Board of Trustee Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
July 25, 2005
PRESENT: Payne, Roncelli, Stefanes, Buckley, Barnett,
Savoie
Also present, Attorney William Hampton
ABSENT: Devine
Payne welcomed the public and led the Pledge of Allegiance.
Item #1: Approve minutes of July 11, 2005.
MOTION WAS MADE by Stefanes and supported by Barnett to
APPROVE the minutes with corrections.
AYES: Payne, Roncelli, Stefanes, Buckley, Barnett, Savoie
NAYS: None
Item #2: Consider right-of-way permit for 1981 Long Lake
Shore, Sheldon & Iris Yellen.
H. Joel Newman, Hyman Lippitt, P.C., presented Mr. and Mrs.
Yellen’s request to allow two, 2’ x 2’, stone pillars, 6’ H,
to remain in place at the end of their driveway. The pillars
support two lanterns and mailboxes for the Yellen’s and their
neighbor.
MOTION WAS MADE BY Savoie and supported by Barnett to
APPROVE the right-of-way permit for 1981 Long Lake Shore and
allow the pillars to remain in place providing the following
two conditions are met and approved by Mr. Hampton’s office:
-
The Yellens agree to indemnify the Township,
and its officers, employees, agents, representatives and
contractors for any damage or injury to any police, fire,
road, and/or service workers, vehicles, and/or equipment
that may result from or arise out of the permittees use
and/or occupancy of the Township’s right-of-way.
-
The Township also will require that Mr.
Yellen add the Township as an insured under Mr. Yellen’s
homeowner policy in the amount of $2,000,000.00.
AYES: Payne, Roncelli, Stefanes, Buckley,
Barnett, Savoie
NAYS: None
Item #3: Consider resolution for Alliance of Rouge
Communities (ARC).
Presentation was made by Supervisor Payne (a copy of which
is on file in the Clerk’s office). Payne is the co-chair and
Domine is the vice-chair of the Alliance of Rouge Communities
(ARC), an organization of Community and County members in the
Rouge River Watershed.
MOTION WAS MADE by Stefanes and supported by Buckley to
ADOPT the Acceptance of Membership and Bylaws of the Alliance
of Rouge Communities.
Acceptance of Membership and Adoption of
Bylaws
Alliance of Rouge Communities
WHEREAS thirty-eight cities, villages and townships and
three counties signed an August 15, 2003, Memorandum of
Agreement as an interim step to establish a permanent
mechanism for communities in the Rouge River watershed to
cooperatively meet state storm water discharge permit
requirements, satisfy the U.S. District Court’s concerns about
the river, and encourage restoration of river benefits for
residents of the watershed.
WHEREAS after two years of successful operation of the
interim Assembly of Rouge Communities, the members recommended
state legislation that would provide formal recognition to
communities that chose to volunteer to join collaborative
efforts to meet state and federal storm water discharge
requirements, and cooperatively develop watershed plans to
enhance the management of a river
WHEREAS Watershed Alliance legislation passed the Michigan
House of Representatives and the Michigan Senate and was
signed into law by the Governor on January 3, 2005, as Act No.
517, Public Acts of 2004, based upon a draft provided and
supported by the Rouge River watershed communities
WHEREAS at its meeting on June 8, 2005, the Assembly of
Rouge Communities completed drafting of the attached Alliance
of Rouge Communities bylaws, and recommended adoption by the
appropriate governing bodies of those public agencies within
the Rouge River watershed eligible for membership
WHEREAS the formation of the Alliance of Rouge Communities
under this new state law will provide the public agencies
within the watershed the authority to directly seek grants,
enter into contracts, and manage its own resources that have
been provided in the past by and through Wayne County with
federal funds as part of the Rouge River National Wet Weather
Demonstration.
THEREFORE BE IT RESOLVED that the Charter Township of
Bloomfield formally adopts bylaws for, and accepts membership
in the Alliance of Rouge Communities.
FURTHER BE IT RESOLVED that consistent with the terms of
the Alliance of Rouge Communities bylaws, the Charter Township
of Bloomfield formally authorizes the Township Supervisor to
designate a representative and an alternate representative to
the Alliance of Rouge Communities, and additional persons, to
represent the Charter Township of Bloomfield, if needed, as an
alternate to assure voting representation.
FINALLY, BE IT RESOLVED that Charter Township of Bloomfield
continuing membership will be evidenced by payment of its
voluntary assessment on an annual basis to the Alliance of
Rouge Communities.
PREAMBLE
ROUGE RIVER ASSEMBLY OF LOCAL GOVERNMENTS
(ASSEMBLY)
TRANSITION TO THE ALLIANCE OF ROUGE
COMMUNITIES (ARC)
The Rouge River watershed, located in southeast Michigan,
runs through the most densely populated and urbanized land
area in the state. The watershed is approximately 438 square
miles in size and includes all or part of 48 municipalities in
three counties, with a population of over 1.4 million. The
industrial growth of the lower Rouge River in the first half
of the twentieth century and the rapid residential and
commercial growth in the last half of the century in the upper
portions of the watershed created serious pollution problems.
Despite pollution control efforts as early as the 1940s, when
the Detroit wastewater treatment facility was built to serve
southeast Michigan including many of the Rouge River watershed
communities, pollution problems have increased in the river.
It has only been in the last decade that significant
restoration of water quality has begun to be documented as a
result of over one billion dollars of investments by area
residents for pollution control.
In 1985, at the urging of local citizens and organizations
the State of Michigan adopted the Rouge River Basin Strategy.
In 1987, the International Joint Commission designated the
Rouge River as one of the 43 most polluted areas in the Great
Lakes. In 1989, the original Rouge River Remedial Action Plan
(RAP) was completed and endorsed by a majority of the
watershed communities. This original RAP called for an
ambitious twenty-year plan to address pollution problems. The
progress in achieving restoration has been documented in Rouge
River RAP 2004 Revision (Available at http://www.rougeriver.com/geninfo/remaction.html).In
the early 1990s, the United States District Court, at the
urging of local communities, facilitated a phased process for
correcting combined sewer overflows (CSOs) affecting the
river. In1992, with the bipartisan assistance of the Michigan
congressional delegation representing the watershed, Wayne
County received the first U.S. Environmental Protection Agency
grant for the Rouge River National Wet Weather Demonstration
Project (Rouge Project).
The U.S. District Court, as part of its oversight
responsibilities for pollution control on the Detroit River
stemming from a court case filed in the 1970’s and its role in
facilitating the CSO resolution (i.e., the "Bulkley
Settlement"), has maintained a continuing interest in the
results of the Rouge Project. In the mid-1990s, the U.S.
District Court strongly urged the 48 local public agencies
within the Rouge River watershed to adopt a more comprehensive
approach to control pollution from sources other than CSOs.
The U.S. District Court proposed a watershed-wide authority
under the Michigan Drain Code to manage water issues within
the Rouge River watershed. At the same time, the U.S. EPA was
required by a Federal Court consent judgment to adopt
regulations to control storm water discharges under the
Federal Clean Water Act.
As an alternative to the Drain Code authority proposed by
the U.S. District Court, and to comply with the pending U.S.
EPA storm water regulations, a group of local agencies and
communities within the Rouge River watershed proposed a
watershed-based approach to the control of pollution sources
related to storm water discharges. In 1997, the MDEQ adopted
this unique watershed approach developed by local agencies
under the Rouge Project. Subsequently, 41 public agencies with
storm water responsibilities within the Rouge River watershed
entered into this voluntary general storm water permit which
was later endorsed by the United States Environmental
Protection Agency (U.S. EPA) as meeting Phase II federal storm
water discharge regulation requirements that became mandatory
for urbanized communities in 2003.
The watershed-based storm water permit approach, developed
with assistance from the Rouge Project, has become a national
model. There are now seven cooperatively developed
subwatershed water management plans in place for the Rouge
River. Each local agency has prepared and submitted a Storm
Water Pollution Prevention Initiative Plan (SWPPI) to the MDEQ
that identifies their commitments to implement their part of
each of the plans. However, the federal funds from the Rouge
Project that initially provided the basic monetary support for
this joint effort were being substantially reduced and
alternative means to continue this cooperative effort was
needed as the federal funding was being phased down.
As an interim arrangement in 2003, 38 cities, townships and
villages and 3 counties within the Rouge River watershed
formed a partnership to address their storm water permit
requirements. After successfully operating since August of
2003 under a Memorandum of Agreement establishing the Rouge
River Watershed Assembly of Local Governments (hereinafter,
Assembly), the Rouge River watershed communities supported the
passage of state legislation that would authorize local
governments to form watershed alliances. That legislation,
Public Act 517 of the Public Laws of 2004, (herein after
Watershed Alliance legislation), was signed by the governor on
January 3, 2005 with immediate effect. The following outlines
the process for transitioning from the informal Assembly to
the adoption of the required bylaws to form the new Alliance
of Rouge Communities (hereinafter ARC) under this new state
law.
Transition from Assembly to ARC
Thirty-eight cities, villages and townships and three
counties signed an August 15, 2003, Memorandum of Agreement
(herein after, MOA) establishing the Rouge River Watershed
Assembly of Local Governments (hereinafter, Assembly). The
2005 Budget, the officers, policies, procedures and
assessments to members adopted under the August 15, 2003 MOA
will remain in effect until the formal establishment of the
ARC under the proposed attached Bylaws. The Officers elected
for the 2005 calendar year under the August 15, 2003, MOA
formally noticed all communities, counties and public agencies
eligible for membership in the Alliance of Rouge Communities
of an organizational meeting hosted by Canton Township on
February 22, 2005. At this first meeting, the signatories to
the August 15, 2003, MOA determined that there was broad
interest in forming a permanent Rouge River watershed
organization under the new Watershed Alliance legislation. A
transition committee composed of members of the Assembly began
drafting the bylaws to form an Alliance of Rouge Communities
as required under the new statute. A draft set of bylaws was
presented to and modified by the Executive Committee of the
Assembly at its April 20, 2005, meeting in Farmington Hills
and subsequently provided all prospective members of the
proposed Alliance. The Assembly formally recommended that the
Bylaws as presented at the June 9, 2005, meeting of the
Assembly in Farmington Hills Library be presented to the
respective governing bodies for adoption. All members present
and voting at the meeting approved the Bylaws with one member
abstaining. One additional article, indemnification of
officers and certain other members for activities conducted on
behalf of the Alliance, was added following the meeting with
the approval of the three Assembly Officers and the co-chairs
of the Organization Committee as authorized by the Assembly
members.
Establishing Alliance of Rouge Communities
(ARC)
The formal Alliance of Rouge Communities (hereinafter ARC)
shall be established following the adoption of the attached
Bylaws by the governing bodies of at least twenty (20) of the
eligible cities, villages, townships or counties. A certified
resolution of the governing body of the prospective member
approving membership under the Bylaws, or the payment of the
2005 assessment will be used to establish those communities
with voting privileges for actions taken by the ARC prior to
September 30, 2005. After September 30, 2005, a certified
resolution accepting membership by the appropriate governing
body, designation of a voting representative and alternate
representative, and payment of any assessment shall be
required for continuing membership and the exercise of voting
privileges. Once the ARC is established, the Rouge River
Assembly of Local Governments (Assembly) established under the
August 15, 2003, MOA shall be dissolved, and all its
responsibilities including its oversight in the expenditure of
assessments provided by Assembly members shall be transferred
to the ARC.
BYLAWS
ALLIANCE OF ROUGE COMMUNITIES
Adopted pursuant to
Part 312, Watershed Alliances,
Michigan Natural Resources and Environmental
Protection Act
as amended by Public Act 517 of 2004
ARTICLE I. PURPOSE
It is the purpose of these Bylaws to set forth the
composition, duties, and responsibilities of the watershed
Alliance of Rouge Communities (hereinafter the ARC) formed
under the provisions of Part 312 Watershed Alliances, Natural
Resources and Environmental Protection Act as amended by
Public Act 517, 2004. Local public agencies and communities
within the Rouge River
watershed believe there are substantial benefits that can
be derived under this Watershed Alliance through cooperative
management of the Rouge River and in providing mutual
assistance in meeting state water discharge permit
requirements to the Rouge River. The Appendices attached and
referred to in these Bylaws are provided for informational
purposes only and are not a part of the Bylaws. The Appendices
will be periodically updated to reflect the actual boundaries
of the ARC based upon the number of eligible public entities
which formally accept membership, as well as the annual
budget, allocation of assessments, and voting shares in
subsequent years.
ARTICLE II. Description, Structure, Decision Making and
Operations of ARC
A. Geographic Boundaries
The proposed geographic boundary encompasses the land area
within the Rouge River watershed located in portions of Wayne,
Oakland and Washtenaw counties in southeastern Michigan shown
in the informational map attached as Appendix A to these
Bylaws. Under state law the boundaries of the ARC are limited
to the jurisdictional boundaries of its members. Appendix A
will be updated periodically to show the jurisdictional
boundaries of those cities, townships, and villages that have
adopted the Bylaws and formally accepted membership. In the
event that some eligible Rouge River watershed communities
(cities, townships, or villages) do not become members, county
members may:
1) include all of their county political boundary within
the Rouge River watershed where they intend to exercise
their independent water management responsibilities;
or 2) include only that portion of the county within the
Rouge River watershed where communities have accepted
membership in the ARC.
B. Membership of the ARC
1. Membership
a). Primary Members
The Primary Members of the ARC shall consist of a
representative, or designated alternate of each
township, city, village and county (or county agency)
whose legal jurisdiction incorporates areas wholly or
partially within geographic boundaries identified in
Appendix A and whose governing body by resolution,
voluntarily adopts these Bylaws. The eligible Primary
Members are listed in Appendix B.
b). Associate Members
The Associate Members of the ARC shall consist of a
representative, or designated alternate of a public school
district, public college or university, or any other local
or regional public agency that has been issued a state
permit for a water discharge into the Rouge River and whose
governing body by resolution, voluntarily adopts these
Bylaws.
2. Cooperating Partners
The ARC encourages the involvement of non-profit
organizations, other public agencies or entities,
businesses, and residents who share a common interest in
protection and restoration of the Rouge River. Those who
provide their time, services, expertise or other resources
toward the common goal of protection and restoration of
the river will be recognized as non-voting, Cooperating
Partners.
C. Structure of the ARC
1. Election of Officers
The ARC shall elect for a two-year term, from among its
members, a Chair, Vice-Chair and Treasurer. The three ARC
officers shall be limited to an elected or appointed
official, or employee of a Primary Member of the ARC as
defined in these Bylaws. Officers shall be elected to two
year terms at a regularly scheduled ARC meeting through a
formal action as described under Article II. D. of these
Bylaws. The Chair, Vice Chair and Treasurer of the
Assembly shall serve until replaced by a majority vote of
the members. The elected Vice Chair, or the elected
Treasurer in the event the Vice Chair is unavailable,
shall assume the duties of the Chair if the Chair is
unavailable. Newly elected officers will assume their
duties at the conclusion of business of the meeting at
which those officers were elected.
2. Executive Committee
The ARC Executive Committee shall have 14 voting members
consisting of
• (3) The elected Chair, Vice-Chair, Treasurer of the
ARC,
• (3) One representative or alternate from each member
county,
• (7) One representative or alternate from each of the
seven subwatershed Advisory Groups, herein after SWAGS,
established under the State of Michigan, watershed-based,
general storm water permit as implemented by communities
within the Rouge River watershed, and
• (1) The immediate past Chair, past Vice Chair, or past
Treasurer of the ARC shall serve as a member or alternate
member with preference given first to the past Chair, then
the past Vice Chair, and then the past Treasurer.
The meetings of the Executive Committee shall be chaired by
one of the three elected officers. The elected Chair of the
ARC shall chair the Executive Committee, with the
responsibility succeeding to the elected Vice Chair if the
elected Chair is unavailable. If neither the elected Chair nor
the elected Vice Chair is present at an Executive Committee
meeting, the elected Treasurer shall serve as chair for the
meeting. The elected officers of the ARC shall not have
alternates serve or vote on their behalf on the Executive
Committee.
The three counties and the seven SWAGs shall appoint their
respective representatives and alternates to the Executive
Committee. Representatives and alternates serving on the
Executive Committee, including those appointed by a SWAG,
shall be limited to those individuals representing a member
public agency that HAS adopted these Bylaws and has paid its
membership assessment. In an effort to assure the broadest
participation by ARC members, a SWAG appointment to the
Executive Committee shall be neither a county representative
nor a representative from the same city, township or village
as those represented by any current or past ARC officer
serving on the Executive Committee. Every reasonable effort
will be made to assure that no one community has more that one
representative on the Executive Committee.
The Executive Committee will seek consensus on all issues
brought before it. In the absence of consensus, the Executive
Committee will adopt motions only when a majority of its
members (8) vote in favor of a motion. Each member will have
one vote including the elected officers of the ARC. A county
or SWAG may designate an alternate to serve and vote on behalf
of their appointed representative to the Executive Committee.
3. Meetings
The ARC shall meet at least twice each calendar year at
a designated time and location established by its
Executive Committee. Agendas for ARC meetings will be
distributed and circulated to all members at least two
weeks in advance of all meetings. All official actions of
the ARC including the election of officers, adoption of
budgets, assessment of costs to members, and all other
matters not otherwise specifically delegated to the
elected officers, committees or executive director shall
be by the full ARC at a regular meeting consistent with
the voting procedures in Article II. D. of these Bylaws.
The ARC Executive Committee will meet at least four times
each year at the call of the Chair. All meetings of the
ARC Executive Committee, standing committees or special
committees established under the ARC shall operate under
the Robert’s Rules of Order unless modified by a majority
vote of the ARC members. The meetings of the ARC shall be
rotated to locations throughout the Rouge River watershed
allowing any member community or agency to host a meeting.
D. ARC Decision Making
The ARC shall take all formal actions, by a simple majority
vote of all eligible Primary and Associate Members at a
meeting at which a quorum is present. A quorum shall consist
of one more than fifty percent (50%) of all members, eligible
to vote and present. Voting shall be limited to members or
their designated alternates who are physically present at an
ARC meeting. Eligible members are those appointed by an
appropriate governing authority that has adopted these
Bylaws by resolution and that has paid its assessment.
Provided, however, any eligible Primary Member may request
that formal actions on a specific action item be subject to a
voting of shares, and, if supported by at least four other
Primary Members, the formal decision of the ARC will be based
on voting shares. The elected officers may not vote on any
issue before the ARC unless they are also serving as the
designated ARC representative of their respective public
agency. If a voting of shares is requested and supported by a
total of five members, adoption of formal actions shall
require a simple majority of the voting shares of a quorum
based upon the following allocation:
1. Primary Members
The voting shares for city, township and village
members shall be based upon the financial contribution of
each based upon the approved ARC annual budget and
assessment of costs to members. The specific voting shares
will be proportional to the annual assessments to each
city, township and village as determined under Article
III. A. of these Bylaws with one voting share based upon
the annual assessment for each divided by $750 rounded to
the nearest whole number. If an assessment is less than
$750, one voting share shall be provided.
The combined voting shares the three counties and
county agencies combined shall be limited to twelve
percent (12%) of total voting shares and the allocation of
voting shares between the three counties shall be
determined by the proportional amount of land in each
county within the Rouge River watershed. For the purposes
of these Bylaws, counties are defined as the
appointed/elected Road Commission, the elected County
Drain Commissioner, the elected County Executive, or the
elected County Commission. Provided, however, only one
member or designated alternative shall represent each
county.
2. Associate Members
The specific voting shares will be proportional to the
annual assessments to each with one voting share based
upon the annual assessment for each divided by $750
rounded to the nearest whole number. If an assessment is
less than $750, one voting share shall be provided.
3. Cooperating Partners
Cooperating Partners shall not have voting privileges,
but shall be invited to participate in meetings of
standing committees and noticed of all meetings of the ARC
and its Executive Committee.
E. ARC Duties
1. Budget and Assessments
After the first year, the ARC shall adopt an annual,
fiscal year budget for the period from January 1 through
December 31 on or before December 15, of each year for the
following calendar year. In the first year, the 2005
fiscal year budget of the ARC is attached as Appendix C
along with the assessment to members as Appendix B to
these Bylaws. Assessments for members will be set at the
time each budget is adopted. Modifications to the budget
may be adopted at any regularly scheduled ARC meeting,
provided however, that assessments, once established for
any member, shall not be increased during the calendar
year for which they were established. Not withstanding
this provision restricting mid-year changes in
assessments, members may voluntarily agree to increase
their payments for special services provided by the ARC.
2. Standing Committees
The ARC shall establish and outline a purpose for three
standing committees on technical issues (Technical
Committee), financial management (Finance Committee), and
public involvement and education (PIE Committee). The
Treasurer shall chair the Finance Committee, and the
officers shall appoint the chairs of the Technical and PIE
committees from members of the Executive Committee. The
standing committee chairs may appoint vice chairs of their
respective committees provided such vice chairs represent
members. Any member, designated alternate or other
representative of a member may serve on any standing
committee. Cooperating partners, or other members of the
public may be invited to participate in a standing
committee, but all official actions of a standing
committee shall be limited to participation by those on
the committee representing ARC members.
3.Special Committees
From time to time, the ARC may choose to establish
special committees to consider specific issues or
questions. The Chair or Co-Chairs of any special committee
established shall be appointed by the ARC, or, by
delegation of the ARC, by the Chair. The special committee
Chair(s) and Co-Chair(s) appointed shall be
representatives of members of the ARC.
4. Organization Committee
The ARC shall establish a committee (Organization
Committee) to consider changes to its Bylaws and new
members, and to make recommendations to the ARC. The ARC
shall appoint members and the Chair or Co-chairs of the
Organization Committee that reflect the broad diversity of
the ARC membership with respect to geographic location,
land area and population within the watershed, and type of
public agency.
5. Other Duties
The ARC shall:
• Maintain official written record of meetings that
includes attendance, issues discussed, and official
actions taken.
• Recommend to members any subsequent changes needed to
these Bylaws.
• Take other actions required, including delegation of
responsibilities to the elected Chair or Executive
Committee to carry out the purposes and conduct the
business of the ARC including, but not limited to,
directing the activities of any
committees established under the Bylaws.
• Encourage and promote public involvement in actions
and activities of the ARC and of committees established by
the ARC, and assure compliance with Open Meetings and
Freedom of Information state statutory requirements.
• Develop policies and procedures related to official
actions of the ARC, including but not limited to
contracting for services, disbursement of funds, and
related fiduciary responsibilities.
• Prepare an annual report on the goals and
accomplishments of the ARC together with a comprehensive
audit report on the expenditures and revenues.
F. ARC Executive Committee
1. The Executive Committee shall:
• With the advice of the standing committees, provide
oversight of the expenditure of ARC monies consistent
with the approved annual budget by reviewing quarterly
financial status reports prepared by the Finance
Committee.
• Take those steps required to acquire the services
of an ARC Executive Director, including approval of a
compensation package consistent with annual budget of
the ARC, other specific terms of employment, and a
description of duties and responsibilities.
• Make provisions for other ARC support services
consistent with the annual budget.
• Provide fiduciary services for the ARC including
preparation of financial reports required by state law.
• Provide a forum for discussion and, if appropriate,
make recommendations to resolve issues related to the
management of the ARC brought to its attention by any
member of the ARC.
• Assist the standing committees, the Organization
Committee and any other special committees of the ARC in
meeting their respective responsibilities.
• Maintain a written record of each Executive
Committee meeting including, as a minimum, attendance,
list of issues, and a record of decisions and
recommendations.
• Take other actions that are consistent with the
provisions of these Bylaws and direction provided by the
ARC.
G. ARC Executive Director
1. Any Executive Director selected by the Executive
Committee under the provisions of Article II. F. of
these Bylaws shall:
• Exercise his or her duties and responsibilities
under the day-to-day direction of the ARC Chair or other
ARC officer designated by the Chair.
• Not be a voting member of the ARC or any ARC
committees, but will be encouraged to participate in
meetings of the ARC, ARC officers or ARC committees, and
to provide supporting information and recommendations.
ARTICLE III. ASSESSMENT OF COSTS TO MEMBERS
A. Primary Members
1. City, Village and Township Members
The assessments to cities, villages and townships
will be determined by subtracting the amount of dollar
contributions from the approved budget to be provided by
counties, Associate Members, and from grants, money
gifts, and other income including any balances from
prior year ARC budgets. The amount remaining after
subtracting these other sources of revenue will be
prorated and assessed to each city, village and township
primary members based upon equal weight to the
population of the unit of government within the
watershed according to the most recent United States
census, and the land area within the watershed as shown
as a part of Appendix B. Provided, however, that maximum
assessment to any member shall be limited to no more
than 15% of the total assessments for all other Primary
Members in any fiscal year.
2. County Members
a). Based upon the in-kind contributions currently
provided by Wayne, Washtenaw, and Oakland counties, the
three counties will not be assessed to support the budget
of the ARC for fiscal years 2006 and 2007. By August 15,
2007, the ARC will determine whether or not assessments
will be made to the counties taking into consideration the
level of contribution of in-kind services for ARC related
activities each county will provide during 2008 ARC fiscal
year. Assessments to counties, if any, for each ARC fiscal
year after 2008 will be determined by August 15 of year
preceding the fiscal year for which any such county
assessment is included in the ARC annual budget using the
same criteria.
b.) The maximum assessment total in any year to all
member counties shall not exceed 12% of the combined total
assessment for the same fiscal year for all other Primary
Members. The 12% assessment limitation will be determined
based upon the total amount assessed other primary members
in the adopted annual ARC budget for a given fiscal year
and not the subsequent actual assessments paid. In the
event that the total assessments to counties determined on
or before August of any given year for the following
fiscal year exceeds 12% of the total for all other primary
members subsequently approved in the ARC budget for the
same fiscal year, the total amount assessed to the
counties will be reduced such that the total does not
exceed 12% of that assessed all other primary members.
B. Associate Members
The ARC shall assess Associate Members at the time they
become a member based upon a dollar amount approved by the
ARC and agreed upon by the Associate Member. The
assessment shall reflect the ARC membership benefits
provided each Associate Member, and any other
contributions made by the Associate Member to the ARC. The
annual assessment to an Associate Member, however, shall
not be less than the lowest amount assessed any Primary
Member or $750 whichever is greater, nor more than $30,000
or the highest amount assessed any Primary Member
whichever is greater.
C. Adjustment of Assessments
Once adopted as part of a given fiscal year budget, the
annual assessments to primary members shall not be lowered
based upon the addition of new members or any other
additions to income not considered as part of the approved
annual budget for that year. Primary Members joining after
the adoption of the fiscal year budget shall be assessed
as if they were members for the entire fiscal year using
the same formula as was applied to other primary members.
ARTICLE IV. RESOLUTION
The eligible members adopting these Bylaws shall do so
by the passage of a formal resolution, an example of which
is attached as Appendix E, and the exercise of existing
authority that includes the ability to commit to the
annual payment of assessments for support of ARC as
identified in the annual ARC budget. Once a resolution is
passed and a certified copy forwarded to the ARC, the
public entity will remain a member so long as its
assessments are paid in a timely manner. A member may
terminate its membership at any time. Provided, however,
there shall be no refund of any assessment already paid to
the ARC. Services provided through the ARC and any grant
funding it receives shall be, to the extent practical,
limited to Primary and Associate Members that have adopted
the Bylaws and met their respective assessed financial
obligations established consistent with the Bylaws.
ARTICLE V. INDEMNIFICATION
To the extent permitted by law, the ARC may hold any
officer, committee chair, executive director, agent or
employee and their respective designees harmless from
personal liability for claims made or civil actions
commenced against the officer, committee chair, executive
director, agent, employee or designee; when acting in good
faith within the scope of his/her authority; while
discharging his/her official duties on behalf of the ARC;
for acts in or not opposed to the best interest of the
ARC; or on account of liability of the ARC; only if their
actions do not amount to gross negligence and are not
contrary to the law. The ARC, pursuant to bylaw or
resolution of its board, may obligate itself in advance to
defend and hold harmless persons.
The ARC may purchase and maintain insurance on behalf
of any officer, committee chair, executive director, agent
or employee and their designees against any liability
asserted against the person and incurred by the person in
any capacity or arising out of the status of the person as
an officer, committee chair, executive director, agent or
employee of the ARC.
The amount of fees and costs which the ARC shall pay
for on behalf of the any officer, committee chair,
executive director, agent, employee or designee’s defense
shall be limited to and shall not exceed insurance limits
of the policy, if any, covering the claim or action.
The decision to defend and represent any individual,
officer, committee chair, executive director, agent,
employee or designee will be made in the sole discretion
of the ARC; acting on advice from its legal counsel as to
whether said individual, officer, committee chair,
executive director, agent, employee or designee was acting
while in the scope of his/her authority, was discharging
his/her official duties on behalf of the ARC and if the
acts were in or not opposed to the best interest of the
ARC.
ARTICLE VI. FIDUCIARY SERVICES
A. Interim Fiduciary Agreement
The Wayne County Department of Environment (hereinafter
WCDOE) has agreed to provide fiduciary services for the
collection and expenditure of member assessments paid for
fiscal year 2005. Under the Fiduciary Agreement with Wayne
County, the member assessments paid shall be used only for
the services identified in the 2005 Budget attached as
Appendix C. It is further understood under the terms of
the Fiduciary Agreement with WCDOE that the assessments
paid by members may be used to provide the required local
match for grant dollars used to support the 2005 budget.
B. Expenditure Controls and Auditing
WCDOE has agreed to provide the Executive Committee
full and complete access to records concerning the use of
the funds collected from the members so that all
expenditures of monies collected through assessments to
members can be audited through a process determined to be
appropriate by the Finance Committee. WCDOE has further
agreed to provide a financial accounting of all funds
collected and expended to the Finance Committee by April
1, 2006. The Finance Committee will provide oversight of
all expenditures of member assessments and report the
status of income and expenditures at each meeting of the
Executive Committee. It is understood that the existing
provider arrangements for some of the services identified
in the 2005 budget may be most efficiently and cost
effectively managed in the transition period through the
existing Rouge Project contracts administered by WCDOE, or
by Wayne County staff currently assigned these
responsibilities.
C. Long Term Fiduciary Services
Before December 1, 2005, the ARC will determine how
fiduciary responsibilities will be managed beginning on
January 1, 2006. It is envisioned that the ARC shall
provide its own fiduciary services in the future either
through its own staff or through contracted services.
ARTICLE VII. DISSOLUTION OF THE ARC
In the event that its members dissolve the ARC, any unused
balances of membership assessments at the time of dissolution
not needed to meet ARC obligations shall be redistributed back
to the ARC members prorated on the basis of the total ARC
assessment paid by each member during the immediately
preceding fiscal year. Similarly, uncommitted balances from
other sources of revenue (e.g. grants, gifts, contributions,
etc) remaining at the time of dissolution of the ARC shall be
returned to the original provider or, if directed by the
provider, transferred to a 501c3 organization or public agency
that is willing and able to expend the funds for the
originally intended purposes.
ARTICLE VIII. AMENDMENTS TO BYLAWS
Any amendments proposed to these Bylaws shall be first
reviewed by the Organization Committee who shall, after
consideration of proposed amendments, make recommendations to
the ARC. The ARC shall not take an action to formally
recommend any changes to the Bylaws except at its annual
meeting at which the budget for the next fiscal year is
presented for approval. To be formally recommended any
amendment(s) to the Bylaws shall be: 1) formally noticed to
all members at least 30 days prior to the ARC meeting at which
they are to be voted upon; and, 2) approved by at least two
thirds of all members (or two thirds of all member shares if a
voting of shares is requested). Any amendments formally
recommended by the ARC shall be sent to all members along with
their annual ARC assessment for review and approval by the
member’s respective governing bodies as the basis for
continuing membership. The members shall have five (5) months
following the date of the ARC action formally recommending
Bylaw amendment(s) to approve the amendment(s). The amended
Bylaws shall become effective when at least half of the
governing bodies of members approve the amended Bylaws within
the specified time limitation.
INFORMATIONAL APPENDICES TO THE BYLAWS
APPENDIX A – Proposed Geographic Boundaries of the Rouge
River Watershed including the identification of the political
boundaries of eligible primary members.
APPENDIX B – Allocation of Costs and Voting Shares that
includes: a list of eligible members that are currently
members of the Assembly; their respective land area and
2000-census population within the Rouge River watershed, their
proportional allocation of costs for support of the 2005 ARC
budget based upon equal weight given to land area and
population within the watershed, and the voting shares of
each. Eligible members that did not participate in the 2003
MOA are listed separately since they have not yet agreed to
membership and were not considered in allocating the
assessments and voting shares for 2005.
APPENDIX C – 2005 ARC Budget that includes a list of storm
water management services and costs, and sources of funding
for calendar year 2005.
APPENDIX D – Model Resolution adopting the Bylaws,
accepting membership, and committing to payment of 2005
assessment.
AYES: Payne, Roncelli, Stefanes, Buckley, Barnett, Savoie
NAYS: None
Item #4: Discuss organizational structure of Roads Division and
Water & Sewer Division.
Presentation was made by Jerry Marenger, (a copy of which
is on file in the Clerk’s office). Wayne Domine will assume
the position of Director, Engineering and Environmental
Services Department. Jerry Marenger will remain
Superintendent, Public Works Department, until he retires in
2007. On September 19, 2005, Tom Trice will assume the newly
created position of Director, Public Works Department.
MOTION WAS MADE by Barnett and supported by Roncelli to
APPROVE the restructuring of the Water & Sewer Division and
the Roads Division as outlined in the proposal dated July 20,
2005.
AYES: Payne, Roncelli, Stefanes, Buckley, Barnett, Savoie
NAYS: None
Item #5: Approve payment of payroll and vouchers.
MOTION WAS MADE by Barnett and supported by Savoie to
APPROVE payment of payroll and vouchers A000988-A001008,
B007100-B007252, E001512-E001522 totaling $2,281,508.64.
AYES: Payne, Roncelli, Stefanes, Buckley, Barnett, Savoie
NAYS: None
County Commissioner, Chuck Moss, addressed the Board
regarding the Oakland County budget.
Meeting adjourned at 8:45 p.m.
______________________________
JANET RONCELLI
TOWNSHIP CLERK
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Bloomfield Hills, MI 48303-0489
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