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HomeMy WebLinkAboutResolutions - 1993.11.18 - 23325NOVEMBER 18, 1993 REPORT BY: GENERAL GOVERNMENT COMMITTEE - Donald W. Jensen, Chairperson RE: MISCELLANEOUS RESOLUTION #93238, OPPOSE STATE TRANSFER OF EXPIRED LEASES ON GROUP HOMES USED FOR COMMUNITY MENTAL HEALTH SERVICES TO COUNTIES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution, reports with the recommendation that the resolution be adopted with the following amendment: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes the state policy of withdrawing when leases expire ithout carrying out its responsibility for proper maintenance homes and adherence all applicable statutes and regulations, including the Americans with Disabilities Ac putting the responsibility on counties. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE and MISCELLANEOUS RESOLUTION 1193238 Cosioners Shelley G. Taub, Marilynn Gosling, Charles IN RE: ate Transfer of Expired Leases on Group Homes Used for Community Mental Health Services to Counties TO THE OPTLAND COUNTY BOARD OF COMMISSIONERS Chairporaon, Ladies and Gentlemen: WhEWAS the Michigan Department of Mental Health intends to gradually withdraw from its real estate function and will allow current state leases on residential homes used by Community Mental Health. Services Boards (CMHSBs) to expire; and WHEREAS upon the expiration date of a state lease, the Michigan Department of Mental Health will notify the affected CMHSB of the expiration and that the state will not renew the lease; and WHEREAS the state's withdrawal from leases puts the burden on CMHSBs to assume the obligation and raises numerous questions: (1) What homes are affected by this policy. - all or just those on which Oakland County already holds service provider contracts? (2) The state policy is vague in addressing maintenance and repair responsibilities. (3) Previous experience by CMHSBs indicate that state records on maintenance and repair of dwellings are inadequate, thus hindering the ability to establish future maintenance planning. (4) Leases that are 10 to 15 years old and expire will require a new appraisal to set an updated lease rate. Will the state cover this increased cost? (5) Responsibility for costs of future major maintenance on such as septic systems and wells is unclear. WHEREAS the aforementioned concerns and many others make it leases on Group Homes used counties is not acceptable are fully addressed and BY: abundantly clear that state transfer of for Community Mental Health Services to unless these concerns and questions clarified. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes the state policy of withdrawing when leases expire and putting the responsibility on counties. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Michigan Department of Mental Health and to the Michigan Association of Counties, Chairperson, I move the adoption of the foregoing resolution. . Allen, County Clerk November 18, 1993 Resolution #93238 Moved by Jensen supported by Taub the General Government Committee Report be accepted. Discussion followed. Moved by Kingzett supported by McPherson the resolution be referred back to the General Government Committee. Discussion followed. Vote on Mr. Kingzett's motion: A sufficient majority not having voted therefor, the motion failed. Vote on Mr. Jensen's motion: A sufficient majority having voted therefor, the report was accepted. Moved by Jensen supported by Taub the resolution be amended to coincide with the recommendation of the General Government Committee, i.e. the NOW THEREFORE BE IT RESOLVED paragraph read as follows: "NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners oppc --1 the state policy of withdrawing when leases expire without ,7rying out its responsibility for proper maintenance of 114-,es and adherence to all applicable statutes and regulations, including the 'Hericans with Disabilities Act, and putting the responsibility on counties." A sufficient majority having voted therefor, the motion carried. Vote on resolution, as amended: AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas. (23) NAYS: Kingzett, Pernick. (2) A sufficient majority having voted therefor, the resolution, as amended, 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 November 18, 1993 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 18th day of NovembPr 1993.