HomeMy WebLinkAboutResolutions - 2014.10.08 - 21529REPORT (MISC. #14228) October 8, 2014
BY: General Government Committee, Christine Long, Chairperson
IN RE: MR #14228 - BOARD OF COMMISSIONERS - SUPPORT FOR SENATE BILL 1023
TO RETURN CONTROL FOR THE REGULATION OF FIREWORKS TO LOCAL
GOVERNMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution on
September 29, 2014, reports with the recommendation the resolution be adopted as follows:
"Miscellaneous Resolution #14228
BY: Commissioner Dave Woodward, District #19; Commissioner Mike Bosnic, District #16
RE: BOARD OF COMMISSIONERS - SUPPORT FOR SENATE BILL 1023 TO RETURN
CONTROL FOR THE REGULATION OF FIREWORKS TO LOCAL GOVERNMENTS
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS prior to the enactment of PA 256 of 2011, Michigan granted broad powers to local
governments to regulate the ignition and discharge of fireworks; and
WHEREAS the preemption clause of PA 256 of 2011 prohibits local governments from providing
effective appropriate regulations that citizens are requesting; and
regulation has caused scrious problcms, cspccially in urbanizcel-ar-easan4
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REB----EFREW-Pda-148-14—a-REI—E E4E1-13FEHEI-E1-6-14% El—NE cal govcrnments are unable to
provide adequate remedics; and
WHEREAS the City of Auburn Hills experienced an 88% in
cincc the adoption of PA 256; and
WHEREAS municipalities throughout Oakland County are reporting significant numbers of
fireworks related complaints; and
WHEREAS a "one size fits all" approach to fireworks regulation is clearly not working and a return
to local control would allow appropriate conduct for varying environments to be taken into
account.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
expresses its support for Senate Bill 1023 to return control of fireworks regulation to local
governments.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested
to forward copies of this adopted resolution to Governor Rick Snyder. the Oakland County
delegation to the Michigan Legislature, the Michigan Association of Counties; the
Michigan Press Association and the Oakland County legislative lobbyists."
Chairperson, on behalf of the General Government Committee, I move the acceptance of the
foregoing report.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried on a roll call vote with Crawford and Gosselki vpting no.
Commissioner blav6 Woodward
District # 19
i7/1 iA QL,
Commissioner Mike_
District #/6.7
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Miscellaneous Resolution # 14228
BY: Commissioner Dave Woodward, District #19; Commissioner Mike Bosnic, District #16
RE: BOARD OF COMMISSIONERS — SUPPORT FOR SENATE BILL 1023 TO RETURN
CONTROL FOR THE REGULATION OF FIREWORKS TO LOCAL GOVERNMENTS
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS prior to the enactment of PA 256 of 2011, Michigan granted broad powers to local
governments to regulate the ignition and discharge of fireworks; and
WHEREAS the preemption clause of PA 256 of 2011 prohibits local governments from
providing effective appropriate regulations that citizens are requesting; and
WHEREAS lack of respect of local control has created a situation where the lack of
appropriate regulation has caused serious problems, especially in urbanized areas; and
WHEREAS noise related complaints from fireworks are creating serious problems for citizens,
such as sleep deprivation and decreased productivity, and local governments are unable to
provide adequate remedies; and
WHEREAS the City of Auburn Hills experienced an 88% increase in fireworks related
complaints since the adoption of PA 256; and
WHEREAS municipalities throughout Oakland County are reporting significant numbers of
fireworks related complaints; and
WHEREAS a "one size fits all" approach to fireworks regulation is clearly not working and a
return to local control would allow appropriate conduct for varying environments to be taken
into account.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
expresses its support for Senate Bill 1023 to return control of fireworks regulation to
local governments.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is
requested to forward copies of this adopted resolution to Governor Rick Snyder. the
Oakland County delegation to the Michigan Legislature, the Michigan Association of
Counties; the Michigan PrewAssociation and the Oakland County legislative lobbyists.
Chairp4son/p ove e adit)pt/On of thyfregoing Resolution.
REQUESTING SUSPENSION OF
THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
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Resolution *14228 September 18, 2014
Moved by Woodward supported by Zack to suspend the rules and vote on Miscellaneous Resolution
*14228 — Board of Commissioners — Support for Senate Bill 1023 to Return Control for the Regulation of
Fireworks to Local Governments.
Vote on motion to suspend the rules:
AYES: Hoffman, Jackson, McGillivray, Spisz, Weipert, Woodward, Zack, Bosnic, Dwyer,
Gershenson. (10)
NAYS: Long, Matis, Middleton, Runestad, Scott, Taub, Crawford, Gingell, Gosselin. (9)
A sufficient majority having not voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolution *14228 — Board of Commissioners — Support for Senate Bill 1023 to Return Control for the
Regulation of fireworks to Local Governments failed.
Commissioner Woodward addressed the Board and requested that the Resolution be referred to the
General Government Committee.
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
Resolution #14228 October 8, 2014
Moved by Crawford supported by Zack the resolution be adopted.
Moved by Crawford supported by Zack the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Crawford supported by Zack the resolution be amended to coincide with the recommendation
in the General Government Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles, Runestad,
Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson,
Gingell. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO PVICL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 October 8,
2014, 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 81h day of October 2014.
Lisa Brown, Oakland County