending May 1, 2016: APPOINTEES: Gordon Snavely, Valerie Knol and Larry Obrecht ALTERNATES: David Boerger, Ernest Essad and Alex Cooper There were no objections. The appointments were confirmed. 237 Commissioners Minutes Continued. May 6, 2015 The following people addressed the Board during public comment: Joel Dorfman, Angela Butler, Kristina Uptain, Connie Meech, Mel Corrigan, Laura Marcy, Katherine Erlich, Adam Rodnick, Bailey Lambert, Heather Stevens, Carolyn Gammicchio, Amy Nelson, Briana Purdy, Joan Moretzy and Dr. Eric Mince. Moved by Fleming supported by McGillivray 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 262. The resolution on this Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #15114 BY: Commissioners Shelley Taub, District #12; Dave Woodward, District #19 IN RE: BOARD OF COMMISSIONERS – AUDIT OF COLLECTION AND REMITTANCE OF EMERGENCY 911 FEES BY COMMUNICATION SERVICE PROVIDERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS an effective and reliable 911 system is critical to protect the health and safety of every person in Oakland County and the State of Michigan; and WHEREAS the expansion of wireless communication usage has increased the need for enhanced 911 technology that allows 911 dispatchers to receive detailed information about the specific physical location of a caller in an emergency; and WHEREAS 911 fees provide for the installation, operation, modification, and maintenance of universal emergency 9-1-1 service systems throughout Michigan; and WHEREAS all communication service suppliers that provide a communication service to a service user in the State of Michigan must bill and collect state and county 911 charges; and WHEREAS communication services, as defined by law, include any service capable of accessing, connecting with, or interfacing with a 911 system - including a local telephone device, cellular telephone device, wireless communication device, interconnected voice over the internet device; and WHEREAS retailers of prepaid wireless telecommunication services are required by law to collect state and county 911 charges for each transaction; and WHEREAS a February 2012 report issued by the Auditor General of Michigan “determined that approximately $4.7 million and $7.3 million of emergency 9-1-1 service charge revenue may not have been remitted by service suppliers for fiscal years 2008-09 and 2009-10, respectively”; and WHEREAS the 2012 Auditor General report also found “the Department of Treasury's emergency 9-1-1 Database indicated that only 181 (72%) service suppliers were actually remitting service charge revenue”; and WHEREAS state regulators lack the authority to audit service providers to ensure fees are being collected and remitted properly; and WHEREAS the Auditor General has recommended that the Michigan State Police and Department of Treasury “should pursue amendatory legislation and other measures necessary to ensure that all service suppliers collect and remit all emergency 9-1-1 service charge revenue”; and WHEREAS according to statistics provided by the FEC, the number of wireless subscriptions in Michigan is now in excess of 10.1 million and 2.8 landlines are still in use; and WHEREAS while the net number of connections have increased, state and county 911 fee revenues have not kept pace; and WHEREAS the lack of sufficient oversight of the collection of 911 fees by communication service providers constitutes a failure to ensure these funds are being properly collected and remitted. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls upon the Michigan Legislature to adopt legislation granting authority to state regulators to investigate and audit the collection and distribution of 911 fees by communication service providers. BE IT FURTHER RESOLVED that the Board of Commissioners calls upon the Michigan Association of Counties to take a leadership role in advancing this needed legislation. BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to submit a copy of this resolution to the Office of the Governor, Senate Majority and Minority Leaders, the House Speaker and Minority Leader, the Michigan Association of Counties and members of the Oakland County delegation to the Michigan Legislature. Chairperson, I move the adoption of the foregoing Resolution. SHELLEY TAUB, DAVE WOODWARD, JEFF 238 Commissioners Minutes Continued. May 6, 2015 MATIS, TOM MIDDLETON, MICHAEL GINGELL, PHILIP WEIPERT, JOHN SCOTT, MICHAEL SPISZ, BOB HOFFMAN, EILEEN KOWALL, HUGH CRAWFORD, MARCIA GERSHENSON, BILL DWYER, HELAINE ZACK, DAVID BOWMAN, NANCY QUARLES, GARY MCGILLIVRAY FISCAL NOTE (MISC. #15114) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – AUDIT OF COLLECTION AND REMITTANCE OF EMERGENCY 911 FEES BY COMMUNICATION SERVICE PROVIDERS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. As the resolution discloses, all communication service suppliers that provide communication service to a service user in the State of Michigan must bill and collect state and county 911 charges. 2. State regulators lack the authority to audit service providers to ensure fees are being collected and remitted properly. 3. While the net number of connections has increased, State and County 911 fee revenues have not kept pace. 4. The Oakland County Board of Commissioners calls upon the Michigan Legislature to adopt legislation granting authority to state regulators to investigate and audit the collection and distribution of 911 fees by communication service providers. 5. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15116 BY: Finance Committee, Tom Middleton Chairperson IN RE: BOARD OF COMMISSIONERS – PARTICIPATION IN THE CITY AUBURN HILLS DOWNTOWN DEVELOPMENT AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners supports the economic growth of Oakland County; and WHEREAS the Downtown Development Authority (“DDA”) Act, Public Act 197 of 1975, as amended, MCL 125.1651 et. seq., (“DDA Act”) enables DDA’s to utilize Tax increment Financing (“TIF”) to prevent deterioration, encourage historic preservation and promote economic growth in a business district; and WHEREAS the Board of Commissioners Tax Increment Financing District Review Policy Ad Hoc Committee (“TIF Review Committee”) reviews requests from municipalities to utilize TIF as provided in Miscellaneous Resolution #15056, which contains the recently updated performance standards to consider (“TIF Policy”) when making its recommendation to the Finance Committee on possible County participation in TIF plans; and WHEREAS on February 24, 1983, City of Auburn Hills (“Auburn Hills”) adopted Ordinance Number 325 establishing a DDA for Auburn Hills and on July 14, 2014, Auburn Hills adopted a Resolution of Intent and on August 11, 2014 held a public hearing regarding its intent to amend the boundaries of the Auburn Hills DDA; and WHEREAS on September 4, 2014 representatives of Auburn Hills and the DDA presented their TIF plan to the TIF Review Committee; and WHEREAS by Miscellaneous Resolution #14214, this Board of Commissioners exempted the County ad valorem property taxes from capture by the DDA and requested Corporation Counsel to attempt to negotiate an agreement with Auburn Hills and the DDA; and 239 Commissioners Minutes Continued. May 6, 2015 WHEREAS representatives from Auburn Hills and the DDA have spent considerable time and effort working with the County to structure a mutually acceptable development and TIF plan; and WHEREAS representatives from Auburn Hills and the DDA appeared again before the TIF Review Committee on April 23, 2015 and presented a TIF plan for the DDA and a proposed contract, both of which meet the standards of the TIF Policy; and WHEREAS the TIF plan provides for the capture of County property taxes beginning with the tax capture for 2015 for up to a total of $1,613,705.16 or fifteen years (through 2029), whichever occurs first; and WHEREAS although the County originally decided to opt-out of the Auburn Hills TIF plan, upon further review and successful negotiations with Auburn Hills and the DDA, the TIF Review Committee now recommends participation in the DDA plan presented on April 23, 2015 and set forth in the attached contract; and WHEREAS the contract requires the DDA to provide detailed annual financial reports to the County and to appear before the TIF Review Committee every 5 years during the term of the contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby rescinds Miscellaneous Resolution #14214. BE IT FURTHER RESOLVED that the Finance Committee recommends County participation in the TIF plan in an amount not to exceed $1,613,705.16 or for a period of fifteen years, whichever comes first, beginning with the tax year of 2015. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the County's participation in the DDA as specified in the attached contract. Chairperson, on behalf of the Finance Committee I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Tax Increment Financing Agreement Between the County of Oakland, City of Auburn Hills, and the Auburn Hills Downtown Development Authority Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15117 BY: Finance Committee, Tom Middleton Chairperson IN RE: BOARD OF COMMISSIONERS – ESTABLISH AN END DATE FOR COUNTY PARTICIPATION IN THE CITY OF AUBURN HILLS TAX INCREMENT FINANCING AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners supports the economic growth of Oakland County; and WHEREAS several municipalities in the County have established Downtown Development Authorities (“DDA’s”), Local Development Financing Authorities, Corridor Improvement Authorities (“CIA’s”) and Tax Increment Financing Authorities, to utilize Tax Increment Financing (“TIF”) to prevent deterioration, encourage historic preservation and promote economic growth in a business district or corridor; and WHEREAS according to an analysis by the County Treasurer’s Office, since 2004 approximately $62,000,000 of the County operating levy has been captured by these Authorities to improve deteriorating economic conditions; and WHEREAS prior to 1994, state law did not give the County the authority to opt-out of having its taxes captured; and WHEREAS recently, several municipalities have presented TIF proposals to the County for its consideration; and WHEREAS the Board of Commissioners Tax Increment Financing District Review Policy Ad Hoc Committee (“TIF Review Committee”) reviews requests from municipalities to utilize TIF, as provided in Miscellaneous Resolution #15056, (“TIF Policy”) when making its recommendation to the Finance Committee on possible County participation in TIF plans; and WHEREAS one of the factors, specified in the TIF Policy, to consider when reviewing a request to participate in a new TIF Plan, is whether a municipality has an older TIF plan capturing County taxes which was created before the County had an opportunity to opt-out; and 240 Commissioners Minutes Continued. May 6, 2015 WHEREAS the City of Auburn Hills has requested the County participate in a TIF Plan for its Downtown Development Authority; and WHEREAS the County initially opted-out of the Auburn Hills DDA but after careful consideration has determined it is in the County’s best interest to participate in that DDA and intends to execute a contract for its participation with Auburn Hills and the Auburn Hills DDA; and WHEREAS Auburn Hills has a DDA that was established on February 17, 1986 and is not capturing County taxes; and WHEREAS Auburn Hills has three TIF Districts that were established on January 7, 1985 and February 17, 1986 and are capturing County taxes; and WHEREAS since the three TIF Districts implemented their TIF plan they have captured approximately $16,937,440.30 of County taxes; and WHEREAS Auburn Hills has considered the County’s desire to comprehensively address its participation in the TIF plans throughout the County and has determined that it is in their best interest to establish a firm end date when the Auburn Hills’ TIF plan’s will cease capturing County taxes; and WHEREAS the TIF Review Committee recommends that, in conjunction with the County’s execution of a separate contract on the Auburn Hills DDA; the County, Auburn Hills and the Auburn Hills TIFA agree that the Auburn Hills TIF districts 85-A, 85-B and 86-D shall cease collecting County taxes on December 31, 2031 consistent with the terms in the attached agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract between the County, Auburn Hills and the Auburn Hills TIFA to establish that on December 31, 2031 the Auburn Hills TIFA shall cease collecting County taxes. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Agreement Between the County of Oakland the City of Auburn Hills and the Auburn Hills Tax Increment Finance Authority to End the Capture of County Taxes Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15118 BY: Finance Committee, Tom Middleton, Chairperson IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO ROAD COMMISSION FOR OAKLAND COUNTY (RCOC) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS RCOC has requested certain geographic information systems (GIS) and related land data for use in its projects to be conducted within the County borders; and WHEREAS the transmission of this data should be provided pursuant to an intergovernmental agreement regarding the use of this data by RCOC; and WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and WHEREAS the agreement has been presented to and approved by the RCOC Board of Road Commissioners; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “Enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly”; and WHEREAS the transmission of the data would benefit the County’s residents. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached intergovernmental agreement and authorizes the transfer of the information cited therein. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of the County of Oakland, and hereby accepts and binds the County of Oakland to the terms and conditions of this Agreement. BE IT FURTHER RESOLVED that no budget amendment is required at this time. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE 241 Commissioners Minutes Continued. May 6, 2015 Copy of Intergovernmental Agreement Between the County of Oakland and the Road Commission for Oakland County Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15119 BY: Finance Committee, Tom Middleton, Chairperson IN RE: INFORMATION TECHNOLOGY - INTERGOVERNMENTAL AGREEMENT TO TRANSFER GIS AND RELATED DATA TO OAKLAND SCHOOLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland Schools has requested certain geographic information systems (GIS) and related land data for use in its projects to be conducted within the County borders; and WHEREAS the transmission of this data should be provided pursuant to an intergovernmental agreement regarding the use of this data by Oakland Schools; and WHEREAS an agreement has been drafted (as attached) by the County’s Corporation Counsel; and WHEREAS the agreement has been presented to and approved by the Oakland Schools Board of Education; and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to “Enter into agreements with other governmental or quasi-governmental entities for the performance of services jointly”; and WHEREAS the transmission of the data would benefit the County’s residents. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the attached intergovernmental agreement and authorizes the transfer of the information cited therein. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of the County of Oakland, and hereby accepts and binds the County of Oakland to the terms and conditions of this Agreement. BE IT FURTHER RESOLVED that no budget amendment is required at this time. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Intergovernmental Agreement Between the County of Oakland and Oakland Schools Incorporated by Reference. Original on file in County Clerk’s office. (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15120 BY: Finance Committee, Tom Middleton, Chairperson IN RE: TREASURER’S OFFICE - RESOLUTION TO BORROW AGAINST DELINQUENT 2014 REAL PROPERTY TAXES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners of the County of Oakland (the "County") has heretofore adopted a resolution establishing the Oakland County Delinquent Tax Revolving Fund (the "Fund") pursuant to Section 87b of Act No. 206, Public Acts of Michigan, 1893, as amended ("Act 206"); and WHEREAS the purpose of the Fund is to allow the Oakland County Treasurer (the "County Treasurer") to pay from the Fund any or all delinquent real property taxes that are due and payable to the County, the State of Michigan and any school district, intermediate school district, community college district, city, township, special assessment district or other political unit for which delinquent tax payments are due; and WHEREAS it is hereby determined to be necessary for the County to borrow money and issue its notes for the purposes authorized by Act 206, particularly Sections 87c, 87d and 87g thereof; and WHEREAS the County has agreed in a Continuing Covenant Agreement dated as of September 27, 2014, between the County and Bank of America, N.A. to provide to Bank of America, N.A. certain information pursuant to Article VI, Section 6.05 (f) of the 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; and 242 Commissioners Minutes Continued. May 6, 2015 WHEREAS it is estimated that the total amount of unpaid 2014 delinquent real property taxes (the "delinquent taxes") outstanding on March 1, 2015, will be approximately $70,060,000, exclusive of interest, fees and penalties. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, State of Michigan, as follows: Authorization of Borrowing 1. Pursuant to and in accordance with the provisions of Act 206, Public Acts of Michigan, 1893, as amended, and especially Sections 87c, 87d and 87g thereof, the County shall borrow the sum of not to exceed Twenty Five Million Dollars ($25,000,000) and issue its notes (the "notes") therefor for the purpose of continuing the Fund for the 2014 tax year. The exact amount to be borrowed shall not exceed the amount of delinquent taxes outstanding on March 1, 2015, exclusive of interest, fees and penalties. The County Treasurer shall designate the exact amount to be borrowed after the amount of the 2014 delinquent taxes outstanding on March 1, 2015, or the portion of the 2014 delinquent taxes against which the County shall borrow, has been determined. Note Details 2. Pursuant to provisions of applicable law and an order of the County Treasurer, which order is hereby authorized, the notes may be issued in one or more series; shall be known as "General Obligation Limited Tax Notes, Series 2015" with a letter designation added thereto if the notes are issued in more than one series; shall be in fully registered form in denominations not exceeding the aggregate principal amounts for each maturity of the notes; shall be sold for not less than 98% of the face amount of the notes; shall bear interest at fixed or variable rates not to exceed the maximum interest rate permitted by applicable law; shall be dated, payable as to interest and in principal amounts, be subject to redemption in whole or in part prior to maturity, including any redemption premiums, and be subject to renewal, at such times and in such amounts, all as shall be designated in the order of the County Treasurer. Notes or portions of notes called for redemption shall not bear interest after the redemption date, provided funds are on hand with the note registrar and paying agent to redeem the same. Notice of redemption shall be given in the manner prescribed by the County Treasurer, including the number of days’ notice of redemption and whether such notice shall be written or published, or both. If any notes of any series are to bear interest at a variable rate or rates, the County Treasurer is hereby further authorized to establish by order, and in accordance with law, a means by which interest on such notes may be set, reset or calculated prior to maturity, provided that such rate or rates shall at no time be in excess of the maximum interest rate permitted by applicable law. Such rates may be established by reference to the minimum rate that would be necessary to sell the notes at par; by a formula that is determined with respect to an index or indices of municipal obligations, reported prices or yields on obligations of the United States or the prime rate or rates of a bank or banks selected by the County Treasurer; or by any other method selected by the County Treasurer. Payment of Principal and Interest 3. The principal of and interest on the notes shall be payable in lawful money of the United States from such funds and accounts as provided herein. Principal shall be payable upon presentation and surrender of the notes to the note registrar and paying agent when and as the same shall become due, whether at maturity or earlier redemption. Interest shall be paid to the owner shown as the registered owner on the registration books at the close of business on such date prior to the date such interest payment is due, as is provided in the order of the County Treasurer. Interest on the notes shall be paid when due by check or draft drawn upon and mailed by the note registrar and paying agent to the registered owner at the registered address, or by such other method as determined by the County Treasurer. Note Registrar and Paying Agent 4. The County Treasurer shall designate, and may enter into an agreement with, a note registrar and paying agent for each series of notes that shall be the County Treasurer or a bank or trust company that is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer may from time to time designate a similarly qualified successor note registrar and paying agent. Alternatively, the County Treasurer may serve as note registrar and paying agent if so designated by written order of the County Treasurer. 243 Commissioners Minutes Continued. May 6, 2015 Disposition of Note Proceeds 5. The proceeds of the sale of the notes shall be deposited into a separate account in the Fund and shall be used to continue the Fund. The County Treasurer shall pay therefrom and from unpledged funds in the Fund, uncommitted funds in the County General Fund and/or any other legally available funds, the full amount of the delinquent tax roll against which the County has borrowed, delivered as uncollected by any tax collector in the County and that is outstanding and unpaid on or after March 1, 2015, in accordance with the provisions of Act 206. If the notes are sold at a premium, the County Treasurer shall determine what portion of the premium, if any, shall be deposited in the 2015 Collection Account established in Section 6 hereof. 2015 Collection Account 6. There is hereby established as part of the Fund an account (hereby designated the "2015 Collection Account") into which account the County Treasurer shall place delinquent taxes against which the County has borrowed, and interest thereon, collected on and after March 1, 2015, or such later date as determined by the County Treasurer, all County property tax administration fees on such delinquent taxes, after expenses of issuance of the notes have been paid, any premium as determined pursuant to Section 5 hereof, and any amounts received by the County Treasurer from the County, the State of Michigan and any taxing unit within the County, because of the uncollectibility of such delinquent taxes. The foregoing are hereby established as funds pledged to note repayment. The County Treasurer shall designate the delinquent taxes against which the County shall borrow for each series of notes. Note Reserve Fund 7. There is hereby authorized to be established by the County Treasurer a note reserve fund for the notes (the "2015 Note Reserve Fund") if the County Treasurer deems it to be reasonably required as a reserve and advisable in selling the notes at public or private sale. The County Treasurer is authorized to deposit in the 2015 Note Reserve Fund from proceeds of the sale of the notes, unpledged moneys in the Fund, uncommitted funds in the County General Fund and/or any other legally available funds, an amount not exceeding ten percent (10%) of the face amount of the notes. Security for Payment of Notes 8. All of the moneys in the 2015 Collection Account and the 2015 Note Reserve Fund, if established, and all interest earned thereon, relating to a series of notes are hereby pledged equally and ratably as to such series to the payment of the principal of and interest on the notes and shall be used solely for that purpose until such principal and interest have been paid in full. When moneys in the 2015 Note Reserve Fund, if established, are sufficient to pay the outstanding principal of the notes and the interest accrued thereon such moneys may be used to retire the notes. If more than one series of notes is issued, the County Treasurer by order shall establish the priority of the funds pledged for payment of each such series. In such case the County Treasurer may establish sub-accounts in the various funds and accounts established pursuant to the terms of this resolution as may be necessary or appropriate. Additional Security 9. Each series of notes, in addition, shall be a general obligation of the County, secured by its full faith and credit, which shall include the County's limited tax obligation, within applicable constitutional and statutory limits, and its general funds. The County budget shall provide that if the pledged delinquent taxes and any other pledged amounts are not collected in sufficient amounts to meet the payments of principal and interest due on each series of notes, the County, before paying any other budgeted amounts, will promptly advance from its general funds sufficient moneys to pay that principal and interest. The County shall not have the power to impose taxes for payment of the notes in excess of constitutional or statutory limitations. If moneys in the 2015 Collection Account and the 2015 Note Reserve Fund, if established, are not sufficient to pay the principal of and interest on the notes, when due, the County shall pay the same in accordance with this Section, and may thereafter reimburse itself from the delinquent taxes collected. Release of Pledge of 2015 Collection Account 10. Upon the investment of moneys in the 2015 Collection Account in direct non-callable obligations of the United States of America in amounts and with maturities that are sufficient to pay in full the principal of and interest on the notes when due, any moneys in the 2015 Collection Account 244 Commissioners Minutes Continued. May 6, 2015 thereafter remaining may be released from such pledge created pursuant to Section 8 hereof and may be used to pay any or all delinquent real property taxes that are due the County, the State of Michigan and any school district, intermediate school district, community college district, city, township, special assessment district or other political unit to which delinquent tax payments are due for any year or for any other purpose permitted by law. Sale of Notes 11. The County Treasurer is hereby authorized to offer the notes at public or private sale as determined by order of the County Treasurer and to do all things necessary to effectuate the sale, delivery, transfer and exchange of the notes in accordance with the provisions of this resolution. Notes of one series may be offered for sale and sold separately from notes of another series. If the notes are to be sold publicly, sealed proposals for the purchase of the notes shall be received by the County Treasurer for such public sale to be held at such time as shall be determined by the County Treasurer and notice thereof shall be published in accordance with law, once in The Bond Buyer or the Detroit Legal News, both of which are hereby designated as being a publication printed in the English language and circulated in this State that carries as a part of its regular service, notices of sale of municipal bonds. Such notice shall be in the form prescribed by the County Treasurer. The County Treasurer is hereby authorized to cause the preparation of an official statement for the notes for the purpose of enabling compliance with SEC Rule 15c2-12 (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the notes, 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 successful bidder or bidders to comply with paragraphs (b)(3) and (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. The County Treasurer is authorized to enter into such agreements as may be required to enable the successful bidder or bidders to comply with the Rule. Continuing Disclosure 12. The County Treasurer is hereby authorized to execute and deliver in the name and on behalf of the County (i) a certificate of the County to comply with the requirements for a continuing disclosure undertaking of the County pursuant to paragraph (b)(5) or (d)(2) of the Rule, as applicable, and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Execution and Delivery of Notes 13. The County Treasurer is hereby authorized and directed to execute the notes for the County by manual or facsimile signature and the County Treasurer shall cause the County seal or a facsimile thereof to be impressed or imprinted on the notes. Unless the County Treasurer shall specify otherwise in writing, fully registered notes shall be authenticated by the manual signature of the note registrar and paying agent. After the notes have been executed and authenticated, if applicable, for delivery to the original purchaser thereof, the County Treasurer shall deliver the notes to the purchaser or purchasers thereof upon receipt of the purchase price. Additional notes bearing the manual or facsimile signature of the County Treasurer and upon which the seal of the County or a facsimile thereof is impressed or imprinted may be delivered to the note registrar and paying agent for authentication, if applicable, and delivery in connection with the exchange or transfer of fully registered notes. The note registrar and paying agent shall indicate on each note that it authenticates the date of its authentication. The notes shall be delivered with the approving legal opinion of Dickinson Wright PLLC. Municipal Financial Consultants Incorporated, Grosse Pointe Farms, Michigan, is hereby retained to act as financial consultant and advisor to the County in connection with the sale and delivery of the Notes. Exchange and Transfer of Fully Registered Notes 14. Any fully registered note, upon surrender thereof to the note registrar and paying agent with a written instrument of transfer satisfactory to the note registrar and paying agent duly executed by the registered owner or his or her duly authorized attorney, at the option of the registered owner thereof, may be exchanged for notes of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered note. 245 Commissioners Minutes Continued. May 6, 2015 Each note shall be transferable only upon the books of the County, which shall be kept for that purpose by the note registrar and paying agent, upon surrender of such note together with a written instrument of transfer satisfactory to the note registrar and paying agent duly executed by the registered owner or his or her duly authorized attorney. Upon the exchange or transfer of any note, the note registrar and paying agent on behalf of the County shall cancel the surrendered note and shall authenticate, if applicable, and deliver to the transferee a new note or notes of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered note. If, at the time the note registrar and paying agent authenticates, if applicable, and delivers a new note pursuant to this Section, payment of interest on the notes is in default, the note registrar and paying agent shall endorse upon the new note the following: "Payment of interest on this note is in default. The last date to which interest has been paid is [place date]." The County and the note registrar and paying agent may deem and treat the person in whose name any note shall be registered upon the books of the County as the absolute owner of such note, whether such note shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such note and for all other purposes, and all payments made to any such registered owner, or upon his or her order, in accordance with the provisions of Section 3 hereof shall be valid and effectual to satisfy and discharge the liability upon such note to the extent of the sum or sums so paid, and neither the County nor the note registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the note 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 notes, the County or the note 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 note registrar and paying agent shall not be required to transfer or exchange notes or portions of notes that have been selected for redemption. Book Entry System 15. At the option of the County Treasurer and notwithstanding any provisions of this resolution to the contrary, the County Treasurer is hereby authorized to enter into an agreement with a custodian or trustee for the purpose of establishing a "book entry" system for registration of notes to be fully registered. Pursuant to the provisions of such agreement, the notes may be registered in the name of the custodian or trustee for the benefit of other persons or entities. Such agreement shall provide for the keeping of accurate records and prompt transfer of funds by the custodian or trustee on behalf of such persons or entities. The agreement may provide for the issuance by the custodian or trustee of certificates evidencing beneficial ownership of the notes by such persons or entities. For the purpose of payment of the principal of and interest on the notes, the County may deem payment of such principal and interest, whether overdue or not, to the custodian or trustee as payment to the absolute owner of such note. Pursuant to provisions of such agreement, the book entry system for the notes may be used for registration of all or a portion of the notes and such system may be discontinued at any time by the County. The note registrar and paying agent for the notes may act as custodian or trustee for such purposes. Issuance Expenses 16. Expenses incurred in connection with the issuance of the notes, including without limitation any premiums for any insurance obtained for the notes, note rating agency fees, travel and printing expenses, fees for agreements for lines of credit, letters of credit, commitments to purchase the notes, remarketing agreements, reimbursement agreements, purchase or sales agreements or commitments, or agreements to provide security to assure timely payment of the notes, fees for the setting of interest rates on the notes and bond counsel, financial advisor, paying agent and registrar fees, all of which are hereby authorized, shall be paid by the County Treasurer from County property tax administration fees on the delinquent taxes, from any other moneys in the Fund not pledged to the repayment of notes and general funds of the County that are hereby authorized to be expended for that purpose. 246 Commissioners Minutes Continued. May 6, 2015 Replacement of Notes 17. Upon receipt by the County Treasurer of satisfactory evidence that any outstanding note has been mutilated, destroyed, lost or stolen, and of security or indemnity complying with applicable law and satisfactory to the County Treasurer, the County Treasurer may execute or authorize the imprinting of the County Treasurer's facsimile signature thereon and thereupon, and if applicable, a note registrar or paying agent shall authenticate and the County shall deliver a new note of like tenor as the note mutilated, destroyed, lost or stolen. Such new note shall be issued and delivered in exchange and substitution for, and upon surrender and cancellation of, the mutilated note or in lieu of and in substitution for the note so destroyed, lost or stolen in compliance with applicable law. For the replacement of authenticated notes, the note registrar and paying agent shall, for each new note authenticated and delivered as provided above, require the payment of expenses, including counsel fees, which may be incurred by the note registrar and paying agent and the County in the premises. Any note issued under the provisions of this Section in lieu of any note alleged to be destroyed, lost or stolen shall be on an equal basis with the note in substitution for which such note was issued. Chargebacks 18. For any principal payment date of the notes on or after January 1, 2018, the delinquent taxes on property foreclosed and sold pursuant to the provisions of Act 206 and against which the County has borrowed shall, if necessary to ensure full and timely payment of principal of and interest on the notes when due, be charged back to the taxing jurisdictions in such manner as determined by the County Treasurer. The proceeds of such chargebacks shall be deposited in the 2015 Collection Account as security for payment of the notes as described in Section 8 hereof. The provisions of this Section shall not limit the authority of the County Treasurer under the laws of the State of Michigan to charge back delinquent taxes under other circumstances or at other times. Purchase of Notes by County 19. All or any portion of the notes may be purchased or otherwise acquired by the County if the County Treasurer by order deems such purchase or acquisition to be in the best interest of the County. In such case, the County Treasurer is authorized to take such actions to effectuate the purchase or acquisition, including without limitation entering into an agreement to purchase or repurchase the notes. The purchase or other acquisition of notes by or on behalf of the County does not cancel, extinguish or otherwise affect the notes and the notes shall be treated as outstanding notes for all purposes of this resolution until paid in full. Issuance of Refunding Notes 20. The County shall refund all or part of the notes authorized hereunder and/or notes previously issued by the County to continue the Fund for prior tax years if and as authorized by order of the County Treasurer through the issuance of refunding notes (the "Refunding Notes") in an amount to be determined by order of the County Treasurer. Proceeds of the Refunding Notes may be used to redeem such notes and to pay issuance expenses of the Refunding Notes as authorized and described in Section 16 hereof. The County Treasurer shall have all the authority with respect to the Refunding Notes as is granted to the County Treasurer with respect to the notes by the other Sections hereof, including the authority to select a note registrar and paying agent, to apply to the Michigan Department of Treasury for approval to issue the Refunding Notes, if necessary, to cause the preparation of an official statement and to do all other things necessary to sell, execute and deliver the Refunding Notes. The Refunding Notes shall contain the provisions, shall be payable as to principal and interest and shall be secured as set forth herein and as further ordered by the County Treasurer. The Refunding Notes may be sold as a separate issue or may be combined in a single issue with other obligations of the County issued pursuant to the provisions of Act 206 as shall be determined by the County Treasurer. The County Treasurer is authorized to prescribe the form of Refunding Note and the form of notice of sale, if any, for the sale of Refunding Notes. Notice of Issuance of Notes 21. Within thirty (30) days after the issuance of the notes, 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 notes or (2) notice that such information has been filed with the Electronic 247 Commissioners Minutes Continued. May 6, 2015 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 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. Form of Notes 22. The notes shall be in the form approved by the County Treasurer, which approval shall be evidenced by the County Treasurer’s execution thereof. Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15121 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY – SECOND QUARTER 2015 DEVELOPMENT APPROPRIATION TRANSFER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS all development cost is incorporated as a single appropriation within the non-departmental budget and then an amount equal to the actual expense is transferred to the user department with a summary report to the Finance Committee; and WHEREAS the Department of Information Technology has determined the Second Quarter 2015 development charges to be $1,005,233.87 for the General Fund/General Purpose County departments; and WHEREAS direct charges to Special Revenue and Proprietary fund departments are $307,216.25 and non-county agencies are $19,721.50 for the Second Quarter 2015; and WHEREAS an appropriation transfer to General Fund/General Purpose County departments is needed to fund these development charges. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners has reviewed the Second Quarter 2015 Development Report and approves the Second Quarter appropriation transfer as specified on the attached schedule. BE IT FURTHER RESOLVED that the respective departmental Fiscal Year 2015 budgets are to be amended as specified in the attached detail schedule. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Information Technology Development Summary 2nd Quarter 2015 on file in County Clerk’s office. (The vote for this motion appears on page 262.) 248 Commissioners Minutes Continued. May 6, 2015 *MISCELLANEOUS RESOLUTION #15122 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – 2015 PARKS AND RECREATION PROPERTY TAX LEVY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners has the authority to levy 0.2410 mills tax to support the Oakland County Parks and Recreation Commission activities; and WHEREAS this levy was approved by the Oakland County voters on August 3, 2010 and as modified consistent with Michigan Law (MCL 211.34D(26)), the “Headlee Amendment”; and WHEREAS the 0.2410 mills is the maximum allowable tax rate after applying the “Headlee” millage reduction fraction of 0.9983 to the original millage rate of 0.2415; and WHEREAS the 0.2410 mills is estimated to generate $12,484,564 to support Oakland County Parks and Recreation Commission activities. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing Officers of the several cities of Oakland County are authorized and directed to spread on their respective township or city tax rolls for the year 2015 December Levy, a tax rate of 0.2410 mills for Oakland County Parks and Recreation activities, to be applied to the 2015 Taxable Value of all property located within their respective jurisdictions. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of 2015 Tax Rate Request on file in County Clerk’s office. (The vote for this motion appears on page 262.) *REPORT (MISC. #15099) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – DESIGNATION OF MAY 2015 AS ASIAN AND PACIFIC AMERICAN HERITAGE MONTH IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on April 27, 2015, reports with the recommendation the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #15099 BY: Commissioner Wade Fleming, District #16; Commissioner Marcia Gershenson, District #13; Commissioner Hugh Crawford, District #9; Commissioner Jeff Matis, District #15; Commissioner Gary McGillivray, District #20; Commissioner Michael Spisz, District #3; Commissioner Bob Gosselin, District #11; Commissioner Helaine Zack, District #18; Commissioner Bob Hoffman, District #2; Commissioner Janet Jackson, District #21; Commissioner Nancy Quarles, District #17; Commissioner Eileen Kowall, District #6 IN RE: BOARD OF COMMISSIONERS – DESIGNATION OF MAY 2015 AS ASIAN AND PACIFIC AMERICAN HERITAGE MONTH IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Asian and Pacific American Heritage Month is a national celebration during the month of May to recognize the tremendous contributions of Americans of Asian and Pacific Islander descent; and WHEREAS according to the 2010 Census, the Asian population grew faster than any other race group in the United States between 2000 and 2010; and WHEREAS the Asian and Pacific American population grew in the United States by 56% between 2000 and 2013; and WHEREAS this growth trend continues, with the total Asian American population in the U.S. at 19.4 million, reflecting a growth rate of 2.9% between 2012 and 2013; and 249 Commissioners Minutes Continued. May 6, 2015 WHEREAS Asian and Pacific Americans have enriched our culture, excelling in many fields, including education, business, science, technology, government, sports, and the arts; and WHEREAS countless Asian and Pacific Americans have answered the call to protect the cause of freedom by serving in our Armed Forces; and WHEREAS Oakland County is home to the second largest Asian population in Michigan and nearly half of Asians in the tri-county area; and WHEREAS the City of Troy is home to the largest number of Asians in the region, comprising almost 21% of the total population; and WHEREAS the entrepreneurship and innovation of Asian and Pacific Americans have strengthened Oakland County’s economy; and WHEREAS Asian and Pacific Americans contribute greatly to the economic, social, cultural and civic life of Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby designates May 2015 as Asian and Pacific American Heritage Month in Oakland County and encourages our citizens, governmental agencies, businesses and schools to celebrate and recognize the achievements of Asian Americans. Chairperson, I move the adoption of the foregoing Resolution. WADE FLEMING, MARCIA GERSHENSON, HUGH CRAWFORD, JEFF MATIS, GARY MCGILLIVRAY, MICHAEL SPISZ, BOB GOSSELIN, BOB HOFFMAN, JANET JACKSON, NANCY QUARLES, EILEEN KOWALL, PHILIP WEIPERT, JOHN SCOTT, CHRISTINE LONG, DAVE WOODWARD, DAVID BOWMAN, JANET JACKSON, SHELLEY TAUB (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15123 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – STATE OF MICHIGAN PUBLIC ASSISTANCE GRANT AGREEMENT - OAKLAND COUNTY WATER RESOURCES COMMISSIONER - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the President of the United States declared a disaster for Macomb, Oakland and Wayne Counties on September 25, 2014, under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and WHEREAS the disaster declaration is a result of damage resulting from severe storms and flooding during the period of August 11-13, 2014; and WHEREAS the Project Application Grant Report breaks down all the expenditures Oakland County Water Resource Commissioner requested reimbursement for due to storm damage; and WHEREAS the Project Application Grant Report submitted for a total of $1,167,035.44; and WHEREAS the required 25% match of $291,758.86 is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes acceptance of the State of Michigan Public Assistance Grant Agreement in the amount of $875,276.58 from the Michigan Department of State Police, Emergency Management and Homeland Security Division. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement of $875,276.58 and a 25% match of $291,758.86 for a total of $1,167,035.44 and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. 250 Commissioners Minutes Continued. May 6, 2015 Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Homeland Security – Public Assistance Grant Agreement Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15123) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – STATE OF MICHIGAN PUBLIC ASSISTANCE GRANT AGREEMENT - OAKLAND COUNTY WATER RESOURCES COMMISSIONER - 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. Pursuant to the President of the United States declaring a disaster for Macomb, Oakland and Wayne Counties as a result of damage from severe storms and flooding during the period of August 11-13, 2014, a Project Application Grant Report was submitted and Oakland County has been notified by the Michigan Department of State Police, Emergency Management and Homeland Security Division that $875,277 of funding is eligible for the Water Resources Commissioner related costs. 2. The purpose of this agreement is to provide supplementary financial assistance for disaster relief including funds for emergency and permanent work. 3. A portion of the funding, in the amount of $865,624, received from the grant award has been used for replacement and rehabilitation of electrical, controls, mechanical equipment and structures for the South Oakland County Sewage Disposal System (SOCSDS) also known as the George W Kuhn Retention and Treatment Basin. 4. The remaining portion of the funding, in the amount of $9,653, received from the grant award has been used for the purchase and installation of a security gate at the discharge point of the Henry Graham Chapter 20 Drainage District. 5. This grant requires a 25% match totaling $291,759 in the SOCSDS Pollution Control Fund (#58520) and Henry Graham Drain Ch20 Fund (#82494) expenses, bringing the overall program costs to $1,167,036. 6. The FY 2015 Budget is amended as follows to reflect the grant award: SOCSDS POLLUTION CONTROL FUND (#58520) FY 2015 Project ID 100000002004 Revenues 6010101-149667-690191 Capital Contr-Federal Grants $ 865,624 Total Revenues $ 865,624 Expenses 6010101-149667-796500 Budgeted Equity Adjustments $ 865,624 Total Expenses $ 865,624 HENRY GRAHAM DRAIN CH20 FUND (#82494) FY 2015 Project ID 100000002004 Revenues 6010101-155020-610314 Federal Capital Grants $ 9,653 Total Revenues $ 9,653 Expenses 6010101-155020-796500 Budgeted Equity Adjustments $ 9,653 Total Expenses $ 9,653 FINANCE COMMITTEE 251 Commissioners Minutes Continued. May 6, 2015 (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15124 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – STATE OF MICHIGAN PUBLIC ASSISTANCE GRANT AGREEMENT - OAKLAND COUNTY VEHICLE - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the President of the United States declared a disaster for Macomb, Oakland and Wayne Counties on September 25, 2014, under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and WHEREAS the disaster declaration is a result of damage resulting from severe storms and flooding during the period of August 11-13, 2014; and WHEREAS the Project Application Grant Report breaks down all the expenditures Oakland County requested reimbursement for due to storm damage of a vehicle; and WHEREAS the Project Application Grant Report submitted for a total of $8,431.09; and WHEREAS a 25% match of $2,107.77 is required; and WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes acceptance of the State of Michigan Public Assistance Grant Agreement in the amount of $6,323.32 from the Michigan Department of State Police, Emergency Management and Homeland Security Division. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement of $6,323.32 and a 25% match of $2,107.77 for a total of $8,431.09 and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Homeland Security – Public Assistance Grant Agreement (Vehicles) Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC #15124) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – STATE OF MICHIGAN PUBLIC ASSISTANCE GRANT AGREEMENT - OAKLAND COUNTY VEHICLE - 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. Pursuant to the President of the United States declaring a disaster for Macomb, Oakland and Wayne Counties as a result of damage from severe storms and flooding during the period of August 11-13, 2014, a Project Application Grant Report was submitted and Oakland County has been notified by the Michigan Department of State Police, Emergency Management and Homeland Security Division that $6,323 of funding is eligible for costs related to damaged vehicles. 2. The purpose of this agreement is to provide supplementary financial assistance for disaster relief including funds for emergency and permanent work. 3. Funding received from the grant award has been used to repair and restore three County vehicles. 4. This grant requires a 25% match of $2,108 in Motor Pool Fund expenses, bringing the total 252 Commissioners Minutes Continued. May 6, 2015 program costs to $8,431. 5. The FY 2015 Budget is amended as follows to reflect the grant award: MOTOR POOL FUND (#66100) FY 2015 Revenues 1030811-184010-650106 Contributions-Federal Grants $ 6,323 1030811-184010-665882 Planned Use of Balance ($ 6,323) Total Revenues $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15125 BY: General Government Committee, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – STATE OF MICHIGAN PUBLIC ASSISTANCE GRANT AGREEMENT - OAKLAND COUNTY SOUTH HEALTH BUILDING - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the President of the United States declared a disaster for Macomb, Oakland and Wayne Counties on September 25, 2014, under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and WHEREAS the disaster declaration is a result of damage resulting from severe storms and flooding during the period of August 11-13, 2014; and WHEREAS the Project Application Grant Report breaks down all the expenditures Oakland County South Health Building requested reimbursement for due to storm damage; and WHEREAS the Project Application Grant Report was submitted for a total of $25,000.00; and WHEREAS a 25% match of $6,250.00 is required; and WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes acceptance of the State of Michigan Public Assistance Grant Agreement in the amount of $18,750.00 from the Michigan Department of State Police, Emergency Management and Homeland Security Division. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement of $18,750.00 and a 25% match of $6,250.00 for a total of $25,000.00 and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Homeland Security – Public Assistance Grant Agreement (South Oakland Healthcare Center) Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC #15125) BY: Finance Committee, Tom Middleton, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION – STATE OF MICHIGAN PUBLIC ASSISTANCE GRANT AGREEMENT - OAKLAND COUNTY SOUTH HEALTH BUILDING - 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. Pursuant to the President of the United States declaring a disaster for Macomb, Oakland and Wayne Counties as a result of damage from severe storms and flooding during the period of 253 Commissioners Minutes Continued. May 6, 2015 August 11-13, 2014, a Project Application Grant Report was submitted and Oakland County has been notified by the Michigan Department of State Police, Emergency Management and Homeland Security Division that $18,750 of funding is eligible for the costs related to the South Health Building. 2. The purpose of this agreement is to provide supplementary financial assistance for disaster relief including funds for emergency and permanent work. 3. Funding received from the grant award reimbursed a portion of the costs incurred as a result of the County’s insurance deductible. The majority of the cost for maintenance and repairs performed by FM&O on the South Health Building was covered under the County’s insurance policy. 4. This grant requires a 25% match of $6,250 in Facilities Maint and Operation Fund (#63100) expenses, bringing the total program costs to $25,000. 5. The FY 2015 Budget is amended as follows to reflect the grant award: FACILITIES MAINT AND OPERATION FUND (#63100) FY 2015 Revenues 1040702-140324-650106 Contributions-Federal Grants $ 18,750 1040702-140324-665882 Planned Use of Balance ($ 18,750) Total Revenues $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 262.) *REPORT (MISC. #15126) BY: Human Resources Committee, Michael Spisz, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – OAKLAND UNIVERSITY REACH GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on May 6, 2015, 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 #15126 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - OAKLAND UNIVERSITY, REACH GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland University in partnership with Oakland County Health Division and on behalf of the Healthy Pontiac We Can! Coalition, was awarded a three year grant by the Centers for Disease Control and Prevention titled Racial and Ethnic Approaches to Community Health (REACH); and WHEREAS Oakland University intends to sub-contract under the REACH grant with Oakland County Health Division to implement evidence and practice-based strategy activities to reduce the devastating effects of obesity and chronic disease within the City of Pontiac; and WHEREAS the initial contract period is for nine months beginning January 1, 2015 through September 30, 2015; and WHEREAS this contract is expected to be renewed for two additional years ending September 30, 2017; and WHEREAS grant funding for this nine-month contract period is in the amount of $99,244; and WHEREAS the REACH grant will fund one (1) SR FTE Public Health Educator II position for this project by under-filling the currently vacant MCH Block Grant SR FTE Public Health Nutritionist III position (#1060291-07360); and WHEREAS this Grant Agreement has been submitted through the County Executive's Contract Review 254 Commissioners Minutes Continued. May 6, 2015 Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Oakland University’s Agreement in the amount of $99,244, beginning January 1, 2015 through September 30, 2015. BE IT FURTHER RESOLVED that the REACH grant will fund one (1) SR FTE Public Health Educator II position for this project by under-filling the currently vacant MCH Block Grant SR FTE Public Health Nutritionist III position (#1060291-07360). BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Grant Agreement and approve changes and extensions not to exceed fifteen percent (15%). Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Health Division – 2015 Center for Disease Control and Prevention (CDC) Racial & Ethnic Approaches to Community Health Grant Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15126) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - OAKLAND UNIVERSITY, REACH 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. Oakland University, on behalf of the Heathy Pontiac We Can! Coalition, through the Centers for Disease Control and Prevention from the Racial and Ethnic Approaches to Community Health (REACH) program, has awarded the Oakland County Department of Health and Human Services/Health Division funding in the amount of $99,244. 2. Funds will be used to implement evidence and practice based strategy activities to reduce the devastating effects of obesity and chronic disease within the City of Pontiac, Michigan. 3. The initial grant period extends from January 1, 2015 through September 30, 2015. The contract is expected to be renewed for two additional years ending September 30, 2017 and approved via separate resolution once received. 4. Under this project, a portion of the funding will be used to cover one (1) SR FTE Public Health Educator II position within the Health/CHPIS unit of the Health Division under the REACH Fund (#28611). 5. This SR FTE Public Health Educator II position will be under-filling one (1) SR FTE Public Health Nutritionist III position (#1060291-07360) currently vacant within the Health/Infant Promotion unit of the Health Division under the Health MCH Block Fund (#28563). 6. The cost of the salaries and fringe benefits, based on a nine month grant period, for the SR FTE Public Health Educator II position will be $58,973 for FY 2015. 7. The future level of service, including personnel, will be contingent upon the level of funding available. 8. The FY 2015 Special Revenue Budget is amended as follows: REACH FUND (#28611) FY 2015 GR0000000712/Budget Reference 2015 Activity: GLB Analysis Type: GLB Revenues 1060233-133340-610313 Federal Operating Grants $ 99,244 Total Revenues $ 99,244 Expenses 1060233-133340-702010 Salaries $ 32,922 1060233-133340-722740 Fringe Benefits 26,051 255 Commissioners Minutes Continued. May 6, 2015 1060233-133340-730072 Advertising 1,000 1060233-133340-730926 Indirect Costs 4,988 1060233-133340-731346 Personal Mileage 403 1060233-133340-731388 Printing 17,000 1060233-133340-732018 Travel and Conference 500 1060233-133340-750294 Materials & Supplies 600 1060233-133340-750399 Office Supplies 1,750 1060233-133340-750448 Postage 10,380 1060233-133340-774636 Info Tech Operations 2,800 1060233-133340-774677 Insurance 250 1060233-133340-778675 Telephone Communications 600 Total Expenses $ 99,244 FINANCE COMMITTEE (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15105 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – ONE STOP SHOP BUSINESS CENTER MONITOR WALL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the One Stop Shop (OSS) Business Center is a small business counseling center located in Oakland County’s Economic Development & Community Affairs Department; and WHEREAS the OSS Business Center in 2014 saw nearly 2,000 customers come in the door for counseling (starting or growing their business in Oakland County); and WHEREAS the OSS business Center is looking at driving more entrepreneurs through the door (with Tech248, and increased focus on 2nd Stage Business); and WHEREAS the OSS Business Center is increasing marketing efforts for “WALK IN Thursday” – where no appointment is needed to get one-on-one business counseling for your idea or existing business; and WHEREAS the OSS Business Center has continually been successful annually in assisting clients with over $30 million in capital formation and over $41 million in their clients increased revenues; and WHEREAS this investment in this new modern wall / with a monitor will: • Improve use with a more hi-tech solution than the current shelves with unread books. • It will showcase “Buy Local” initiative – www.OaklandBusinessConnect.com where businesses can register on the spot. • It will allow Business Counselors an opportunity to physically show various Oakland County resources live. • YOUTUBE VIDEOS will be displayed on the monitor: o Small Business Workshop Video o Workforce Development Video o SBA 504 Loan Videos o International Business Video Series • Allow an opportunity to promote upcoming workshops and upcoming Tech248 meet-ups; and WHEREAS the estimated cost for the renovation project of the OSS Business Center monitor wall is projected to be $16,538; and WHEREAS funding for the project is available in Fiscal Year 2015 Budget EDCA Professional Services line item. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes OSS Business Center monitor wall renovation project in the amount, not to exceed $16,538. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing Resolution. PLANNING AND BUILDING COMMITTEE 256 Commissioners Minutes Continued. May 6, 2015 FISCAL NOTE (MISC. #15105) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – ONE STOP SHOP BUSINESS CENTER MONITOR WALL 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 and authorizes renovation of One Stop Shop (OSS) Business Center monitor wall. 2. OSS Business Center has determined renovation of a new modern wall with monitor will be a useful marketing tool to drive more entrepreneurs through the door. 3. The cost for the renovation project of the OSS Business Center monitor wall is $16,538. 4. Funding for the project is available in Fiscal Year 2015 Budget Economic Development and Community Affairs (EDCA) Professional Services line item. 5. The FY 2015 budget is amended as follows: GENERAL FUND (#10100) FY 2015 Expenditures 1090201-171000-731458 Professional Services ($16,538) 1090201-171000-788001-40400 Transfer Out-Project Work Order Fund $16,538 Total Expenditures $ 0 PROJECT WORK ORDERS FUND (#40400) Project ID 100000002173 Revenues 1040101-148020-695500-10100 Transfer In-General Fund $16,538 Total Revenue $16,538 Expenditures 1040101-148020-796500 Budgeted Equity Adjustments $16,538 Total Expenses $16,538 FINANCE COMMITTEE (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15106 BY: Planning and Building Committee, Commissioner Philip Weipert, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – EDCA MARKETING FLOOR PLAN MOVE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the EDCA Marketing Department works with all of EDCA’s divisions (Planning, One Stop Shop Business Center, Workforce Development, Community & Home Improvement, Business Development and Finance) in creating marketing materials and strategies for them to better reach their prospective clients; and WHEREAS the EDCA Marketing Department has been focused on setting up efficient processes to better inform residents and businesses of the resources and direct help available to them from the County; and WHEREAS the remodeling of the marketing floorplan will: • Create a more united team overall to generate more integration in our marketing campaigns. • Improve the communication flow for better collaboration and quicker problem solving. • Align the people who need to work closest together for improved efficiency. • Allow supervisor to manage more effectively by being able to identify and solve problems more readily; and WHEREAS the estimated cost for EDCA Marketing floor plan move is projected to be $19,329; and WHEREAS funding for the project is available in Fiscal Year 2015 Budget EDCA Professional Services line item. 257 Commissioners Minutes Continued. May 6, 2015 NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes EDCA Marketing floor plan move renovation project in the amount, not to exceed $19,329. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing Resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC. #15106) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS – EDCA MARKETING FLOOR PLAN MOVE 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 and authorizes remodeling of the EDCA Marketing floorplan. 2. The Marketing floorplan move will allow a more united team overall to generate more integration in marketing campaigns and improve the communication flow for better collaboration and quicker problem solving. 3. The cost for the EDCA Marketing floor plan move is $19,329. 4. Funding for the project is available in Fiscal Year 2015 Budget EDCA Professional Services line item. 5. The FY 2015 budget is amended as follows: GENERAL FUND (#10100) FY 2015 Expenditures 1090201-171000-731458 Professional Services ($19,329) 1090201-171000-788001-40400 Transfer Out-Project Work Order Fund $19,329 Total Expenditures $ 0 PROJECT WORK ORDER FUND (#40400) Project ID 100000002172 Revenues 1040101-148020-695500-10100 Transfer In-General Fund $19,329 Total Revenues $19,329 Expenditures 1040101-148020-796500 Budgeted Equity Adjustments $19,329 Total Expenses $19,329 FINANCE COMMITTEE (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15127 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION - REQUEST FOR APPROVAL TO ENTER INTO A LICENSE AGREEMENT AND PROFESSIONAL SERVICES CONTRACT WITH KATHERINE’S CATERING FOR FOOD AND BEVERAGE SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County and E.A. Fuller Oak Management Corporation (“Oak Management”) entered into a lease dated December 14, 2006 (MR #06245) and amended January 1, 2008 (“Lease”) for food and beverages services for Oakland County Parks and Recreation Commission (“OCPRC”) facilities; and WHEREAS the Lease provides for an expiration on December 31, 2015; and WHEREAS the Oakland County Board of Commissioners passed Miscellaneous Resolution #06245 stating, “…no further extensions beyond December 31, 2015 shall be made to this lease without an appropriate RFP process’ and that current Oakland County Purchasing Policies would be followed; and WHEREAS the OCPRC formed a Food and Beverage Committee comprised of key administration and operations staff and Parks Commissioners and enlisted the assistance of Oakland County’s Purchasing 258 Commissioners Minutes Continued. May 6, 2015 Division, Health Division, and Corporation Counsel to evaluate proposals for food and beverages services for OCPRC facilities; and WHEREAS the OCPRC in January 2014 recommended a food and beverage provider for Addison Oaks Conference Center and Glen Oaks Conference Center and Grill Room, but did not recommend a food and beverage provider for Lyon Oaks Conference Center and Grill Room and White Lake Oaks Conference Center and Grill Room; and WHEREAS on January 6, 2014 (MR #14020) approved the food and beverage provider for Addison Oaks Conference and Glen Oaks Conference Center and Grill Room and instructed the OCPRC to immediately seek outsourcing options for Lyon Oaks and White Lake Oaks in conjunction with the golf course facilities; and WHEREAS the Food and Beverage Committee subsequently developed a combined golf operations and food and beverage Request for Proposal for the operation of White Lake Oaks and Lyon Oaks; and WHEREAS the Food and Beverage Committee determined that it would be in the best interest of the OCPRC to operate its golf courses in-house and recommended Katherine’s Catering to provide food and beverage services at the Lyon Oaks and White Lake Oaks conference centers and grill rooms; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission that the Oakland County Board of Commissioners approve and authorize the attached license agreement and professional services contract with Katherine’s Catering for the operation of the Lyon Oaks Grill Room and Conference Center and the White Lake Oaks Conference Center and Grill Room for a five-year contract beginning January 1, 2016, with two optional five-year extensions upon the recommendation of the Oakland County Parks and Recreation Commission and approval of the Board of Commissioners. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached license agreement and professional services contract with Katherine’s Catering for the operation of the Lyon Oaks Grill Room and Conference Center and the White Lake Oaks Conference Center and Grill Room for a five-year contract beginning January 1, 2016, with two optional five-year extensions upon the recommendation of the Oakland County Parks and Recreation Commission and approval of the Board of Commissioners. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee to execute the attached license agreement and professional services contract with Katherine’s Catering and all other related documents between the County and Katherine’s Catering, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Compliance Office Purchasing Division License and Professional Services Contract Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15127) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION - REQUEST FOR APPROVAL TO ENTER INTO A LICENSE AGREEMENT AND PROFESSIONAL SERVICES CONTRACT WITH KATHERINE’S CATERING FOR FOOD AND BEVERAGE SERVICES 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. Due to the pending expiration on December 31, 2015 of an existing food and beverage lease the Oakland County Parks and Recreation Commission formed a Food and Beverage Committee to evaluate proposals for food and beverage services for Lyon Oaks and White Lake Oaks Conference Centers and Grill Rooms. 2. The Food and Beverage Committee determined that it would be in the best interest of Parks and Recreation to operate its golf courses in-house and recommended Katherine’s Catering to provide food and beverage services at the Lyon Oaks and White Lake Oaks Conference Centers and Grill Rooms. 259 Commissioners Minutes Continued. May 6, 2015 3. The Oakland County Parks and Recreation Commission approved the attached license agreement and professional services contract with Katherine’s Catering for the operation of the Lyon Oaks Grill Room and Conference Center and the White Lake Oaks Conference Center and Grill Room for a five-year contract beginning January 1, 2016 with two optional five-year extensions upon the recommendation of the Oakland County Parks and Recreation Commission and approval of the Board of Commissioners. 4. Estimated Commission Food Service revenue of $156,602 for FY 2016 and $215,501 for FY 2017 has been included in the budget as are estimated expenses in the amount of $433,692 for FY 2016 and $442,367 for FY 2017. 5. No budget amendment is required. FINANCE COMMITTEE (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15107 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF’S OFFICE - AUTHORIZATION FOR SALE OF RECOVERED AND STOLEN PROPERTY IN SPRING AUCTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the provisions of Act 54 of the Public Act of 1959, as amended, requires board authorization for the disposal of recovered and stolen property that has been unclaimed for six (6) months; and WHEREAS the Department of Central Services conducts a spring and fall auction for the County of Oakland; and WHEREAS the spring auction will be held on Saturday, May 16, 2015; and WHEREAS the Sheriff of Oakland County, by letter, has requested the authority of the Oakland County Board of Commissioners to proceed with the sale of the aforementioned items, as detailed in the attached list, in the spring auction. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the Sheriff of Oakland County to dispose of unclaimed property in the manner prescribed in Act 54 of the Public Acts of 1959, as amended. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Communication from Joe Quisenberry, Captain Investigative and Forensic Services Division, Sheriff’s Office Property Room Bidcorp.com Auctions Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15107) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – AUTHORIZATION FOR SALE OF RECOVERED AND STOLEN PROPERTY IN SPRING AUCTION 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. In accords with Act 54 of the Public Act of 1959 the Sheriff’s Office seeks board authorization for the disposal of recovered and stolen property at the annual Spring Auction conducted by the Department of Central Services. 2. The Spring Auction will be held on Saturday, May 16, 2015. 3. The Sheriff has requested the authorization from the Board of Commissioners to proceed with the auction sale of recovered and stolen property as detailed in the referenced lists. 4. Items will be disposed of through the auction process, the proceeds and related expenses will be distributed back to participating departments as County Auction Revenue (#670228) and Auction Expense (#730114). 260 Commissioners Minutes Continued. May 6, 2015 5. There is no immediate impact on the County’s General Fund/General Purpose (GF/GP) budgets; therefore no budget amendment is necessary at this time. FINANCE COMMITTEE (The vote for this motion appears on page 262.) *MISCELLANEOUS RESOLUTION #15108 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF ORCHARD LAKE 2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter into contracts with local units of government for the purpose of providing Sheriff patrol services; and WHEREAS Miscellaneous Resolution #12266 adopted November 1, 2012, established the standard law enforcement services overtime rates for the period 2015; and WHEREAS the City of Orchard Lake has requested that the Oakland County Sheriff provide patrol services to the citizens of the City for special events within the City; and WHEREAS the City of Orchard Lake has requested that a contract for special events on an overtime basis for regular deputies be authorized; and WHEREAS this contract also involves the support of PTNE Mounted Deputies to patrol areas that are not accessible by other forms of transportation; and WHEREAS the Sheriff has agreed to contract for this service with the City of Orchard Lake; and WHEREAS this contract has been through the County Executive review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the City of Orchard Lake for special events at rates established by this Board. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreement. BE IT FURTHER RESOLVED that this contract will take effect on May 1, 2015. BE IT FURTHER RESOLVED that one (1) GF/GP PTNE 240 hours/year Mounted Deputy position (#4030616-11188) be continued in the Sheriff’s Office/Patrol Services/Contracted Patrol-Parks. BE IT FURTHER RESOLVED that the continuation of this position be contingent on future contract renewal. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Contract for Auxiliary Sheriff’s Deputy Services for the City of Orchard Lake Village May 1, 2015 – December 31, 2015 Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15108) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF ORCHARD LAKE 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 City of Orchard Lake has requested that the Oakland County Sheriff continue to provide patrol services for special events within the City. 2. Miscellaneous Resolution #12266 authorized the established law enforcement overtime rates for the period of 2015; the rates stated in this agreement are consistent with the rates established by this resolution. 3. The dates of the agreement are May 1, 2015 through December 31, 2015. 4. Special event deputy services in the City of Orchard Lake will be performed on an overtime basis and requires the continuation of one (1) GF/GP PTNE 240 hr./yr. Mounted Deputy position 261 Commissioners Minutes Continued. May 6, 2015 (#4030616-11188) in the Parks Unit, Patrol Services Division, of the Sheriff’s Office; no changes in operating expenses are required. 5. No budget amendment is required; position is currently reflected in the Sheriff’s Office, Patrol Services Division budget. FINANCE COMMITTEE Vote on Consent Agenda: AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19) 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). MISCELLANEOUS RESOLUTION #15128 BY: Finance Committee, Tom Middleton, Chairperson IN RE: ESTABLISHMENT OF OAKLAND COUNTY 9-1-1 CHARGE RATE (FORMERLY TELEPHONE OPERATING SURCHARGE) FOR THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County has created and now operates and maintains an interoperable public safety radio communications system for over a decade for the benefit of its residents on behalf of and for local law enforcement, fire, emergency medical services, hospitals, homeland security, and operating purposes other than public safety; and WHEREAS the County constructed this public safety radio communications system through a 9-1-1 charge (fee) on devices, as defined by the Emergency 9-1-1 Service Enabling Act, Michigan Public Act 32 of 1986, MCL §484.1101 et seq., as amended; and WHEREAS the Michigan statutes requires that county boards of commissioners annually approve the 9-1-1 charge rate for the fiscal year period from July 1 through June 30 each year (including the period under consideration in Oakland County of July 1, 2015 through June 30, 2016); and WHEREAS the State requires that a certified copy of the board of commissioners resolution be submitted to the Michigan Public Services Commission no later than mid-May of each year covering the ensuing July 1 through June 30 fiscal year; and WHEREAS the County’s 9-1-1 charge rate is $.20 per month per device as defined by Michigan statutes and is well below the authorized limit established by State statute of $.42 per month per device; and WHEREAS an attached Memorandum dated March 31, 2015 from the County Administration covering the financial, programmatic, and capital status and needs of the Radio Communications Fund for the funding period July 1, 2015 through June 30, 2016 has been prepared outlining in detail the business issues involving the next several years’ 9-1-1 charge rates; and WHEREAS the attached memorandum also covers major capital projects anticipated to occur in FY 2016 through FY 2022 as mandated by evolving technology and obsolescence of existing radio communications equipment, including replacement of radio consoles at the County’s twenty-one Public Safety Answering Points (PSAPs), the replacement of public safety responders’ mobile and portable radios, the replacement of older connectivity in the CLEMIS WAN, and the migration to a Next Generation 9-1-1 Emergency Services IP Network (ESInet) and associated call-processing equipment (CPE) at the PSAPs; and WHEREAS the attached memorandum has outlined an immediate need for an increase of the 9-1-1 charge rate of $.08, bringing the proposed total 9-1-1 charge rate of $.28 per month per device as defined by Michigan statutes; and WHEREAS the Budget Task Force and the CLEMIS Radio Communications Oversight Committee (such membership of which includes law enforcement, fire, medical, administration and other representatives) meeting held on March 31, 2015 unanimously agreed with the need for the $.08 increase in the 9-1-1 charge per month per device. NOW THEREFORE BE IT RESOLVED that the County’s Board of Commissioners hereby approves the 9-1-1 charge of $.28 per month per device as defined by Michigan statutes for the period July 1, 2015 through June 30, 2016. 262 Commissioners Minutes Continued. May 6, 2015 BE IT FURTHER RESOLVED that a budget amendment is recommended to the Radio Communications Fund for FY 2015, FY 2016 and FY 2017 to reflect increase in 9-1-1 charge rate: RADIO COMMUNICATIONS FUND (#53600) FY 2015 FY 2016 - FY 2017 Revenues 53600-1080310-115150-630581 E911 Surcharge $ 350,000 $1,400,000 53600-1080310-115150-665882 Planned Use of Balance ($ 350,000) ($1,400,000) Total Revenues $ 0 $ 0 Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of Correspondence from Bob Daddow, Deputy County Executive, regarding Radio Project Status at December 31, 2014 and Proposal for 9-1-1 Charge. (e.g. Telephone Operating Surcharge) Rates for July 1, 2015 to June 30, 2016 on file in County Clerk’s office. Moved by Middleton supported by Zack the resolution be adopted. AYES: Gershenson, Gingell, Hoffman, Jackson, Kowall, Matis, McGillivray, Middleton, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Fleming. (16) NAYS: Long, Scott, Gosselin. (3) A sufficient majority having voted in favor, the resolution was adopted. There were no items to report on the General Government Committee on the Regular Agenda. There were no items to report on the Human Resources Committee on the Regular Agenda. MISCELLANEOUS RESOLUTION #15129 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO AUTHORIZE OAKLAND COUNTY CITY OF PONTIAC WATER SUPPLY SYSTEM BONDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners has determined that it is necessary to acquire, construct, and install water supply system improvements and facilities to improve the County's City of Pontiac Water Supply System (the "System") to be financed through the issuance of two or more series of bonds in the aggregate principal amount not to exceed $12,000,000 pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"), which improvements are known as Phase I of the City of Pontiac Water Main and Meter Rehabilitation Program as hereinafter described (the "Project"); and WHEREAS the Board of Commissioners has determined to sell one series of bonds (the "DWRF Bonds") in a private negotiated sale to the Michigan Finance Authority (the "Authority") as authorized by Act 227, Public Acts of Michigan, 1985, as amended ("Act 227"), in order to enable the Authority to provide assistance with respect to the Project from the proceeds of the State of Michigan Drinking Water Revolving Fund; and WHEREAS the Board of Commissioners has also determined to sell one or more additional series of bonds (the "Open Market Bonds" and together with the DWRF Bonds, the "Bonds") to finance that portion of the Project not financed with the proceeds of the DWRF Bonds or paid from other available funds; and "WHEREAS the County has agreed in a Continuing Covenant Agreement dated as of September 27, 2013, between the County and Bank of America, N.A. (the "Bank of America Continuing Covenant Agreement") to provide to Bank of America, N.A. certain information pursuant to Article VI, Section 6.05 (f) of the Bank of America Continuing Covenant Agreement which relates to a final official statement or other offering or disclosure document prepared in connection with an offering of securities by the County. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Oakland, Michigan, as follows: 1. AUTHORIZATION OF BONDS - PURPOSE. The Bonds of the County aggregating the principal sum of not to exceed Twelve Million Dollars ($12,000,000) shall be issued and sold in two or 263 Commissioners Minutes Continued. May 6, 2015 more series for the purpose of defraying the cost of the Project, including the cost of issuing the Bonds. The Project shall consist of the following improvements: (i) water main replacement and/or looping of the System for redundancy, including water main construction and replacement of various sizes including valves, hydrants, appurtenances and other related work along the following roads and in the following areas: Joslyn Road (Lake Vista Area), Pine Street (Lafayette to Huron), Brooklyn Avenue (Telegraph to Newark), Stanley Avenue (Brooklyn to Walton), New York Avenue (Walton to Baldwin), Woodward Avenue (Murray to Huron), Linda Vista Drive (Joslyn to Del Ray), Orchard Lake Road (Voorheis to Bagley), Pike/Mechanic/Fiddis Area, Woodward/Rapid/South Boulevard Area, Cesar Chavez (Telegraph to Woodward), St. Joe Hospital Area, Iroquois (Ottawa to Orchard Lake), Myra/Edward/Sylvan Area, Vernon Drive (Linda Vista to Victory), Saginaw Avenue (Woodward to Randall), Walton Boulevard (Stanley to New York), Woodward Avenue (Huron to Osmun), Adelaide Street (Cesar Chavez to Baldwin) and Branch Street (Walnut to Gillespie); and (ii) removal and replacement of approximately 7,000 water meters and appurtenances within the limits of the City of Pontiac and installation of a data collection communication network and towers at various locations throughout the City of Pontiac and adjacent municipalities for meter reading and real time alarm notifications. The County Water Resources Commissioner, acting as County Agency for the County (the “County Agency”), shall determine by order the portion of the Project to be financed by each series of the Bonds. 2. DWRF BONDS DETAILS. The DWRF Bonds shall be designated "City of Pontiac Water Supply System Bonds, Series 2015A"; shall be dated the date of delivery thereof; shall be numbered from 1 upwards; shall be fully registered; shall be in any denomination not exceeding the aggregate principal amount for each maturity at the option of the bondholder (provided, however, that so long as the DWRF Bonds are registered in the name of the Authority, the DWRF Bonds may be in the form of a single bond in a denomination equal to the aggregate outstanding principal amount of the DWRF Bonds, with an exhibit attached thereto that identifies the annual maturities for the DWRF Bonds, and references herein to the "DWRF Bonds" shall mean that single bond registered in the name of the Authority); shall bear interest at a rate or rates not to exceed 2.50% as determined by the County Agency from the date of delivery of the various principal installments as hereinafter described, payable on such dates as shall be determined by the County Agency; and shall mature on such dates and in such principal amounts as shall be determined by the County Agency; provided, however, that the final maturity of the DWRF Bonds shall not be more than 25 years after the date that the DWRF Bonds are delivered to the initial purchaser thereof. The DWRF Bonds are expected to be delivered to the Authority as the initial purchaser thereof in installments equal to the amounts advanced from time to time by the Authority to the County pursuant to the Purchase Contract and the Supplemental Agreement (each as hereinafter defined). 3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of, premium, if any, and interest on the DWRF Bonds shall be payable in lawful money of the United States. So long as the DWRF Bonds are owned by the Authority, the DWRF Bonds are payable as to principal, redemption premium, if any, and interest at The Bank of New York Mellon Trust Company, N.A., or at such other place as shall be designated in writing to the County by the Authority (the "Authority's Depository"). So long as the Authority is the owner of the DWRF Bonds, the County agrees that it will deposit with the Authority's Depository payments of the principal of, premium, if any, and interest on the DWRF Bonds in immediately available funds by 12:00 noon at least five business days prior to the date on which any such payment is due, whether by maturity, redemption or otherwise. If the DWRF Bonds are not registered in the name of the Authority, the principal of and premium, if any, on the DWRF Bonds are payable upon the surrender thereof at the office of the bond registrar and paying agent and the interest is payable by check or draft mailed by the bond registrar and paying agent to the registered owner of the DWRF Bonds at the address appearing on the registration books of the County kept by the bond registrar and paying agent as of the 15th day of the month preceding the month in which an interest payment is due. 4. PRIOR REDEMPTION. The DWRF Bonds shall be subject to redemption prior to maturity upon the terms and conditions set forth in the form of DWRF Bonds contained in section 7 hereof. 5. BOND REGISTRAR AND PAYING AGENT. Until a successor is appointed by the Board of Commissioners, the County Treasurer shall act as bond registrar and paying agent. 264 Commissioners Minutes Continued. May 6, 2015 6. EXECUTION, AUTHENTICATION AND DELIVERY OF DWRF BONDS. The DWRF Bonds shall be executed in the name of the County by the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of the bond registrar and paying agent or an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the DWRF Bonds. After the DWRF Bonds have been executed and authenticated for delivery to the Authority as the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price or upon compliance with the terms and conditions of the Purchase Contract. Additional DWRF Bonds bearing the manual or facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of DWRF Bonds. The bond registrar and paying agent shall indicate on each DWRF Bonds the date of its authentication. 7. FORM OF DWRF BONDS. The DWRF Bonds shall be in substantially the following form, with such changes thereto as necessary to conform to any order of the County Agency issued in accordance with this Resolution: [FORM OF DWRF BOND] UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND CITY OF PONTIAC WATER SUPPLY SYSTEM BOND, SERIES 2015A INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE _______% See Exhibit A __________, 2015 Registered Owner: Michigan Finance Authority Principal Amount: The County of Oakland, State of Michigan (the "County"), acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount or so much thereof as shall have been advanced to the County pursuant to a Purchase Contract between the County and the Michigan Finance Authority (the "Authority") and a Supplemental Agreement by and among the County, the Authority and the State of Michigan acting through the Department of Environmental Quality on the maturity dates and in the amounts set forth in Exhibit A attached hereto, unless redeemed prior thereto as hereinafter provided, the final payment to be made upon presentation and surrender of this bond at the office of the County Treasurer, County of Oakland, State of Michigan, the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution (as hereinafter defined), and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest at the rate per annum specified above on such Principal Amount, to the extent advanced to the County pursuant to the Purchase Contract and the Supplemental Agreement and not forgiven pursuant to the related Order of Approval issued by the Michigan Department of Environmental Quality, 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. 265 Commissioners Minutes Continued. May 6, 2015 In the event of a default in the payment of principal or interest hereon when due, whether at maturity, by redemption or otherwise, the amount of such default shall bear interest (the "additional interest") at a rate equal to the rate of interest that is two percent above the Authority's cost of providing funds (as determined by the Authority) to make payment on the bonds of the Authority issued to provide funds to purchase this bond but in no event in excess of the maximum rate of interest permitted by law. The additional interest shall continue to accrue until the Authority has been fully reimbursed for all costs incurred by the Authority (as determined by the Authority) as a consequence of the County's default. Such additional interest shall be payable on the interest payment date following demand of the Authority. In the event that (for reasons other than the default in the payment of any municipal obligation purchased by the Authority) the investment of amounts in the reserve account established by the Authority for the bonds of the Authority issued to provide funds to purchase this bond fails to provide sufficient available funds (together with any other funds that may be made available for such purpose) to pay the interest on outstanding bonds of the Authority issued to fund such account, the County shall and hereby agrees to pay on demand only the County's pro rata share (as determined by the Authority) of such deficiency as additional interest on this bond. During the time funds are being drawn down by the County under this bond, the Authority periodically will provide the County a statement showing the amount of principal that has been advanced and the date of each advance, which statement shall constitute prima facie evidence of the reported information; provided that no failure on the part of the Authority to provide such a statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the County of its obligation to repay the outstanding principal amount actually advanced, all accrued interest thereon, and any other amount payable with respect thereto in accordance with the terms of this bond. This bond is issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 34, Public Acts of 2001, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") and an order of the Water Resources Commissioner of the County, as County Agency, for the purpose of defraying part of the cost of acquiring, constructing, and installing water supply system facilities to improve the County’s City of Pontiac Water Supply System (the "System"). The County has authorized the net revenues derived from users of the System to be used to pay the principal of and interest on this bond when due. In addition, the County has irrevocably pledged its full faith and credit for the prompt payment of the principal of and interest on this bond as the same become due. In the event and to the extent that the net revenues derived from users of the System are not sufficient to pay the principal of and interest on this bond, such principal and interest are payable as a first budget obligation of the County from its general funds. The ability of the County to raise such funds is subject to applicable statutory and constitutional limitations on the taxing power of the County. The amount of taxes necessary to pay the principal of and interest on this bond, together with the taxes levied for the same year, shall not exceed the limit authorized by law. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in any denomination not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange this bond or any portion of this bond that has been selected for redemption. This bond is subject to redemption prior to maturity at the option of the County and with the prior written consent of and upon such terms as may be required by the Authority. That portion of the bond 266 Commissioners Minutes Continued. May 6, 2015 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 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"); (b) the County agrees that it will deposit with the Authority's Depository payments of the principal of, premium, if any, and interest on this bond in immediately available funds by 12:00 noon at least five business days prior to the date on which any such payment is due whether by maturity, redemption or otherwise; in the event that the Authority's Depository has not received the County's deposit by 12:00 noon on the scheduled day, the County shall immediately pay to the Authority as invoiced by the Authority an amount to recover the Authority's administrative costs and lost investment earnings attributable to that late payment; and (c) written notice of any redemption of this bond shall be given by the County and received by the Authority's Depository at least 40 days prior to the date on which redemption is to be made. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this bond, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the County, including this bond, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the County of Oakland, State of Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by the manual or facsimile signatures of its Chairperson of the Board of Commissioners and County Clerk and its seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by the bond registrar and paying agent or an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND By: ____________________________________ Chairperson of the Board of Commissioners (SEAL) And: ____________________________________ County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Resolution. By: ___________________________________ Treasurer, County of Oakland Bond Registrar and Paying Agent AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints ______________________________________________________________________________ 267 Commissioners Minutes Continued. May 6, 2015 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 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 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, (2) that less than the principal amount of assistance approved by the Order is disbursed to the County by the Authority, or (3) that any portion of the principal amount of assistance approved by the Order and disbursed to the Issuer is forgiven pursuant to the Order, the Authority shall prepare a new payment schedule that shall be effective upon receipt by the County. [END OF BOND FORM] 8. PRINCIPAL AND INTEREST FUND. There shall be established for the DWRF Bonds a Principal and Interest Fund which shall be accounted for separately and shall be used only to retire the DWRF Bonds. From the proceeds of the sale of the DWRF Bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchaser of the DWRF Bonds at the time of delivery of the DWRF Bonds. All payments made by the County 268 Commissioners Minutes Continued. May 6, 2015 pursuant to section 24 hereof are pledged for payment of the principal of and interest on the DWRF Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund to be used to pay the principal and interest on the DWRF Bonds. 9. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the DWRF Bonds as received from time to time shall be set aside in a construction fund and used solely to defray the cost of acquisition, construction and installation of the Project. Any unexpended balance of the proceeds of the sale of the DWRF Bonds remaining in the construction fund after completion of the Project shall be deposited in the Principal and Interest Fund established in section 8 hereof. 10. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF DWRF BONDS. The DWRF Bonds shall be sold at a private, negotiated sale to the Authority, as authorized by Act 227. It is hereby determined that this method of sale is in the best interests of the County and is calculated to provide the County with the lowest cost of borrowing money. The sale shall be made pursuant to the terms and conditions to be set forth in a Purchase Contract (the "Purchase Contract") and a Supplemental Agreement (the "Supplemental Agreement"). The County Agency is authorized to execute and deliver the Supplemental Agreement and the Purchase Contract in such forms as shall be approved by the County Agency, with such approval to be evidenced by the County Agency's signature thereon. Notwithstanding any other provision of this Resolution, the DWRF Bonds shall be initially sold to the Authority as one bond, numbered 1, in the full aggregate principal amount of the DWRF Bonds. The County Agency is authorized to execute one or more written orders (i) containing the determinations that the County Agency is authorized to make as provided in this Resolution and (ii) making such changes in the provisions of the DWRF Bonds or this Resolution to comply with the requirements of the Authority or otherwise to enable the DWRF Bonds to be sold to the Authority. In addition, the Chairperson of the Board of Commissioners, the Clerk, the Treasurer, the County Agency and other County employees and officials are authorized to execute and deliver to the Authority the Issuer's Certificate and any such certificates and documents as the Authority or bond counsel shall require and to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the DWRF Bonds in accordance with the provisions of this Resolution. 11. AUTHORIZATION OF OPEN MARKET BONDS – PURPOSE. The Open Market Bonds of the County shall be issued and sold in one or more series as determined by the County Agency pursuant to the provisions of Act 34, and other applicable statutory provisions, for the purpose of defraying that part of the cost of the Project not financed by the DWRF Bonds or paid from other available funds. 12. OPEN MARKET BOND DETAILS. The Open Market Bonds shall be designated "City of Pontiac Water Supply System Bonds, Series ______," with the year and letter as determined by the County Agency to be inserted in the blank in the name of each series of the Open Market Bonds; 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 5.5% per annum as shall be determined by the County Agency at the time of sale; shall be payable as to interest on such dates as shall be determined by the County Agency; and shall be serial bonds and/or term bonds and mature in such amounts and on such dates and in such years as shall be determined by the County Agency; provided, however, that the final maturity of a series of Open Market Bonds shall not be more than 30 years after the date that such series of Open Market Bonds is delivered to the initial purchasers thereof. 13. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the Open Market Bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the Open Market Bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each Open Market Bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 14. BOOK-ENTRY SYSTEM. Initially, one fully-registered Open Market Bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of 269 Commissioners Minutes Continued. May 6, 2015 The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the Open Market Bonds might be adversely affected if the book-entry system of transfer is continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the bond registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue providing its services with respect to the Open Market Bonds at any time by giving notice to the County and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Resolution. In the event bond certificates are issued, the provisions of this Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the County and the bond registrar and paying agent to do so, the County and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the Open Market Bonds to any Participant having Open Market Bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the Open Market Bonds. Notwithstanding any other provision of this Resolution to the contrary, so long as any Open Market Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such Open Market Bond and all notices with respect to the Open Market Bond shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations between DTC and the County, and the County Treasurer and the County Agency are each authorized to sign such additional documents as such officer deems necessary or appropriate in order to accomplish the issuance of the Open Market Bonds in accordance with law and this Resolution. 15. PRIOR REDEMPTION. The Open Market Bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency. 16. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an agreement with, a bond registrar and paying agent for the Open Market Bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer from time to time as required may designate a similarly qualified successor bond registrar and paying agent. 17. EXECUTION, AUTHENTICATION AND DELIVERY OF OPEN MARKET BONDS. The Open Market 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 Open Market Bonds. After the Open Market Bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional Open Market Bonds bearing the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of Open Market Bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 18. FORM OF OPEN MARKET BONDS. The Open Market Bonds shall be in substantially the following form, with such additions, deletions and modifications as are approved by the County Agency and consistent with the terms of this Resolution: 270 Commissioners Minutes Continued. May 6, 2015 [FORM OF OPEN MARKET BOND] UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND CITY OF PONTIAC WATER SUPPLY SYSTEM BOND, SERIES _____ 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. 34, Public Acts of 2001, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") and an order of the Water Resources Commissioner of the County, as County Agency, for the purpose of defraying part of the cost of acquiring, constructing, and installing water supply system facilities to improve the County’s City of Pontiac Water Supply System (the "System"). The County has authorized the net revenues derived from users of the System to be used to pay the principal of and interest on the bonds when due. In addition, the County has irrevocably pledged its full faith and credit for the prompt payment of the principal of and interest on the bonds as the same become due. In the event and to the extent that the net revenues derived from users of the System are not sufficient to pay the principal of and interest on the bonds, such principal and interest are payable as a first budget obligation of the County from its general funds. The ability of the County to raise such funds is subject to applicable statutory and constitutional limitations on the taxing power of the County. The amount of taxes necessary to pay the principal of and interest on the bonds, together with the taxes levied for the same year, shall not exceed the limit authorized by law This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the 271 Commissioners Minutes Continued. May 6, 2015 same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. MANDATORY PRIOR REDEMPTION Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows: Redemption Date Principal Amount of Bonds to be Redeemed Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot. (REPEAT IF MORE THAN ONE TERM BOND) OPTIONAL PRIOR REDEMPTION Bonds maturing prior to ________ 1, 20__, are not subject to redemption prior to maturity. Bonds maturing on and after ________ 1, 20__, are subject to redemption prior to maturity at the option of the County, in such order as shall be determined by the County, on any one or more interest payment dates on and after ________ 1, 20__. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption 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. 272 Commissioners Minutes Continued. May 6, 2015 COUNTY OF OAKLAND By: Chairperson, Board of Commissioners [SEAL] And: County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints ______________________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ____________________ __________________________________________ Signature Guaranteed: __________________________________________ Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF BOND FORM] 19. PRINCIPAL AND INTEREST FUND. There shall be established for each series of Open Market Bonds a Principal and Interest Fund which shall be accounted for separately and shall be used only to retire such series of Open Market Bonds. From the proceeds of the sale of each series of Open Market Bonds there shall be set aside in the respective Principal and Interest Fund any premium and accrued interest received from the purchaser of the Open Market Bonds at the time of delivery of the Open Market Bonds in the amounts determined by the County Agency. All payments made by the County pursuant to section 24 hereof are pledged for payment of the principal of and interest on the Open Market Bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund to be used to pay the principal and interest on the respective series of Open Market Bonds. 20. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the Open Market Bonds shall be set aside in a construction fund for the Project and used to defray the cost of the Project and, to the extent not needed to pay the cost of the Project, shall be deposited in the Principal and Interest Fund established in section 19 hereof or, alternatively, used to acquire and construct additional improvements to the System as determined by the Board of Commissioners of the County. 273 Commissioners Minutes Continued. May 6, 2015 21. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF OPEN MARKET BONDS. The County Agency is hereby authorized to determine the principal amount of each series of Open Market Bonds to be sold and to determine the other bond details as described in section 12 hereof and the terms and conditions for prior redemption as described in section 15 hereof. In addition, in order to save the cost of publication of an official notice of sale, the County Agency is hereby authorized to sell each series of Open Market 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 Open Market Bonds. Each series of Open Market 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 Open Market 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 Open Market 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 Open Market Bonds and to award the Open Market 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 Open Market Bonds in accordance with the provisions of this Resolution. 22. OFFICIAL STATEMENT. The County Agency and the County Treasurer are each authorized to cause the preparation of an official statement for the Open Market Bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the Open Market Bonds, the County will provide copies of a "final official statement" (as defined in paragraph (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. 23. CONTINUING DISCLOSURE. The County Treasurer is authorized to execute a certificate of the County, constituting an undertaking to provide ongoing disclosure about the County for the benefit of the holders of the Open Market Bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. 24. SECURITY. The net revenues derived from the users of the System have previously been pledged for the payment of principal and interest on the County's City of Pontiac Water Supply System Improvements Bonds, Series 2014 (the "Series 2014 Bonds") and the City of Pontiac's Water Supply System Revenue Bonds, Series 2010 (the "Series 2010 Bonds" and together with the Series 2014 Bonds, the "Prior Bonds"), in accordance with the provisions of the City of Pontiac Water Supply System Contract dated as of April 19, 2012 between the County and the City of Pontiac, and are pledged for the payment of the principal of and interest on the Bonds on a parity basis with the Prior Bonds. The Bonds shall also be limited tax general obligations of the County. The full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the Bonds as the same shall become due. Each year the County shall be obligated, as a first budget obligation, to advance moneys from its general funds or to levy ad valorem property taxes on all taxable property within its corporate boundaries to pay such principal and interest as the same become due in the event and to the extent that the net revenues derived from the users of the System are not sufficient to make such payment. The ability of the County to raise funds to pay such amounts is subject to applicable constitutional and statutory limitations on the taxing power of the County. Nothing in this section 24 shall preclude the County from issuing revenue bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, or additional bonds pursuant to Act 34 to pay the costs of further improvements to the System and pledging the net revenues derived from the users of the System for the payment of such bonds on a parity basis with the Prior Bonds and the Bonds. 274 Commissioners Minutes Continued. May 6, 2015 25. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimated period of usefulness of the Project is hereby determined to be not less than thirty (30) years and upwards, and the plans for and estimated cost of the Project in the amount of $12,000,000 are hereby approved and adopted. 26. EXCHANGE AND TRANSFER OF BONDS. Any Bond, at the option of the registered owner thereof and upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, may be exchanged for Bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered Bond. Each Bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such Bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any Bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered Bond and shall authenticate and deliver to the transferee a new Bond or Bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered Bond. If, at the time the bond registrar and paying agent authenticates and delivers a new Bond pursuant to this section, payment of interest on the Bond is in default, the bond registrar and paying agent shall endorse upon the new Bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is [insert applicable date]." The County and the bond registrar and paying agent may deem and treat the person in whose name any Bond shall be registered upon the books of the County as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such Bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of sections 3 and 13 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of Bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange Bonds or portions of Bonds which have been selected for redemption. 27. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code") necessary to assure that the interest on the Bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer, the County Clerk and other appropriate County officials are authorized to do all things necessary to assure that the interest on the Bonds will be and will remain excludable from gross income for federal income tax purposes. 28. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of and interest on a series of the Bonds, shall have been deposited in trust, this Resolution shall be defeased and the owners of such series of Bonds shall have no further rights under this Resolution except to receive payment of the principal of and interest on such series of Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange such series of Bonds as provided herein. 275 Commissioners Minutes Continued. May 6, 2015 29. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured Bond, of satisfactory evidence that the Bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed Bond to replace the Bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured Bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying agent to pay the Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement Bond. The Bond registrar and paying agent, for each new Bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the County in the premises. Any Bond delivered pursuant the provisions of this section in lieu of any Bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the Bond in substitution for which such bond was delivered. 30. 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. 31. NOTICE OF ISSUANCE OF OPEN MARKET BONDS. Within thirty (30) days after the issuance of each series of Open Market Bonds, either (1) a copy of the final official statement or other offering or disclosure document prepared by the County in connection with the issuance of the Open Market Bonds or (2) notice that such information has been filed with the Electronic Municipal Market Access system of the Municipal Securities Rulemaking Board and is publicly available shall be furnished to Bank of America, N.A. at the following locations: Bank of America, N.A. Mail Code: IL4-135-07-28 135 South LaSalle Street Chicago, IL 60603 Attention: Thomas R. Denes Bank of America, N.A. 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. 32. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions, insofar as they are in conflict herewith, are rescinded. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. 276 Commissioners Minutes Continued. May 6, 2015 There were no items to report on the Public Services Committee on the Regular Agenda. MISCELLANEOUS RESOLUTION # 15130 BY: Commissioner Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – VILLAGE OF BEVERLY HILLS – RESURFACING OF LAHSER ROAD - PROJECT NO. 52861 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 Village of Beverly 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 Village of Beverly Hills and said appropriation has been transferred to a project account; and WHEREAS the Village of Beverly 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 2015 authorized amount of Tri-Party Road Improvement funding for Project No. 52861 in the Village of Beverly Hills is $82,773. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Village of Beverly 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 Village of Beverly Hills. Chairperson, I move the adoption of the foregoing Resolution. BILL DWYER, MARCIA GERSHENSON Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Pat Z. Wierzbicki, Deputy-Secretary – Clerk of the Board, Cost Participation Agreement and Exhibit A Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. 277 Commissioners Minutes Continued. May 6, 2015 MISCELLANEOUS RESOLUTION #15131 BY: Commissioner Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS – INCREASED SUPPORT OF LOCAL ROAD PROJECTS WITH IMPROVEMENTS IN THE TRI-PARTY ROAD IMPROVEMENT PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners created the Tri-Party Road Improvement Fund in the 1970’s to assist local communities and the Road Commission for Oakland County in the repair and construction of roadways under their respective jurisdictions; and WHEREAS Oakland County is one of only three counties in the state to offer this assistance; and WHEREAS the Tri-Party Road Improvement program leverages the county investment in infrastructure improvements by requiring equal funding support from local municipalities and the Road Commission; and WHEREAS Oakland County has distributed over $20 million in Tri-Party Funds in the past ten years, making over $60 million in investment in local transportation need possible; and WHEREAS the Tri-Party Road Improvement program allows local leaders to choose projects they believe would have the greatest benefit in their community; and WHEREAS the Tri-Party Road Improvement is not meant to replace or relieve the responsibility for road funding, which lies with the State Legislature and Governor; and WHEREAS chronic underfunding of road repairs by the State of Michigan has resulted in poor conditions on many roadways throughout Oakland County and the region; and WHEREAS a quality transportation system is critical to economic development and the overall quality of life of residents; and WHEREAS Oakland County stands ready to be a supportive partner to find solutions and offer support to improve the poor road conditions in local communities; and WHEREAS an assessment of the Tri-Party Road Improvement program may provide an opportunity to enhance the effectiveness of the program; and WHEREAS in the absence of a solution to the road fund crisis from state leaders, Oakland County is committed to increase assistance to local communities by 100% ($2,000,000) in the Tri-Party Road Improvement Fund. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners shall undertake a review of the Tri-Party Road Improvement program to determine the effectiveness and benefits of increasing the current funding of the Tri-Party Road Improvement Fund by 100% ($2,000,000) of the current allocated amount. Chairperson, I move the adoption of the foregoing Resolution. MICHAEL SPISZ, BOB HOFFMAN, JEFF MATIS, JOHN SCOTT, HUGH CRAWFORD, BOB GOSSELIN, EILEEN KOWALL, TOM MIDDLETON, WADE FLEMING, MICHAEL GINGELL, SHELLEY TAUB, MARCIA GERSHENSON, JANET JACKSON, HELAINE ZACK, DAVID BOWMAN, DAVE WOODWARD, GARY MCGILLIVRAY The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #15132 BY: Commissioner Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS – PARENTAL RIGHT TO KNOW THE NUMBER OF STUDENTS RECEIVING IMMUNIZATION WAIVERS BY SCHOOL BUILDING AND CHILD CARE FACILITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since 1978, Michigan law requires that each student, upon entry into kindergarten or into a new school district involving grades 1-12, possess a certificate of immunization at the time of registration or no later than the first day of school; and WHEREAS Michigan law mandates that an immunization assessment be completed for each 7th grade 278 Commissioners Minutes Continued. May 6, 2015 student; and WHEREAS all children who attend preschool and child care programs in Michigan are required by law to be fully vaccinated in accordance with Michigan Public Health Code Act; and WHEREAS parents may receive a waiver of these requirements due to medical, religious or philosophical beliefs; and WHEREAS vaccines have reduced and, in some cases, eliminated many diseases that killed or severely disabled people just a few generations ago; and WHEREAS high levels of vaccination can create “herd protection”, shielding children that cannot receive certain vaccinations due to severe allergies, weakened immune systems from conditions like leukemia; and WHEREAS measles, a disease once thought eradicated, has reappeared in increasing numbers, especially among unvaccinated children; and WHEREAS parents have a right to make informed decisions to protect the health of their children; and WHEREAS current regulations require schools and child care facilities to collect and report the number of enrolled individuals receiving immunization waivers; and WHEREAS this data is not currently easily accessible on the internet or public positing to inform parents the statistics for individual school buildings or sites; and WHEREAS state, county and school district officials should provide parents with updated and relevant information on the rates of immunization in order to make informed decisions to safeguard the health and safety of their children. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls upon members of the Michigan Legislature to adopt legislation that would require that current statistics on the number of immunization waivers by school building or child care site be readily and easily accessible on websites at the state, county and school district level and posted at each respective building in a conspicuous place. BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to submit a copy of this resolution to the Office of the Governor, Senate Majority and Minority Leaders, the House Speaker and Minority Leader, members of the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties, the Michigan Department of Community Health and the Oakland County Health Department. Chairperson, I move the adoption of the foregoing Resolution. MICHAEL SPISZ, SHELLEY TAUB, BOB HOFFMAN, HUGH CRAWFORD, HELAINE ZACK, PHILIP WEIPERT, JANET JACKSON, MARCIA GERSHENSON, DAVE WOODWARD, EILEEN KOWALL, DAVID BOWMAN The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #15133 BY: Commissioner Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS - RECOGNITION OF NATIONAL LAW ENFORCEMENT OFFICER WEEK — MAY 10 – 16, 2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Congress and the President of the United States have designated May 15 as Peace Officers’ Memorial Day, and the week in which May 15 falls as National Police week; and WHEREAS this time is to pay special recognition to the fallen law enforcement officers who have lost their lives in the line of duty for the safety and protection of others; and WHEREAS the men and women of the Oakland County Sheriff’s Office and the following local law enforcement agencies in Oakland County: Auburn Hills Police Department Berkley Police Department Beverly Hills Village Police Department Birmingham Police Department Bloomfield Township Police Department Bloomfield Hills Police Department Clawson Police Department Farmington Police Department 279 Commissioners Minutes Continued. May 6, 2015 Franklin/Bingham Farms Police Department Farmington Hills Police Department Ferndale Police Department Hazel Park Police Department Holly Village Police Department Huntington Woods Police Department Keego Harbor Police Department Lake Angelus Police Department Lake Orion Village Police Department Lathrup Village Police Department Madison Heights Police Department Milford Police Department Northville Police Department Novi Police Department Oakland University Police Department Oak Park Police Department Oakland Community College (Supporter) Orchard Lake Village Police Department Oxford Village Police Department Pleasant Ridge Police Department Rochester Police Department Royal Oak Police Department South Lyon Police Department Southfield Police Department are to be recognized for providing a vital public service in safeguarding the rights and freedoms of the communities in Oakland County, knowing what the ultimate sacrifice is; and WHEREAS it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency; and WHEREAS members of the Oakland County Sheriff’s Office are committed to serve the people by safeguarding life and property by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners call on all citizens of Oakland County and on all patriotic, civic and educational organizations to observe the week of May 10 – 16, 2015 as Police Week with appropriate ceremonies and observances in which all people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. BE IT FURTHER RESOLVED to call on all citizens of Oakland County to observe Friday, May 15, 2015 as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. Chairperson, I move adoption of the foregoing resolution. BILL DWYER, WADE FLEMING, JEFF MATIS, HELAINE ZACK, EILEEN KOWALL, BOB GOSSELIN, GARY MCGILLIVRAY, PHILIP WEIPERT, JOHN SCOTT, JANET JACKSON, DAVID BOWMAN, TOM MIDDLETON, BOB HOFFMAN, DAVE WOODWARD Moved by Matis supported by Bowman to suspend the rules and vote on Miscellaneous Resolution #15133 – Board of Commissioners - Recognition of National Law Enforcement Officer Week — May 10 – 16, 2015 Vote on motion to suspend the rules: AYES: Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Fleming, Gershenson. (19) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #15133 – Board of Commissioners – Recognition of National Law Enforcement Officer Week – May 10 – 16, 2015 carried. 280 Commissioners Minutes Continued. May 6, 2015 Moved by Matis supported by Bowman the resolution be adopted. AYES: Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Fleming, Gershenson, Gingell. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #15134 BY: Commissioner Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS - RECOGNITION OF NATIONAL CORRECTIONAL OFFICERS’ WEEK MAY 3 - 9, 2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS according to the U.S. Bureau of Justice Statistic’s information published in September 2014, at year end 2013, 1,574,700 inmates were housed in the nation's local jails; and WHEREAS the Oakland County Sheriff’s Office Corrections Divisions housed a daily average of 1,520 inmates in 2014; and WHEREAS last year almost 20,000 persons were admitted into the Oakland County jail facilities including juveniles, mentally ill, persons awaiting trial, persons pending arraignment, protective custody cases, infirm, persons awaiting transfer to State, Federal or other jurisdictions, and sentenced; and WHEREAS the Oakland County Sheriff’s Office Corrections Deputies are responsible for overall inmate supervision to ensure safe, secure and orderly facility operations, intake and release of all persons, identification of special needs and classification of all inmates, inmate and professional visitation, inmate transport and Court security; and WHEREAS the Oakland County Sheriff’s Office Corrections Divisions are recognized as innovative, professional and able to operate a very complex and crowded set of multiple facilities, transport and coordinate an enormous number of inmate movements on a daily basis with a minimal number of staff/inmate injuries or escapes; and WHEREAS the week of May 3 – 9, 2015, has been designated as National Correctional Officers’ Week. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby acknowledge the hard work and dedication of the Oakland County Sheriff’s Office Corrections Deputies and the special contribution they make to ensure the public safety of all citizens in Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby honors all the Corrections Deputies of the Oakland County Sheriff’s Office for their unique skills and abilities and devotion to duty and pronounce a special thanks to all those Deputies on behalf of the citizens of Oakland County. Chairperson, I move adoption of the foregoing resolution. BILL DWYER, WADE FLEMING, HUGH CRAWFORD, JEFF MATIS, HELAINE ZACK, EILEEN KOWALL, GARY MCGILLIVRAY, PHILIP WEIPERT, MICHAEL SPISZ, JANET JACKSON, DAVID BOWMAN, TOM MIDDLETON, DAVE WOODWARD, BOB HOFFMAN Moved by Matis supported by McGillivray to suspend the rules and vote on Miscellaneous Resolution #15134 - Board of Commissioners - Recognition of National Correctional Officers’ Week May 3 - 9, 2015. Vote on motion to suspend the rules: AYES: Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Fleming, Gershenson, Gingell, Gosselin. (19) NAYS: None. (0) 281 Commissioners Minutes Continued. May 6, 2015 A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #15134 - Board of Commissioners - Recognition of National Correctional Officers’ Week May 3 - 9, 2015 carried. Moved by Matis supported by McGillivray the resolution be adopted. AYES: Jackson, Kowall, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Fleming, Gershenson, Gingell, Gosselin, Hoffman. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. MISCELLANEOUS RESOLUTION #15135 BY: Commissioners Michael Gingell, District #1; Dave Woodward, District #19 IN RE: BOARD OF COMMISSIONERS - ROAD COMMISSION FOR OAKLAND COUNTY - APPROPRIATION OF ONE-TIME FUNDING FOR PURCHASE OF CAPITAL ASSETS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Road Commission for Oakland County (RCOC) has jurisdiction over more than 2,700 miles of county roads and has the largest county road system in the state; and WHEREAS the RCOC receives a majority of its funding from state-collected gas tax and vehicle registration fees under the formula set forth in Michigan Public Act 51 of 1951; and WHEREAS maintenance on roads under the jurisdiction of the RCOC is funded primarily from revenues received pursuant to Act 51; and WHEREAS the Oakland County Board of Commissioners recognizes the responsibility for road funding resides solely with the State Legislature and Governor; and WHEREAS the Road Commission for Oakland County’s (RCOC) Financial Plan for Fiscal Years 2015-2017 indicates that both state-collected and federal road funding sources remain inadequate to meet RCOC’s needs; and WHEREAS during the Great Recession of 2007 through 2012 the decline in state and federal road funding forced RCOC to reduce its investment in the capital equipment essential to perform necessary road maintenance and preservation activities; and WHEREAS due to the aging of its equipment it is necessary for the RCOC to replace 12 Tandem Dump Trucks with accessories and to purchase 3 John Deere Motor Graders in FY 2015 at a cost of over $3,800,000; and WHEREAS the use of scarce revenues to purchase needed equipment lessens the ability of the RCOC to address the on-going pothole issues facing roads throughout Oakland County; and WHEREAS a one-time FY 2015 appropriation of Oakland County general funds in the amount of $2,000,000 to assist the RCOC in the purchase of essential capital equipment that will be used throughout the cities, villages and townships in the county would allow the RCOC to use more of its Act 51 dollars to better maintain road surfaces and repair the worst potholes; and WHEREAS the County’s prudent financial management throughout the Great Recession and continuing through today allows the County to make an investment in RCOC capital equipment without degrading the County’s overall financial plan that has achieved a budget balanced for Oakland County through FY 2020; and WHEREAS in partnership with the Oakland County Board of Commissioners the County Executive proposes providing a one-time funding to the RCOC in the amount of $2,000,000 for Fiscal Year 2015 to help support the RCOC’s purchase of dump trucks and motor graders. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the one-time appropriation of $2,000,000 to the Road Commission for Oakland County in Fiscal Year 2015 to be used to purchase motor graders and dump trucks essential for the proper maintenance and repair of highways and roads under the supervision of the Road Commission for Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requires that the $2,000,0000 RCOC would have spent on the needed motor graders and dump trucks, be immediately transferred and restricted to pot hole repair and emergency road repair situations. 282 Commissioners Minutes Continued. May 6, 2015 BE IT FURTHER RESOLVED that the RCOC shall provide a report to the General Government and Finance Committees of this Board regarding the specific equipment that is purchased with this one-time funding provided by the County of Oakland. Chairperson, I move the adoption of the foregoing Resolution. MICHAEL GINGELL, DAVE WOODWARD, SHELLEY TAUB, WADE FLEMING, BOB HOFFMAN, HUGH CRAWFORD, EILEEN KOWALL, BOB GOSSELIN, JANET JACKSON, MICHAEL SPISZ, JEFF MATIS, TOM MIDDLETON, PHILIP WEIPERT, JOHN SCOTT, MARCIA GERSHENSON, HELAINE ZACK The Vice Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Scott addressed the Board to acknowledge Katherine’s Catering. The Board adjourned at 8:34 p.m. to the call of the Chair or May 21, 2015, at 9:30 a.m. LISA BROWN MICHAEL J. GINGELL Clerk Chairperson 283