BOARD OF ROAD COMMISSIONERS FOR OAKLAND COUNTY, MICHIGAN Thursday, September 22, 2016 1. THE meeting was called to order by the Chairman of the Board, Ronald J. Fowkes at 9:00 A.M. in the Board Room of the County Road Commission Offices, 31001 Lahser Road, Beverly Hills, Michigan. Notice of the meeting was posted on December 11, 2015 in compliance with provisions of Act 267 of 1976. ROLL CALL: FOWKES – PRESENT; WILSON – PRESENT; JAMIAN – EXCUSED Dennis Kolar, Managing Director Gary Piotrowicz, Deputy Managing Director Dianne Hersey, General Counsel Dennis Lockhart, Director of Finance David Evancoe, Director of Planning and Environmental Concerns Darryl Heid, Director of Highway Maintenance David Czerniakowski, Director of Customer Services Tom Blust, Thomas Blust, Director of Engineering Mary Gillis, Director of Central Operations Danielle Deneau, Director of Traffic Safety Pam Cahill, Director of Human Resources Craig Bryson, Public Information Shannon Miller, Deputy-Secretary/Clerk of the Board 2. Chairman Fowkes led the Pledge of Allegiance to the Flag. 3. MOVED BY: WILSON THAT the Board approve the agenda for September 22, 2016 as written. MOTION CARRIED UNANIMOUSLY 4. Chairman Fowkes recognized one citizen who wished to address the Board. Gene Dixon 3532 Halla Lane Bloomfield Hills, MI 48301 Mr. Dixon represented the Bloomfield Glens Estates Homeowners Association. He made the request to have stumps removed and the ground leveled where some trees were removed by the Road Commission for Oakland County between Halla Lane and Darcy off of Lahser Road.Darryl Heid, Director of Highway Maintenance, will review the area and get back in touch with Mr. Dixon. 5. MOVED BY: WILSON THE Board approve the minutes of September 8, 2016. MOTION CARRIED UNANIMOUSLY 6A. MOVED BY: WILSON RESOLVED, that checks numbered 250230 through 250311; and, ACH payments 39865 thru 39878 numbered 96 be approved for payment for an aggregate amount of 2,745,689.29; and, FURTHER RESOLVED, that the Oakland County Treasurer be directed to pay the checks from the funds in the County Road Account . MOTION CARRIED UNANIMOUSLY 6B. MOVED BY: WILSON RESOLVED, t hat checks numbered 250312 through 250393; and, ACH payments 39879 thru 39901 numbered 105 be approved for payment for an aggregate amount of 1,291,648.40; and, FURTHER RESOLVED, that the Oakland County Treasurer be directed to pay the checks from the funds in the County Road Account . MOTION CARRIED UNANIMOUSLY Board of Road Commissioners for the County of Oakland Page 1 September 22, 2016 7A/B. MOVED BY: WILSON THAT permits and adopt-a-road applications issued by the Road Commission for Oakland County, Customer Service Department, be approved and become effective on the date issued: L AAR 57280 0609 0470 Through Through Through L 57301 0640 0474 Construction Permits Driveway Permits Adopt a Road MOTION CARRIED UNANIMOUSLY 8A. MOVED BY: WILSON WHEREAS, this Board is in the process of reconstructing Dequindre Road in the Cities of Rochester Hills, Troy, Sterling Heights and Shelby Township, Counties of Oakland and Macomb, State of Michigan, being Road Commission Project Number 46901 (“Project”); WHEREAS, Dequindre Road is a county line road, partly in Macomb County under the jurisdiction of Macomb, and partly in Oakland County under the jurisdiction and control of the Board of Oakland County Road Commissioners; WHEREAS, the Project requires the acquisition of a highway easement (“Highway Easement”) and temporary easement (“Temporary Easement”) over a parcel of land (“Property”) that is known as Parcel Number 6, part of Tax Parcel No. 10-07-101022, and commonly known as 42950 Dequindre Road; WHEREAS, Peggy Young, State Certified General Appraiser, has prepared a Market Study, dated April 16, 2016, estimating the just compensation for the Highway Easement to be $1,872.00 and the just compensation for the Temporary Easement to be $600.00, with the total just compensation being $2,472.00; WHEREAS, the owner has executed a Highway Easement in the amount of $1,872.00 and a Temporary Easement in the amount of $600.00, for a total amount of $2,472.00, which is equal to the total estimated just compensation; WHEREAS, the Property has the following record ownership and parties in interest: CENTRAL PROPERTY DEVELOPMENT, INC. 614 S. Ashley St. Ann Arbor, MI 48103 WHEREAS, the Board has reviewed the relevant materials regarding the Property and is otherwise informed about the subject matter; NOW, THEREFORE, BE IT RESOLVED this Board hereby approves and accepts the Highway Easement and Temporary Easement, as proposed, over the Property, and the Board approves payment of $2,472.00 to the owners and parties in interest in exchange for the conveyance. The Board further authorizes the Right of Way Division to complete the transaction and record the necessary documents with the Macomb County Register of Deeds. MOTION CARRIED UNANIMOUSLY 8B. MOVED BY: WILSON WHEREAS, this Board is in the process of reconstructing Dequindre Road in the Cities of Rochester Hills, Troy, Sterling Heights and Shelby Township, Counties of Oakland and Macomb, State of Michigan, being Road Commission Project Number 46901 (“Project”); WHEREAS, Dequindre Road is a county line road, partly in Macomb County under the jurisdiction of Macomb, and partly in Oakland County under the jurisdiction and control of the Board of Oakland County Road Commissioners; WHEREAS, the Project requires the acquisition of a highway easement (“Highway Easement”) over a parcel of land (“Property”) that is known as Parcel Number 15, part of Tax Parcel No. 20-01-476-014, and commonly known as 43425 Dequindre Road. The Property is more particularly described in the records of this Board's Engineering Department, with said description being incorporated by reference herein; WHEREAS, Peggy Young, State Certified General Appraiser, has prepared an appraisal report, dated April 2016, estimating the just compensation for the Highway Easement to be $8,303; WHEREAS, the owner has executed a Highway Easement in the amount of $8,303 which is equal to the amount of estimated just compensation. The owner has also executed a Release of Damages in the amount of $3,260. Total estimated just compensation of $11,563; WHEREAS, the Property has the following record ownership and parties in interest: William Peludat and Annette I. Peludat 43425 Dequindre Road Troy, MI 48085 Board of Road Commissioners for the County of Oakland Page 2 September 22, 2016 WHEREAS, the Board has reviewed the relevant materials regarding the Property and is otherwise informed about the subject matter; NOW, THEREFORE, BE IT RESOLVED this Board hereby approves and accepts the Highway Easement, as proposed, over the Property, and the Board approves payment of $11,563 to the owners and parties in interest in exchange for the conveyance. The Board further authorizes the Right of Way Division to complete the transaction and record the necessary documents with the Oakland County Register of Deeds. MOTION CARRIED UNANIMOUSLY 8C. MOVED BY: WILSON WHEREAS, this Board is in the process of reconstructing the intersection of South Boulevard and South Livernois Road in the City of Rochester Hills, County of Oakland, State of Michigan, being Road Commission Project No. 53181 (“Project”); WHEREAS, South Boulevard and South Livernois Road in the City of Rochester Hills, are county primary roads under the jurisdiction and control of this Board; WHEREAS, the Project requires the acquisition of a highway easement (“Highway Easement”) and a temporary easement (“Temporary Easement”) over a vacant parcel of land (“Property”) being RCOC Parcel Number 2, being part of Tax Parcel No. 15-34-352-011. The Property is more particularly described in the records of this Board’s Engineering Department and which description is incorporated by reference herein; WHEREAS, Michael F. Kurschat, State Certified General Appraiser, has prepared an appraisal report, dated March 1, 2016, estimating the just compensation for the Highway Easement to be $9,800.00 and estimating the just compensation for the Temporary Easement to be $176.00; for a total estimated just compensation of $9,976.00; WHEREAS, the Board has previously reviewed relevant materials regarding the Property and on April 21, 2016, authorized a good faith written offer (“GFWO”) to Purchase in the amount of $9,976.00. Since receiving the GFWO, the owner has agreed to accept the sum of $23,500.00, which is a reasonable administrative settlement; WHEREAS, the Property has the following record ownership and parties in interest: Loyal Order of Moose, Avon Rochester Lodge No. 409 3967 S. Livernois Road Rochester Hills, MI 48307 WHEREAS, this Board has reviewed the relevant materials regarding the Property and is otherwise informed about the subject matter; NOW, THEREFORE, BE IT RESOLVED that this Board hereby approves the administrative settlement of $23,500.00 to be the total estimated just compensation for the acquisition of the Highway Easement and Temporary Easement; BE IT FURTHER RESOLVED this Board hereby approves and accepts the Highway and Temporary Easement, as proposed, over the Property, and the Board approves payment of $23,500.00 to the owners and parties in interest in exchange for the conveyance. The Board further authorizes the Right of Way Division to complete the transaction and record the necessary documents with the Oakland County Register of Deeds. MOTION CARRIED UNANIMOUSLY 9A. MOVED BY: WILSON WHEREAS, this Board is in the process of reconstructing Baldwin Road in the Township of Orion, County of Oakland, State of Michigan, being Road Commission Project No. 52021 (“Project”); WHEREAS, Baldwin Road in the Township of Orion is a county primary road under the jurisdiction and control of this Board; WHEREAS, the Project requires the acquisition of a parcel of land (“Property”) being RCOC Parcel Number 11, being part of Tax Parcel No. 09-32-101-025, and commonly known as 4016 S. Baldwin Road. The Property is more particularly described in the records of this Board’s Engineering Department and which description is incorporated by reference herein; WHEREAS, Michael Kurschat, State Certified General Appraiser, has prepared an appraisal report dated June 6, 2016, estimating just compensation for the property to be $895,000, plus the sum of $11,100 for the fixtures thereon; WHEREAS, Brian Renaud, RCOC’s outside attorney, has assessed an Environmental Reserve of $212,015; for a total sum of estimated just compensation of $694,085; WHEREAS, the Property has record ownership and parties in interest as follows: Bradley Antaya & Amy Antaya 7007 Clintonville Road Clarkston, MI 48348 Charles Antaya & Mary Antaya 525 James Lake Lake Orion, MI 48361 WHEREAS, this Board has reviewed the relevant materials regarding the Property and is otherwise informed about the subject matter; Board of Road Commissioners for the County of Oakland Page 3 September 22, 2016 NOW, THEREFORE, BE IT RESOLVED that this Board hereby declares and determines the sum of $694,085 to be the total estimated just compensation for the acquisition of the Property; BE IT FURTHER RESOLVED that this Board hereby authorizes and directs its Managing Director to make a good faith written offer to purchase the Property, and to compensate the owners and parties in interest, including but not limited to the owners and parties in interest listed above, in the amount of $694,085; BE IT FURTHER RESOLVED that this Board, in accordance with the provisions of MCL 213.55, hereby reserves its right to bring federal or state cost recovery actions against past and/or present owners of the property arising out of a release of hazardous substances on, at, and/or affecting the Property. MOTION CARRIED UNANIMOUSLY 9B. MOVED BY: WILSON WHEREAS, this Board is in the process of reconstructing Baldwin Road in the Township of Orion, County of Oakland, State of Michigan, being Road Commission Project No. 52021 (“Project”); WHEREAS, Baldwin Road in the Township of Orion is a county primary road under the jurisdiction and control of this Board; WHEREAS, the Project requires the acquisition of a highway easement (“Highway Easement”) and a temporary easement (“Temporary Easement”) over a parcel of land (“Property”) being RCOC Parcel Number 15, 16 & 17, being part of Tax Parcel No. 09-29-301-038, 09-29-301-034 & 09-29-301-029, and commonly known as 3900 S. Baldwin Road and 3910 S. Baldwin Road. The Property is more particularly described in the records of this Board’s Engineering Department and which description is incorporated by reference herein; WHEREAS, Peggy Young, State Certified General Appraiser, has prepared an appraisal report, dated April 25, 2016, estimating the just compensation for the Highway Easement to be $500,000, the Temporary Easement to be $2,100, damages/cost to cure have been estimated to be $140,956; for a total estimated just compensation of $643,056; WHEREAS, the Property has record ownership and parties in interest as follows: The Gingellville Community Church 3920 S. Baldwin Road Orion, MI 48359 WHEREAS, this Board has reviewed the relevant materials regarding the Property and is otherwise informed about the subject matter; NOW, THEREFORE, BE IT RESOLVED that this Board hereby declares and determines the sum of $643,056 to be the total estimated just compensation for the acquisition of the Highway Easement and Temporary Easement; BE IT FURTHER RESOLVED that this Board hereby authorizes and directs its Managing Director to make a good faith written offer to purchase the Highway Easement and Temporary Easement, and to compensate the owners and parties in interest, including but not limited to the owners and parties in interest listed above, in the amount of $643,056; BE IT FURTHER RESOLVED that this Board, in accordance with the provisions of MCL 213.55, hereby reserves its right to bring federal or state cost recovery actions against past and/or present owners of the property arising out of a release of hazardous substances on, at, and/or affecting the Property. MOTION CARRIED UNANIMOUSLY 9C. MOVED BY: WILSON WHEREAS, this Board is in the process of reconstructing Baldwin Road in the Township of Orion, County of Oakland, State of Michigan, being Road Commission Project No. 52021 (“Project”); WHEREAS, Baldwin Road in the Township of Orion is a county primary road under the jurisdiction and control of this Board; WHEREAS, the Project requires the acquisition of a highway easement (“Highway Easement”) and a temporary easement (“Temporary Easement”) over a parcel of land (“Property”) being RCOC Parcel Number 66, being part of Tax Parcel No. 09-32126-009, and commonly known as 4193 S. Baldwin Road. The Property is more particularly described in the records of this Board’s Engineering Department and which description is incorporated by reference herein; Whereas, Peggy Young, State Certified General Appraiser, has prepared an appraisal report, dated July 29, 2016, estimating the just compensation for the Highway Easement to be $14,700 and estimating the just compensation for the Temporary Easement to be $2,000. Total estimated just compensation is $16,700; WHEREAS, the Property has record ownership and parties in interest as follows: Gingellville Church of Christ 4193 South Baldwin Rd Orion, MI 48359 Board of Road Commissioners for the County of Oakland Page 4 September 22, 2016 WHEREAS, this Board has reviewed the relevant materials regarding the Property and is otherwise informed about the subject matter; NOW, THEREFORE, BE IT RESOLVED that this Board hereby declares and determines the sum of $16,700 to be the total estimated just compensation for the acquisition of the Highway Easement and Temporary Easement; BE IT FURTHER RESOLVED that this Board hereby authorizes and directs its Managing Director to make a good faith written offer to purchase the Highway Easement and Temporary Easement, and to compensate the owners and parties in interest, including but not limited to the owners and parties in interest listed above, in the amount of $16,700; BE IT FURTHER RESOLVED that this Board, in accordance with the provisions of MCL 213.55, hereby reserves its right to bring federal or state cost recovery actions against past and/or present owners of the property arising out of a release of hazardous substances on, at, and/or affecting the Property. MOTION CARRIED UNANIMOUSLY 9D. MOVED BY: WILSON WHEREAS, this Board is in the process of reconstructing Baldwin Road in the Township of Orion, County of Oakland, State of Michigan, being Road Commission Project No. 52021 (“Project”); WHEREAS, Baldwin Road in the Township of Orion is a county primary road under the jurisdiction and control of this Board; WHEREAS, the Project requires the acquisition of a parcel of land (“Property”) being RCOC Parcel Number 81, being part of Tax Parcel No. 09-29-326-019, and commonly known as 3935 S. Baldwin Road. The Property is more particularly described in the records of this Board’s Engineering Department and which description is incorporated by reference herein; WHEREAS, Michael Kurschat, State Certified General Appraiser, has prepared an appraisal report dated March 2, 2016, estimating just compensation for the property to be $180,000, plus the sum of $43,095 for the fixtures, less an environmental reserve of $40,050; for a total of $183,045; WHEREAS, the Property has record ownership and parties in interest as follows: Linda DiPetta c/o Gingellville Auto Body 3935 S. Baldwin Road Orion Township, MI 48359 WHEREAS, this Board has reviewed the relevant materials regarding the Property and is otherwise informed about the subject matter; NOW, THEREFORE, BE IT RESOLVED that this Board hereby declares and determines the sum of $183,045 to be the total estimated just compensation for the acquisition of the Property; BE IT FURTHER RESOLVED that this Board hereby authorizes and directs its Managing Director to make a good faith written offer to purchase the Property, and to compensate the owners and parties in interest, including but not limited to the owners and parties in interest listed above, in the amount of $183,045; BE IT FURTHER RESOLVED that this Board, in accordance with the provisions of MCL 213.55, hereby reserves its right to bring federal or state cost recovery actions against past and/or present owners of the property arising out of a release of hazardous substances on, at, and/or affecting the Property. MOTION CARRIED UNANIMOUSLY 10A. MOVED BY: WILSON WHEREAS, this Board has determined that it is necessary to acquire a certain temporary easement in the Township of West Bloomfield, for public purposes in conjunction with the reconstruction, widening and improvement of Orchard Lake Road, Project #48201, which is under the jurisdiction of this Board; and WHEREAS, this Board has determined that it must take said lands, referred to as Parcel No. OL-26, whose known party in interest is The Shopping Boardwalk in West Bloomfield, LLC; and U.S.Bank N. A., as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series 2012-LC5, without the consent of said parties in interest; and WHEREAS, this Board is authorized to institute condemnation proceedings under 1966 PA 295, as amended, and 1980 PA 87, as amended, and to set the estimated just compensation for any lands taken for public purposes under the provisions of said Acts; and WHEREAS, this Board, under date of April 21, 2016, did set the estimated just compensation damages to landscaping and for the temporary easment over Parcel No. OL-26 at $33,644 ; WHEREAS, 1980 PA 87, as amended, directs the depositing of the estimated just compensation set by this Board with the County Treasurer, who is to set said sum apart and securely hold it until further Order of the Oakland County Circuit Court. Board of Road Commissioners for the County of Oakland Page 5 September 22, 2016 NOW, THEREFORE, BE IT RESOLVED that this Board does authorize the preparation of the necessary warrants in the sum of $33,644 payable to the County Treasurer, to be deposited in accordance with the terms of 1980 PA 87, as amended, said sum to be set apart and securely held by the County Treasurer until further Order of the Oakland County Circuit Court. BE IT FURTHER RESOLVED that the sum of $33,644 held on deposit by the County Treasurer is the estimated just compensation for the temporay easement over Parcel No. OL-26, for The Shopping Boardwalk in West Bloomfield, LLC; and U.S.Bank N. A., as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Commercial Mortgage Pass-Through Certificates, Series 2012-LC5, being the known parties in interest thereof, to be disbursed only in accordance with the requirements of 1980 PA 87, as amended. Be it further resolved that the Board approves the Managing Director’s retention of Secrest Wardle to represent the Board in reference to the condemnation proceedings. MOTION CARRIED UNANIMOUSLY 10B. MOVED BY: WILSON WHEREAS, this Board has determined that it is necessary to acquire a certain highway easement and temporary easement in the Township of Orion, for public purposes in conjunction with the reconstruction, widening and improvement of Baldwin Road, Project No. 52021 which is under the jurisdiction of this Board; and WHEREAS, this Board has determined that it must take said lands, referred to as Parcels No. 46/47 and 49/50 whose known party in interest is St. Clare Properties, LLC, without the consent of said party in interest; and WHEREAS, this Board is authorized to institute condemnation proceedings under 1966 PA 295, as amended, and 1980 PA 87, as amended, and to set the estimated just compensation for any lands taken for public purposes under the provisions of said Acts; and WHEREAS, this Board, under date of August 25, 2016, did set the estimated just compensation for the highway easement and temporary easement over Parcels No. 46/47 and 49/50 at $31,208.00; WHEREAS, 1980 PA 87, as amended, directs the depositing of the estimated just compensation set by this Board with the County Treasurer, who is to set said sum apart and securely hold it until further Order of the Oakland County Circuit Court. NOW, THEREFORE, BE IT RESOLVED that this Board does authorize the preparation of the necessary warrants in the sum of $31,208.00 payable to the County Treasurer, to be deposited in accordance with the terms of 1980 PA 87, as amended, said sum to be set apart and securely held by the County Treasurer until further Order of the Oakland County Circuit Court. BE IT FURTHER RESOLVED that the sum of $31,208.00 held on deposit by the County Treasurer is the estimated just compensation for Parcels No. 46/47 and 49/50, for St. Clare Properties, LLC, being the known party in interest thereof, to be disbursed only in accordance with the requirements of 1980 PA 87, as amended. BE IT FURTHER RESOLVED that the Board approves the Managing Director’s retention of the lawfirm of Potter DeAgostino O'Dea & Patterson to represent the Board in reference to the condemnation proceedings. MOTION CARRIED UNANIMOUSLY 10C. MOVED BY: WILSON WHEREAS, this Board has determined that it is necessary to acquire a certain highway easement and temporary easement in the Township of Orion, for public purposes in conjunction with the reconstruction, widening and improvement of Baldwin Road, Project No. 52021 which is under the jurisdiction of this Board; and WHEREAS, this Board has determined that it must take said lands, referred to as Parcel No. 48, whose known party in interest is The Revocable Living Trust of Marcella R. Bailey Dated April 25, 2003, without the consent of said party in interest; and WHEREAS, this Board is authorized to institute condemnation proceedings under 1966 PA 295, as amended, and 1980 PA 87, as amended, and to set the estimated just compensation for any lands taken for public purposes under the provisions of said Acts; and WHEREAS, this Board, under date of August 25, 2016, did set the estimated just compensation for the highway easement and temporary easement over Parcel No. 48 at $4,329.00; WHEREAS, 1980 PA 87, as amended, directs the depositing of the estimated just compensation set by this Board with the County Treasurer, who is to set said sum apart and securely hold it until further Order of the Oakland County Circuit Court. NOW, THEREFORE, BE IT RESOLVED that this Board does authorize the preparation of the necessary warrants in the sum of $4,329.00 payable to the County Treasurer, to be deposited in accordance with the terms of 1980 PA 87, as amended, said sum to be set apart and securely held by the County Treasurer until further Order of the Oakland County Circuit Court. BE IT FURTHER RESOLVED that the sum of $4,329.00 held on deposit by the County Treasurer is the estimated just compensation for Parcel No. 48, for The Revocable Living Trust of Marcella R. Bailey Dated April 25, 2003, being the known party in interest thereof, to be disbursed only in accordance with the requirements of 1980 PA 87, as amended. Board of Road Commissioners for the County of Oakland Page 6 September 22, 2016 BE IT FURTHER RESOLVED that the Board approves the Managing Director’s retention of Potter DeAgostino O'Dea & Patterson to represent the Board in reference to the condemnation proceedings. MOTION CARRIED UNANIMOUSLY 10D. MOVED BY: WILSON WHEREAS, this Board has determined that it is necessary to acquire a certain temporary easement in the Township of Orion, for public purposes in conjunction with the reconstruction, widening and improvement of Baldwin Road, Project No. 52021 which is under the jurisdiction of this Board; and WHEREAS, this Board has determined that it must take said lands, referred to as Parcel No. 63, whose known parties in interest are LRM Associates, LLC, and Alice M. Beckwith, Trustee of the Alice M. Beckwith Revocable Living Trust, Dated September 20, 2006 with without the consent of said parties in interest; and WHEREAS, this Board is authorized to institute condemnation proceedings under 1966 PA 295, as amended, and 1980 PA 87, as amended, and to set the estimated just compensation for any lands taken for public purposes under the provisions of said Acts; and WHEREAS, this Board, under date of August 25, 2016, did set the estimated just compensation for the temporary easement over Parcel No. 63 at $3,078.00; WHEREAS, 1980 PA 87, as amended, directs the depositing of the estimated just compensation set by this Board with the County Treasurer, who is to set said sum apart and securely hold it until further Order of the Oakland County Circuit Court. NOW, THEREFORE, BE IT RESOLVED that this Board does authorize the preparation of the necessary warrants in the sum of $3,078.00 payable to the County Treasurer, to be deposited in accordance with the terms of 1980 PA 87, as amended, said sum to be set apart and securely held by the County Treasurer until further Order of the Oakland County Circuit Court. BE IT FURTHER RESOLVED that the sum of $3,078.00 held on deposit by the County Treasurer is the estimated just compensation for Parcel No. 63, for LRM Associates, LLC, and Alice M. Beckwith, Trustee of the Alice M. Beckwith Revocable Living Trust, Dated September 20, 2006, being the known parties in interest thereof, to be disbursed only in accordance with the requirements of 1980 PA 87, as amended. BE IT FURTHER RESOLVED that the Board approves the Managing Director’s retention of the law firm of Secrest Wardle to represent the Board in reference to the condemnation proceedings. MOTION CARRIED UNANIMOUSLY 10E. MOVED BY: WILSON WHEREAS, this Board has determined that it is necessary to acquire a certain highway easement and temporary easement in the Township of Orion, for public purposes in conjunction with the reconstruction, widening and improvement of Baldwin Road, Project No. 52021 which is under the jurisdiction of this Board; and WHEREAS, this Board has determined that it must take said lands, referred to as Parcel No. 64, whose known parties in interest are Vacant Baldwin, LLC, and The Jack A. Patterson Revocable Living Trust, without the consent of said parties in interest; and WHEREAS, this Board is authorized to institute condemnation proceedings under 1966 PA 295, as amended, and 1980 PA 87, as amended, and to set the estimated just compensation for any lands taken for public purposes under the provisions of said Acts; and WHEREAS, this Board, under date of August 25, 2016, did set the estimated just compensation for the highway easement and temporary easement over Parcel No. 64 at $15,450.00; WHEREAS, 1980 PA 87, as amended, directs the depositing of the estimated just compensation set by this Board with the County Treasurer, who is to set said sum apart and securely hold it until further Order of the Oakland County Circuit Court. NOW, THEREFORE, BE IT RESOLVED that this Board does authorize the preparation of the necessary warrants in the sum of $15,450.00 payable to the County Treasurer, to be deposited in accordance with the terms of 1980 PA 87, as amended, said sum to be set apart and securely held by the County Treasurer until further Order of the Oakland County Circuit Court. BE IT FURTHER RESOLVED that the sum of $15,450.00 held on deposit by the County Treasurer is the estimated just compensation for Parcel No. 64, for Vacant Baldwin, LLC, The Jack A. Patterson Revocable Living Trust, being the known parties in interest thereof, to be disbursed only in accordance with the requirements of 1980 PA 87, as amended. BE IT FURTHER RESOLVED that the Board approves the Managing Director’s retention of Secrest Wardle to represent the Board in reference to the condemnation proceedings. MOTION CARRIED UNANIMOUSLY 10F. MOVED BY: WILSON WHEREAS, this Board has determined that it is necessary to acquire a certain highway easement and temporary grading easement in the Township of Orion, for public purposes in conjunction with the reconstruction, widening and improvement of Baldwin Road, Project No. 52021 which is under the jurisdiction of this Board; and Board of Road Commissioners for the County of Oakland Page 7 September 22, 2016 WHEREAS, this Board has determined that it must take said lands, referred to as Parcel No. 71, whose known parties in interest are Corky Land Holdings, L.L.C.; and JP Morgan Chase Bank, NA; without the consent of said parties in interest; and WHEREAS, this Board is authorized to institute condemnation proceedings under 1966 PA 295, as amended, and 1980 PA 87, as amended, and to set the estimated just compensation for any lands taken for public purposes under the provisions of said Acts; and WHEREAS, this Board, under date of August 11, 2016, did set the estimated just compensation for the highway easement and temporary grading easement over Parcel No. 71 at $6,120.00; WHEREAS, 1980 PA 87, as amended, directs the depositing of the estimated just compensation set by this Board with the County Treasurer, who is to set said sum apart and securely hold it until further Order of the Oakland County Circuit Court. NOW, THEREFORE, BE IT RESOLVED that this Board does authorize the preparation of the necessary warrants in the sum of $6,120.00 payable to the County Treasurer, to be deposited in accordance with the terms of 1980 PA 87, as amended, said sum to be set apart and securely held by the County Treasurer until further Order of the Oakland County Circuit Court. BE IT FURTHER RESOLVED that the sum of $6,120.00 held on deposit by the County Treasurer is the estimated just compensation for Parcel No. 71, for are Corky Land Holdings, L.L.C.; and JP Morgan Chase Bank, NA; being the known parties in interest thereof, to be disbursed only in accordance with the requirements of 1980 PA 87, as amended. BE IT FURTHER RESOLVED that the Board approves the Managing Director’s retention of Foster Swift Collins & Smith PC to represent the Board in reference to the condemnation proceedings. MOTION CARRIED UNANIMOUSLY 11A. MOVED BY: WILSON WHEREAS, E.R. Thomas Development, as developer of ASHTON PARK, a condominium project within Section 14, Commerce Township, wishes to dedicate the road within said condominium project as public; which road is more fully described in the records of the Board's Engineering Department; and WHEREAS, Commerce Township supports the request for public dedication of the road; and WHEREAS, the developer has requested "Concept" approval from this Board for acceptance of the subject road as part of the county road system; and WHEREAS, the Board's County Highway Engineer has reviewed this matter and recommends that such "Concept" approval be granted by the Board; and WHEREAS, in the Judgment of the Board acceptance of said road into the county road system, subject to the conditions set forth below, would be in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED that this Board grants "Concept" approval to accepting ASHTON PARK DRIVE in the ASHTON PARK condominium project, within Section 14, Commerce Township, into the county road system, subject to the following conditions: 1. That the plans and specifications for the construction of the required road and road drainage improvements shall be reviewed and approved by the Road Commission, prior to construction. 2. Preliminary plan and construction plan approvals confer upon the developer the conditional right that the general terms and conditions under which approval was granted will not be changed for a period of 2 years from date of approval. The 2-year period may be extended by the Road Commission. 3. That all such construction shall be in accordance with this Board's current standards and specifications for subdivision streets. 4. That the developer shall comply with all other requirements as outlined in the Board's published "Rules and Regulations for Street Development". 5. That the developer shall comply with all requirements as outlined in the Board's published "Permit Rules, Specifications and Guidelines" including obtaining driveway permits. Issuance of driveway permits does not indicate acceptance of the streets by the Board. 6. That the Road Commission shall have the right to perform material and construction inspection; and that inspection, administrative and signing costs incurred by the Road Commission, shall be paid by the developer, consistent with the relevant provisions of the Board's "Rules and Regulations for Street Development". 7. That, upon satisfactory completion of construction, the developer shall cause an acceptable Engineer's certificate to be submitted to the Road Commission. 8. That the developer shall submit a dedication or conveyance instrument acceptable to the Road Commission; together with satisfactory evidence (including a title policy commitment, if requested by the Road Commission) of the legal authority of the dedicator or grantor to dedicate or convey the subject road. Board of Road Commissioners for the County of Oakland Page 8 September 22, 2016 9. That the master deed and bylaws of said condominium project shall contain provisions establishing powers of the condominium association to sign petitions for, and to act on behalf of, all condominium co-owners in all statutory proceedings regarding special assessment improvements of the subject roads. 10. That the master deed and bylaws of said condominium shall provide easements for road storm drainage outside of the road right-of-way and specify provisions for maintenance of the drainage facilities therein in a form acceptable to both the Road Commission and Township. BE IT FURTHER RESOLVED that upon satisfactory compliance by the developer, with all of the above conditions, the Board will formally accept the subject road into the county road system and will thereafter provide routine maintenance. MOTION CARRIED UNANIMOUSLY 11B. MOVED BY: WILSON WHEREAS, Clay Development, LLC, as developer of HASENCLEVER FARMS, a condominium project within Section 32, Lyon Township, wishes to dedicate the roads within said condominium project as public; which roads are more fully described in the records of the Board's Engineering Department; and WHEREAS, Lyon Township supports the request for public dedication of the roads; and WHEREAS, the developer has requested "Concept" approval from this Board for acceptance of the subject roads as part of the county road system; and WHEREAS, the Board's County Highway Engineer has reviewed this matter and recommends that such "Concept" approval be granted by the Board; and WHEREAS, in the Judgment of the Board acceptance of said roads into the county road system, subject to the conditions set forth below, would be in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED that this Board grants "Concept" approval to accepting HASENCLEVER DRIVE, STEDMANN DRIVE, and GARY COURT in the HASENCELVER FARMS condominium project, within Section 32, Lyon Township, into the county road system, subject to the following conditions: 1. That the plans and specifications for the construction of the required road and road drainage improvements shall be reviewed and approved by the Road Commission, prior to construction. 2. Preliminary plan and construction plan approvals confer upon the developer the conditional right that the general terms and conditions under which approval was granted will not be changed for a period of 2 years from date of approval. The 2-year period may be extended by the Road Commission. 3. That all such construction shall be in accordance with this Board's current standards and specifications for subdivision streets. 4. That the developer shall comply with all other requirements as outlined in the Board's published "Rules and Regulations for Street Development". 5. That the developer shall comply with all requirements as outlined in the Board's published "Permit Rules, Specifications and Guidelines" including obtaining driveway permits. Issuance of driveway permits does not indicate acceptance of the streets by the Board. 6. That the Road Commission shall have the right to perform material and construction inspection; and that inspection, administrative and signing costs incurred by the Road Commission, shall be paid by the developer, consistent with the relevant provisions of the Board's "Rules and Regulations for Street Development". 7. That, upon satisfactory completion of construction, the developer shall cause an acceptable Engineer's certificate to be submitted to the Road Commission. 8. That the developer shall submit a dedication or conveyance instrument acceptable to the Road Commission; together with satisfactory evidence (including a title policy commitment, if requested by the Road Commission) of the legal authority of the dedicator or grantor to dedicate or convey the subject roads. 9. That the master deed and bylaws of said condominium project shall contain provisions establishing powers of the condominium association to sign petitions for, and to act on behalf of, all condominium co-owners in all statutory proceedings regarding special assessment improvements of the subject roads. 10. That the master deed and bylaws of said condominium shall provide easements for road storm drainage outside of the road right-of-way and specify provisions for maintenance of the drainage facilities therein in a form acceptable to both the Road Commission and Township. BE IT FURTHER RESOLVED that upon satisfactory compliance by the developer, with all of the above conditions, the Board will formally accept the subject roads into the county road system and will thereafter provide routine maintenance. MOTION CARRIED UNANIMOUSLY Board of Road Commissioners for the County of Oakland Page 9 September 22, 2016 12A. MOVED BY: WILSON WHEREAS, Dutton Road East of Lapeer Road (M-24) in the Township of Orion, is under the jurisdiction of this Board; and WHEREAS, the Board was requested to temporarily close Dutton Road East of Lapeer Road (M-24) in order to facilitate road/intersection paving, as part of an MDOT project on Lapeer Road (M-24); and WHEREAS, due to scheduling restrictions, the County Highway Engineer has authorized the closure of Dutton Road East of Lapeer Road (M-24) on September 10, 2016; and WHEREAS, 1917 PA 165, as amended, authorizes this Board to close roads or portions of roads under the jurisdiction of this Board, which roads and portions of roads are under repair; and WHEREAS, no County road under the jurisdiction and control of this Board shall be closed under the provisions of said Act until suitable barriers have been erected at the ends of the County road under repair, or the closed portion thereof, suitable barriers being those which conform to the Manual of Uniform Traffic Control Devices, adopted pursuant to Section 608 of 1949 PA 300; and WHEREAS, no County road under the jurisdiction and control of this Board shall be closed under the provisions of 1917 PA 165, as amended, until a suitable detour around said County road is provided and placed in a reasonably safe condition for the passage of traffic, and proper warning signs are installed along said detour as is determined to be necessary to plainly mark the same; and NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of 1917 PA 165, as amended, Dutton Road East of Lapeer Road (M-24) in the Township of Orion will hereby be closed on September 10, 2016. BE IT FURTHER RESOLVED, that this Board ratifies the action of the County Highway Engineer in authorizing the physical closing of Dutton Road East of Lapeer Road (M-24) in the Township of Orion. BE IT FURTHER RESOLVED, that a detour is hereby established; such detour route for eastbound traffic is Lapeer Road (M-24) to Silver Bell Road to Squirrel Road to Dutton Road. The detour route for westbound Traffic is Squirrel Road to Silver Bell Road to Giddings Road to Dutton Road of which Silver Bell Road, Squirrel Road, Giddings Road and Dutton Road of which are under the jurisdiction of this Board. The Michigan Department of Transportation has approved the use of Lapeer Road (M-24) for the proposed detour. BE IT FURTHER RESOLVED, that Dan’s Excavating, Inc. is hereby directed to supply, install, maintain and remove suitable barriers, signs and lighting in accordance with the detour plans supplied by Dan’s Excavating, Inc. and with the provisions of the aforesaid statute. The contractor is also directed to provide additional signs as may be required by the Board. MOTION CARRIED UNANIMOUSLY 12B. MOVED BY: WILSON WHEREAS, Walton Boulevard between Waltonshire Court and Adams Road, Avon Road between Old Perch Road and Wexford Way, Tienken Road between Brewster Road and Grandview Drive, and Adams Road between Avon Road and Dutton Road, Hereafter referred to as “County Roads within the Brooksie Way Half-Marathon Route” in the City of Rochester Hills, are under the jurisdiction of this Board; and WHEREAS, the Board has been requested to temporarily close County Roads within the Brooksie Way Half - Marathon Route in order to facilitate The Brooksie Way Half-Marathon; and WHEREAS, 1917 PA 165, as amended, authorizes this Board to close roads or portions of roads under the jurisdiction of this Board, which roads and portions of roads are under repair; and WHEREAS, no County road under the jurisdiction and control of this Board shall be closed under the provisions of said Act until suitable barriers have been erected at the ends of the County road under repair, or the closed portion thereof, suitable barriers being those which conform to the Manual of Uniform Traffic Control Devices, adopted pursuant to Section 608 of 1949 PA 300; and WHEREAS, no County road under the jurisdiction and control of this Board shall be closed under the provisions of 1917 PA 165, as amended, until a suitable detour around said County road is provided and placed in a reasonably safe condition for the passage of traffic, and proper warning signs are installed along said detour as is determined to be necessary to plainly mark the same; and NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of 1917 PA 165, as amended, County Roads within the Brooksie Way Half-Marathon Route in the City of Rochester Hills will hereby be closed on September 25, 2016. BE IT FURTHER RESOLVED, Traffic will be detoured by Law Enforcement on site during race. BE IT FURTHER RESOLVED, that City of Rochester Hills is hereby directed to supply, install, maintain and remove suitable barriers, signs and lighting in accordance with the detour plans supplied by City of Rochester Hills and with the provisions of the aforesaid statute. The contractor is also directed to provide additional signs as may be required by the Board. MOTION CARRIED UNANIMOUSLY Board of Road Commissioners for the County of Oakland 2016 Page 10 September 22, 12C. MOVED BY: WILSON WHEREAS, Pontiac Trail, in the Charter Township of Lyon is under the jurisdiction of this Board; and WHEREAS, Pontiac Trail Over Davis Creek is to be improved, which improvement will necessitate the temporary closure of Pontiac Trail just North of 11 Mile Road, located in the Charter Township of Lyon, Oakland County, Michigan; and WHEREAS, 1917 PA 165, as amended, authorizes this Board to close roads or portions of roads under the jurisdiction of this Board, which roads and portions of roads are under repair; and WHEREAS, no county road under the jurisdiction and control of this Board shall be closed under the provisions of said Act until suitable barriers have been erected at the ends of the county road under repair, or the closed portion thereof, suitable barriers being those which conform to the Manual of Uniform Traffic Control Devices, adopted pursuant to Section 608 of 1949 PA 300; and WHEREAS, no county road under the jurisdiction and control of this Board shall be closed under the provisions of 1917 PA 165, as amended, until a suitable detour around said county road is provided and placed in a reasonably safe condition for the passage of traffic, and proper warning signs are installed along said detour as is determined to be necessary to plainly mark the same; and NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of 1917 PA 165, as amended, Pontiac Trail Over Davis Creek, located in the Charter Township of Lyon, Oakland County, Michigan, will hereby be closed from approximately September 29, 2016 until approximately November 4, 2016. BE IT FURTHER RESOLVED, that a detour is hereby established; such detour route being 11 Mile Road to Milford Road to Pontiac Trail. These roads are under the jurisdiction of the Road Commission for Oakland County BE IT FURTHER RESOLVED, that the Traffic Safety Department, is hereby directed to have erected suitable barriers and signing in reference to the above described road closure and detour, such barriers and signing to be erected in accordance with the provisions of the aforesaid statute. MOTION CARRIED UNANIMOUSLY 12D. MOVED BY: WILSON WHEREAS, Cass Lake Road between Cass Lake Front Street and Stapleton Drive in the City of Keego Harbor, is under the jurisdiction of this Board; and WHEREAS, the Board has been requested to temporarily close Cass Lake Road between Cass Lake Front Street and Stapleton Drive in order to facilitate installation of a Pedestrian Bridge; and WHEREAS, 1917 PA 165, as amended, authorizes this Board to close roads or portions of roads under the jurisdiction of this Board, which roads and portions of roads are under repair; and WHEREAS, no County road under the jurisdiction and control of this Board shall be closed under the provisions of said Act until suitable barriers have been erected at the ends of the County road under repair, or the closed portion thereof, suitable barriers being those which conform to the Manual of Uniform Traffic Control Devices, adopted pursuant to Section 608 of 1949 PA 300; and WHEREAS, no County road under the jurisdiction and control of this Board shall be closed under the provisions of 1917 PA 165, as amended, until a suitable detour around said County road is provided and placed in a reasonably safe condition for the passage of traffic, and proper warning signs are installed along said detour as is determined to be necessary to plainly mark the same; and NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of 1917 PA 165, as amended, Cass Lake Road between Cass Lake Front Street and Stapleton Drive in the City of Keego Harbor will hereby be closed from October 3, 2016 through October 21, 2016. BE IT FURTHER RESOLVED, that a detour is hereby established; such detour route being Orchard Lake Road to Telegraph Road (US-24) to Highland Road (M-59) to Elizabeth Lake Road, of which Orchard Lake Road and Elizabeth Lake Road are under the jurisdiction of this Board. The Michigan Department of Transportation has approved the use of Telegraph Road (US24) and Highland Road (M-59) for the proposed detour. BE IT FURTHER RESOLVED, that Braun Construction Group is hereby directed to supply, install, maintain, and remove suitable barriers, signs and lighting in accordance with the detour plans supplied by Braun Construction Group and with the provisions of the aforesaid statute. The contractor is also directed to provide additional signs as may be required by the Board. MOTION CARRIED UNANIMOUSLY 12E. MOVED BY: WILSON WHEREAS, Big Beaver Road between Livernois Road and Rochester Road and Livernois Road between Big Beaver and Wattles Road in the City of Troy, are under the jurisdiction of this Board; and Board of Road Commissioners for the County of Oakland 2016 Page 11 September 22, WHEREAS, the Board has been requested to temporarily close Big Beaver Road between Livernois Road and Rochester Road and Livernois Road between Big Beaver and Wattles Road in order to facilitate Frightful 5K Fun Run; and WHEREAS, 1917 PA 165, as amended, authorizes this Board to close roads or portions of roads under the jurisdiction of this Board, which roads and portions of roads are under repair; and WHEREAS, no County road under the jurisdiction and control of this Board shall be closed under the provisions of said Act until suitable barriers have been erected at the ends of the County road under repair, or the closed portion thereof, suitable barriers being those which conform to the Manual of Uniform Traffic Control Devices, adopted pursuant to Section 608 of 1949 PA 300; and WHEREAS, no County road under the jurisdiction and control of this Board shall be closed under the provisions of 1917 PA 165, as amended, until a suitable detour around said County road is provided and placed in a reasonably safe condition for the passage of traffic, and proper warning signs are installed along said detour as is determined to be necessary to plainly mark the same; and NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of 1917 PA 165, as amended, Big Beaver Road between Livernois Road and Rochester Road and Livernois Road between Big Beaver Road and Wattles Road in the City of Troy will hereby be closed on October 23, 2016. BE IT FURTHER RESOLVED, Traffic will be detoured by Law Enforcement on site during race. BE IT FURTHER RESOLVED, that City of Troy is hereby directed to supply, install, maintain and remove suitable barriers, signs and lighting in accordance with the detour plans supplied by City of Troy and with the provisions of the aforesaid statute. The contractor is also directed to provide additional signs as may be required by the Board. MOTION CARRIED UNANIMOUSLY 13. MOVED BY: WILSON WHEREAS, the Michigan Department of Transportation administers the Transportation Economic Development Fund Category "A" program to promote increased economic potential and improve the quality of life through support of job creation and retention in Michigan; and WHEREAS, eligible recipients include all county road commissions in the State of Michigan; and WHEREAS, Magna International Incorporated intends to produce underbody structural components to the automobile industry worldwide in a new 156,000 square foot manufacturing facility in the Charter Township of Lyon and will create 250 new jobs in the next 2 years; and WHEREAS, the reconstruction and widening of the South Hill Road at Grand River Avenue intersection for a future traffic signal and the construction of acceleration and deceleration lanes on Grand River Avenue at Magna International in the Charter Township of Lyon in Oakland County Michigan will provide for improved and safer traffic operations; and WHEREAS, the Board of County Road Commissioners for Oakland County, Michigan has reviewed the application for funding for the above described project; and WHEREAS, the Board of County Road Commissioners for Oakland County, Michigan will serve as lead agency, issue construction permits for work in the road right-of-way, coordinate the design of the project and provide staff to inspect and administer the construction activities; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Road Commissioners for Oakland County, Michigan actively seeks Transportation Economic Development Fund - Category "A" funds for the reconstruction and widening of South Hill Road at Grand River Avenue and the construction of acceleration and deceleration lanes on Grand River Avenue at MAGNA International in the Charter Township of Lyon and hereby directs that the application for funding be submitted to the Michigan Department of Transportation, Office of Economic Development. MOTION CARRIED UNANIMOUSLY 14. MOVED BY: WILSON THAT the Board accept the Fiscal Year 2017 Budget Hearing Report as submitted by the Planning and Environmental Concerns Department. MOTION CARRIED UNANIMOUSLY 15A. MOVED BY: WILSON RESOLVED, that the revenue of the Road Commission for Oakland County Road Fund for Fiscal Year ending September 30, 2017 is estimated to be $126,135,700 plus $3,000,000 appropriation of fund balance. This amount is hereby budgeted and appropriated for Fiscal Year 2016/17 in the amount of $129,135,700 to service the Operating, Road Improvement Program, and Traffic Signal Projects expenditures of the Road Commission for Oakland County. Board of Road Commissioners for the County of Oakland 2016 Page 12 September 22, Revenue Fuel and Vehicle Taxes Other Federal & State Revenue Revenue from Local Government Fees and Other Revenue Total Revenue Appropriation from Fund Balance Total Revenue & Appropriation from Fund Balance 2016/17 Fiscal Year Expenditure Appropriation $78,171,200 35,350,000 10,482,500 2,132,000 $126,135,700 3,000,000 $129,135,700 FURTHER RESOLVED, that $126,135,700 of anticipated revenue and $3,000,000 of Fund Balance are hereby appropriated for the following purposes: 2016/17 Fiscal Year Expenditure Appropriation $143,428 805,238 1,023,921 979,869 580,719 1,324,959 10,611,823 4,522,888 Operating Expenditures Board of Road Commissioners Managing Director Customer Services Finance Legal Human Resources Central Operations Engineering Planning & Environmental Concerns Traffic-Safety Highway Maintenance Non-Departmental Total Operating Expenditures Road Improvement Program Traffic Signal Projects Total Expenditures 1,371,855 11,191,708 29,559,738 25,794,554 $87,910,700 38,300,000 2,925,000 $129,135,700 The budget appropriation for the Road Improvement Program for Fiscal Year ending September 30, 2017 is as follows: 2016/17 Road Improvement Program Widenings Safety Road Widenings Safety Intersections Preservation Overlay Major Resurfacing-RRR Bridge Maintenance and/or Replacement Culverts Paved Gravel Roads Tri-Party Other Subtotal 2016/17 Completion of 2015/16 Projects in Progress Road Widenings Prior Years Contractor Payments Subtotal Total 2016/17 Road Improvement Program Budget Appropriation 14,000,000 450,000 300,000 500,000 $6,245,000 1,430,000 2,660,000 2,200,000 5,200,000 385,000 $33,550,000 2016/17 Road Improvement Program 15,525,000 450,000 300,000 600,000 $7,150,000 1,550,000 3,010,000 2,500,000 6,000,000 415,000 $37,500,000 $3,000,000 1,750,000 $4,750,000 $3,000,000 1,750,000 $4,750,000 $38,300,000 $42,250,000 FURTHER RESOLVED, that no department, division, district, employee or official shall expend any funds or obligate the expenditure of any funds except pursuant to appropriations made by the Board of County Road Commissioners. Changes in the amounts appropriated by the Board shall require approval by the Board of County Road Commissioners. FURTHER RESOLVED, that Budget Exhibits A-1 through A-7 of the 2016/17 Budget document are hereby adopted. Transfer of appropriations from one object of expenditure to another, within a department, may be made upon the written authorization of the Managing Director; however, no transfers shall be made between departments without approval by the Board of County Road Commissioners. Board of Road Commissioners for the County of Oakland 2016 Page 13 September 22, FURTHER RESOLVED, that the number of authorized positions (Budget Exhibit A-7) shall not be changed without approval by the Board of County Road Commissioners. New employees may be hired to fill vacant budgeted positions in lesser paid classifications upon written authorization by the Managing Director. BE IT FURTHER RESOLVED, that the amount appropriated for overtime and seasonal salaries (Budget Exhibit A-5) may not be changed without approval by the Board of County Road Commissioners. BE IT FURTHER RESOLVED, that the amount and quantities appropriated for capital outlay (See Detail of Capital Outlay) may not be changed without approval by the Board of County Road Commissioners. BE IT FURTHER RESOLVED, that the Managing Director is hereby charged with general supervision of the execution of the Budget adopted by the Board and shall hold the department directors responsible for performance of their responsibilities within the amounts appropriated by the Board of County Road Commissioners. MOTION CARRIED UNANIMOUSLY 15B. MOVED BY: WILSON RESOLVED, that the total revenue for the Road Commission for Oakland County Special Assessment Fund for Fiscal Year ending September 30, 2017 is estimated to be $8,475,000. This amount is hereby budgeted and appropriated for the fiscal year 2016/17 to service the Special Assessment Fund expenditures of the Road Commission for Oakland County. 2016/17 Fiscal Year Revenue Appropriation Revenue Revenue from Special Assessment Rolls Road Fund Contributions Net Underassessment Interest on Assessment Rolls Interest on Investments Proceeds from Note Issue Total Revenue $3,200,000 25,000 200,000 50,000 5,000,000 $8,475,000 FURTHER RESOLVED, that the $8,475,000 of anticipated revenue is hereby appropriated for the following purposes: Operating Expenditures 2016/17 Fiscal Year Expenditure Appropriation Contractor Payments Engineering and Administration Principal Payment on Debt Interest on Debt Refund of Overassessments to Participants (net) Note Payment Fees and Issue Costs Total Expenditures Appropriation to Fund Balance Total Expenditures & Appropriation to Fund Balance $4,200,000 600,000 1,000,000 103,333 50,000 1,000 $5,954,333 2,520,667 $8,475,000 MOTION CARRIED UNANIMOUSLY 16A. MOVED BY: WILSON THAT the Board approve the request for Appropriation Transfer No. 16-31 in the amount of $28,116,916 to adjust and decrease the Road Improvement Program (RIP) project group expenditures and revenues for work on those projects that will not be completed in FY 15/16 and will be re-budgeted into FY16/17 from FY2016 Road Improvement Program to FY2017 Road Improvement Program. MOTION CARRIED UNANIMOUSLY 16B. MOVED BY: WILSON THAT the Board approve the request for Appropriation Transfer No. 16-32 in the amount of $4,325,471 to adjust the Signal Project budgets for expected activity in fiscal year 2015/16 and to reduce portion of budget not to occur until fiscal year 2016/17 from Traffic-Safety Department FY2016 signal revenue accounts to Traffic-Safety Department FY2017 signal expenditure accounts. MOTION CARRIED UNANIMOUSLY Board of Road Commissioners for the County of Oakland 2016 Page 14 September 22, 16C. MOVED BY: WILSON THAT the Board approve the request for Appropriation Transfer No. 16-40 in the amount of $1,000,000 to increase revenue and expenditures for the SAD fund and SAD project group to reflect expected activity by year-end from SAD-Fund Balance, SAD Projects-Revenue to SAD Fund-Contractor Payments, SAD Projects-Expenditures. MOTION CARRIED UNANIMOUSLY 16D. MOVED BY: WILSON THAT the Board approve the request for Appropriation Transfer No. 16-41 in the amount of $75,000 to fund the part-time seasonal workforces through FY2016 from Human Resources-Other Account to Human Resources-Seasonal Account. MOTION CARRIED UNANIMOUSLY 16E. MOVED BY: WILSON THAT the Board approve the request for Appropriation Transfer No. 16-42 in the amount of $496,823 to fund Highway Maintenance Department year-end balancing from Highway Maintenance Work Order Revenue to Contracted Services Account – contract gravel. MOTION CARRIED UNANIMOUSLY 17. MOVED BY: WILSON THAT bids were advertised for, opened and read on Tuesday, September 6, 2016 for Hydraulic Excavator, IFB No. 8880-OQ. A complete tabulation of bids exported from Bid Express shall remain on file in the Clerk’s Office of the Road Commission. Bids were solicited from several suppliers with one response(s) received. THE Board accept and award the bid to the sole bidder meeting specifications from AIS Construction Equipment Corporation, New Hudson, MI with a total net bid price of $402,706.26, with terms of Net 30 days, FOB delivered; and the Board authorize the Managing Director to act on behalf of the Board. MOTION CARRIED UNANIMOUSLY 18. MOVED BY: WILSON THAT the Board approve the purchase of two hydraulic mini excavators with transport trailers utilizing the State of Michigan MiDeal Contract No. 071B130016 and 071B130081 from AIS Construction Equipment Corporation/JDE Equipment Company, New Hudson, MI in the amount of $351,818. MOTION CARRIED UNANIMOUSLY 19A. MOVED BY: WILSON WHEREAS, under the provisions of Chapter VI of Act No. 300, Public Acts of Michigan of 1949, as amended (Michigan Vehicle Code), this Board is authorized to place and maintain traffic control devices and traffic control signals on any highway under its jurisdiction for the purpose of regulating, warning or guiding traffic; and WHEREAS, Dequindre Road in the City of Rochester Hills is a county road under the jurisdiction of this Board and, in the interest of public safety it is deemed necessary to place and maintain certain traffic control devices and/or signals on said highway to regulate, warn or guide traffic. NOW, THEREFORE BE IT RESOLVED, that at the intersection of Dequindre Road and West Utica Road/Melville Drive, a traffic signal shall be installed and operated in accordance with the Board’s Policy as directed by the Director of Traffic-Safety. BE IT FURTHER RESOLVED, that a certified copy hereof be filed with the County Clerk of the County of Oakland, Michigan. MOTION CARRIED UNANIMOUSLY 19B. MOVED BY: WILSON WHEREAS, under the provisions of Chapter VI of Act No. 300, Public Acts of Michigan of 1949, as amended (Michigan Vehicle Code), this Board is authorized to place and maintain traffic control devices and traffic control signals on any highway under its jurisdiction for the purpose of regulating, warning or guiding traffic; and WHEREAS, Pontiac Trail and Marjorie Ann Street, in the City of South Lyon and in the Charter Township of Lyon are county roads under the jurisdiction of this Board and, in the interest of public safety it is deemed necessary to place and maintain certain traffic control devices and/or signals on said highways to regulate, warn or guide traffic. NOW, THEREFORE BE IT RESOLVED, that at the intersection of Pontiac Trail and Marjorie Ann Street in the City of South Lyon and the Charter Township of Lyon, a traffic signal shall be installed and operated in accordance with the Board’s Policy as directed by the Director of Traffic-Safety. Board of Road Commissioners for the County of Oakland 2016 Page 15 September 22, BE IT FURTHER RESOLVED, that a certified copy hereof be filed with the County Clerk of the County of Oakland, Michigan. MOTION CARRIED UNANIMOUSLY 20A. MOVED BY: WILSON THAT the Board receive litigation from Brent David Sylva & St. John Macomb Hospital v Eugene E. Jones, Jr., Progressive Insurance, Road Commission for Oakland County and Michigan Department of Transportation; Date of Accident: May 27, 2015, Case No. 2016-151531-NI, and refer it to the Legal Department for defense. MOTION CARRIED UNANIMOUSLY 20B. MOVED BY: WILSON THAT the Board receive litigation from David Chiaravalli v City of Auburn Hills, Road Commission for Oakland County, Moceri Development Corporation and Parkways of Auburn Hills, LLC; Date of Accident: October 21, 2015, Case No. 2016-154164-NO, and refer it to the Legal Department for defense. MOTION CARRIED UNANIMOUSLY 21. There was no new business. 22. MOVED BY: WILSON To recess into closed-session for the purpose of an update from our legal department. ROLL CALL: Ayes: Fowkes, Wilson Nayes: None The Board went into closed session at 9:29 A.M. The Board returned to its regular meeting at 9:54 A.M. 23. THERE being no further business to come before the Board of Road Commissioners, Oakland County, Chairman Fowkes adjourned the meeting at 9:55 A.M. Shannon Miller, Deputy-Secretary/Clerk of the Board Board of Road Commissioners for the County of Oakland 2016 Page 16 September 22,
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