HomeMy WebLinkAboutResolutions - 2017.01.11 - 22739REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
MISCELLANEOUS RESOLUTION #17002
BY: Commissioner Michael J. Gingell, District #1, Commissioner Gary R. McGillivray, District #20,
Commissioner Bob Hoffman, District #2, Commissioner Shelley Taub, District #12, Commissioner David
Bowman, District #10, Commissioner Wade Fleming, District #16, Commissioner Adam Kochenderfer,
District #15, Commissioner Marcia Gershenson, District #13, Commissioner Bill Dwyer, District #14,
Commissioner Tom J. Berman, District #5, Commissioner Eileen KowaII, District #6, Commissioner David
Woodward, District #19
IN RE: BOARD OF COMMISSIONERS — NOTICE OF CANCELLATION OF CONTRACTUAL
AGREEMENT WITH THE AREA AGENCY ON AGING 1-B
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Area Agency on Aging 1-B (AAA 1-B) was established in 1974 in response to the 1973
amendments to the Older Americans Act (OAA), which called for the creation of regional planning and
allocation agencies to bring structure to the delivery of social and nutritional services to older adults; and
WHEREAS the AAA 1-B works in partnership with the Aging and Adult Services Agency of Michigan
formed under the Older Michiganians Act of 1981; and
WHEREAS the AAA 1-B is a non-profit organization that is responsible for services to Michigan residents
age 60 and older residing in Livingston, Macomb, Monroe, Oakland, St. Clair, and Washtenaw counties;
and
WHEREAS the AAA 1-B has provided supportive services for Oakland County seniors since 1974; and
WHEREAS the Oakland County Board of Commissioners (BOC) has appropriated annual funds to
support the AAA 1-B since inception in 1974; and
WHEREAS Oakland County has provided more than $2 million in funding to AAA 1-B in the last ten
years; and
WHEREAS the terms and conditions of Oakland County's financial support of AAA 1-B are contained in a
contractual agreement that expires on September 30, 2017, unless otherwise cancelled under the terms
of the contract; and
WHEREAS a County Commissioner representing each of the six member counties is appointed by their
respective County Board of Commissioners as a member of the Governing Board of AAA 1-B; and
WHEREAS the Governing Board of AAA1-B, through their outside counsel, have notified County
Commissioner appointees that they will be excluded from AAA 1-B meetings and leadership decisions
until they are appointed by their Board of Commissioners for the current term of office; and
WHEREAS under Michigan law, County Commissioners commence their term of office on January 1 st
and the first available meeting of the County Board of Commissioners to appoint a representative to MA
1-B is often more than a week later; and
WHEREAS ignoring the objections of County Commissioner appointees, the Governing Board of AAA 1-B
proceeded with business critical to the leadership and management of AAA 1-B at the commencement of
the new term of office, scheduling a closed session on January 3, 2017; and
WHEREAS due to the timing of this special meeting, 6 members (more than 30%) of the 19 member
Governing Board were excluded from participating in this important meeting; and
WHEREAS the actions of the Governing Board during this period of time coincide with the resignation of
the longtime Chief Executive Officer of AAA 1-B; and
WHEREAS the actions of the Governing Board demonstrate a lack of respect for the elected officials of
member Counties and a lack of appreciation for the long term financial support provided by member
County governments; and
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners directs that written
notice be provided to the administration of the Area Agency on Aging 1-B of the intent of Oakland County
to exercise their right to cancel the contractual agreement between the County and MA 1-B upon 90
days' notice.
BE IT FURTHER RESOLVED the Oakland County Board of Commissioners reserves the right to
withdraw this cancelation upon receiving a full and complete report from the leadership of AAA 1-B
regarding their strategic plan and actions taken to amend the policies, procedures and by-laws of AAA 1-
B to ensure that the elected representatives of the member Counties shall not be excluded from the
business of the Governing Board in the future.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairman
of the Board to withdraw this notice of cancelation should the leadership of AAA 1-B successfully address
the conditions of this resolution.
BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to forward a copy of this
resolution to the Director of the Michigan Aging & Adult Services Agency, the Interim Chief Executive
Officer of the Area Agency on Aging 1-B (AAA 1-B), the Chairperson of the Governing Board of Directors
of AAA 1-B, and the Chairpersons of the Macomb, Washtenaw, Livingston, Monroe and St. Clair County
Board of Commissioners.
Chairperson, I move the adoption of the foregoing Resolution.
CorinirryrriHriCdclii cl:n enderfer
District #15
Ornrnissionerffin DwYer
District #14
ii-
commissioner Eileen Kowall
District #6
Commissioner Marcia/Gershenson
District #13
Commissi1 rMr Tom J. Berman
Dig% #5
miSsioner David Woodw
District #19
J Aat-fr-gg Commissioner
District #
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issio er
rict #
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Commissioner David Bowman
District #10
Commissioner Commissioner
District #
District #
Commissioner Commissioner
District # District #
Resolution #17002 January 11,2017
Moved by Gingell supported by Woodward to suspend the rules and vote on Miscellaneous Resolution
#17002 — Board of Commissioners — Notice of Cancellation of Contractual Agreement with the Area
Agency on Aging 1-B.
Vote on motion to suspend rules:
AYES: Tietz, Weipert, Woodward, Zack, Berman, Bowman, Dwyer, Fleming, Gershenson,
Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz,
Taub. (20).
NAYS: None. (0)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on #17002 — Board of
Commissioners — Notice of Cancellation of Contractual Agreement with the Area Agency on Aging 1-B
carried.
Moved by Gingell supported by Woodward the resolution be adopted.
Vote on resolution:
AYES: Weipert, Woodward, Zack, Berman, Bowman, Dwyer, Fleming, Gershenson, Gingell,
Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz Taub,
Tietz. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
GERALD 0 SSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PLIRSWANT TO MCI 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 January 11,
2017, 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 1 th day of January, 2017.
Lisa Brown, Oakland County