HomeMy WebLinkAboutResolutions - 1992.03.18 - 20586Miscellaneous Resolution # 92048 March 19, 1992
BY: GENERAL GOVERNMENT COMMITTEE -
Richard G. Skarritt, Chairperson
RE: OAKLAND COUNTY BOARD OF COMMISSIONERS RD1 STUDY COMMITTEE -
FINAL REPORT AND RECOMMENDATIONS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the SEMCOG Regional Development Initiative (RDI) Committee
submitted its final report on October 24, 1991 containing recommendations for
dealing with the negative impacts of growth in the SEMCOG region; and
WHEREAS the Oakland County Board of Commissioners agrees that there is a
need for cooperative efforts in addressing the many complex problems confronting
Southeastern Michigan and that the Oakland County Board of Commissioners has
been and will continue to be a leader and major contributor to such regional
cooperative efforts; and
WHEREAS as a major contributor to those efforts, the Oakland County Board
of Commissioners, by Board Resolution #91232 adopted December 12, 1991,
established a special RDI Study Committee and in the same resolution requested
SEMCOG to halt action on its RDI study until the Oakland County Board of
Commissioners could thoroughly review the proposal; and
WHEREAS the Board's RDI Study Committee has completed its in-depth review
that included a March 5 public hearing and has concluded that SEMCOG's final
RDI report recommendations call for increased taxes, increased regulation,
increased bureaucracy and diminished local home rule; and
WHEREAS the SEMCOG report also requires that all sacrifices be made by
suburban communities, to the benefit of urban communities, with no corresponding
accountability from, or clearly defined benefit to, urban communities; and
WHEREAS all this is occurring at a time when frustration over high taxes,
over-regulation and non-responsiveness of government is increasingly being voiced
by our citizens; and
WHEREAS the SEMCOG RDI Final Report failed to address or examine the
root causes of urban abandonment and deterioration such as crime, inadequate
education, high taxes, environmental degradation or recommend ways in which
suburban communities can assist urbanized communities to help themselves; and
WHEREAS the Board of Commissioners' RDI Study Committee has prepared its
final report recommending certain actions on the part of the SEMCOG General
Assembly.
NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of
Commissioners accepts the Final Report of the Oakland County RDI Study
Committee and directs that copies of said report be sent to SEMCOG, all SEMCOG
member governments and Oakland County Legislators.
BE IT FURTHER RESOLVED that the SEMCOG General Assembly specifically
evaluate those recommendations that are not already SEMCOG policy and pursue
only those deemed to be in the best interests of ALL Southeast Michigan
communities.
BE IT FURTHER RESOLVED that SEMCOG undertake a vigorous review of the
root causes of urban abandonment and deterioration such as crime, inadequate
education, high taxes and environmental degradation and recommend ways in
which communities can help urbanized areas to help themselves.
BE IT FURTHER RESOLVED that the SEMCOG General Assembly reaffirm its
dedication to strong local home rule and continued voluntary cooperative efforts
to address regional problems, and record its opposition to the formation of a
regional government for the Southeast Michigan area.
Mr. Chairperson, on behalf of the General Government Committee, I move
the adoption of the foregoing resolution.
;roe'
ENERAL GOVERNMENT COMMITTEE
NI NG AND BUILDING COMMITTEE
REPORT (Misc. 92048) March 19, 1992
BY: Planning and Building Committee, John E. Olsen, Chairperson
IN RE: Board of Commissioners-RDI Study Committee-Final Report
and Recommendations
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the
above-referenced resolution on March 10, 1992, reports with the
recommendation that the resolution be adopted.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move acceptance of the foregoing report.
OAKLAND COUNTY BOARD OF COMMISSIONERS
RDI STUDY COMMITTEE - FINAL REPORT
March 6, 1992
The following report of the Regional Development Initiative
Study Committee of the Oakland County Board of Commissioners is
submitted in accordance with Miscellaneous Resolution #91232, dated
December 12, 1991.
The committee, composed of six members, three each from the
Board's General Government and Planning and Building Committees,
unanimously agrees with the need for greater cooperative efforts in
addressing the many and complex problems that confront the
Southeast Michigan region. The Oakland County Board of
Commissioners has been and will continue to be a leader and major
contributor to such regional cooperative efforts. It is with this
history and our long association with SEMCOG as a backdrop that the
committee undertook its review of the RDI Final Report.
The committee's deliberations covered several meetings which
included a Public Hearing held March 5, 1992 and a comprehensive
review of SEMCOG's Database and Projections, six Briefing Papers
and Workshop Summaries and the Final Report's Conclusions, Action
Recommendations and Issues for Further Policy Development.
GENERAL COMMENTS:
The Problem Statement which introduced each Briefing Paper and
Workshop identified "Urban Sprawl" in the negative, as a primary
cause of urban and environmental deterioration, resulting from
local land use decisions and government subsidies and tax breaks.
This statement set the tone and parameters for discussion for
each of the six workshops. This was further reinforced by a series
of forty-two "Draft Action Strategies" designed to limit, inhibit
or prohibit "Urban Sprawl" and its negative impacts, as defined in
the Problem Statement.
It is the consensus of the committee that this presetting or
"directing" of the discussion agenda and action strategies limited
the discussion and strategic options available to the RDI Workshop
and committee members. As a result, though the workshops involved
many people, the process did not invite independent, objective
discussion or identification of the problem and/or alternative
solutions.
In this regard, the RDI process served only to advance SEMCOG
staff's predetermined conclusions and draft strategies as modified
in the "Action Recommendations" and "Issues for Further
Development."
As a result of its review, the committee concludes that the
focus might better have been directed towards "Urban Deterioration"
and its causes and how other communities and agencies in the region
can assist in helping urban communities overcome their current
problems.
Therefore, the committee recommends that SEMCOG staff review
and modify its process to encourage a full and open discussion of
alternative problem statements and solutions.
RDI CONCLUSIONS AND RECOMMENDATIONS:
In general, the committee found no strong correlation between
the underlying data and the sixteen conclusions and seven
subsequent "Action Recommendations." (For instance, though the
data clearly indicates that crime and education are the primary
determinants in locational decisions for both businesses and
individuals, neither the word "crime" nor "education" are mentioned
in any of the specific conclusions or action recommendations.)
In addition, SEMCOG staff has indicated that several of the
recommendations represented as resulting from the RDI Study were,
in fact, SEMCOG policy prior to the study. The committee concluded
that the lack of strong correlation and the representation of
previously decided SEMCOG policy as "Action Recommendations" could
be attributed to the predetermination of the problem statement and
action strategies mentioned above.
Though a major conclusion of the report is that the "Business
as Usual" approach is unacceptable, several of the recommendations
are restatements of previously debated and rejected solutions,
e.g., municipal tax base sharing, HB 6010 introduced in 1976, land
use control - HB's 4234 and 5055 introduced in 1973 and 1975, or,
as indicated, current SEMCOG policy.
The committee's specific comments relative to the seven Action
Recommendations follow.
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ACTION RECOMMENDATION #1 -
"A careful analysis must be made of the state and
region's over-reliance on the local property tax, in
order to identify the changes that will be needed to find
a better balance between that tax and other revenue
options. Such a better balance would help bring equity
to public school finance; help diminish the problems of
municipal competition for tax base; and, maintain
traditional municipal services--helping improve the
quality of life for citizens of the metropolitan area by
creating more equity between needed resources and the
ability to pay of the area's citizens. Special
consideration should be given to the benefits of
municipal tax base sharing in balancing public
resources."
There is general agreement that property taxes should be
lowered. This concern is currently being addressed through several
ballot proposals scheduled for the November election.
The terms "ability to pay" and "public resources" should be
clearly defined before any changes in the tax structure are
proposed. This recommendation is clearly designed to redistribute
income based on real or perceived government need. The criteria
for redistribution should also be defined before this
recommendation can be intelligently discussed.
At a time when all communities are facing decreasing federal
and state revenues and struggling to maintain essential services,
the proposal for municipal tax base sharing was seen as a punitive
measure to reduce resources of the suburban communities for the
benefit of urban communities with no plan or accountability to the
taxpayer as to how the money would be spent.
The property tax is the only constitutionally protected,
locally raised tax not subject to arbitrary redistribution, i.e.,
those that are required to pay the tax determine how it is to be
used. The constitutionality of tax base sharing is presently being
challenged in court.
The committee recommends that Recommendation #1 concerning tax
base sharing be rejected.
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ACTION RECOMMENDATION #2
"In order to combat racial discrimination and resegregation in
Southeast Michigan, all communities must adopt and
aggressively support anti-discrimination programs as well as
more effectively enforce existing anti-discrimination laws in
housing and employment. Public and private schools must
implement comprehensive programs that establish racial and
cultural understanding within all elements of the curriculum
of each district, school and classroom."
That racial, ethnic and religious bigotry exists in every area
of the globe is indisputable. It is, and should be, universally
condemned.
The report's conclusions, however, that "Racial discrimination
has been, is, and likely will continue to be the dominant social
factor in Southeast Michgan's pattern of fringe development and
urban abandonment," is not supported by the data which clearly
shows crime and education to be the two most important social
factors affecting locational decisions.
The final report's failure to emphasize and address crime and
education as the two most pressing problems contributing to urban
abandonment and deterioration is inexplicable and inexcusable and
does serious damage to the credibility of the entire RDI effort.
ACTION RECOMMENDATION #3 -
"A set of land use planning guidelines for both regional
reviews and local land use plans must be developed. Such
guidelines should be based on these objectives: (a)
encouraging more compact development that would conserve land
and most efficiently use infrastructure; (b) protecting
environmentally sensitive and agriculturally valuable lands;
(c) improving the balance between location of jobs and housing
and (d) preserving existing infrastructure and encouraging
redevelopment of older/urban communities."
The committee's review strongly suggests that most, if
not all, Oakland County communities have master plans, zoning,
wetland and woodland ordinances to meet their citizens' special
needs. These ordinances are freely shared between communities.
SEMCOG could play an important role in providing information and
assisting communities which may need help in drafting such
ordinances.
Protecting environmentally sensitive lands, preserving
existing infrastructure and redevelopment of urban/older
communities are laudable objectives. Attempting to force people
into high density developments and/or dictating that they must live
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"near" work or where infrastructure currently exists is not a
legitimate function of government in a free society. It certainly
should not be a recommendation of an organization which by its
charter is "a voluntary association of local governments to meet
common regional concerns."
The emphasis in this recommendation seems to be placed on
"What's good for government" not "What's good for people."
Successful implementation of government policy will only be
possible if it meets the needs of the people it purports to serve.
ACTION RECOMMENDATION #4 -
"A mandatory regional planning review process must be created
to review all proposed public and private developments that
would have areawide or community impact."
This recommendation seeks state legislation, tie-barred to
Recommendation #3 which would significantly impact local home rule.
SEMCOG, as a Metropolitan Planning Organization (MPO), is currently
the designated review agency for the disbursement of various
federally funded projects.
This recommendation, if accepted, would extend that mandatory
review process to non-governmentally funded internal community
projects as well as those that may have impacts beyond the host
community's borders. This would confer on SEMCOG powers heretofore
reserved for local home rule governments and is seen by many as a
step towards regional government.
The committee recommends that Recommendation #4 concerning a
regional planning review process be rejected.
ACTION RECOMMENDATION #5 -
"State legislation must require "concurrency" for new
development - that is, necessary roads, sewers and other
infrastructure should already be in place to maintain
acceptable service levels as needed while developments are
completed. In addition, the legislation must enable local
communities to assess impact fees through which development
would pay the true cost of additional municipal capital costs
generated by the development."
"Concurrency" is regarded by many communities as a tool
to better control unwanted or uncontrolled growth in their
communities. A state or regional mandated concurrency raises
concerns, however, that necessary economic growth could be
discouraged and result in unwarranted economic hardship and loss of
jobs throughout the entire SEMCOG region.
5
There is a growing realization that new or re-development does
not always bear its true cost. The ability of a community to
assess impact fees for such developments is considered vital if
taxpayers are to be protected from having to subsidize such
developments.
ACTION RECOMMENDATION #6 -
"Available Federal and State resources must be prioritized to
combat future "urban sprawl" by helping support redevelopment,
maintenance and rehabilitation of older/urban communities -
including use of infrastructure funds, tax abatements,
development incentives and location of government facilities."
"Urban sprawl" is not the primary problem; urban deterioration
is. If throwing money at the problem were the solution, the
problem would have been solved long ago. HUD funds, the Cobo Hall
expansion, Chrysler redevelopment, mass transit subsidies, special
tax provisions and cultural grants are just some examples of
resources targeted to assist the urban core.
Whole neighborhoods have been destroyed in the name of
governmental and private sector initiatives to bring jobs back to
the urban core. Lack of success, mismanagement and ineffective use
of these resources have been the result.
"Quality of Life" issues such as safe streets and good schools
must be addressed first. Providing a safe place to live and work
will encourage businesses to invest.
Fiscal responsibility and cost control must be demonstrated.
Reducing the tax burden and removing unnecessary restrictions on
business are also important. Those institutions that are truly
regional in scope should be governed and supported by a regional
body.
Only when the above measures are in place can a consensus be
reached on specific legislation to target special areas of need.
ACTION RECOMMENDATION #7 -
"The region must revamp its transportation system to meet
regional needs by instituting an areawide tax to fund needed
transportation improvements, including implementation of
public transit alternatives that would enhance and serve the
stabilization of redevelopment of the existing urban areas and
relieve traffic congestion in outlying areas."
6
To suggest an areawide tax to support a regional
transportation system before such a system is even defined or a
specific plan developed is irresponsible. Such a tax will not be
supported by the citizens of this region until such a definition
and plan are developed. SEMCOG should modify its support for such
a tax accordingly.
SUMMARY:
The study and evaluation of regional problems and solutions is
a legitimate function of the SEMCOG organization and should be an
ongoing activity.
As a part of that activity, SEMCOG staff, through the
"Regional Development Initiative," focused participants' attention
on the concept of "urban sprawl," its perceived negative impacts
and provided proposed strategies to combat such perceived negative
impacts.
SEMCOG's final RDI Report recommendations call for increased
taxes, increased regulation, increased bureaucracy, and diminished
local home rule. They also require all sacrifices to be made by
suburban communities to the benefit of urban communities with no
corresponding accountability from, or clearly defined benefit to,
urban communities. All this occurring at a time when frustration
over high taxes, over-regulation and non-responsiveness of
government are increasingly being voiced by our citizens.
The RDI is a useful vehicle for restating previous
recommendations and current SEMCOG policy. It does not, however,
address or examine the root causes of urban abandonment and
deterioration.
The committee recommends that the SEMCOG General Assembly re -
evaluate those recommendations that are not already SEMCOG policy
and pursue only those recommendations deemed to be in the best
interests of ALL Southeast Michigan communities.
Further, the committee recommends that SEMCOG undertake a
vigorous review of the root causes of urban abandonment and
deterioration such as crime, inadequate education, high taxes and
environmental degradation. Such review should include
recommendations for appropriate actions which SEMCOG and its member
communities could take to assist urban communities in overcoming
these problems.
7
d, General Government Committee
es D. FerrCrils, Planning & Building Committee
Finally, the RDI has reintroduced some members' concerns about
SEMCOG's commitment to voluntary, cooperative efforts among local
home rule entities, as opposed to mandatory regulations imposed by
regional institutions or semi-governmental bodies. The committee
recommends that the SEMCOG General Assembly reaffirm its dedication
to strong local home rule and continue voluntary cooperative
efforts to address regional problems, and record its opposition to
the formation of a regional government for the Southeast Michigan
area.
JoWE. Olsen, Co-Chairperson
p4Anning & Building Committee Chairperson
/ 4, /
Richard G. Skarritt, Co-Chairperson
General Government Committee Chairperson
4 , Planning & Building Committee
8
• Resolution # 92048 Page 1 March 19, 1992
Moved by Skarritt supported by Schmid the RDI Study Report be accepted.
Discussion followed.
Moved by Serra supported by McPherson the resolution be laid on the table.
AYES: Jensen, Krause, McPherson, Oaks, Pernick, Price, Serra, Aaron, Ferrens. (9)
NAYS: Gosling, Huntoon, Johnson, Law, McConnell, McCulloch, Millard, Moffitt,
Obrecht, Olsen, Palmer, Schmid, Skarritt, Wolf, Bishop, Caddell, Crake. (17)
A sufficient majority having voted therefor, the motion to table failed.
Discussion followed.
Moved by Skarritt supported by Obrecht the Previous Question be called.
The Chairperson stated a "yes" vote would call the question and those opposed
should vote "no".
The vote was as follows:
AYES: Huntoon, Jensen, Johnson, Law, McConnell, McCulloch, Millard, Moffitt,
Obrecht, Olsen, Palmer, Schmid, Skarritt, Wolf, Bishop, Caddell, Crake. (17)
NAYS: Krause, McPherson, Oaks, Pernick, Price, Serra, Aaron, Ferrens, Gosling. (9)
A sufficient majority having voted therefor, the previous question was called.
Moved by Aaron supported by Serra to strike paragraphs 3 and 4 of the recommendations.
The Chairperson ruled the motion out of order.
Vote on acceptance of the RDI Study Report:
AYES: Johnson, Law, McConnell, McCulloch, Millard, Moffitt, Obrecht, Olsen,
Schmid, Skarritt, Wolf, Bishop, Caddell, Crake, Huntoon. (15)
NAYS: Jensen, Krause, McPherson, Oaks, Palmer, Pernick, Price, Serra, Aaron,
Ferrens, Gosling. (11)
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Schmid the Planning and Building Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Schmid the resolution be adopted.
Discussion followed.
• Resolution # 92048 Page 2 March 19, 1992
Moved by Price supported by Serra the resolution be amended by adding the
following paragraph:
"BE IT FURTHER RESOLVED that the Board of Commissioners finds inconsistent the
report conclusion regarding racial discrimination and comments in recommendation #2."
AYES: Krause, McPherson, Oaks, Pernick, Price, Serra, Aaron, Ferrens, Gosling. (9)
NAYS: Johnson, Law, McConnell, McCulloch, Millard, Moffitt, Obrecht, Olsen,
Palmer, Schmid. Skarritt, Wolf, Bishop, Caddell, Crake, Huntoon, Jensen. (17)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Palmer supported by Price the resolution be amended in the NOW THEREFORE
BE IT RESOLVED paragraph by striking the word "accepts" and insert "receives". The
paragraph would read:
"NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
receives the Final Report of the Oakland County RDI Study Committee and directs
that copies of said report be sent to SEMCOG, all SEMCOG member governments and
Oakland County Legislators."
The vote was as follows:
AYES: Krause, McPherson, Oaks, Palmer, Pernick, Price, Serra, Aaron, Ferrens,
Gosling, Jensen. (11)
NAYS: Law, McConnell, McCulloch, Millard, Moffitt, Obrecht, Olsen, Schmid,
Skarritt. Wolf. Bishop, Caddell, Crake, Huntoon, Johnson. (15)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Price supported by Oaks the resolution be referred back to the General
Government Committee.
AYES: McPherson, Oaks, Pernick, Price, Serra. Aaron, Ferrens, Gosling, Jensen. (9)
NAYS: Law, McConnell, McCulloch, Millard, Moffitt, Obrecht, Olsen, Palmer, Schmid.
Skarritt, Wolf, Bishop, Caddell, Crake, Huntoon, Johnson. (16)
A sufficient majority not having voted therefor, the motion failed.
Moved by Serra supported by Price the resolution be amended in the 1st BE IT
FURTHER RESOLVED paragraph by striking the word "only" so the paragraph would read:
"BE IT FURTHER RESOLVED that the SEMCOG General Assembly specifically evaluate
those recommendations that are not already SEMCOG policy and pursue those deemed
to be in the best interests of ALL Southeast Michigan communities."
A sufficient majority not having voted therefor, the amendment failed.
Resolution # 92048 Page 3' March 19, 1992
Vote on resolution:
AYES: McConnell, McCulloch, Millard, Moffitt, Obrecht, Olsen, Schmid, Skarritt,
Wolf, Bishop, Caddell, Crake, Huntoon, Johnson, Law. (15)
NAYS: McPherson, Oaks, Palmer, Pernick, Price, Serra, Aaron, Ferrens, Gosling,
Jensen, Krause. (11)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, 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 March 19, 1992
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 19th day yi March, 1992 ,
Lynrir. Allen, County Clerk