HomeMy WebLinkAboutResolutions - 2001.11.29 - 26550REPORT (MISC. 101271) November 29, 2001
BY: General Government Committee, William Patterson, Chairperson
IN RE: MR #01271 - SUPPORT OF HB 5187
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-
titled resolution on November 14, 2001, recommends that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I
move acceptance of the foregoing report.
GENERAL GOVE NMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Webster absent.
MISCELLANEOUS RESOLUTION # 0 1 2 7 1
BY: Commissioner Charles Palmer, District #16
IN RE: SUPPORT OF HB 5187
TO: The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the right of local units of government to determine the zoning requirements for
properties within their corporate limits has long been fixed by State Law, and
WHEREAS, Public schools by state law have been exempt from compliance with local zoning
requirements, and
WHEREAS under State law Charter schools are considered Public schools, and
WHEREAS a recent attempt by a Charter school in the City of Clawson to blatantly ignore local
zoning requirements points to the need for amending current State law to require Public schools to comply
with local zoning requirements, and
WHEREAS State Representative John Pappageorge has introduced HB 5187 to require Public
schools to comply with local zoning requirements
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges
the State Legislature to adopt HB 5187
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the entire Oakland
County legislative delegation.
Chairperson, I move the adoption of the foregoing resolution.
Charles E. Palmer, District #16
L91.9 '0N 1119 3SflOH HOUSE BILL No. 5187
October 11, 2001, Introduced by Reps. Pappageorge, Ehardt, Julian, Raczkowski,
DeWeese and Bishop and referred to the Committee on Land Use and Environment.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1263 (MCL 380.1263), as amended by 1990
PA 159.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1263. (1) The board of a school district shall not
2 build a school upon a site without having prior title in fee to
3 the site, a lease for not less than 99 years, or a lease for not
4 less than 50 years from the United States government, or this
00 5 state, or a political subdivision of this state.
lit) 6 (2) The board of a school district shall not build a frame
7 school on a site for which it does not have a title in fee or a
▪ 8 lease for 50 years without securing the privilege of removing the
.J :me 9 school. UJ
1.11.1
Cl,
:D 05529'01 TAV
6 5-6—n rchn Fr-Pr= Ere
Ere EliEre
2
1 (3) The board of a school district OR BOARD OF DIRECTORS OF
2 A PUBLIC SCHOOL ACADEMY shall not design or build a school
3 building to be used for instructional or noninstructional school
4 purposes or design and implement the design for a school site
5 unless the design or construction is in compliance with ALA.
7 388.855-a uf Lhe Mil_higan Compiled Laws 1937 PA 306, MCL 388.851
8 TO 388.855A.
9 .iid elive ju.LibdiLLIufl over the review and appLo-val uf plcc
10 and blauuifiLatiu.ub fur Lhe conLLaLLion, JecunbL.LaLtiun, ui
11 JealudeillIg of schoo u.1.1a.Lny asea to/ J_nbtiactroilai 1:71 nunln-
12 Ell:=-1:3171-1=11:15-e aina LSO
13 buildings. BEGINNING WITH PUBLIC SCHOOLS BUILT OR OCCUPIED AFTER
14 THE EFFECTIVE DATE OF THE 2001 AMENDATORY ACT THAT AMENDED THIS
15 SUBSECTION, ALL OF THE FOLLOWING APPLY TO THE CONSTRUCTION OR
16 LOCATION OF A PUBLIC SCHOOL:
17 (A) ALL LOCAL ZONING LAWS GENERALLY APPLICABLE IN THE JURIS-
18 DICTION WHERE THE PUBLIC SCHOOL WILL BE LOCATED APPLY TO THE
19 LOCATION AND SITING OF THE PUBLIC SCHOOL, AND THE BOARD OF THE
20 SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, OR INTERMEDIATE
21 SCHOOL DISTRICT, OR BOARD OF DIRECTORS OF THE PUBLIC SCHOOL ACAD-
22 EMY, THAT WILL OPERATE THE SCHOOL SHALL ENSURE THAT THE LOCATION
23 AND SITING OF THE PUBLIC SCHOOL COMPLY WITH THOSE LOCAL ZONING
24 LAWS.
25 (B) AT LEAST 30 DAYS BEFORE COMMENCING CONSTRUCTION OF THE
26 PUBLIC SCHOOL, OR BEFORE OCCUPYING AN EXISTING BUILDING FOR
27 PUBLIC SCHOOL PURPOSES, THE BOARD OF THE _SCHOOL DISTRICT, LOCAL
05529'01
3
1 ACT SCHOOL DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT, OR BOARD OF
2 DIRECTORS OF THE PUBLIC SCHOOL ACADEMY, THAT WILL OPERATE THE
3 SCHOOL SHALL NOTIFY ALL RESIDENTS RESIDING WITHIN 1,500 FEET OF
4 THE SITE OF THE INTENT TO CONSTRUCT OR OCCUPY THE BUILDING FOR
5 PUBLIC SCHOOL PURPOSES. THE NOTIFICATION SHALL INCLUDE A COPY OF
6 THE SITE PLAN.
Final page. TAV 05529'01
Resolution #01271 October 11, 2001
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
Resolution #01271 November 29, 2001
Moved by Patterson supported by Palmer the General Government Committee
Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Webster the resolution be adopted.
Moved by Douglas supported by Dingeldey the resolution be amended in the
NOW THEREFORE BE IT RESOLVED paragraph to strike " urges the State Legislature
to adopt House Bill 5187 and insert " supports the concept of House Bill 5187" to
read as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
supports the concept of House Bill 5187.
A sufficient majority having voted therefore, the amendment carried.
Vote on resolution as amended:
AYES: Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory,
Law, McPherson, Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub,
Webster, Appel, Brian, Buckley, Causey-Mitchell. (21)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended,
was adopted.
,
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 29, 2001 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 2914 day/tf November, 2001.
G. William Caddell, County Clerk