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HomeMy WebLinkAboutMinutes - 2015.06.10 - 7973340 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES June 10, 2015 Meeting called to order by Chairperson Michael Gingell at 7:09 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bowman, Crawford, Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack. (21) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by John Scott. Pledge of Allegiance to the Flag. Moved by Dwyer supported by Bowman the minutes of the May 21, 2015 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by McGillivray the agenda be approved as printed. AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman. (20) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Chairperson Michael Gingell addressed the Board to introduce Commissioners Scott and Kowall. Commissioners Scott and Kowall addressed the Board to present a proclamation honoring Sharon Spencer’s professional ability reaffirms the value that the Waterford community places on educational excellence and the critical role the classroom teacher plays in providing it. Sixteen years ago, Sharon changed careers leaving Ford Motor Land Development Corporation, where she served as a Project Manager, before pursuing her passion to teach. Chairperson Michael Gingell addressed the Board to introduce Commissioners Taub and Woodward. Commissioners Taub and Woodward addressed the Board to present a proclamation honoring Rick Joseph a well-respected and valued educator, Rick Joseph has received many awards and has the distinction of being the first Birmingham Schools teacher to receive the state’s highest honor, the “Michigan Teacher of the Year Award” from the State Board of Education. Rick also has the honor of being the 2012 winner of the “Microsoft Partners in Learning Global Forum for Expert Educators,” which makes him one of the world’s most innovative educators chosen from 75 countries. He joined expert educators in Prague to receive this global honor. Commissioners Minutes Continued. June 10, 2015 341 Rick Joseph addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioners Kowall, Middleton, Scott and George Miller, Director of Health and Human Services. Commissioners Kowall, Middleton, Scott and George Miller, Director of Health and Human Services addressed the Board to present a proclamation honoring John Silveri who’s retiring after a distinguished career in public education administration having served as Superintendent of Waterford School District since October of 2010. George Miller, Director of Health and Human Services congratulated John Silveri on his retirement and commitment to the district and their involvement with the courses at Oakland County Children’s Village. Commissioners Kowall, Middleton, Scott and George Miller, Director of Health and Human Services addressed the Board to present a proclamation honoring Thomas Wiseman who’s retiring after a distinguished career in public education administration having served as Assistant Superintendent of Business and Operations for Waterford School District since. George Miller, Director of Health and Human Services congratulated Thomas Wiseman on his retirement and commitment to the district and their involvement with the courses at Oakland County Children’s Village. Thomas Wiseman addressed the Board. Chairperson Michael Gingell addressed the Board to ask if there were any communications. Deputy County Clerk, Sheila Cummings, read a communication from Chairperson Michael Gingell, appointing Commissioners Nancy Quarles and Mike Spisz, along with a designee from the Oakland County Road Commission to be assigned by Dennis Kolar and a designee from SEMCOG to be assigned by Kathleen Lomako to a Study Group for the purpose of examining quality improvement and cost savings for road repair and improvements. Without objection the appointments were confirmed. The following people addressed the Board during public comment: Linda Hasson, Bill McMaster and Jim Smith. Moved by Kowall supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted.) The vote for this motion appears on page 360. The resolution on this Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #15147 BY: Commissioner Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – TOWNSHIP OF ADDISON –2015 GRAVEL ROAD PROGRAM - NO. 52882 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 Commissioners Minutes Continued. June 10, 2015 342 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 Township of Addison, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the Township of Addison and said appropriation has been transferred to a project account; and WHEREAS the Township of Addison has demonstrated that it has authorized its 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. 52882 in the Township of Addison is $9,972. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Township of Addison and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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 Township of Addison. Chairperson, I move the adoption of the foregoing Resolution. MICHAEL SPISZ Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary – Clerk of the Board, Cost Participation Agreement and Exhibit A – Tri-Party Program Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15147) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION –TOWNSHIP OF ADDISON – 2015 GRAVEL ROAD PROGRAM - NO. 52882 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. On December 11, 2014, the Board of Commissioners approved Miscellaneous Resolution #14295 which designated $2,000,000 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $9,972 is available in the General Fund Assigned Fund Balance for Tri-Party 2015 and prior funding (account #383510) for project 52882. 3. This project is for the spreading of gravel and chloride on various roads within the Township of Addison. 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs Commissioners Minutes Continued. June 10, 2015 343 prior to payment. 6. The FY 2015 budget be amended as follows: GENERAL FUND (#10100) FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $9,972 Total Revenues $9,972 Expenditures 9010101-153010-740135 Road Commission Tri-Party $9,972 Total Expenditures $9,972 FINANCE COMMITTEE (The vote for this motion appears on page 360.) *MISCELLANEOUS RESOLUTION #15150 BY: Commissioner Hugh Crawford, District #9 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CITY OF NOVI – IMPROVEMENTS AT GRAND RIVER AVENUE AND BECK ROAD - NO. 52951 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board; and WHEREAS the City of Novi, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Novi and said appropriation has been transferred to a project account; and WHEREAS the City of Novi 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. 52951 in the City of Novi is $53,679. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Novi 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. Commissioners Minutes Continued. June 10, 2015 344 BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Novi. Chairperson, I move the adoption of the foregoing Resolution. HUGH CRAWFORD Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary – Clerk of the Board, Cost Participation Agreement and Exhibit A – Tri-Party Program, Exhibit B – Provisions and Exhibit C – Liability and Insurance Requirements Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15150) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CITY OF NOVI – IMPROVEMENTS AT GRAND RIVER AVENUE AND BECK ROAD - NO. 52951 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. On December 11, 2014, the Board of Commissioners approved Miscellaneous Resolution #14295 which designated $2,000,000 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $53,679 is available in the General Fund Assigned Fund Balance for Tri-Party 2015 and prior funding (account #383510) for project 52951. 3. This project is for the widening for dual left turns, modifying signals, sidewalk ramps, and installation of street lights on Grand River Avenue at Beck Road within the City of Novi. 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. 6. The FY 2015 budget be amended as follows: GENERAL FUND (#10100) FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $53,679 Total Revenues $53,679 Expenditures 9010101-153010-740135 Road Commission Tri-Party $53,679 Total Expenditures $53,679 FINANCE COMMITTEE (The vote for this motion appears on page 360.) *MISCELLANEOUS RESOLUTION #15151 BY: Commissioner Wade Fleming, District #16; Commissioner Gary McGillivray, District #20 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CITY OF TROY – CONCRETE SLAB REPLACEMENT AT BIG BEAVER ROAD, JOHN R ROAD AND LIVERNOIS ROAD - NO. 52981 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. June 10, 2015 345 WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board; and WHEREAS the City of Troy, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Troy and said appropriation has been transferred to a project account; and WHEREAS the City of Troy has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one third (1/3) share of the – Fiscal Year 2015 authorized amount of Tri- Party Road Improvement funding for Project No. 52981 in the City of Troy is $134,752. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Troy and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Troy. Chairperson, I move the adoption of the foregoing Resolution. WADE FLEMING, GARY MCGILLIVRAY Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary – Clerk of the Board, City of Troy Resolution, Cost Participation Agreement and Exhibit A – Tri-Party Program, Exhibit B – Provisions and Exhibit C – Liability and Insurance Requirements Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15151) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CITY OF TROY – CONCRETE SLAB REPLACEMENT AT BIG BEAVER ROAD, JOHN R ROAD AND LIVERNOIS ROAD - NO. 52981 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. On December 11, 2014, the Board of Commissioners approved Miscellaneous Resolution #14295 which designated $2,000,000 in fund balance for the Tri-Party Road Improvement Commissioners Minutes Continued. June 10, 2015 346 Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $134,752 is available in the General Fund Assigned Fund Balance for Tri-Party 2015 and prior funding (account #383510) for project 52981. 3. This project is for the concrete slab replacement; Big Beaver Road, John R Road, and Livernois Road. 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. 6. The FY 2015 budget be amended as follows: GENERAL FUND (#10100) FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $134,752 Total Revenues $134,752 Expenditures 9010101-153010-740135 Road Commission Tri-Party $134,752 Total Expenditures $134,752 FINANCE COMMITTEE (The vote for this motion appears on page 360.) *MISCELLANEOUS RESOLUTION #15152 BY: Commissioner Nancy Quarles, District #17 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CITY OF OAK PARK – CONCRETE SLAB REPLACEMENT AT GREENFIELD ROAD AND 10 MILE ROAD - NO. 52961 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board; and WHEREAS the City of Oak Park , along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Oak Park and said appropriation has been transferred to a project account; and WHEREAS the City of Oak Park 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 Commissioners Minutes Continued. June 10, 2015 347 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. 52961 in the City of Oak Park is $32,830. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Oak Park and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Oak Park. Chairperson, I move the adoption of the foregoing Resolution. NANCY QUARLES Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary – Clerk of the Board, Cost Participation Agreement and Exhibit A – Tri-Party Program Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15152) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CITY OF OAK PARK – CONCRETE SLAB REPLACEMENT AT GREENFIELD ROAD AND 10 MILE ROAD - NO. 52961 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. On December 11, 2014, the Board of Commissioners approved Miscellaneous Resolution #14295 which designated $2,000,000 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $32,830 is available in the General Fund Assigned Fund Balance for Tri-Party 2015 and prior funding (account #383510) for project 52961. 3. This project is for the concrete slab replacement on Greenfield Road at 10 Mile Road. 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. 6. The FY 2015 budget be amended as follows: GENERAL FUND (#10100) FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $32,830 Total Revenues $32,830 Expenditures 9010101-153010-740135 Road Commission Tri-Party $32,830 Total Expenditures $32,830 FINANCE COMMITTEE (The vote for this motion appears on page 360.) Commissioners Minutes Continued. June 10, 2015 348 *MISCELLANEOUS RESOLUTION #15153 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – TOWNSHIP OF ROSE –2015 GRAVEL ROAD PROGRAM - NO. 52912 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 Township of Rose , 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 Township of Rose and said appropriation has been transferred to a project account; and WHEREAS the Township of Rose 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. 52912 in the Township of Rose is $10,062. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Township of Rose 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 Township of Rose. Chairperson, I move the adoption of the foregoing Resolution. BOB HOFFMAN Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary – Clerk of the Board, Cost Participation Agreement and Exhibit A – Tri-Party Program Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15153) BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – TOWNSHIP OF ROSE – 2015 GRAVEL ROAD PROGRAM - NO. 52912 Commissioners Minutes Continued. June 10, 2015 349 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. On December 11, 2014, the Board of Commissioners approved Miscellaneous Resolution #14295 which designated $2,000,000 in fund balance for the Tri-Party Road Improvement Program for projects managed by the Road Commission for Oakland County (RCOC). 2. Funding of $10,062 is available in the General Fund Assigned Fund Balance for Tri-Party 2015 and prior funding (account #383510) for project 52912. 3. This project is for the spreading of gravel and chloride on various roads within the Township of Rose. 4. The resolution allows for additional project costs not greater than 15% from the original agreement, which is consistent with the project as originally approved, to be paid when invoiced and appropriated in the quarterly forecast resolution. 5. Additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution to appropriate the additional Oakland County share of the project costs prior to payment. 6. The FY 2015 budget be amended as follows: GENERAL FUND (#10100) FY 2015 Revenue 9010101-196030-665882 Planned Use of Balance $10,062 Total Revenues $10,062 Expenditures 9010101-153010-740135 Road Commission Tri-Party $10,062 Total Expenditures $10,062 FINANCE COMMITTEE (The vote for this motion appears on page 360.) *MISCELLANEOUS RESOLUTION #15156 BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET - FISCAL YEAR 2015 SECOND QUARTER FINANCIAL FORECAST AND BUDGET AMENDMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting Act for Local Units of Government, provides for adjustments to the adopted budget; and WHEREAS in accordance with Oakland County General Appropriations Act Section 22, which authorizes budget amendments for variances between the budgeted revenue and actual revenue, and Section 23, which authorizes budget amendments for variance between estimated revenue and projected expenditures, amendments are required; and WHEREAS the Fiscal Year (FY) 2015 Second Quarter Financial Forecast Report has identified several variances and budget amendments are recommended; and WHEREAS a budget amendment of $65,000 is recommended for the Sheriff’s Office to establish new revenue and expenditures related to the Sex Offender Registration fees, in conjunction with the State of Michigan Sex Offender Registry; and WHEREAS a budget amendment of $1,000 is recommended to reallocate funds from Sheriff’s Corrective Services Division Contracted Services account to Sheriff’s Patrol Services Division Boats account to complete the purchase of three (3) boats with motors and trailers; and WHEREAS a budget amendment of $87,000 is recommended to reallocate funds from Sheriff’s Corrective Services Division Contracted Services account to Sheriff’s Patrol Services Division Deputy Supplies account to purchase personal protection equipment for Sheriff deputies; and Commissioners Minutes Continued. June 10, 2015 350 WHEREAS the Sheriff's Office receipt of forfeiture/enhancement funds were previously posted to a liability account (deferred revenue) within the General Fund; due to the implementation of GASB 63, the deferred revenue account can no longer be used for this activity and these funds were moved to separate restricted funds that will require a transfer to the General Fund for use of the monies. Transfers In from the various restricted funds in the amount of $34,264 is being recognized for eligible forensic lab, dispatch and officer's training costs; and WHEREAS a budget amendment of $20,512 is recommended to allocate funds from Sheriff’s Corrective Services Division to the CLEMIS Fund (#53500) $1,650 and Information Technology Fund (#63600) $18,862 for the purchase of additional Mobile Data Computers (MDC) which will be used as loaner units for those units that are out for repairs; and WHEREAS a budget amendment is recommended to transfer $3,300 from General Fund Contingency to the Radio Communications Fund (#53600) for hand held portable radios for the 52/1 District-Novi due to Phase I of the Enhanced County Building Security initiative (Miscellaneous Resolution #15026); and WHEREAS a budget amendment of $57,000 is recommended to use restricted funds approved to purchase 19 SWAT protective vests; with another 20 vests to be funded by the Fiscal Year 2014 Homeland Security Grant program through Urban Areas Security Initiative (UASI); and WHEREAS a budget amendment of $23,695 is recommended for the Sheriff’s Patrol Services Division to correct the operating expenditure budgets for the purchase of one (1) 4WD Tahoe per Miscellaneous Resolution #15013; a budget amendment of $18,466 is also recommended for the Motor Pool Fund (#66100) to correctly account for ongoing operations; and WHEREAS a budget amendment of $11,787 is recommended for the Sheriff’s Patrol Services Division to correct the operating expenditure budgets for the purchase of one (1) Impala per Miscellaneous Resolution #15014; a budget amendment of $3,896 is also recommended for the Motor Pool Fund (#66100) to correctly account for ongoing operations; and WHEREAS a budget amendment of $434,107 is recommended to the correct the project chartfield for the FY 2015 Narcotics Enforcement Team (NET) Byrne Grant (Fund #27320); and WHEREAS a budget amendment of $10,010 is recommended for the Medical Examiner to correct budgeted expenditure line items to reflect the correct program number; and WHEREAS Animal Control Legacy Funds of $50,000 are being transferred to the General Fund to cover expenditures in various operating line items; and WHEREAS a budget amendment of $9,000 is recommended for Planning and Economic Development Services to reallocate funds between programs for training to support vendors at the Farmers Market with their business plans; and WHEREAS a budget amendment is recommended for the Department of Central Services Support Services Division to reallocate the following: $2,000 from Equipment Rental to Expendable Equipment due to expected purchase of speaker system for auctions, $1,250 from Mail Handling-Postage Services to Licenses and Permits and $2,000 from Office Supplies to Travel and Conference to more accurately reflect the budget with actual activity; and WHEREAS a budget amendment totaling $5,000 is recommended to reallocate funds within the County Clerk/Register of Deeds Department Elections Division from Election Supplies account to the Material Supplies account to more accurately reflect the budget with actual activity; and WHEREAS the Circuit Court has requested a budget amendment to transfer funds in the amount of $29,300 from the Special Projects account to the Emergency Salaries Reserve account in Non-Departmental to cover the costs of an Emergency Salary position (Senior Systems Analyst) that is assisting with data mapping and conversion in an effort to move the Juvenile Court operations from the County's mainframe system to the State's Trial Court System (TCS) case management system; and WHEREAS per MR #15007 the Michigan Department of Community Health (MDCH) through the Comprehensive Planning, Budgeting, and Contracting (CPBC) awarded the Oakland County Health Division funding in the amount of $10,188,437, however, due to shortfalls at the State "Executive Order 2015-5 Essential Local Public Health Services Program Reductions - Comprehensive Agreement" was issued reducing the total award by $162,514. As a result, a budget amendment is recommended to recognize that the Oakland County Health Division has not received funding from MDCH through the CPBC Agreement in the amount of $162,514; and WHEREAS the FY 2014 Year End Report included a carry forward amount of $1,996,867 for various department expenditures to be included in FY 2015; and Commissioners Minutes Continued. June 10, 2015 351 WHEREAS per the General Appropriations Act and Miscellaneous Resolution #93156, a review of the carry forward appropriation has been conducted to determine if the appropriation shall continue for the remainder of the fiscal year; and WHEREAS the departments have expended the majority of their carry forward requests and the remaining balance is expected to be utilized by the end of FY 2015; and WHEREAS the Women’s Advisory Board was dissolved effective April 23, 2015, prompting the official close-out of the Women’s Advisory Board Fund (#21398). A budget amendment totaling $7,150 is recommended to transfer the remaining balance of $50 to the Board Of Commissioners (BOC) Special Projects line item and appropriate $7,100 from General Fund Assigned Fund Balance Board of Commissioners Projects (GL #383313) to the BOC Special Projects line item; funding will be utilized through a contract with the Area Agency on Aging 1-B, otherwise known as AAA1-B; and WHEREAS a Motor Pool Fund budget amendment is recommended to transfer Planned Use of Balance funds in the amount of $6,323 to Budget Equity Adjustment during the second quarter of FY2015 to correct Miscellaneous Resolution #15124; and WHEREAS a budget amendment is recommended for the Health Division related to the MDCH through Comprehensive Planning, Budgeting, and Contracting (CPBC) Agreement Amendment #1 within 15% of the original grant award; an increase of $69,247 plus $55,781 related to Building Healthy Communities, which is less than fifteen percent of the original agreement as a result of an error at MDCH in releasing the funding; and WHEREAS the Parks and Recreation Commission approved to reduce the operating budget from Parks and Recreation Facilities and Operations department and transfer $294,140 to accommodate FY2015 American Disability Act (ADA) Transition Capital Projects and Capital Equipment purchase; and WHEREAS a Parks and Recreation budget amendment is recommended to transfer Building Maintenance funds in the amount of $73,957 from the Facilities Maintenance cost center to various cost centers incurring expenses during the second quarter of FY2015; and WHEREAS the Oakland County Parks and Recreation Commission approved the purchase of seven (7) replacement trucks in the amount of $208,852 and a budget amendment for the Parks and Recreation Commission and Motor Pool Fund is recommended to account for the change from department owned to leased vehicles; and WHEREAS the Oakland County Department of Economic Development and Community Affairs has attempted to collect funds from loan recipients for the Community Development Block Grant totaling $44,570.03 and the Home Investment Partnership Act Accounts totaling $56,194 and recommends $100,764.03 be written off in uncollectible loans; and WHEREAS Animal Control & Pet Adoption Center received a donation from E-Brands for pet beds and pet carriers, valued at $8,810; and WHEREAS Parks & Recreation received donations totaling $26 for various programs. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts the Fiscal Year 2015 Second Quarter Financial Report. BE IT FURTHER RESOLVED that the uncollectible debts, as recommended by the Department of Management and Budget and detailed in the attached schedules are authorized to be written off. BE IT FURTHER RESOLVED that $7,100 be appropriated from the General Fund Assigned Fund Balance Board of Commissioners Project (GL #383313) to the BOC Special Projects line item. GENERAL FUND (#10100) Revenues FY 2015 9010101-196030-665882 Planned Use of Balance ($7,100) Total Revenues ($7,100) Expenditures 5010101-180020-731822 Board of Commissioner- Special Projects $7,100 Total Expenditures $7,100 BE IT FURTHER RESOLVED these funds totaling $7,100 will be utilized through a contract with the Agency on Aging 1-B (AAA1-B). BE IT FURTHER RESOLVED that the donations be recognized in the Parks and Recreation Department and the Animal Control & Pet Adoption Center. Commissioners Minutes Continued. June 10, 2015 352 BE IT FURTHER RESOLVED that the FY 2015 – FY 2017 Budgets are amended pursuant to Schedules A and B. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE Copy of FY 2015 Second Quarter Report on file in County Clerk’s office. (The vote for this motion appears on page 360.) *REPORT (MISC. #15144) BY: Human Resources Committee, Michael Spisz, Chairperson IN RE: FACILITIES MAINTENANCE & OPERATIONS DIVISION/BUILDING SAFETY UNIT – CREATION OF SECURITY SYSTEMS SUPERVISOR POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on June 3, 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 #15144 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: FACILITIES MAINTENANCE & OPERATIONS DIVISION/BUILDING SAFETY UNIT - CREATION OF SECURITY SYSTEMS SUPERVISOR POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS In 2003 Building Safety-Security/Alarm Group was responsible for the preventative maintenance, repair, and replacement of a 281 station card reader system, 3,100 alarm points, and all locks/keys in all County-owned Facilities; and WHEREAS this work is being performed by two (2) Alarm Technicians and one (1) Locksmith; and WHEREAS over the past eleven (11) years there has been a growing need for enhanced security measures in all County-owned Facilities; and WHEREAS this has resulted in a large increase in equipment being installed that requires constant monitoring and maintenance; and WHEREAS the current responsibilities of the Building Safety Unit often challenges existing staff levels, especially in terms of response time; and WHEREAS major security enhancement projects currently being planned will further increase responsibilities in FY15 and FY16; and WHEREAS Facilities Maintenance and Operations Division/Building Safety Unit has requested to create one (1) PR funded full time eligible (FTE) Security Systems Supervisor position to manage the unit’s increased work load; and WHEREAS the new position will be a working supervisor that will have a direct impact on addressing the work load of the unit; and WHEREAS the new position will handle planning, design, and project management duties for the entire unit and closely coordinate in-house staff and contractors for maximum efficiency; and WHEREAS this will ensure the Building Safety Unit is able to properly operate, maintain, and repair critical security infrastructure for the next two to three years; and WHEREAS Facilities Maintenance & Operations has reduced certain structural expenses within the Facilities Maintenance & Operations Propriety Fund to offset the creation of this position. NOW THEREFORE BE IT RESOLVED to create a new classification of Security Systems Supervisor, to be placed on the Salary Administration Plan at Salary Grade 11, overtime non-exempt. BE IT FURTHER RESOLVED to create one (1) PR funded full time eligible (FTE) Security Systems Supervisor position in the Facilities Maintenance & Operations/Building Safety Unit (#1040770). Commissioners Minutes Continued. June 10, 2015 353 Chairperson, on behalf of the Planning and Building Committee I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE FISCAL NOTE (MISC #15144) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MAINTENANCE & OPERATIONS DIVISION/BUILDING SAFETY UNIT - CREATION OF SECURITY SYSTEMS SUPERVISOR POSITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Oakland County Facilities Maintenance & Operations Division has requested the creation of a new classification and the creation of one (1) full-time eligible Proprietary Fund position titled Security Systems Supervisor, salary grade 11, overtime Non-Exempt. 2. The Building Safety Unit, comprised of two (2) Alarm Technicians and one (1) Locksmith, has been responsible for the preventative maintenance, repair, and replacement of a 281 station card reader system, 3,100 alarm points, and all locks/keys in all County-owned Facilities with a growing need for enhanced security measures. 3. The new position will be a working supervisor that will handle planning, design, and project management duties for the entire unit and closely coordinate in-house staff and contractors for maximum efficiency. 4. The new position costs for the remainder of FY 2015 are $13,979 in salaries and $9,192 in fringe benefits, for a total of $23,171. 5. The annual cost of this position is $57,591 in salaries and $37,989 in fringe benefits, for a total annual cost of $95,580. 6. Sufficient funding is available within the Facilities Maintenance and Operation Fund (#63100) through structural offsets to the Sublet Repairs, Water and Sewage Charges and Material and Supplies expense accounts to cover the cost of creating this position. 7. The FY 2015-2018 budget is amended as follows: FACILITIES MAINT AND OPERATION FUND (#63100) FY 2015 FY 2016-2018 Expenses 1040770-145100-702010 Salaries $13,979 $57,591 1040770-145100-722740 Fringe Benefits 9,192 37,989 1040719-141000-731878 Sublet Repairs (11,611) (47,900) 1040760-148100-732102 Water and Sewage Charges (6,710) (27,680) 1040719-141000-750294 Material and Supplies (4,850) (20,000) Total Expenses $ 0 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 360.) *MISCELLANEOUS RESOLUTION #15157 BY: Planning and Building Committee, Philip J. Weipert, Chairperson IN RE: PARKS AND RECREATION COMMISSION - RECOGNIZING JULY 2015 AS NATIONAL RECREATION AND PARKS MONTH FOR THE PARKS AND RECREATION COMMISSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission’s mission is to provide all residents of Oakland County with recreational, leisure, and learning experiences, parks, open spaces, and facilities, resulting in a comprehensive county park system that enhances quality of life; and WHEREAS parks, recreation activities, and leisure experiences provide opportunities for young people to live, grow, and develop into contributing members of society; and Commissioners Minutes Continued. June 10, 2015 354 WHEREAS parks and recreation creates lifelines and continued life experiences for older members of our community; and WHEREAS parks and recreation generates opportunities for people to come together and experience a sense of community through fun recreational pursuits; and WHEREAS parks and recreation agencies provide outlets for physical activities, socialization, and stress-reducing experiences; and WHEREAS parks, playgrounds, nature trails, open spaces, community and cultural centers, and historic sites make communities attractive and desirable places to live, work, play, and visit, in a manner that contributes to our ongoing economic vitality; and WHEREAS parks, greenways, and open spaces provide a welcome respite from our fast-paced, high- tech lifestyles while simultaneously protecting and preserving our natural environment; and WHEREAS parks and recreation agencies touch the lives of individuals, families, groups, and the entire community, which positively impacts upon the social, economic, health, and environmental quality of our community. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners proclaims July 2015 as Recreation and Parks Month and encourages all citizens to celebrate healthy, active lifestyles by participating in their choice of recreation and park activities. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE (The vote for this motion appears on page 360.) *REPORT (MISC. #15145) BY: Human Resources Committee, Michael Spisz, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF WIXOM 2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on June 3, 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 #15145 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF WIXOM 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 Wixom 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 Wixom 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 Wixom; 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 Wixom for special events at rates established by this Board. Commissioners Minutes Continued. June 10, 2015 355 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 June 1, 2015. BE IT FURTHER RESOLVED that one (1) GF/GP PTNE 240 hours /year Mounted Deputy position (4030616-XXXXX) be created 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 Correspondence from Clarence E. Goodlein, Chief of Police & Director of Public Safety, City of Wixom minutes, Contract for Auxiliary Sheriff’s Deputy Services for the City of Wixom June 1, 2015 – December 31, 2015, Attachment A – Sheriff’s Deputy Hourly Overtime Cost Rate and Attachment B – City of Wixom Request for Auxiliary O.C.S.O. Deputy Services Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15145) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT FOR AUXILIARY DEPUTY SERVICES IN THE CITY OF WIXOM 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 Wixom has requested that the Oakland County Sheriff begin 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 June 1, 2015 through December 31, 2015. 4. Special event deputy services in the City of Wixom will be performed on an overtime basis and requires the creation of one (1) GF/GP PTNE 240 hr./yr. Mounted Deputy position (4030616-XXXXX) in the Parks Unit, Patrol Services Division, of the Sheriff’s Office; no changes in operating expenses are required. 5. The Fiscal Years 2015 – 2017 budgets are amended as follows: GENERAL FUND(#10100) FY 2015 4030601-110000-631869 Reimb. Salaries $ 5,873 Total Revenues $ 5,873 Sheriff Patrol Services Expenditures 4030601-116181-702010-40510 Salaries $ 3,856 4030601-116181-712020 Overtime 1,795 4030601-116181-722790-40510 Social Sec. 56 4030601-116181-722770-40510 Retirement 101 4030601-116181-722750-40510 Workers Comp 53 4030601-116181-722820-40510 Unemployment 12 Total Expenditures $ 5,873 FINANCE COMMITTEE (The vote for this motion appears on page 360.) *MISCELLANEOUS RESOLUTION #15158 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE-CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON 2013-2015 Commissioners Minutes Continued. June 10, 2015 356 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Brandon has contracted with the Oakland County Sheriff's Office to provide law enforcement services for the Township (MR #12309); and WHEREAS paragraph 31 of this Contract provided that an amendment to this Contract must be approved by a resolution of the Oakland County Board of Commissioners and the Charter Township of Brandon; and WHEREAS Miscellaneous Resolution #14168 approved Amendment #2 which added a Patrol Investigator position (#4030619-11564) that is being eliminated on June 19, 2015; and WHEREAS the Charter Township of Brandon has approved a proposed amendment to the contract keeping the Patrol Investigator to December 31, 2015; and WHEREAS the Sheriff has agreed to the provisions of Amendment #3 for the Charter Township of Brandon under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves Amendment 3 to the original Oakland County Sheriff's Office 2013-2015 Law Enforcement Services Agreement with the Charter Township of Brandon. BE IT FURTHER RESOLVED to continue one (1) GF/GP full time eligible Patrol Investigator (School Liaison) Deputy II position (#4030619-11564). BE IT FURTHER RESOLVED that this amendment will take effect June 20, 2015. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE SCHEDULE A Effective on June 20, 2015 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank(s) of SHERIFF'S DEPUTIES Number(s) of Sheriff's Deputies Contracted Bi-Weekly Charge to Municipality in 2013 Annual Costs 2013 Bi-Weekly Charge to Municipality in 2014 Annual Costs 2014 Bi-Weekly Charge to Municipality in 2015 Annual Costs 2015 Captain $7,352.06 $191,154 $7,464.01 $194,064 $7,579.50 $197,067 Lieutenant $6,354.94 $165,228 $6,461.59 $168,001 $6,571.80 $170,867 Patrol Sergeant $5,591.31 $145,374 $5,682.09 $147,734 $5,775.89 $150,173 Detective Sergeant 1 $5,745.70 $149,388 $5,845.97 $151,995 $5,949.74 $154,693 Deputy II (w/fill) $5,714.60 $148,580 $5,795.79 $150,691 $5,879.75 $152,874 Deputy II (no-fill) 8.5 $4,869.01 $126,594 $4,950.20 $128,705 $5,034.16 $130,888 Deputy II (no-fill/no-vehicle) $4,598.77 $119,568 $4,668.23 $121,374 $4,739.87 $123,237 Patrol Investigator (no-fill) 2 $5,023.39 $130,608 $5,114.07 $132,996 $5,208.01 $135,408 Deputy I (no- fill) $4,485.07 $116,612 $4,560.08 $118,562 $4,637.66 $120,579 Commissioners Minutes Continued. June 10, 2015 357 TOTAL 11.5 NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the O.C.S.O. shall, at no additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL- IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above. NOTE: No Trainees shall be assigned by the O.C.S.O. to perform the duties of any SHERIFF'S DEPUTY contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this Agreement. OAKLAND COUNTY SHERIFF'S OFFICE 2013-2015 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF BRANDON Amendment 3 Pursuant to paragraph 31 of the 2013-2015 Law Enforcement Services Agreement between the COUNTY and the CHARTER TOWNSHIP OF BRANDON, the parties hereby agree to amend said contract in accordance with the attached Schedule A. All other contractual provisions, of the 2013-2015 Law Enforcement Services Agreement not otherwise affected by the attached Schedules A, remain in full force and effect. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this Amendment 3 to the 2013-2015 Law Enforcement Services Agreement, ("Amendment") and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Kathy Thurman, Supervisor of the Charter Township of Brandon, hereby acknowledges that he hereby executes this Amendment on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ KATHY THURMAN Supervisor WITNESSED: _________________________, Clerk DATE: _______________ Charter Township of Brandon IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of Commissioners hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. Commissioners Minutes Continued. June 10, 2015 358 EXECUTED: __________________________ DATE: _______________ Michael J. Gingell, Chairperson Oakland County Board of Commissioners WITNESSED: __________________________ DATE: _______________ County of Oakland Copy of Correspondence from Kathy Thurman, Supervisor, Brandon Township. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15158) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #3 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF BRANDON 2013 – 2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Charter Township of Brandon has requested amendment #3 to the law enforcement contract with the Oakland County Sheriff’s Office to provide law enforcement services to this community. 2. Miscellaneous Resolution #14168 Amendment #2 authorized the creation of one (1) GF/GP FTE Patrol Investigator/Deputy II position (#4030619-11564) to act as the Brandon School Liaison Officer for the period of August 20, 2014 to June 19, 2015. 3. The position extension is effective June 20, 2015 through December 31, 2015; contract is anticipated to be extended through the next three year contract cycle of FY 2016-2018. 4. The budgets for FY 2015 - 2017 are amended as follows: GENERAL FUND (#10100) FY 2015 FY 2016 & 2017 Revenue 4030601-110000-632093 Sher. Spec. Dep. $41,664 $135,408 Total Revenues $41,664 $135,408 Sheriff Patrol Services Expenditures 4030601-116180-702010-40030 Salaries $ 20,425 $68,371 4030601-116180-712020-40030 Overtime 4,500 10,892 4030601-116180-722790-40030 Social Sec. 1,562 5,230 4030601-116180-722770-40030 Retirement 5,674 19,014 4030601-116180-722780-40030 Hospitalization 4,358 14,742 4030601-116180-722760-40030 Group Life 61 178 4030601-116180-722750-40030 Workers Comp 278 909 4030601-116180-722810-40030 Disability 278 991 4030601-116180-722820-40030 Unemployment 65 144 4030601-116180-722800-40030 Dental 249 640 4030601-116180-722850-40030 Optical 36 93 4030601-116180-750070-40030 Deputy Supplies 120 389 4030601-116180-750581-40030 Uniforms 145 472 4030601-116180-774677-40030 Insurance Fund 294 982 4030601-116180-776661-40030 Lease Veh. 3,564 12,172 4030601-116180-773535-40030 CLEMIS 55 189 Total Expenditures $41,664 $135,408 FINANCE COMMITTEE (The vote for this motion appears on page 360.) Commissioners Minutes Continued. June 10, 2015 359 *MISCELLANEOUS RESOLUTION #15159 BY: Public Services Committee, William Dwyer, Chairperson IN RE: ANIMAL CONTROL – 2015 CAGE RENEWAL OAKLAND COUNTY ANIMAL CONTROL AND PET ADOPTION CENTER GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS after researching industry standards, the Oakland County Animal Control and Pet Adoption Center was planning to purchase new cages for cats awaiting adoption at the shelter; and WHEREAS providing proper cage space is essential to keeping animals healthy and happy; and WHEREAS Commissioner Helaine Zack informed the shelter of an opportunity to apply for a $30,000 grant from Two Seven Oh, Inc.; and WHEREAS the shelter applied for the grant and was awarded $30,000 to purchase new cat cages for the shelter giving fourteen cats an improved and healthier environment ; and WHEREAS the total cost for the new cat cages (seven units) is $31,353.28; and WHEREAS the Oakland County Animal Control and Pet Adoption Center will cover the balance of $1,353.28 from the restricted Legacy Fund; and WHEREAS the grant agreement was sent to Oakland County on May 11, 2015 and due to the short timeframe given for signature and submission (May 25, 2015), it was necessary to expedite the acceptance process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the grant of $30,000 awarded to the Oakland County Animal Control and Pet Adoption Center from Two Seven Oh, Inc. to purchase new cat cages for the shelter. BE IT FURTHER RESOLVED any additional funding needed for the cages will be paid for out of the restricted Legacy Fund. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the special revenue positions in the grant is contingent upon continued future levels of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Animal Control Division 2015 Cage Renewal Incorporated by Reference. Original on file in County Clerk’s office. FISCAL NOTE (MISC. #15159) BY: Finance Committee, Tom Middleton, Chairperson IN RE: ANIMAL CONTROL – 2015 CAGE RENEWAL OAKLAND COUNTY ANIMAL CONTROL AND PET ADOPTION CENTER 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. Animal Control has been awarded $30,000 from Two Seven Oh, Inc. to purchase new cat cages. 2. The total cost for the seven new cages is $31,354. 3. Animal Control will cover the balance of $1,354 from the Animal Control Legacy Fund (#21310). 4. The budget for FY 2015 is amended as follows: ANIMAL CONTROL LEGACY FUND (#21310) FY 2015 Revenue 9010101-114110-665882 Planned use of balance $ 1,354 Total Revenue $ 1,354 Expenditures 9010101-114110-788001-29215 Transfer out $ 1,354 Commissioners Minutes Continued. June 10, 2015 360 Total Expenditures $ 1,354 ANIMAL CONTROL GRANTS FUND (#29215) GR0000000715 Budget Reference 2015 Revenue 1070801-114000-695500-21310 Transfer in Legacy Fund $ 1,354 1070801-114000-650104 Contributions Operating $ 30,000 Total Revenue $ 31,354 Expenditures 1070801-114000-750014 Animal Supplies $ 31,354 Total Expenditures $ 31,354 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). There were no items to report on the Regular Agenda for the Finance Committee. There were no items to report on the Regular Agenda for the General Government Committee. MISCELLANEOUS RESOLUTION #15160 BY: Human Resources Committee, Michael Spisz, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 3rd QUARTERLY REPORT FOR FY 2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 3rd Quarterly Report for FY 2015 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement any GF/GP salary grade changes resulting from this Salary Administration Plan Quarterly Report recommendation; and NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 3rd Quarterly Report for FY 2015. BE IT FURTHER RESOLVED to increase the salary grade of the following classifications: Classification From Grade Points To Grade Points Public Health Sanitarian Supervisor 14 483 16 523 Chief – Environmental Health Activities 16 549 17 574 Chief – Environmental Health Special Prog 16 549 17 574 BE IT FURTHER RESOLVED to change the total points of the following classifications with no change in salary grade: Classification Grade From Points To Points Record Retention Specialist 8 308 288 Chief – Building Safety 14 474 489 Supervisor Forensic Lab 17 561 584 Commissioners Minutes Continued. June 10, 2015 361 BE IT FURTHER RESOLVED to create the following new classification: Classification FLSA Status Salary Grade Total Points Library Acquisitions Specialist Non-Exempt 8 280 BE IT FURTHER RESOLVED to upwardly reclassify the following position: Position Current Classification Grade New Classification Grade 5010302-00910 Account Clerk I 5 Library Acquisitions Specialist 8 Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Copy of Oakland County Salary Administration Third Quarterly Report for FY 2015 06/03/15 on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #15161 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: WATER RESOURCES COMMISSIONER – RESOLUTION TO AUTHORIZE EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS NORTH EVERGREEN INTERCEPTOR CONTRACTS AND EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS NORTH EVERGREEN INTERCEPTOR BONDS, SERIES 2015 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Act No. 342, Public Acts of Michigan, 1939, as amended (hereinafter sometimes referred to as "Act 342"), the Board of Commissioners of the County of Oakland (the "County"), by Resolution No. 7674, adopted September 2, 1976, authorized and directed that there be established by consolidation and merger a County system of sewage disposal improvements and services to serve municipalities in the County, said system to be known as the "Evergreen and Farmington Sewage Disposal Systems" (hereinafter sometimes referred to as the "System"), and designated the Oakland County Drain Commissioner (now the Oakland County Water Resources Commissioner) as the County Agency for the System with all powers and duties with respect thereto as are provided by Act 342; and WHEREAS the Charter Township of Bloomfield ("Bloomfield Township"), the City of Bloomfield Hills ("Bloomfield Hills") and the City Troy ("Troy") (Bloomfield Township, Bloomfield Hills and Troy are hereinafter sometimes referred to as the "Municipalities") are in urgent need of sewage disposal system improvements and facilities constituting a part of the System described in the forms of the proposed contracts hereinafter mentioned in order to promote the health and welfare of the residents thereof, which sewage disposal improvements and facilities also would benefit the County and its residents, and the parties to said proposed contracts have concluded that such improvements and facilities can be provided and financed most economically and efficiently by the County through the exercise of the powers conferred by Act 342, and especially Sections 5a, 5b and 5c thereof; and WHEREAS by the terms of Act 342, the County and the Municipalities are authorized to enter into contracts for the acquisition, construction and financing of the sewage disposal system improvements and facilities to serve the Municipalities, for the payment of part of the cost thereof by Bloomfield Hills and Troy in cash from available funds, and for the payment of the remaining cost thereof by Bloomfield Township, with interest, and the County is then authorized to issue its bonds to provide the funds necessary for Bloomfield Township’s share of the cost; and WHEREAS there has been submitted to this Board of Commissioners (i) a proposed Evergreen Farmington Sewage Disposal Systems North Evergreen Interceptor NEI Hydraulic Improvements Contract between the County, by and through the County Water Resources Commissioner, County Agency, party of the first part, and the Municipalities, parties of the second part (the "NEI Contract"), (ii) a proposed Evergreen Farmington Sewage Disposal Systems North Evergreen Interceptor Stonycroft Parallel Relief Sewer Contract between the County, by and through the County Water Resources Commissioner, County Agency, party of the first part, and Bloomfield Township and Bloomfield Hills, parties of the second part (the "Stonycroft Contract"), and (iii) a proposed Evergreen Farmington Sewage Disposal Systems North Evergreen Interceptor Wattles Road Storage Contract between the County, by Commissioners Minutes Continued. June 10, 2015 362 and through the County Water Resources Commissioner, County Agency, party of the first part, and Bloomfield Township and Troy, parties of the second part (the "Wattles Road Contract" together with the NEI Contract and the Stonycroft Contract the "Contracts"), which Contracts provide for the acquisition, construction and financing of the sewage disposal system improvements and facilities to the System (the "Project") and which Contracts are hereinafter set forth in full; and WHEREAS there have also been submitted for approval and adoption by this Board of Commissioners, preliminary plans, specifications and estimates of the cost and period of usefulness of the Project; and WHEREAS the Board of Commissioners desires to proceed with the Project, the approval and execution of the Contracts to acquire, construct and finance the Project as provided in the Contracts and the issuance of bonds by the County in an aggregate principal amount of not to exceed $4,000,000 to defray Bloomfield Township's share of the cost of the Project; 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. APPROVAL OF PROJECT AND DESIGNATION OF COUNTY AGENCY. This Board of Commissioners by majority vote of its members-elect does hereby approve, under and pursuant to Act 342, (i) the Project constituting a part of the System, as specified and to be located as shown in Exhibit A to each of the Contracts, and (ii) the services provided thereby; that the Project shall serve the Municipalities; that the Oakland County Water Resources Commissioner is hereby designated and appointed as the "County Agency" for the Project; that the County Agency shall have all the powers and duties with respect to the Project and the System as are provided by law and especially by Act 342; and that all obligations incurred by the County Agency with respect to the Project and the System, unless otherwise authorized by this Board of Commissioners, shall be payable solely from funds derived from the Municipalities as hereinafter provided. 2. PLANS AND SPECIFICATIONS – ESTIMATES OF PERIOD OF USEFULNESS AND COST. The preliminary plans and specifications for the Project as contained in Exhibits A and B to each of the Contracts and the estimates of $7,359,000 as the aggregate cost thereof and of 40 years and upwards as the period of usefulness thereof, as submitted to this Board of Commissioners, are hereby approved and adopted. 3. APPROVAL OF THE CONTRACTS. The Contracts which have been submitted to this Board of Commissioners, are hereby approved and adopted, and the County Agency is hereby authorized and directed to execute and deliver the same for and on behalf of the County, in as many counterparts as may be deemed advisable. The NEI Contract, the Stonycroft Contract and the Wattles Road Contract are attached to this Resolution as “EXHIBIT 1,” “EXHIBIT 2” and “EXHIBIT 3,” respectively. 4. AUTHORIZATION OF BONDS – PURPOSE. Bonds of the County aggregating the principal sum of not to exceed Four Million Dollars ($4,000,000) shall be issued and sold pursuant to the provisions of Act 342, and other applicable statutory provisions, for the purpose of defraying Bloomfield Township’s share of the cost of the Project. 5. BOND DETAILS. The bonds shall be designated "Evergreen and Farmington Sewage Disposal Systems North Evergreen Interceptor Bonds, Series 2015," shall be dated as of the date approved by the County Agency; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 6% per annum as shall be determined by the County Agency at the time of sale; shall be payable as to interest on such dates as shall be determined by the County Agency; and shall be serial bonds and/or term bonds and mature in such amounts and on such dates and in such years as shall be determined by the County Agency; provided, however, that the final maturity of a series of bonds shall not be more than 30 years after the date that such series of bonds is delivered to the initial purchasers thereof. Commissioners Minutes Continued. June 10, 2015 363 6. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. 7. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book- entry-only transfer system of DTC. In the event the County determines that it is in the best interest of the County not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued, the County may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the bond registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the County and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the County may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the County shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the County and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Resolution. In the event bond certificates are issued, the provisions of this Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the County and the bond registrar and paying agent to do so, the County and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the bonds to any Participant having bonds certified to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the bonds. Notwithstanding any other provision of this Resolution to the contrary, so long as any bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such bonds and all notices with respect to the bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations relating to the bonds. The County Treasurer and the County Agency are each authorized to sign the Blanket Issuer Letter of Representations on behalf of the County, in such form as such officer deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law and this Resolution. 8. PRIOR REDEMPTION. The bonds shall be subject to redemption prior to maturity upon such terms and conditions as shall be determined by the County Agency. 9. BOND REGISTRAR AND PAYING AGENT. The County Treasurer shall designate, and may enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The County Treasurer from time to time as required may designate a similarly qualified successor bond registrar and paying agent. 10. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the County by the facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the County (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the County Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the Commissioners Minutes Continued. June 10, 2015 364 facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and upon which the seal of the County (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 11. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the County, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the County shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is [appropriate date to be inserted]." The County and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the County as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of section 6 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the County nor the bond registrar and paying agent shall be affected by any notice to the contrary. The County agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the County or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption. 12. FORM OF BONDS. The bonds shall be in substantially the following form, with such additions, deletions and modifications as are approved by the County Agency and consistent with the terms of this Resolution: [FORM OF BOND] UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF OAKLAND EVERGREEN AND FARMINGTON SEWAGE DISPOSAL SYSTEMS NORTH EVERGREEN INTERCEPTOR BONDS, SERIES 2015 Commissioners Minutes Continued. June 10, 2015 365 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP Registered Owner: Principal Amount: The County of Oakland, State of Michigan (the "County") acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the Maturity Date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at ____________________________________________ in the city of _______________, Michigan, the bond registrar and paying agent, and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount from the Date of Original Issue or such later date through which interest shall have been paid until the County's obligation with respect to the payment of such Principal Amount is discharged at the rate per annum specified above. Interest is payable on the first day of _________ and ________ in each year, commencing ____________ 1, 201_. Principal and interest are payable in lawful money of the United States of America. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This bond is one of a series of bonds aggregating the principal sum of _______________________________ Dollars ($_________) issued by the County under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act No. 342, Public Acts of 1939, as amended) and a bond authorizing resolution adopted by the Board of Commissioners of the County (the "Resolution") for the purpose of defraying part of the cost of acquiring and constructing sewage disposal facilities to improve, enlarge and extend the Evergreen and Farmington Sewage Disposal Systems to serve the County and the Charter Township of Bloomfield, the City of Bloomfield Hills and the City of Troy (collectively, the "Municipalities"). The bonds of this series are issued in anticipation of payments to be made by the Charter Township of Bloomfield in the aggregate principal amount of ___________________________ Dollars ($________), pursuant to the contracts among the County and the Municipalities. The full faith and credit of the Charter Township of Bloomfield have been pledged to the prompt payment of the foregoing amount and the interest thereon as the same become due. As additional security the full faith and credit of the County have been pledged for the prompt payment of the principal of and interest on the bonds of this series. Taxes levied by the Charter Township of Bloomfield and the County to pay the principal of and interest on the bonds of this series are subject to constitutional, statutory and charter tax limitations. This bond is transferable, as provided in the Resolution, only upon the books of the County kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. Commissioners Minutes Continued. June 10, 2015 366 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. Commissioners Minutes Continued. June 10, 2015 367 IN WITNESS WHEREOF, the County of Oakland, Michigan, by its Board of Commissioners, has caused this bond to be executed in its name by facsimile signatures of the Chairperson of the Board of Commissioners and the County Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent. COUNTY OF OAKLAND By: Chairperson, Board of Commissioners [SEAL] And: County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Resolution. Bond Registrar and Paying Agent By: Authorized Representative AUTHENTICATION DATE: ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ (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: __________________________________________ Commissioners Minutes Continued. June 10, 2015 368 Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. [END OF BOND FORM] 13. SECURITY. The bonds shall be issued in anticipation of payments to be made by Bloomfield Township pursuant to the Contracts. The bonds shall be secured primarily by the full faith and credit pledge made by Bloomfield Township in the Contracts pursuant to the authorization contained in Act 342. As additional and secondary security the full faith and credit of the County are pledged for the prompt payment of the principal of and interest on the bonds as the same shall become due. If Bloomfield Township shall fail to make a payment to the County which is sufficient to pay the principal of, premium, if any, and interest on the bonds as the same shall become due, then an amount sufficient to pay the deficiency shall be advanced from the general fund of the County. Taxes imposed by the County shall be subject to constitutional and statutory limitations. 14. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium, if any, and interest on the bonds, or any portion thereof, shall have been deposited in trust, this Resolution shall be defeased with respect to such bonds, and the owners of the bonds shall have no further rights under this Resolution except to receive payment of the principal of, premium, if any, and interest on such bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein. 15. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account, provided, however, that such Principal and Interest Fund may be pooled or combined for deposit or investment purposes with other debt retirement funds created for nonvoted debt of the County (other than any special assessment debt). From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium as determined by order of the County Agency and any accrued interest received from the purchaser of the bonds at the time of delivery of the same. All payments received from Bloomfield Township pursuant to the Contracts are pledged for payment of the principal of and interest on the bonds and expenses incidental thereto and as received shall be placed in the Principal and Interest Fund. 16. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund or funds for the Project and used to defray the cost of the Project in accordance with the provisions of the Contracts. 17. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY – EXCEPTION FROM PRIOR APPROVAL. The issuance and sale of the bonds shall be subject to the County obtaining qualified status or prior approval from the Department of Treasury of the State of Michigan pursuant to Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"), and, if necessary, the County Treasurer and County Agency are each hereby authorized and directed to make application to the Department of Treasury for approval to issue and sell the bonds as provided by the terms of this Resolution and by Act 34. The County Treasurer and County Agency are authorized to pay any filing fees required in connection with obtaining qualified status or prior approval from the Department of Treasury. The County Treasurer and County Agency are further authorized to request such waivers of the requirements of the Department of Treasury or Act 34 as necessary or desirable in connection with the sale of the bonds. 18. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The County Agency is hereby authorized to determine the principal amount of the bonds to be sold and to determine the other bond details as described in section 5 hereof and the terms and conditions for prior redemption as described in section 8 hereof. In addition, in order to save the cost of publication of an official notice of sale, the County Agency is hereby authorized to sell the bonds at a negotiated sale after solicitation of proposals from prospective purchasers by Municipal Financial Consultants Incorporated, which is hereby appointed as the County's financial consultant for the bonds. The bonds shall be sold at a price that is not less than 98% of their par value, as Commissioners Minutes Continued. June 10, 2015 369 determined by the County Agency. The County's financial consultant is authorized to solicit proposals from at least twenty-five prospective purchasers and to circulate a request for proposal at least seven days prior to the date fixed for receipt of proposals for the purchase of the bonds. The request for proposal shall be in the form approved by the County Agency. The financial consultant is hereby designated to act for and on behalf of the County Agency to receive proposals for the purchase of the Bonds and to take all other steps necessary in connection with the sale and delivery thereof. The County Agency is hereby authorized to determine the low proposer on the Bonds and to award the Bonds to such low proposer. The County Agency is hereby authorized to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the Bonds in accordance with the provisions of this Resolution. 19. REPLACEMENT OF BONDS. Upon receipt by the County Treasurer of proof of ownership of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the County Treasurer, the County Treasurer may authorize the bond registrar and paying agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the County Treasurer may authorize the bond registrar and paying agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond registrar and paying agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the County in the premises. Any bond delivered pursuant the provisions of this section 19 in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. 20. OFFICIAL STATEMENT. The County Agency and the County Treasurer are each authorized to cause the preparation of an official statement for the bonds for the purpose of enabling compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule") and to do all other things necessary to enable compliance with the Rule. After the award of the bonds, the County will provide copies of a "final official statement" (as defined in paragraph (e)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the successful bidder or bidders to enable such bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. 21. CONTINUING DISCLOSURE. The County Treasurer is authorized to execute a certificate of the County, constituting an undertaking to provide ongoing disclosure about the County for the benefit of the holders of the bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. 22. TAX COVENANT. The County covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The County Agency, the County Treasurer, the County Clerk and other appropriate County officials are authorized to do all things necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 23. NOTICE OF ISSUANCE OF BONDS. Within thirty (30) days after the issuance of the bonds, either (1) a copy of the final official statement or other offering or disclosure document prepared by the County in connection with the issuance of the bonds or (2) notice that such information has been filed with the Electronic Municipal Market Access system of the Municipal Securities Rulemaking Board and is publicly available shall be furnished to Bank of America, N.A. at the following locations: Bank of America, N.A. Mail Code: IL4-135-07-28 135 South LaSalle Street Commissioners Minutes Continued. June 10, 2015 370 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. 24. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE BLOOMFIELD 9007-411 1496933v1 Copy of Exhibit 1-Evergreen Farmington Sewage Disposal Systems North Evergreen Interceptor Nei Hydraulic Improvements Contract, Exhibit “A”-Evergreen Farmington Sewage Disposal System North Evergreen Interceptor North Evergreen Hydraulic Improvements Project Description (B4), Evergreen Farmington Sewage Disposal System North Evergreen Interceptor NEI Hydraulic Improvements (B4), Exhibit 2-Evergreen Farmington Sewage Disposal Systems North Evergreen Interceptor Stonycroft Parallel Relief Sewer Contact, Exhibit “A”-Evergreen Farmington Sewage Disposal System North Evergreen Inerceptor Stonycroft Parallel Relief Sewer (C2), Evergreen Farmington Sewage Disposal System North Evergreen Interceptor Stonycroft Parallel Relief Sewer (C2), Exhibit 3-Evergreen Farmington Sewage Disposal Systems North Evergreen Interceptor Wattles Road Storage Contract, Exhibit “A”-Evergreen Farmington Sewage Disposal System North Evergreen Inerceptor Wattles Road Storage Project Description (B3), Evergreen Farmington Sewage Disposal System North Evergreen Interceptor Wattles Road Linear Storage (B3), Oakland County Water Resources Commissioner Memorandum regarding North Evergreen Interceptor Contracts and Bonds Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #15162 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: PARKS AND RECREATION COMMISSION - REQUEST FOR APPROVAL OF INTER-LOCAL AGREEMENT FOR DAVISBURG DAM - SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on February 23, 1984, the Oakland County Board of Commissioners adopted MR #84037 conveying the Mill Pond Site/Park to the Charter Township of Springfield (Springfield Township) for one dollar ($1.00) via quit claim deed; and WHEREAS, MR #84037 required that the financial obligation for maintenance and repair of the Davisburg Dam be split based on the frontage of the Mill Pond; and WHEREAS the quit claim deed that was executed on March 1, 1984 to convey the Mill Pond Site/Park did not contain the requirement that the financial obligation for maintenance and repair of the Davisburg Dam be split based on the frontage of the Mill Pond; and WHEREAS Oakland County Board of Commissioners adopted MR #13284 on November 13, 2013 approving an Affidavit to clarify the March 1, 1984 quit claim deed requiring Springfield Township and Oakland County to portion financial liability for the Davisburg Dam based on frontage of the Mill Pond; Commissioners Minutes Continued. June 10, 2015 371 and WHEREAS the Affidavit approved by MR #13284 required the Parties to enter into an Interlocal Agreement to set forth the duties and obligations of each Party for the actual repairs or maintenance to the Davisburg Dam; and WHEREAS an Inter-local Agreement between the Oakland County and Springfield Township has been drafted by Oakland County Corporation Counsel, based upon the Affidavit of Clarification; and WHEREAS the Inter-local Agreement was approved by the Springfield Township Board of Trustees, and WHEREAS the Oakland County Parks and Recreation Commission has reviewed and recommends approval of the Inter-Local Agreement for Davisburg Dam-Springfield Oaks County Park. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Inter-local agreement between the County of Oakland and the Charter Township of Springfield, based upon the Affidavit of Clarification of financial responsibility, including maintenance and operational responsibility for the Davisburg Mill Pond Dam at Springfield Oaks County Park as drafted by Oakland County Corporation Counsel and approved by the Charter Township of Springfield. BE IT FURTHER RESOLVED that the Board of Commissioners hereby directs its Chairperson or his Designee to execute the attached agreement and all other related documents between the County and the Charter Township of Springfield. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Agreement for Mill Pond Dam Maintenance and Repair Between Oakland County and Charter Township of Springfield Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #15163 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF AMENDMENT TO LICENSE AGREEMENT WITH SBA STEEL LLC FOR EXTENSION OF THE TERM FOR THE EXISTING CELL TOWER AT ADDISON OAKS COUNTY PARK, PART OF PARCEL NO 05-33-100-004 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County and Sprint Spectrum, LP, entered into License Agreement, dated April 22, 2004. The License Agreement was then purchased on November 13, 2009 by SBA Steel LLC, a Florida limited liability company, and ultimately assigned to Licensee pursuant to a Memorandum of Assignment recorded November 26, 2013, for Licensee's use of the Cell Tower Site located at 998 Lake George Road, Leonard, MI 48367; and WHEREAS pursuant to MR #04088 dated April 1, 2004, the License Agreement was approved by the Oakland County Board of Commissioners; and WHEREAS SBA has requested an extension of the term of the License Agreement through the attached Amendment; and WHEREAS the Amendment extends the term of the License Agreement for four (4) additional successive terms of five (5) years (20 years total); and WHEREAS upon the execution of the Amendment, SBA shall pay a onetime administrative fee of Five Thousand Dollars ($5,000.00); and WHEREAS under the Amendment, commencing on September 27, 2019, and each anniversary of such date thereafter, the License Fee shall increase three percent (3%); and WHEREAS under the current License Agreement the License Fee increases fifteen percent (15%) every five (5) years; and WHEREAS analysis done on the previous payment terms versus the payment terms under the Amendment will net an additional $90,269.00 over twenty (20) years. Total revenue of this lease from September 27, 2019 to September 2043 is $1,197,749.00; and Commissioners Minutes Continued. June 10, 2015 372 WHEREAS Oakland County Parks and Recreation Commission has reviewed and recommends approval of the Amendment to the License Agreement; and WHEREAS the Department of Facilities and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Amendment and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Amendment between Oakland and SBA Steel LLC. BE IT FURTHER RESOLVED that the Board of Commissioners hereby directs its Chairperson or his Designee to execute the attached Amendment and all other related documents between the County and SBA Steel LLC 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 The Chairperson referred the resolution to the Finance Committee. There were no objections. Copy of Memorandum and Amendment to License Agreement and Exhibit “A” Legal description Incorporated by Reference. Original on file in County Clerk’s office. There were no items to report on the Regular Agenda for the Public Services Committee. MISCELLANEOUS RESOLUTION #15164 BY: Commissioner David Woodward, District #19 IN RE: BOARD OF COMMISSIONERS – OPPOSE ALTERING TERM OF AND MOVING ELECTION DATE OF OAKLAND COUNTY EXECUTIVE OFFICE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County voters approved the creation of the County Executive’s office on August 6, 1974, with a term of office concurrent with other countywide elected officials and elected on presidential election cycle; and WHEREAS Oakland County’s first County Executive Dan Murphy sought Presidential Election years for the County Executive election because he believed that the most voters possible should be included in selection of the most senior Oakland County post; and WHEREAS House Bill 4296 and Senate Bill 110 have been introduced by Representative Klint Kesto and Senator David Robertson with the sole purpose of ending the long standing practice of electing the County Executive in traditionally high turnout general elections concurrent with the presidential election and re-scheduling the Executive’s election cycle to lower turnout, mid-term elections; and WHEREAS the sponsors of this legislation have not made a serious case for removing approximately 20% of the voters, based on historic voter turnout levels, from the selection of a County Executive; and WHEREAS Oakland County taxpayers deserve accountable elected leadership, that values the participation of all citizens; and WHEREAS the proposed shift in term of office for the County Executive is a cynical attempt to change the rules to benefit one party and one individual; and WHEREAS the adoption of House Bill 4296, Senate Bill 110 or any other attempt to change the term of office of the County Executive would undermine the confidence of the public in their elected officials and be a step backward for the cause of accountability in county government; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares their opposition to House Bill 4296, Senate Bill 110 or any other attempt to alter the term of office or election cycle of the office of County Executive. BE IT FURTHER RESOLVED, as outlined in the provisions of Senate Bill 110, the Oakland County Board of Commissioners establishes that the term of office of Oakland County Executive shall be concurrent with other countywide elected officials and concurrent with the presidential election cycle. 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, members of the Oakland County delegation to the Michigan Legislature and all local governments within Oakland County. Commissioners Minutes Continued. June 10, 2015 373 Chairperson, I move the adoption of the foregoing Resolution. DAVE WOODWARD, MARCIA GERSHENSON, JANET JACKSON, NANCY QUARLES, DAVID BOWMAN, GARY MCGILLIVRAY, HELAINE ZACK Moved by Woodward supported by Zack to suspend the rules and vote on Miscellaneous Resolution #15164 – Board of Commissioners – Oppose Altering Term of and Moving Election Date of Oakland County Executive Office. Vote on motion to suspend the rules: AYES: Gershenson, Jackson, McGillivray, Quarles, Woodward, Zack, Bowman. (7) NAYS: Fleming, Gingell, Gosselin, Hoffman, Kowall, Long, Matis, Middleton, Scott, Spisz, Taub, Weipert, Crawford, Dwyer. (14) A sufficient majority having not voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #15164 – Board of Commissioners – Oppose Altering Term of and Moving Election Date of Oakland County Executive Office failed. Discussion followed. The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #15165 BY: Commissioner Marcia Gershenson, District #13 IN RE: BOARD OF COMMISSIONERS – REQUESTING THE GOVERNORS OF OHIO AND MICHIGAN AND THE PREMIER OF ONTARIO TO COMMIT TO A MINIMUM NET 40% REDUCTION IN DISSOLVED REACTIVE PHOSPHORUS IN WESTERN LAKE ERIE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Lake Erie is the 12th largest lake in the world with 872 miles of shoreline; and WHEREAS Lake Erie provides drinking water and recreational opportunities to residents of Michigan, Ohio and Ontario; and WHEREAS more than 500,000 people in Ohio, Michigan and Ontario in 2014 were advised against drinking water because of the toxins created by Lake Erie’s harmful algal blooms; and WHEREAS Lake Erie’s previous recovery plan included an accountable plan with individual state and provincial commitments to reduce phosphorus, nitrogen and sediments in Lake Erie; and WHEREAS Harmful Algal Blooms (HABs) produce the toxin microcystin which threatens drinking and recreational waters; and WHEREAS HABs produce putrid green waters that threaten Lake Erie’s invaluable assets in mid to late summer, resulting in a severe negative impact to the regional economy; and WHEREAS numerous reports indicate a 40% net dissolved reactive phosphorus reduction will be required to reduce the number of HABs in western Lake Erie. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby calls upon the Governors of Michigan and Ohio and the Premier of the Province of Ontario to develop an effective plan and make a firm commitment, jointly and individually, to achieve a net 40% reduction of dissolved reactive phosphorus in the western Lake Erie basin within a firm deadline. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners further calls upon the Governors of Michigan and Ohio and the Premier of the Province of Ontario to demonstrate accountability in achieving their commitments through the transparent, ongoing sharing of information with the public about benchmarks and progress in meeting this goal. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon Governor Rick Snyder to initiate a partnership with other western Lake Erie states, the Province of Ontario, and the United States Environmental Protection Agency and Environment Canada to achieve this goal. Commissioners Minutes Continued. June 10, 2015 374 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, members of the Oakland County delegation to the Michigan Legislature, the Michigan Sierra Club, the International Joint Commission, the Governor of the State of Ohio and the Premier of the Province of Ontario. Chairperson, I move the adoption of the foregoing Resolution. MARCIA GERSHENSON, JANET JACKSON, GARY MCGILLIVRAY, DAVE WOODWARD, DAVID BOWMAN, NANCY QUARLES, HELAINE ZACK, BILL DWYER, BOB HOFFMAN, WADE FLEMING, PHIL WEIPERT, MICHAEL SPISZ The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #15166 BY: Commissioner Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CHARTER TOWNSHIP OF OAKLAND – 2015 LIMESTONE PROGRAM – PROJECT NO. 53002 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 5. Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board; and WHEREAS the Charter Township of Oakland, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the Charter Township of Oakland and said appropriation has been transferred to a project account; and WHEREAS the Charter Township of Oakland has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one third (1/3) share of the – Fiscal Year 2015 authorized amount of Tri-Party Road Improvement funding for Project No. 53002 in the Charter Township of Oakland is $21,227. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Charter Township of Oakland and authorizes the release of Tri- Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. Commissioners Minutes Continued. June 10, 2015 375 BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Charter Township of Oakland. Chairperson, I move the adoption of the foregoing Resolution. MICHAEL SPISZ Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary – Clerk of the Board, Cost Participation Agreement and Exhibit A – Tri-Party Program Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #15167 BY: Commissioner Jeff Matis, District #15; Commissioner Bob Gosselin, District #11 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – CITY OF ROCHESTER HILLS – IMPROVEMENTS ON TIENKEN ROAD, ADAMS ROAD TO LIVERNOIS ROAD – PROJECT NO. 52461 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following: 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board; and WHEREAS the City of Rochester Hills, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the City of Rochester Hills and said appropriation has been transferred to a project account; and WHEREAS the City of Rochester Hills has demonstrated that it has authorized its 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. 52461 in the City of Rochester Hills is $81,650. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Rochester Hills and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED 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. Commissioners Minutes Continued. June 10, 2015 376 BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the City of Rochester Hills. Chairperson, I move the adoption of the foregoing Resolution. JEFF MATIS, BOB GOSSELIN Copy of Correspondence from Thomas G. Noechel, Programming Supervisor, Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary – Clerk of the Board, Cost Participation Agreement and Exhibit A – Tri-Party Program, Rochester Hills Certified Copy Purchase: RES0123-2015 Incorporated by Reference. Original on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Bowman addressed the Board to take a personal privilege to announce that Pontiac Creative Arts Center is presenting OCC Faculty and Students Arts Exhibition held on Friday, June 5, 2015 through Saturday, July 4, 2015. He also stated that opening reception is June 5, 2015 from 5:00 p.m. to 8:00 p.m. Vice-Chairperson Jeff Matis addressed the Board to announce that Advantage Oakland Medical Main Street INNO-VENTION Networking with Amerinet will be held at Southfield Public Library on June 18, 2015 from 8:00 a.m. to 11:00 a.m. He also took a personal privilege to acknowledge Commissioner Gershenson for recently joining leading advocates, catalyst and Pioneers for change from more than 50 countries across the world for the International Women’s Forum Cornerstone Conference in Johannesburg, South Africa. The Board adjourned at 7:47 p.m. to the call of the Chair or July 16, 2015, at 9:30 a.m. LISA BROWN MICHAEL J. GINGELL Clerk Chairperson