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HomeMy WebLinkAboutResolutions - 1999.05.13 - 25794cQ„,,A0 May 13, 1999 REPORT (Misc. #99093) BY: GENERAL GOVERNMENT COMMITTEE -Shelley G. Taub, Chairperson RE: MR #99093 Environmental Infrastructure Fund Disbursement Policy To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee having reviewed the above mentioned resolution on May 3, 1999, recommends to the Oakland County Board of Commissioners the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE General Government Committee Vote: Motion carried on unanimous roll call vote with McPherson absent REPORT (Misc. #99093) May 13, 1999 BY: FINANCE COMMITTEE - SUE ANN DOUGLAS, CHAIR IN RE: MR #99093 - ENVIRONMENTAL INFRASTRUCTURE FUND DISBURSEMENT POLICY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution on May 6, 1999, reports with the recommendation that the resolution be adopted with an amendment to the BE IT FURTHER RESOLVED paragraph, enumerated item 14), to strike the word "Annual" from the paragraph as shown. 14) Annual Environmental Infrastructure Fund appropriation decisions shall be made by the Board of Commissioners based upon the best interests of the County and the needs of its citizens. The Board of Commissioners expressly reserves the right to terminate the Environmental Infrastructure Fund project at any time they, in their sole discretion, believe it to be in the best interest of the County at large. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing Report. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #99093 BY: Nancy Dingeldey, District #11; John P. McCulloch, District #22 IN RE: ENVIRONMENTAL INFRASTRUCTURE FUND DISBURSEMENT POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has experienced tremendous growth in industrial, commercial and residential development; and WHEREAS the population in Oakland County has increased from 396,000 in 1950 to 1.2 million in 1998; and WHEREAS this development within Oakland County has stressed drain and sewer capacities creating potentially hazardous conditions affecting public health and the environment; and WHEREAS Oakland County will continue to work with the Federal and State of Michigan governments to increase the share of dollars flowing into infrastructure projects for the County and its cities, villages and townships (CVTs); and WHEREAS the National Association of Counties estimates that nationally, CVTs will be required to spend $138 billion over the next 20 years to comply with Federal mandates involving clean water and storm water safety requirements; and WHEREAS the County of Oakland has indicated its intent to transfer $5.0 million annually for five years from the County's Delinquent Tax Revolving Fund into an Environmental Infrastructure Fund to assist CVTs in addressing clean water and storm water needs; and WHEREAS the portion of the annual Environmental Infrastructure Fund appropriation available upon proper application to each Oakland County CVT has been established by formula set forth in the 1999 General Appropriations Act adopted by the Board of Commissioners; NOW THEREFORE BE IT RESOLVED that CVT project expenses eligible for reimbursement from the Environmental Infrastructure Fund are limited to those CVT expenses that the County is authorized by law to financially support and are limited to expenses incurred in connection with environmental remediations or improvements relating to ground and/or surface water, water supply, sewer and/or drainage systems. Additionally, water pollution control efforts incurred as part of CVT road projects shall be eligible for reimbursement as provided herein. BE IT FURTHER RESOLVED that the following process shall be followed in seeking reimbursement: 1) The Environmental Infrastructure Fund established by the Board of Commissioners shall be maintained by the Department of Management & Budget, Fiscal Services Division as a separate fund to be utilized to help protect the health, safety and welfare of the People of Oakland County. 2) Each CVT shall submit project expense reimbursement requests to the Fiscal Services Division, which shall be reported to the Board of Commissioners. Requests shall state the project purpose and scope, estimated costs, including any support detail, to insure compliance with policies established for fund disbursements. 3) In order to secure an Environmental Infrastructure Fund funding commitment at the outset of a project (pre-project authorization), a CVT may, utilizing the procedures set forth herein, request reimbursement authorization prior to project completion with the understanding that the actual disbursement of funds shall not occur until after a CVT demonstrates that it has actually incurred the expenses eligible for reimbursement under this resolution. 4) The Fiscal Services Division shall maintain accounts within the Environmental Infrastructure Fund for each Oakland County CVT. Utilizing the appropriate formula adopted by the Board of Commissioners, the accounts shall reflect the amount of the total annual Environmental Infrastructure Fund appropriation(s) apportioned to each CVT, less any authorized disbursements. At least annually, the Fiscal Services Division shall report the status of the Environmental Infrastructure Fund to the Board of Commissioners. 5) Each CVT request for reimbursement of eligible expenses shall be accompanied by a resolution authorizing the reimbursement request adopted by the CVT's legislative board or council. 6) CVT's shall direct all requests for reimbursement of amounts expended or to be expended by the CVT in connection with project expenses eligible for reimbursement to the Fiscal Services Division. 7) The Fiscal Services Division shall notify the County Commissioner(s) representing a CVT of receipt of the reimbursement request. Fiscal Services shall process the reimbursement request and recommend to the General Government and Finance Committees of the Board of Commissioners the approval of a disbursement request that is supported by an existing Board of Commissioner appropriation and meets the requirements of law and this resolution. 8) In addition to providing a copy of the governing body's adopted resolution authorizing the reimbursement request, CVT's shall support their reimbursement request by providing Fiscal Services with documentation sufficient to allow the Division to ascertain that the reimbursement requested complies with Board of Commissioner approved policies for the Environmental Infrastructure Fund and is otherwise authorized by law. 9) Recognizing that Michigan law imposes differing voting requirements for authorizing County financial participation in projects eligible for reimbursement under this resolution, no CVT shall receive any disbursement from the Environmental Infrastructure Fund until their authorized request has been approved for disbursement by the Board of Commissioners, via a resolution sponsored by the Commissioner(s) representing the CVT and adopted by the affirmative voting margin required by law. 6 Naptcy Dingeldey', District #11 10) The Environmental Infrastructure Fund shall not be used for CVT bonding. 11) All undisbursed Environmental Infrastructure Fund amounts apportioned to a particular CVT shall be carried forward into the following fiscal year and shall remain available to the particular CVT upon proper application. It is the intent of the Board of Commissioners to appropriate Environmental Infrastructure Funds in fiscal years 1999-2000, 2000-2001, 2001-2002, 2002-2003 and 2003-2004. 12) Any undisbursed amount(s) remaining after the fiscal year 2004-2005 time period shall be returned to the Delinquent Tax Revolving Fund, except that reimbursements authorized under Section 3 above (pre-project authorization), by application filed not later than September 30, 2004, shall be maintained in the Environmental Infrastructure Fund until finally disbursed in accordance with the procedures set forth herein. 13) Prior to the time the full Board of Commissioners authorizes a particular disbursement as provided herein, nothing in this resolution creates or is intended to create any binding obligation or duty on behalf of the County to appropriate funds for the Environmental Infrastructure Fund in any fiscal year or creates or is intended to create any binding obligation or duty on behalf of the County to fund or participate in funding any particular CVT project. 14) Annual Environmental Infrastructure Fund appropriation decisions shall be made by the Board of Commissioners based upon the best interests of the County and the needs of its citizens. The Board of Commissioners expressly reserves the right to terminate the Environmental Infrastructure Fund project at any time they, in their sole discretion, believe it to be in the best interest of the County at large. Chairperson, I move the adoption of the foregoing resolution. John P. MqCul1od6, District #22 Resolution 499093 April 15, 1999 The Chairperson referred the resolution to the General Government and Finance Committees. There were no objections. Resolution #99093 May 13, 1999 Moved by Taub supported by Suarez the General Government Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Suarez the Finance Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Taub supported by Suarez the resolution be adopted. Moved by Taub supported by Suarez the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel, Causey-Mitchell. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. I HEREBY,AOACIfE.,1).T it FORE(nmin RPSOLUTION L. Brooks Pihttfii-o----n. County Executive Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 13, 1999 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 13*1 dam/tof May, 1999. G. William Caddell, County Clerk