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HomeMy WebLinkAboutResolutions - 2002.05.16 - 26903May 2, 2002 MISCELANEOUS RESOLUTION # 02117 BY: PLANNING & BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: DRAIN COMMISSIONER - BUDGET AMENDMENT FOR WATER QUALITY STUDY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairman, Ladies and Gentlemen: WHEREAS the Oakland County Drain Commissioner is requesting approval for a study to participate with Macomb County and Army Corps of Engineers in developing a Water Quality Monitoring Strategic Plan for Lake St. Clair Watershed; and WHEREAS Section 401 of the Water Resources Development of 1990 (Public Law 101-640)as amended authorizes the Secretary of the Army to provide technical, planning and engineering assistance to states and local governments; and WHEREAS the Water Resources Development will assist in the development and implementation of Remedial Action Plans (RAP) for Areas of Concern (AOC) in the Great Lakes identified under the Great Lakes Water Quality Agreement of 1978; and WHEREAS the Act requires the non-Federal interests to contribute, in cash (contributed funds) or by providing in-kind contributions or services, thirty-five (35) percent of the cost of such assistance; and WHEREAS the St. Clair River, Michigan, has been identified as an area of concern under the Great Lakes Water Quality Agreement of 1978, which includes the Clinton River Watershed; and WHEREAS the expenditure for the study will be offset by reducing Operating Transfer Out within the Drain Commissioner Operating Budget; and WHEREAS Oakland County's cost to participate will be $4,500. NOW THEREFORE BE IT RESOLVED the Oakland County Drain Commissioner be authorized to participate in the Water Quality Study with Macomb County and the Army Corps of Engineers. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. and_BuillaTOCommittee Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Webster absent homes J. Otkofen,AV.P.H. Director /1-lalth OWer Singisrel mk cc: John C. Hertel Colette Luff Enclosure _ CLINIC SERVICES 469-5372 ENVIRONMENTAL HEALTH 469-5236 PERSONAL HEALTH SERVICES 469-5520 MACOMB COUNTY HEALTH DEPARTMENT 43525 ELIZABETH MOUNT CLEMENS, MICHIGAN 48043 (810) 469-5235 . • FAX (810) 469-5885 THOMAS J. KALKOFEN Director/Health Officer KEVIN P. LOKAR, M.D. Medical Director November 1, 2001 Mr. John McCullough Oakland County Drain Commission One Public Works Drive Waterford, MI 48328 Dear Mr. McCullough: In discussions you have indicated that Oakland County might participatein contributingTo the local cash funds necessary to match those of the Army Corps of Engineers to implement -the project to develop a water quality monitoring strategic plan for the Lake_St. Clair yVatershed,)-, I anticipate approval from the Macomb County Board of Commissioners in early November for the Health Department to serve as a fiduciary for the local funds. You can,,therefore, send me Oakland County's contribution at any time. The check can be made out to the Macomb County Health Department. It is our intent that the local funding be handled as a contractual item in the Project Budget so that accounting will be in the broad category of contractual expenditures. Enclosed is a copy of the Agreement with the Army Corps of Engineers including Exhibit A, Scope of Work for the Project. A cooperative intergovernmental effort relative to water quality and Lake St. Clair is a most exciting endeavor. I look forward to working with you. F-TECEWE D NOV 0 6 2001 OAKLAND COUNTY DRAIN ER 5 MACOMB BOARD OF COMMISSIONERS John C. Hertel Chairman Ralph A. Liberato Vice-Chairman Marvin E. Sauger Sergeant-At-Arms Ralph A. Liberato - District 1 Marvin E. Sauget' - District 2 Phillip A. DiMaria - District 3 Jonathan Lafferty - District 4 Joan Flynn - District 6 Sue Rocca - District 7 Diana J. Kolakowski - District 8 Robert Mijac - District 9 Ed Szczepanski - District 11 Peter J. Lund - District 12 Don Brown - District 13 John C. Hertel - District 14 Thomas C. Rombach - District 16 Bobby L. Hill - District 17 Michael C. Sessa - District 18 James M. Pema - District 19 Leonard Haggerty - District 21 Elizabeth M. Slinde - District 22 Robert M. Sawicki District 23 Roland R. Praschetti Distric, 24 IN REPLY REFER TO: a. DEPARTMENT OF THE ARMY DETROIT DISTRICT, CORPS OF ENGINEERS BOX 1027 DETROIT, MICHIGAN 48231-1027 AGREEMENT FOR TECHNICAL, PLANNING AND ENGINEERING ASSISTANCE Between U.S. ARMY CORPS of ENGINEERS - And MACOMB COUNTY HEALTH DEPARTMENT THIS AGREEMENT entered into by and between the United States Arrny Corps of Engineers (hereinafter called the "Government" or "USACE") represented by the Detroit District Commander executing this Agreement and the Macomb County Health Department (hereinafter called the "Sponsor"). WITNESSETH, that: WHEREAS, Section 401 of the Water Resources Development Act of 1990 (Public Law 101-640), as amended authorizes the Secretary of the Army to provide technical, planning and engineering assistance to States and local governments in the • development and implementation of Remedial Action Plans (RAP) fOr Areas of Concern (AOC) in the Great Lakes identified under the Great Lakes Water Quality Agreement of 1-978 and !requires the non-Federal interests to contribute, in cash (contributed funds) or by providing in-kind contributions or services, thirty-five (35) percent of the cost of such assistance; and WHEREAS, the Detroit River, Michigan,1 has been identified as an Area of Concern _ under the Great Lakes Water Quality Agreement of 1978, which includes the Detroit River watershed; WHEREAS, the St.Clair River, Michigan, has been identified as an Area of Concern, under the Great Lakes Water Quality Agreement of 1978, which includes the St. Clair River watershed; WHEREAS, thetop.Rier, Michigan, a major tributary of Lake St. Clair, has been identified as an Area of Concern under the Great Lakes Water Quality Agreement of 1978, which includes the Clinton River watershed. WHEREAS, four governmental agencies (U.S. Environmental Protection Agency, Michigan Department of Environmental Quality, Environment Canada, and Ontario Ministry of the Environment; herinafter called the "Four Agencies") responsible for . delisting the binational (Michigan-Ontario) Areas of Concern have formally agreed (Four Page 1 of 7 GLRAP Assistance, Letter of Agreement . D/10-24-01 Agency Agreement, attached as Exhibit B) to include Lake St. Clair within the existing framework of roles and responsibilities for the implementation of the Detroit River, St. Clair River, and St. Marys River shared RAPs. WHEREAS, the Four Agencies intend to address the environmental issues regarding Lake St. Clair in the context of the St. Clair River/Detroit River Corridor, rather than three discreet water bodies, when appropriate. WHEREAS, the Michigan Department of Environmental Quality has coordination responsibility for Remedial Action Plans(RAP) in the State of Michigan and has designated Macomb County Health Department (Sponsor) as a responsible entity in development and implementation of the RAPs in the St. Clair River to Detroit River AOC corridor, which includes Lake St. Clair and the Clinton River. . WHEREAS, the Sponsor has identified the need for technical, planning, and engineering assistance as described in the Scope of Work (_Exhibit A) attached to this Agreement The services would assist in developing and/or implementing the Remedial Action Plans for the St. Clair River to Detroit River AOC Corridor; WHEREAS, the Sponsor has the authority and capability to furnish the cash contribution hereinafter set forth and is willing to participate in the cost sharing and financing of the services to be provided in accordance with the terms of this Agreement; WHEREAS, the Sponsor is willing to deposit funds, in cash, in the amount of Twenty Thousand Five Hundred and Eighty-one dollars and Seventy-Five cents ($20,581.75), which is equal to thirty-five (35) percent of the preliminary cost estimate, for payment to the Government for its technical, planning and engineering assistance; and WHEREAS, the Government is authorized to accept and expend funds received from the Sponsor to assist in the development and implementation of the Remedial Action Plans for the St. Clair River to Detroit River AOC corridor. NOW THEREFORE, the parties agree as follow: ARTICLE I - DEFINITIONS •For the purpose of this Agreement: 1. The term "technical, planning and engineering assistance costs" shall mean any and all disbursements by the Government pursuant to this Agreement, whether from Federal appropriations or from funds made available to the Government by the Sponsor. Such costs shall include, but not be limited to: labor charges; direct costs; overhead expenses; s.upervision and administration costs; contracts with third parties, including termination or suspension charges; any termination or suspension charges; and any termination or suspension costs (ordinarily defined as those costs Page 2 of 7 GLRAP Assistance, Letter of Agreement D/10-24-01 necessary to terminate ongoing contracts or obligations and to properly safeguard the work already accomplished) associated with this Agreement. 2. The term "Scope of Work" or "SOW" shall refer to Exhibit A, which describes the activities associated with the technical, planning, and engineering assistance to be provided. 3. The term "Preliminary Cost Estimate and Cost apportionment" shall mean a preliminary estimate of costs and the estimated Federal and non-Federal share of costs for the technical, planning: and engineering assistance established by the Government for which cash payments are to be made to the Government. The preliminary cost estimate and cost apportionment may change subject to negotiations. All such payments shall be made by cashier or certified check made payable to "FAO, USAED, Detroit" prior to any work being performed under this agreement. The checks should be mailed to: U.S. Army Corps of Engineers, Detroit District ATTN: CELRE-PM-PL (C. Luff) P.O. Box 1027 Detroit, MI 48231-1 -027 ARTICLE II- OBLIGATIONS OF PARTIES 1. The Government, using Sponsor contributed and Congressionally appropriated funds, shall provide the required technical, planning, and engineering assistance, substantially in compliance with the SOW attached as Exhibit A and in conformity with applicable state and federal laws and regulations and mutually acceptable standard of engineering practice. 2. The Government and Sponsor shall contribute sixty-five (65) percent and thirty-five (35) percent of the total cost (in cash), respectively, of the technical, planning and engineering assistance as specified in Attachment I Of Exhibit A and set forth in the SOW (Exhibit A). Total cost of the assistance is currently estimated at $58,805.00 as specified in Attachment I to Exhibit A. 3. No Federal funds May be used to meet the local Sponsor's share of technical, planning and engineering assistance costs under this Agreement unless such Federal funds have been appropriated for such purpose and allocated for such technical, planning and engineering assistance. 4. The award and administration of any contract with a third party for services in furtherance of this Agreement, which obligates Federal appropriations, shall be exclusively within the control of the Government. Page 3 of 7 GLRAP Assistance, Letter of Agreement D/10-24-01 5. Before a party to this Agreement may bring suit in any court concerning any issues relating to this Agreement, such party must first seek in good faith to resolve the issue through negotiation or other form of nonbinding alternative dispute resolution mutually acceptable to the parties. The respective parties will bear their own costs. 6. At any time by mutual consent of the parties, this Agreement and/or SOW may be amended in writing and include signatures by the appropriate authorities of the respective parties. 7. This Agreement shall terminate at the completion of those technical, planning and engineering assistance activities identified in the SOW; or, this Agreement may be terminated before completion upon agreement of the respective parties. 8. If the parties agree to terminate before completion, the Government shall prepare a final accounting of the costs for technical, planning, and engineering assistance provided, which display: (1) costs -incurred by the Federal Government; (2) cash contributions by the Sponsor; and (3) disbursement by the Government of all funds. Subject to the availability of funds, Within thirty (30) days after the final accounting, the Goyemment shall reimburse the Sponsor for non-Federal cash contributions that exceed the Sponsor's required share of the total costs. Within thirty (30) days after the final accounting, the Sponsor shall provide the Government any cash contributions required to meet the Sponsor's required share of the total costs of the technical, planning, and engineering assistance provided, as provided in Article II, paragraph 2. 9. In the event that any (one or more) of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed. 10. This Agreement shall commence on the date the last signatory signs this Agreement (the "Commencement Date"). The parties having read and understood the foregoing terms of the Agreement, do by their respective signature dated below, hereby agree to the terms hereof. Page 4 of 7 1 GLRAP Assistance, Letter of Agreement - D/10-24-01 I • I A FOR THE U.S. ARMY CORPS OF ENGINEERS Richard J. Polo, Jr. Lieutenant Colonel, U.S. Army District Engineer - Date: Page 5 of 7 GLRAP Assistance, Letter of Agreement D/10-24-01 $ FOR THE MACOMB COUNTY HEALTH DEPARTMENT: Thomas J. Kalkofen Director/Health Officer Date: Page 6 of 7 GLRAP Assistance, Letter of Agreement D/10-24-01 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid . to any person for influencing or attempting to influence an officer or employee of any agency, a Member of congress; - an officer or employee of Congress ; or an employee of a .M.ember of Congress .in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned. shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. _ (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Thomas J. Kalkofen Director/Health Officer Macomb County Health Department Date: Page 7 of 7 GLRAP Assistance, Letter of Agreement D/10-24:01 10 I 0 EXHIBIT A SCOPE OF WORK TECHNICAL, PLANNING AND ENGINEERING ASSISTANCE Project Work Item (PWI) no: 053911 (Remedial Action Plans - Section 401) A. Purpose: This appendix describes the scope of technical, planning and engineering services to be performed by the Detroit District, U.S. Army Corps of Engineers (USACE), the Government, for the Macomb County Health Department (MCHD), the Sponsor. The services would be performed under the authority of Section 401 of the Water Resources Development Act 1990 (Public Law 101-640), as amended. The assistance is provided to support the Macomb County Health Department (MCHD), representing the interests of the Macomb-St. Clair Inter- • County Watershed Management Advisory Group (ICWMAG), in conducting a water quality monitoring assessment and developing a water quality monitoring strategy during_the. cplendar years,2001-2002. This assistance will aid in the development and/or implementation of the Remedial Action.Plan -(RAP) for the St. Ctair River to Detroit River Area of Concern (AOC) corridor, which includes the_St..Clait River AOC, Clinton River A0C-,-6Fid Lake St The goal of the project is to develop a water quality monitoring strategic plan for the Lake St. Clair watershed. The study area for this project' includes the U.S. portion of the watersheds draining to the St. Clair River and Lake St. Clair. This includes portions of Lapeer, Macomb, Oakland, Sanilac, St. Clair, and Wayne counties in Michigan. Information on monitoring within Canadian watersheds draining to these waterbodies will be included where possible. Achieving this goal will require the successful achievement of three objectives: 1. Develop a monitoring needs assessment. This has mostly been accomplished and will be completed outside the scope of this work plan by the Macomb-St. Clair Inter-County Watershed Management Advisory Group (ICWMAG). 2. Complete an inventory of water quality monitoring programs in the Lake St. Clair watershed. This will be the primary function of this project. 3. Develop a monitoring strategic plan. The plan will detail steps to integrate monitoring initiatives and fill in monitoring gaps. The plan will be • developed with guidance from the inter-county advisory group and will be implemented by the group members and their partners. B. Support Activities: The USACE will support the Macomb County Health Department by providing technical assistance as described below. All tasks needed to address the goal of the project are listed below. The tasks are numbered according to the objectives listed above. The assistance would be provided by the Detroit District, USACE, which may include affiliated research facilities, certified Page 1 of 5 GLRAP Assistance, Letter of Agreement, Exhibit A 0/10-24-2001 contractors, or other Corps Districts with expertise applicable to the requested assistance. The Detroit District, USACE would be responsible for the overall project management, including the integration of efforts to be conducted by USACE personnel and USACE contractors, and serve as the single point of contact for coordination of work efforts. 1. Develop a monitoring needs assessment. 1.1 Project Scopinq: Several tasks will be accomplished to initiate the project. 1.1.1 A technical advisory committee (TAC) will be formed with membership from relevant federal and state monitoring agencies, as well as staff from the impacted counties. The technical advisory committee membership will be developed in coordination with the ICWMAG. The TAC will provide advice - _ and input at eVetal UritiC81" junctures during development of the project. - 1.1.2 The TAC will provide the final needs assessment. It may be necessary to meet with the TAC to clarify monitoring needs as they relate to the monitoring inventory and strategic plan. 2. Complete a monitoring program inventory. 2.1 Inventory Design: A set of inventory elements will be developed based on the needs assessment. These will include specific pieces of metadata fields that will be collected for each monitoring program. With the assistance of the Technical Advisory Committee, a list of potential monitoring organizations in the region will be developed. Finally, a strategy will be developed to collect metadata about monitoring programs in the most complete and efficient manner. This likely will include a survey to be administered across multiple media. Most surveys will need to be conducted via phone or in-person interviews, while others may be able to be completed through the mail or electronic media. 2.2 Existing Data Collection: A general search to collect and assess the quality and suitability of data from existing monitoring inventory documents and other - sources will be conducted. Where possible, information from this search will be tailored to address the goals of this project. 2.3 Conduct Inventory: Data from existing inventories and other studies is not likely to completely address project needs. An inventory "survey" to fill in the knowledge gaps will be implemented. As noted above, the survey process will likely use a combination of techniques including phone or on-site interviews, mail surveys, electronic communication, as well as substantial Page 2 of 5 GLRAP Assistance, Letter of Agreement, Exhibit A D/10-24-2001 1 1' 1 follow-up research. The goal is to ensure the inventory is as accurate and comprehensive as possible with regard to individual monitoring programs as well as the region as a whole. 2.4 Design and Build Database: The inventory reporting and delivery mechanism will be developed concurrent with the implementation of the inventory. -A database will be tailored for the metadata collected through the inventory process. This database will also allow for linkages into web-based and desktop Geographic Information Systems (GIS). The database .will build on existing inventory databases, but will be tailored for the specific needs of this project. The database will be popul ated with metadata from the inventory and data entry will be error-checked. The web-based interface will also be completed and housed on the Great Lakes Information Network (GLIN), which is managed by the Great Lakes Commission. Links will be provided from GLIN's Lake St. Clair page and from other appropriate locations. 2-.5 Devetop Gap Assessment: Once the database is completed and populated, it will be analyzed to highlight gaps, using the needs assessment as a point of reference. This may include gaps in a) the geographic coverage; b) specific content; or c) integration of data from multiple sources. All types of gaps will be assessed and reported to the TAC. The web-based GIS inventory database will also be made available for their use. 3. Develop a monitoring strategic plan. 3.1 Draft Strategic Plan: A draft gap assessment will be provided to the TAO and ICWAG for review and comment. A follow-up meeting with the TAC will be facilitated to review the gap assessment. Recommendations will be solicited to be included in a strategic plan. A draft strategic plan for addressing monitoring gaps in the Lake St. Clair basin will be developed. The draft plan will be provided to the TAC and ICWAG for review and comment. A follow-up joint meeting of these two groups will be facilitated to provide feedback on the draft strategic plan. 3.2 Finalize Strategic Plan: The feedback from the two advisory groups will be incorporated into the strategic plan and a final plan completed. Once approved, the gap assessment and strategic plan . will be published and released for public consumption. The inventory website will also be made available to the public at that time. Announcements will be released to the local press informing the public about the newly developed products. These communications will be closely coordinated with the ICWAG. The strategic plan will also be integrated into the larger St. Clair River and Lakes St. Clair Management Plan being developed by the USACE. C. Coordination & Reporting. The draft gap assessment and strategic plan will be distributed to the TAC and the Macomb-St. Clair Inter-County Watershed Page 3 of 5 GLRAP Assistance, Letter of Agreement, Exhibit A 0/10-24-2001 w -11 ) Management Advisory Group for review and comment. Draft documents will be provided in electronic format, when available, to the TAC, and to the Sponsor in for distribution to the ICWAG. Microsoft Word or Adobe PDF formats will be used for text-based reports. Two hard copies of the final gap assessment and strategic plan will also be delivered to the Sponsor. Additionally, the final inventory database will be delivered on compact disk in ESR1 ArcView and Microsoft Access formats, as well as being available in its web format on GLIN (www.oreat-lakes.net ). D. Schedule of Activities: The activity schedule shown below is tentative. The USACE will initiate work following USAGE signature of the Letter of Agreement and subsequent receipt of locally contributed funds. At that time, the schedule of activities will be revised as necessary in coordination With the Sponsor. ,PRELIMINARY ACTIVITY SCHEDULE Deliverable • Needs assessment (produced by Macomb-St. Clair Inter- County Watershed Management Advisory Group) Inventory elements,and'survey Monitoring organization list Initial monitoring gap assessment Completed online inventory database Draft Gap Assessment Gap Assessment Coordination Meeting Final Gap Assessment Draft Strategic Plan Strategic Plan Coordination Meeting Final strategic plan • Anticipated • Schedule 15 Jan 2002 31 Jan 2002 31 Jan 2002 28 Feb 2002 15 May 2002 15 Jun 2002 TBD Jul 2002 31 Jul 2002 31 Jul 2002 TBD Aug 2002 30 Sep 2002 following information to the D. Sponsor Coordination. The sponsor will provide the USACE: 1. Needs assessment. 2. Participation in review/comment of draft and final products. Page 4 of 5 • GLRAP Assistance, Letter of Agreement, Exhibit A I Lk 0/10-24-2001 ,thrt -1 (11, E. Preliminary Cost Estimate and Cost Share Apportionment: The preliminary cost estimate and Federal (USACE) and non-Federal cost share apportionment is provided in Attachment I to Exhibit A. This Agreement is non-binding until the U.S. Army Corps of Engineers receives the non-Federal cash share of the funds. F. Corps of Engineers Point of Contact: Ms. Colette Luff, Great Lakes Remedial Action Plan Program Coordinator. Telephone: 313-226-7485 E-mail: Colette.M.Luff@usace.army.mil Page 5 of 5 GLRAP Assistance, Letter of Agreement, Exhibit A ) 5 0/10-24-2001 Hartingh - 1CostMonitoring0tdoc EXHIBIT A SCOPE OF WORK TECHNICAL, PLANNING AND ENGINEERING ASSISTANCE ATTACHMENT I PRELIMINARY COST ESTIMATE • AND COST APPORTIONMENT 1. 1. Preliminary Cost-Estimate: The cost estimate, established by the Government and provided in Table I-1, is for,Corps of Engineers assistance under the Great Lakes Remedial Action Plan (RAP) program for Macomb County, Michigan, the non-Federal Sponsor, in calendar years 2001-2002, per Exhibit A. • Table 1-1 PRELIMINARY COST ESTIMATE - , - Work Activity Federal Non- Share Federal Total • • ($) Share Cost _ ($) I'S) Water Quality Monitoring Assessment & Strategic Plan 38,223.25 20,581.75 $58,805.00 _ 2. Cost Apportionment: The Federal cost responsibility and non-Federal responsibility, as described in Exhibit A, are summarized below: Macomb County (Non-Federal share). $ 20,581.75 U.S. Army Corps of Engineers (Federal share) 38,223.25 Total Federal + Non-Federal Cost = $ 58,805.00 Page 1 of 1 GLRAP Letter of Agreement, Exhibit A, Attachment I D/10-24-2001 tick)/ Hartingh - 1Monitoring ExB.doc EXHIBIT B FOUR AGENCY AGREEMENT Four Agency Agreement to Include Lake St. Clair within the Existing Framework of Roles and Responsibilities for the Implementation of the Detroit River, St. Clair River and St. Marys River Shared Remedial Action Plans 1—WHEREAS, Lake St. Clair is a binational body of water that lies between two binational Areas of Concern, the St. Clair River and Detroit River, that are both included in the Four Agency Letter of Commitment; 2—AND WHEREAS; many of the environmental issues and concerns regarding Like St. Clair are the same or similar in nature to those regarding these two binational Areas of Concern, 3—AND WHEREAS; the impacts and activities that influence environmental conditions of Lake St. Clair are the same or similar in nature to those affecting these two binational Areas of Concern, 4—AND WHEREAS; the ecosystem and watersheds of Lake St Clair and these two binational Areas- of Concern are interrelated; 5—AND WHEREAS; the St. Clair River and the Clinton River, two major tributaries of Lake St, Clair, as well as the Detroit River, which is the outflow from Lake St. Clair, have been designated as Areas of Concern; 6—AND WHEREAS; the Four Agencies recognize limited resources among the agencies and recognize the efficiency of utilizing an existing framework over creation of a new management structure; THEREFORE the Four Agencies, in keeping with trie.intent and policies of the Four Agency Letter of Commitment, agree to an undertaking with respect to Lake St. Clair, for the purposes of improving coordination and communication. AND THEREFORE, the Four Agencies intent to address the environmental issues regarding Lake St Clair in context of the St. Clair River/Detroit River Corrictor, rather than three discreet water bodies, when appropriate. Environment Canada U.S. Environmental Protection Agency _ Ontario Ministry of the Environment Michigan Department of Environmental Quality Page 1 of 1 GLRAP Assistance, Letter of Agreement, Exhibit B D/10-24-2001 .11 Resolution #02117 May 2, 2002 The Chairperson referred the resolution to the Finance Committee. There were no objections. • FISCAL NOTE (MISC. #02117) May 16, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - BUDGET AMENDMENT FOR WATER QUALITY STUDY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland Drain Commissioner has been asked by Macomb County Health Department to participate in a water quality study to develop a Water Quality Monitoring Strategic Plan for the Lake St. Clair Watershed of which the Clinton River is a major contributory. 2. The project will be contracted with the Army Corps of Engineers authorizing technical, planning and engineering assistance to states and local governments. 3. The following budget amendment is recommended for FY 2002. The increased expenditure budget will be offset by a reduction in the Transfer Out budget within the Drain Commissioner Operating Budget: General Fund(101) FY 2002 Expenditures 2-61-211001-70100-3348 Professional Services 4,500 3-61-311001-10000-8001 Transfers Out (4,500) Total 0 FINANCE COMMITTEE C'te /1697-76-7 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Obrecht and Causey- Mitchell absent. Resolution #02117 May 16, 2002 Moved by Patterson supported by Coleman the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). THE FOREGOING RESOLUTION - 24/ d atterson, County ecutive Date Ex 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 16, 2002, 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 16th day of May, 2002. . William Caddell, County Clerk