HomeMy WebLinkAboutResolutions - 2012.06.07 - 20250COUNTY MICHIGAN
L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
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BOARD OF COMMISSIONERS BALLOT INITIATIVE FOR THE DETROIT/WINDSOR BRIbGE
June 14, 2012
Pursuant to 1973 Public Act 139, Section 11 (1), MCL 45.561(1), I hereby veto M.R. # 12149 adopted -cloy
the Board of Commissioners on June 7, 2012.
I have vetoed M.R. 12149 for two primary reasons. First, Michigan desperately needs jobs and a new
public bridge to Canada will boost our local economy and add jobs. The Center for Automotive
Research has conducted a study that indicates a new public bridge will create thousands of new jobs
and billions in economic benefits. The Center estimated that the new public bridge project will create
as many as 6,000 construction jobs for each of the first two years of construction and 5,100 jobs for
each of the final two years of construction. In addition, because of projects enabled by federal
matching funds, about 6,600 more jobs will be created or retained for each of the four years of
construction. Finally, some 1,400 permanent jobs will be created from the operation of a new bridge.
Our residents need these jobs.
Canada, our neighbor, is America's largest and most important trading partner. The Detroit-Warren-
Livonia rvISA, which includes Oakland County, had the 4 th highest amount of exports, nearly $44
billion, in 2010. Exports to Canada made up 35% of those exports. In fact, the Detroit-Warren-Livonia
MSA exported more products to Canada than any other region in the United States. This level of
commerce can only be sustained and enhanced by the construction of a new public bridge, in
Michigan and in our region.
Today, there are more than 80 Canadian-owned firms that have operations in Oakland County. These
firms employ more than 4,000 workers. These firms, including Magna, TD Auto Finance and Canadian
National Railway, help Oakland County residents enjoy the benefits of America's special economic
relationship with Canada_ We must work to preserve and grow that relationship by supporting
infrastructure improvements that will help improve our mutual economies throughout the 21st
century.
The second reason for my veto is found in the fact that another vote of the people as called for in
M.R. 12149 is not needed. Michigan's voters have already spoken. M.R. # 12149 resolves that the
Board is in favor of requiring an affirmative vote of the people before the State of Michigan builds a
governmental bridge. This ignores the fact that the People of the State of Michigan, by a majority
vote, already adopted Article 3, Section 5, of the Michigan Constitution of 1963. Article 3, Section 5,
adopted by a vote of the People, confers upon the state, any political subdivision thereof, and upon
any governmental authority or any combination thereof, the power to enter into agreements for the
performance, financing or execution of their respective functions with the Dominion of Canada, or any
political subdivision thereof.
1
M.R. #12149
EXECUTIVE OFFICE BUILDING 41 WEST • 2100 PONTIAC LAKE RD DEPT 409 • WATERFORD MI 48328-0409 • (248) 858-0484 • FAX (248) 452-9215
The construction, financing and operation of a governmental bridge, including an international bridge,
is clearly within the voter approved lawful functions of the State of Michigan. See e.g. 1963 Const. Art
7, § 16; MCL 254.157. In addition, the Congress of the United States adopted the 1972 International
Bridge Act, expressly granting to the states, their subdivisions and/ or their instrumentalities,
Congressional consent for states to construct, maintain and operate bridges which connect with the
United States and any foreign country, including specifically, with the Government of Canada, a
Canadian province, or a subdivision or instrumentality of either. See, Title 33, Subchapter IV —
International Bridges, Section 535 -535a.
The will of the People of the State of Michigan having already been expressed by an affirmative vote
of electors to adopt Article 3, Section 5, of the Michigan Constitution authorizing the state to
construct, finance and maintain bridges makes M.R. 12149 moot. There has already been a vote and
the People have been heard. Oakland County and Michigan needs the jobs a new public bridge will
bring. M.R. 12149 is, therefore, vetoed.
L. Brooks Patterson, Opand County Executive
Date: June 14, 2012
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REPORT (MISC. #12149) April 18, 2012
BY: GENERAL GOVERNMENT COMMITTEE — Christine Long, Chairperson
RE: MR #12149 Board of Commissioners Ballot Initiative for the Detroit/Windsor
Bridge
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution
on May 21, 2012, hereby recommends that the resolution title be amended as follows.
MR #12149 — Board of Commissioners — Support for the Ballot Initiative for the
Detroit/Windsor Bridge
Chairperson, on behalf of the General Government Committee, I recommend
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT
Ayes: Scott, Gosselin, Matis, Hoffman, Long
Nays: Quarles, Gershenson, Hatchett
Absent: Crawford, Nash
Motion carried,
Miscellaneous Resolution #12149
BY: Commissioner Shelley Goodman Taub, District # 16
RE: BOARD OF COMMISSIONERS Ballot Initiative for the Detroit/Windsor Bridge
TO: OAKLAND COUNTY BOARD OF COMMISSONERS
WHEREAS, The state of Michigan benefits from multiple International crossing alternatives including the
Ambassador Bridge, the Detroit-Windsor Tunnel, the Blue Water Bridge, railroad tunnels in Detroit and
Port Huron, and a truck ferry in Detroit, and
• WHEREAS, For the past 83 years the owners and operators of the Ambassador Bridge, the Detroit
International Bridge Company ( DIBC ), have invested hundreds of millions of private funds in the state
of Michigan and have created thousands of Michigan jobs, and
WHEREAS, The DIBC has invested nearly $ 1 billion in recent years to enhance border facilities and to
build a second span to the Ambassador Bridge to complement its current crossing and maximize the
utility of the existing roadways and new highway connections created under the multi-million dollar
Gateway Project, and
WHEREAS, The taxpayers of Michigan spent $ 230 million rebuilding public infrastructure within the
Gateway Project with the premise that there would be a second span of the Ambassador Bridge, paid for
with private funds, and
WHEREAS, Despite the DIBC,s desire to move forward with the private expansion of the second span of
the bridge that would infuse millions of dollars into the our economy generating thousands of much
needed jobs, the DIBC has been thwarted by governmental " Red-Tape ", and
WHEREAS, The Michigan Department of Transportation ( MDOT ) has spent nearly $ 40 million since
2002 on studies preparing their plan to build a government bridge paid for with tax dollars, and
WHEREAS, When spending taxpayers' dollars on a government sponsored bridge, constitutionally
mandated services such as Public Health, Public Safety, Roads and Education, lose sufficient funding, and
WHEREAS, MDOT continues to spend scarce state resources in its continued effort to build the New
International Bridge Crossing (NITC) formerly known as the Detroit River International Crossing, (DRIC )
despite actual traffic crossings in the Detroit-Windsor corridor have dropped 50% since 1999, and
WHEREAS, The NITC, the government bridge, will require the taking of private property to include, but
not limited to 257 privately owned homes, 43 businesses and 7 churches and non-profit organizations
which will devastate the hometown community of Delray in Detroit, and
WHEREAS, No study has demonstrated that a government sponsored crossing could pay for itself
without significant taxpayer subsidy or significant toll increases, and
Aid)
Commissioner SiAey GkAiman Taub, District #16
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WHEREAS, In addition to the taking of private property and the burden on the taxpayers to subsidize the
government bridge, there are concerns about the legal and/or Constitutional issue of the $ 550 million
loan to the state of Michigan by the Canadian Parliament, and
WHEREAS, The Constitution of the United States of America and the American federal system
specifically and expressly reserves the responsibility to negotiate and enter into a loan agreement with
another sovereign nation to the United State of America, and
WHEREAS, In 1927 the Ambassador Bridge was required to receive a positive vote of the people of both
Detroit, Michigan and Sandwich, Ontario, Canada before proceeding with the construction of the bridge,
and
NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners does hereby
support the taxpayers of Michigan, the homeowners, landowners, businesses, the churches and urges
the Michigan legislature to reject any proposal not supported by a majority of the citizens of the state of
Michigan to build a government bridge, and
BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners does hereby support the
opportunity for the people of Michigan to decide whether taxpayer dollars should be spent on a bridge
when private funding for a bridge is available; and
BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Governor, the Lieutenant
Governor, the Michigan House of Representatives, the Michigan Senate and the members of the
Michigan Congressional Delegation.
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Resolution #12149 May 17, 2012
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Resolution #12149 June 7, 2012
Moved by Taub supported by Long the resolution be adopted.
Moved by Long supported by Taub the General Government Committee Report be accepted.
Discussion followed.
A sufficient majority having voted in favor, the report was accepted.
Moved by Taub supported by Long the resolution be amended to coincide with the recommendation in
the General Government Committee Report.
Vote on amended Report:
AYES: Dywer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River,
Runestad, Scott, Taub, Wolper( Bosnic, Crawford. (16)
NAYS: Gershenson, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (8)
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Moved by Gosselin supported by Taub the resolution be amended as follows:
WHEREAS if an Interlocal Agreement or an Executive Order to which Oakland County is not a
party becomes a vehicle by which the NITC bridge is administratively approved, this could
obligate the taxpayers of Oakland County and other municipalities not a party to such agreement
should a court issue a judgment after the fact and order payment for cost overruns, liabilities or
completion of the infrastructure project
Vote on amendment:
AYES: Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad,
Scott, Taub, Weipert, Bosnic, Crawford, Dwyer. (16)
NAYS: Gershenson, Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack,
Covey. (9)
A sufficient majority having voted in favor the amendment carried.
Discussion followed.
Moved by Woodward supported by Covey the resolution be amended as follows:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports
Governor Rick Snyder's efforts to build the New International Bridge Crossing (NITC) that will
create 10,000 jobs and be a major economic boost to our region's economy.
Discussion followed.
As a point of order, Chairperson Michael Gingell asked if the third amendment was germane to the
resolution.
Judy Cunningham, Corporation Counsel, addressed the Board and stated that the third amendment was
germane to the resolution.
Discussion followed.
Vote on amendment:
AYES: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey,
Gershenson. (9)
NAYS: Gingell, Gosselin, Hoffman, Long, Ailatis, Middleton, Nuccio, Potts, River, Runestad,
Scott, Taub, Weipert, Bosnic, Crawford, Dwyer. (16)
A sufficient majority having not voted in favor, the amendment failed.
Discussion followed.
Vote on resolution, as amended:
AYES: Gosselin, Hoffman, Long, Matis, Middleton, Nuccio. Potts, River, Runestad, Scott, Taub,
Weipert, Bosnic, Crawford, Dwyer, Gingell. (16)
NAYS: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey,
Gershenson. (9)
A sufficient majority having voted in favor, the resolution, as amended was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 June 7,
2012, 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 7th day of June, 2012.
Bill Bullard Jr., Oakland County