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HomeMy WebLinkAboutResolutions - 2002.05.30 - 26921REPORT (MISC. 102068) May 30, 2002 BY: General Government Committee, William Patterson, Chairperson IN RE: MR #02068 - BOARD OF COMMISSIONERS - PUBLIC HEARINGS REQUIRED BEFORE VOTING ON THE ADOPTION OF AN OAKLAND COUNTY ORDINANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above- titled resolution on May 20, 2002, recommends that the resolution be adopted with the following amendments. - fifth WHEREAS: WHEREAS except as provided in thc Statc Public Hcalth Codc or othcr otatc rcgulationo BY STATE LAW, the Board of Commissioners are neither required nor prohibited from holding a public hearing prior to the adoption of an ordinance; and - NOW THEREFORE BE IT RESOLVED paragraph: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners shall hold a public hearing before the full Board before voting on the adoption of an ordinance, EXCEPT AS PROVIDED BY STATE LAW. - first BE IT FURTHER RESOLVED BE IT FURTHER RESOLVED that the Oakland County Clerk shall publish the notice of the public hearing not less than ten (10) days and not more than sixty (60) days before the date of the public hearing in a newspaper of general circulation in Oakland County, with a copy of the published notice being forwarded to the Board of Commissioners, AND MAIL A COPY OF THE PUBLISHED NOTICE BY CERTIFIED MAIL, AT THE TIME OF PUBLICATION, TO THE CITIES, VILLAGES AND TOWNSHIPS OF OAKLAND COUNTY. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. a21_4421al GENERAL GOVERNMENT COMMI TEE GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. REPORT (MISC. 102068) May 30, 2002 BY: General Government Committee, William Patterson, Chairperson IN RE: MR #02068 - BOARD OF COMMISSIONERS - PUBLIC HEARINGS REQUIRED BEFORE VOTING ON THE ADOPTION OF AN OAKLAND COUNTY ORDINANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above- titled resolution on May 20, 2002, recommends that the resolution be adopted with the following amendments. - fifth WHEREAS: WHEREAS except as provided in thc Statc Public Health Codc or othcr 3tatc rcgulation3 BY STATE LAW, the Board of Commissioners are neither required nor prohibited from holding a public hearing prior to the adoption of an ordinance; and - NOW THEREFORE BE IT RESOLVED paragraph: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners shall hold a public hearing before the full Board before voting on the adoption of an ordinance, EXCEPT AS PROVIDED BY STATE LAW. - first BE IT FURTHER RESOLVED BE IT FURTHER RESOLVED that the Oakland County Clerk shall publish the notice of the public hearing not less than ten (10) days and not more than sixty (60) days before the date of the public hearing in a newspaper of general circulation in Oakland County, with a copy of the published notice being forwarded to the Board of Commissioners, AND MAIL A COPY OF THE PUBLISHED NOTICE BY CERTIFIED MAIL, AT THE TIME OF PUBLICATION, TO THE CITIES, VILLAGES AND TOWNSHIPS OF OAKLAND COUNTY. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. mge,v,e Pcti(k44, GENERAL GOVERNMENT COMMI 1 TEE GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. GENERAL GOVE COMMITTE REPORT (MISC. 102068) May 2, 2002 BY: General Government Committee, William Patterson, Chairperson IN RE: MR #02068 - BOARD OF COMMISSIONERS - PUBLIC HEARINGS REQUIRED BEFORE VOTING ON THE ADOPTION OF AN OAKLAND COUNTY ORDINANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above- titled resolution on April 22, 2002, recommends that the resolution be adopted with the NOW THEREFORE BE IT RESOLVED paragraph amended to insert language as follows. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, EXCEPT AS PROVIDED IN THE STATE PUBLIC HEALTH CODE OR OTHER STATE REGULATIONS, shall hold a public hearing before the full Board before voting on the adoption of an ordinance. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Friedman Appel absent. Miscellaneous Resolution # 02068 BY: Commissioner Peter H. Webster, District #22 RE: Board of Commissioners - Public Hearings Required Before Voting on The Adoption of an Oakland County Ordinance TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Board of Commissioners operates under Public Act 139 of 1973, the Optional Unified Form of County Government; and WHEREAS, Section 45.556(6) of Public Act 139 of 1973, provides that the Board of Commissioners may establish policies to be followed by county government for the conducting of its affairs; and WHEREAS, County Board of Commissioners may adopt ordinances and rules necessary for the conduct of county business; and WHEREAS, the Board of Commissioners are authorized under Public Act 156 of 1851 and other state legislation to designate that a violation of the ordinance is a municipal civil infraction and provide for a civil fine for that violation; and WHEREAS, except as provided in the State Public Health Code or other state regulations, the Board of Commissioners are neither required nor prohibited from holding a public hearing prior to the adoption of an ordinance; and WHEREAS, the holding of a public hearing before the adoption of an ordinance allows the public an opportunity to present data, views, questions and arguments. The effectiveness of the proposed ordinance is likely enhanced when the public has the opportunity to be heard regarding the proposed ordinance; and WHEREAS, the Oakland County Board of Commissioners does not presently have an adopted Board Rule or procedure that requires a public hearing be held before the entire body prior to the adoption of an ordinance. NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners shall hold a public hearing before the full Board before voting on the adoption of an ordinance. BE IT FURTHER RESOLVED THAT the Oakland County Clerk shall publish the notice of the public hearing not less than ten (10) days and not more than sixty (60) days before the date of the public hearing in a newspaper of general circulation in Oakland County, with a copy of the published notice being forwarded to the Board of Commissioners. fvtiL /,6 3 BE IT FURTHER RESOLVED THAT the posting of meeting notices for the public hearin g shall be in compliance with the Open Meetin gs Act. Chairperson, I move the adoption of the fore goin g Resolution. Peter H. Webster District #22 tu,A.4 4 A n,t, n mi _5 74;4 (:L77.N.7/ / gicZkAi-2‘YI / IZAbe /7 -tf-] %s& &_' , , , 1"42" z(,f' 1-12Ac 1:t,72 Resolution #02068 March 14, 2002 The Chairperson referred the resolution to the General Government Committee. There were no objections. Resolution #02068 May 2, 2002 The Chairperson referred the resolution to the General Government Committee. There were no objections. G. William Caddell, County Clerk Resolution #02068 May 30, 2002 Moved by Patterson supported by Palmer the resolution be adopted. Moved by Patterson supported by Palmer the General Government Committee Reports dated May 2, 2002 and May 30, 2002 be accepted. A sufficient majority having voted therefore, the reports were accepted. Moved by Patterson supported by Webster the resolution be amended to coincide with the recommendation in the General Government Committee Report dated May 30, 2002. A sufficient majority having voted therefore, the amendment carried. Vote on resolution, as amended: AYES: Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas. (24) 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 May 30, 2002, 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 30th day of May, 2002.