HomeMy WebLinkAboutResolutions - 2001.11.29 - 26551FIN CE COMMITTEE
AP01._
FISCAL REPORT (M.R. #01283) November 8, 2001
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - RESOLUTION TO
ESTABLISH A BROWNFIELD REDEVELOPMENT AUTHORITY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed the above referenced
resolution reports as follows:
1. Public Act 381 of 1996, as amended, authorizes municipalities
to create Brownfield Redevelopment Authorities (BRA) to assist
in the development of Brownfield plans and promote the
revitalization of environmentally distressed areas.
2. The Oakland County Board of Commissioners, by resolution
adopted on October 25, 2001, determined that it is in the best
interest of Oakland County to provide for the operation of a
Brownfield Redevelopment Authority for Oakland County (the
"Authority" ), pursuant to the provisions of the Brownfield
Redevelopment Financing Act 381 of the Public Acts of the
State of Michigan of 1996, as amended.
3. The Authority will be under the supervision and control of a
board appointed by the Oakland County Executive and subject to
approval from the Oakland County Board of Commissioners.
4. A preliminary calendar is attached specifying the publication
of first and second notices of public hearings regarding the
creation of the Authority.
5. First and second notices of public hearings are required not
less than 20 days, or more than 40 days before the public
hearing date.
6. Establishing the Brownfield Redevelopment Authority has no
fiscal impact at this time.
Chairperson, on behalf of the Finance Committee, I move the acceptance
of the foregoing report.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
October 25, 2001
Miscellaneous Resolution #01283
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
RE: Department of Community and Economic Development — Resolution to Establish A
Brownfield Redevelopment Authority
WHEREAS, the Oakland County Board of Commissioners (the "Commission"),
by resolution adopted on November 29, 2001 (the "Resolution"), determined that it is in
the best interests of the public to facilitate the implementation of plans relating to the
identification and treatment of environmentally distressed areas to promote revitalization
of these areas in the County; and
WHEREAS, the Commission declared its intention to provide for the operation of
a Brownfield Redevelopment Authority for Oakland County (the "Authority") pursuant to
the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the
Public Acts of the State of Michigan of 1996, as amended (the "Act"); and
WHEREAS, on this date, pursuant to the Act and the Resolution of Intent, the
Commission held a public hearing, notice of which was given as required by Section 4(2)
of the Act, on the adoption of a resolution creating the Authority; and
WHEREAS, all citizens, taxpayers and property owners of Oakland County and
officials of the affected taxing jurisdictions had the right and opportunity to be heard at
the public hearing on the establishment of the Authority; and
WHEREAS, the Commission desires to proceed with the establishment of the
Authority pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Authority Created. The Authority is hereby established and shall be
known as the Oakland County Brownfield Redevelopment Authority.
2. Supervision of the Authority. The Authority shall be under the supervision
and control of a board (the "Board") appointed by the County Executive of Oakland
County and subject to the approval of the Commission in accordance with the
membership provisions set forth in Section 5(1) of the Act. The members of the Board
shall hold office, and the Board shall conduct its procedures in accordance with the Act.
3. Powers and Duties of the Authority. The Authority shall have the powers
and duties to the full extent as provided by law. Among other matters within the exercise
of its powers the Board shall prepare Brownfield plan(s) pursuant to Section 13 of the
Act and submit the plan(s) to the Commission for consideration pursuant to Section 14 of
the Act.
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Melton and Sever absent
4. Bylaws and Rules of the Authority. The Authority shall elect officers and
adopt bylaws and rules governing its procedures and the holding of its meetings, all in
accordance with Sections 5(3) and 5(5) of the Act.
5. Form of Approvals by the County Commission of Oakland County.
Except as may otherwise be provided by the Act or other applicable law, approvals by
the Commission of all matters pertaining to the Authority or its Board shall be by
resolution.
6. Severability. Should any section, clause or phrase of this Resolution be
declared by the courts to be invalid, the same shall not affect the validity of this
Resolution as a whole nor any part thereof other than the part so declared to be invalid.
7. Publication. The County Clerk is hereby directed to file a true and
complete copy of this Resolution with the Secretary of State of the State of Michigan
promptly after adoption and to take all other actions incident upon such adoption
pursuant to applicable charter or other provisions.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the
foregoing resolution.
Planning & Building Committee
PRELIMINARY CALENDAR
CREATION OF BROWNFIELD REDEVELOPMENT AUTHORITY
Revised October 9, 2001
DATE TASK
I. 9et 2 Recommend resolution of intent to create Authority and set public hearing date by P&B
Z. Oct 11 Adopt resolution of intent to create Authority and set public hearing date (November 29, 2001) by BoC
3. Oct 16 Reconunend resolution to create Authority by P&B
4. Nov 4 Publish first notice of public hearing (required not less than 20 nor more than 40 days before public hearing date)
5. Nov 6 Publish second notice of public hearing (required not less than 20 nor more than 40 days before public hearing date)
6. Nov 13 Reconunend adoption of bylaws and approval of appointments to Authority Board by P&B
7. Nov 29 Conduct public hearing regarding the creation of a Brownfield Redevelopment Authority by BoC
8. Nov 29 Adopt resolution to create Authority (required not more than 30 days after public hearing) by BoC
Adopt bylaws of Authority by BoC
Approve appointment of members of Authority Board by BoC
Prepared by: Martin J Seaman, Manager, Solid Waste Division
Caltlar Court Brok;91 4 Rsdev,9!ocirmarit Authority
Proccsed Board Apcointmonts,
As of 11/6101
Douglas M. Etkin (Three Year Term) Daniel P. Hunter (Two Year Term)
President Manager
Etkin Equities Planning & Economic Development Services
200 Franklin Center Oakland County
29100 Northwestern Highway 1200 N. Telegraph Road, EOB Dept. 412
Southfield MI 48034 Pontiac MI 48341-0412
Phone: (248) 358-0800 Phone: (248) 858-0764
Fax: (248) 3582180 Fax: (248) 975-9555
Cell: Cell:
E-mail: detkin@etkinlic.com E-mail: hunterd@co.oakland.mlus
Keith J. Lerminiaux (Two Year Term) Chairperson (One Year Term)
Deputy Corporation Counsel Board of Commissioners
Department of Corporation Counsel (or as assigned)
Oakland County Oakland County Board of Commissioners
1200 N. Telegraph Road, Dept. 419 - . County Service Center, Bldg. #12 East
Pontiac MI 48341-0419 1200 N. Telegraph Road
Phone: (248) 858-0557 Pontiac MI 48341
Fax: (248) 858-1003 Phone: (248) 858-0100
Cell: Fax:
E-mail: lerminiauxk@co.oakiand.mi.us Cell:
E-mail:
Martin J Seaman (Two Year Term) Doug Smith (Three Year Term)
Manager Director Real Estate Development
Solid Waste Management Planning City of Troy
Oakland County 500 W. Big Beaver Road'
1200 N. Telegraph Road, EOB Dept. 409 Troy MI 48084
Pontiac MI 48341-0409 Phone: (248) 524-3498
Phone: (248) 858-1352 Fax: (248) 526-5131
Fax: (248) 858-5111 Cell:
Cell: (248) 909-7512 E-mail: smith@ci.troy.mlus
E-mail: seamanm@co.oakland.mi.us
Douglas J. Williams (One Year Term) . .
Deputy County Executive • Oakland County .
1200. N. Telegraph Road, EOB Dept. 409
Pontiac MI 48341-0409
Phone: (248) 858-0497
Fax: (248) 452-9215
Cell:
E-mail: williamsd@co.oakiand.mi.us
Resolution #01283 October 25, 2001
The Chairperson referred the resolution to the Finance Committee.
There were no objections.
1E1;73E1 "3Y
Resolution #01283 November 29, 2001
Moved by Palmer supported by Obrecht the Finance Committee Fiscal
Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Palmer supported by Patterson the resolution be adopted.
AYES: Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub,
Webster, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson. (21)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was
adopted.
E RESOLUT FOREGOING ION
V/g/
Executive Date Brooks Patter-son. 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 November 29, 2001 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 29th da., of November, 2001.
Elliam Caddell, County Clerk