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HomeMy WebLinkAboutResolutions - 2001.11.29 - 26570& Buildino_Committee Planning & Building Committee Vote: MISCELLANEOUS RESOLUTION #01314 November 29, 2001 By: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: Department of Community and Economic Development - Approval of Brownfield Redevelopment Authority Bylaws TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: 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 interest 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 effected taxing jurisdictions had the right and opportunity to be heard at the public hearing on the establishment of the Authority; and WHEREAS on this date, pursuant to the Act and the Resolution of Intent, and in consideration of the public testimony provided at the public hearing, the Commission approved a resolution creating the Authority; and WHEREAS pursuant to the Act and the Resolution creating 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; and WHEREAS pursuant to the Act and Resolution creating the Authority, the Authority shall adopt bylaws and rules governing its procedures and the holding of its meetings. NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the members and terms for the Board appointments of the County Executive identified on the attached roster titled "Proposed Board Appointments". BE IT FURTHER RESOLVED the Oakland County Board of Commissioners approves the attached Bylaws - Oakland County - Brownfield Redevelopment Authority. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Motion carried unanimously on a roll call vote with Melton absent. BYLAWS OAKLAND COUNTY BROWNFIELD REDEVELOPMENT AUTHORITY ARTICLE I: Name and Address Name The name of the authority is the Oakland County Brownfield Redevelopment Authority (hereinafter referred to as the "Authority"). The address of the Authority is 1200 North Telegraph Road, Pontiac, Michigan 48341. ARTICLE II: Directors Section 1. Section 2. Section 3. General Powers: The business and affairs of the Authority shall be managed by its Board to the full extent provided by PA 381 of 1996 as amended (hereinafter referred to as the "Act"), or by these Bylaws. The Board shall possess all of the powers and authority provided by the Act, and any future amendments to the Act and these Bylaws. Board of Directors: The Board of Directors (hereinafter referred to as the "Board") of the Authority shall consist of nine (9) persons two (2) positions to be reserved for local elected officials or their designee, who shall be appointed by the County Executive with the advice and consent of the Oakland County Board of Commissioners ("BOC"). Each Director shall be assigned a term of office upon appointment in accordance with the Act. Replacement and Vacancies: Subsequent Directors shall be appointed in the same manner as original appointments at the expiration of each Director's term of office. A Director whose term of office has expired shall continue to hold office until his/her successor has been appointed. A Director may be reappointed to serve additional terms. If a vacancy is created by death or resignation, a successor shall be appointed by the County Executive with the advice and consent of the BOC within thirty (30) days, or as soon thereafter as possible, to hold office for the remainder of the term of office so vacated. Section 4. Removal: A Director may be removed from office in accordance with the Act for inefficiency, neglect of duty, or misconduct or malfeasance, by a majority vote of the BOC. Brownfield Redevelopment Authority Bylaws Page 2 Section 5. Section 6. Conflict of Interest: A Director who has a direct interest in any matter before the Authority shall disclose his/her interest prior to any discussion of that matter by the Authority, which disclosure shall become a part of the record of the Authority's official proceedings. The interested Director shall further refrain from participation in the Authority's action relating to the matter. Each Director, upon taking office and annually thereafter, shall acknowledge in writing that they have read and agree to abide by this section. Meetings: Meetings of the Board may be called by or at the request of the Chair of the Board, the Vice Chair of the Board or any two Directors. The meetings of the Board shall be public, and written notice of such meeting shall be provided to the public. The Board shall hold an annual meeting in the first calendar quarter of each year at which time officers of the Board shall be elected as provided in Article III, Section 2. Section 7. Notice: Notice of any meetings shall be given in accordance with the Open Meetings Act (Act No. 267 of the Public Acts of 1976). Section 8. Quorum: A majority of the members of the Board appointed and serving constitutes a quorum for the transaction of business at any meeting of the Board, provided, that a majority of the Board present may adjourn the meeting from time to time without further notice. The vote of the majority of the Directors present at a meeting when a quorum is present constitutes the action of the Board, unless the vote of a larger number is required by statute or these Bylaws. No grant or loan shall be contracted on behalf of the Authority and no evidence of indebtedness shall be issued in the name of the Authority unless authorized by a resolution of a majority of the Board then in office and approved by the BOC. Brownfield Redevelopment Authority Bylaws Page 3 Section 9. Not less than sixty days prior to the submittal of any proposed Brownfield redevelopment plan to the BOC pursuant to Section 14(a) of the Act, by resolution the Board shall appoint a committee for any such proposed plan to allow for input of the city, village or township involved. The committee shall consist of a minimum of one or more of the Directors of the Board, as well as one elected official, or his/her designee from the affected city, village, or township. The committee so appointed shall make recommendations to the Board, which shall include or address any changes to the Brownfield redevelopment plan sought by the city, village or township, as well as any other significant concerns or issues raised by the city, village or township. Section 10. Committees: The Board may, by resolution passed by a majority of the whole Board, designate one or more committees, each committee to consist of one or more of the Directors of the Authority. The Board may designate one or more Directors as alternate members of a committee, who may replace an absent or disqualified member at a meeting of the committee. In the absence or disqualification of a member of a committee, the members thereof present at a meeting and not disqualified from voting, whether or not they constitute a quorum, may unanimously appoint another member of the Board to act at the meeting in place of such an absent or disqualified member. A committee, and each member thereof, shall serve at the pleasure of the Board. Any committee so designated shall periodically prepare a report and recommendations with respect to the matters referred to it by the resolution of the Board. All such reports and recommendations shall be reviewed by the Board, and shall not be binding on the Board or considered Board action, unless and until such reports and/or recommendations are addressed pursuant to Article II Section 8. Brownfield Redevelopment Authority Bylaws Page 4 ARTICLE III: Officers Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Officers: The officers of the Authority shall be elected by the Authority Board and shall consist of a Chair and Vice Chair. No single officer shall execute, acknowledge, or verify an instrument if the instrument is required by law or Bylaws to be executed, acknowledged, or verified by two or more officers. Nomination, Election, and Term of Office: The officers of the Authority shall be elected by the Board at an annual meeting held during the first calendar quarter of each year. Candidates shall be nominated by the Board, and shall be Board members. The term of each office shall be for one (1) year. Each officer shall hold office until his/her successor is appointed. Vacancies: A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled at any meeting of the Board for the unexpired portion of the terms of such office. Chair and Vice Chair: The Chair shall be the presiding officer of the Authority, and may, from time to time, delegate all or any part of his/her duties to the Vice Chair. In the absence of the Chair, the Vice Chair shall preside at all meetings of the Board and shall perform all the duties of the office as provided by the Act or these Bylaws. The Chair may discuss and vote on all questions before the Authority except as noted in Article II, Section 5, Conflict of Interest. The Chair shall be an ex-officio member of all standing committees. Secretary/Treasurer: The County Clerk or designee shall serve as the Secretary to the Authority. The County Treasurer or designee shall serve as the Treasurer of the Authority. Neither the Clerk nor the Treasurer shall be members of the Board. Delegation of Duties of Offices: In the absence of any officer of the Authority the Board may delegate, from time to time and for such time as it may deem appropriate, the powers or duties, or any of them, of such officer to any other Director, provided a majority of the Board then in office concurs therein. Brownfield Redevelopment Authority Bylaws Page 5 ARTICLE IV: Contracts, Loans, Checks and Deposits Section 1. Section 2. Section 3. Section 4. Contracts: The Authority Board may authorize its Chair or Vice Chair, in the Chair's absence, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Authority, and such authorization may be general or confined to specific instances. Loans/Grants/Indebtedness: No grant or loan shall be contracted on behalf of the Authority and no evidence of indebtedness shall be issued in the name of the Authority unless authorized by a resolution passed by a majority of the Board and approved by the BOC. Such authorization may be general or confined to specific instances. Checks, Drafts, etc.: All checks, drafts, or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Authority, shall be authorized by the Chair, or Vice Chair, in the absence of the Chair. Deposits: All funds of the Authority not otherwise employed shall be invested in accordance with an investment policy to be adopted by the Board consistent with current County policy and the requirements of PA 20 of 1943. ARTICLE V: Fiscal Year The fiscal year of the Authority shall correspond at all times to the fiscal year of Oakland County. ARTICLE VI: Miscellaneous Section 1. Seal: The Board, upon finding it necessary, shall provide a corporate seal which shall be the official seal of the Authority. Section 2. Waiver of Notice: When the Board or any committee thereof may take action after notice to any person or after lapse of a prescribed period of time, the action may be taken without notice and without lapse of the period of time, if at any time before or after the action is completed the person entitled to notice or to participation in the action to be taken submits a signed waiver of such requirements. Brownfield Redevelopment Authority Bylaws Page 6 ARTICLE VII: Amendments These Bylaws may be altered, amended, or repealed by the affirmative vote of a majority of the Board then in office at any regular or special meeting called for that purpose subject to the approval of the Board of Commissioners. CERTIFICATION: I HEREBY CERTIFY that the above Bylaws were adopted the day of , 2001. Secretary C‘oiurtv ErcwrIfisici. Re.devocrnent Authority Proccseci BOd Ancointments As of 1116101 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) 358:2180 Fax: (248) 975-9555 Cell: Cell: E-mail: deticin@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: lerminlauxk@co.oakland.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 Ml 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.mi.us 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.mlus FOREGOING RESOLUTION /2/.!_r192. erson, County Executive ____--- PRO_ E T Date Resolution #01314 November 29, 2001 Moved by Palmer supported by Webster the resolution be adopted. AYES: Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Moffitt. (20) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. .'"REBY rooks 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 294h davobf November, 2001. G. William Caddell, County Clerk