HomeMy WebLinkAboutResolutions - 2007.02.01 - 28412Distr
Commissioner Sue Ann Dougl,
Distict # 12
ommissioner Mik0 Gingell
District #3
MISCELLANEOUS RESOLUTION # 07023
BY: Commissioner Eileen Kowa11, District y6, Sue 6i/In Loolitlas, District #12, Mike
Gingell, District #3 1 ///v/ 6.7/ e-m4e,/, 4/-k77 z--w/
IN RE: BOARD OF COMMISSIONERS — SUPPORT FOR SENATE BILL 117
AND HOUSE BILL 4145 AND ABILITY TO RETAIN EXISTING SPEED
LIMITS ON GRAVEL ROADS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #06257 — Support for Senate Bill 248 and Ability
to Retain Existing Speed Limits On Gravel Roads, sponsored by Commissioner Eric
Wilson, District #3, was introduced and unanimously adopted by the Oakland County
Board of Commissioners on December 14,2006; and
WHEREAS SB 248 (and House Substitute Bill H-8) passed both the Michigan House
and Senate with a two-thirds majority vote, given immediate effect and ordered enrolled.
Upon receipt of an enrolled bill, the governor has 14 days to consider the bill; and
WHEREAS the Governor vetoed SB 248; and
WHEREAS Senate Bill 117 and House Bill 4145, introduced on January 30, 2007 L ntain essentially the same language as SB 248 of 2006, with the same goals of keeping
ighi of roads with local officials and ensuring that the safest and most responsible
speed liThits are established within each community; and
WHEREAS the Road Commission for Oaldand County has established April 1,2007 as
the date to begin removing and replacing the posted 25 mph residential districts speed
limit signs, in accordance with the current law which uses access points, provided no new
legislative action is introduced or enacted prior to that date.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby supports the timely passage of legislation contained in SB 117
and BB 4145, and that this legislation be given immediate effect, ordered enrolled and
signed into law by the governor.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward
copies of this adopted resolution to the Oakland County delegation to the Michigan
legislature, the Senate Committee on Transportation, the House Committee on
Transportation, the Road Commission for Oakland County, Governor Jennifer Granhohn
and Oakland County's Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing resolution.
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MISCELLANEOUS RESOLUTION #06257
BY: Commissioners Eric Wilson, District #3, Sue Ann Douglas, District #12, David Woodward, District
#18, David Coulter, District #25
IN RE: BOARD OF COMMISSIONERS — SUPPORT FOR SENATE BILL 248 AND ABILITY TO
RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 85 of 2006, which took effect November 9, 2006, amended the Michigan Vehicle
Code (MCL 257.628 and 257.629) to require that "prima facie" speed limits be set according to the
number of access points (driveways, side streets or intersections) located along a stretch of road; and
WHEREAS Public Act 85 of 2006 also established that speed limits would not be in effect unless they
were posted properly in the appropriate area. If a speed limit sign is not present on the road, the "general
speed limit" of 55 miles per hour applies; and
WHEREAS this could have a negative impact by inappropriately increasing the speed limits on up to 283
gravel roadways within Oakland County, which in many instances has established 25 mile per hour speed
limits on residential gravel roads. The Road Commission for Oakland County is required to remove all of
these signs from the gravel roads; and
WHEREAS Senate Bill 248 enables local officials to retain existing speed limits on gravel roads and to
initiate any future speed limit increases. Keeping oversight of roads with local officials ensures that the
safest and most responsible speed limits are established within each community; and
WHEREAS Senate Bill 248 proposes that if a gravel or dirt road was posted as provided by law before
November 9, 2006, that legally posted speed limit remains in effect unless the city council of a city, the
village council of a village, or a township board of a township within whose limits the gravel or dirt road is
located requests that the county road commission increase that speed limit and the county road
commission determines that the increase is appropriate; and
WHEREAS this proposed language in Senate Bill 248 will sunset on January 1, 2009; and
WHEREAS Senate Bill 248 (and House Substitute Bill H-8) passed both the Michigan House and Senate
with a two-thirds majority vote. The legislation was given immediate effect and ordered enrolled. Upon
receipt of an enrolled bill, the governor has 14 days to consider the bill.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
supports the enactment of Senate Bill 248 and providing local units of government with the ability to retain
existing speed limits on local gravel roads and urges Governor Granholm to sign this legislation allowing
for its immediate implementation.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to Governor Jennifer Granholm, the Oakland County delegation to the Michigan
legislature, the Road Commission for Oakland County and Oakland County's Legislative Lobbyists.
Chairperson, we move the adoption of the foregoing resolution,
ERIC WILSON, DAVID COULTER, SUE ANN
DOUGLAS, CHUCK MOSS, GREG JAMIAN,
THOMAS MIDDLETON, CHARLES PALMER,
HUGH CRAWFORD, CHRISTINE LONG, JOHN
SCOTT, JEFF POTTER, EILEEN KOWALL,
VINCENT GREGORY, BILL BULLARD, MATTIE
HATCHETT, HELAINE ZACK, MARCIA
GERSHENSON, GEORGE SUAREZ, TIM
MELTON, JIM NASH, MICHAEL ROGERS
Moved by Wilson supported by Coulter to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #06257 — BOARD OF COMMISSIONERS — SUPPORT FOR SENATE BILL 248 AND
ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS.
Vote on motion to suspend the rules:
AYES: KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Rogers, Scott, Suarez,
Wilson, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen,
Jamian. (22)
NAYS: Potter. (1)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #06257 — BOARD OF COMMISSIONERS — SUPPORT FOR SENATE
BILL 248 AND ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS CARRIED.
Moved by Wilson supported by Coulter the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez,
Wilson, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchet Jacobsen,
Jamian, KowaII. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Yitaihk Ruth o nson, County Clerk
Resolution #07023 February 1, 2007
Moved by KowaII supported by Gingell to suspend the rules and vote on MISCELLANEOUS
RESOLUTION #07023 — BOARD OF COMMISSIONERS — SUPPORT FOR SENATE BILL 117 AND
HOUSE BILL 4145 AND ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL ROADS.
Vote on motion to suspend the rules:
AYES: Jacobsen, Kowall , Long, Middleton, Potter, Potts, Rogers, Scott, Bullard, Crawford,
Douglas, Gingell, Gosselin. (13)
NAYS: Gregory, Greimel, Hatchett, Nash, Spector, Suarez, Woodward, Zack, Burns, Coulter,
Gershenson. (11)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on
MISCELLANEOUS RESOLUTION #07023 — BOARD OF COMMISSIONERS — SUPPORT FOR SENATE
BILL 117 AND HOUSE BILL 4145 AND ABILITY TO RETAIN EXISTING SPEED LIMITS ON GRAVEL
ROADS carried.
Discussion followed.
Moved by Zack to reconsider the Suspension of the Rules. Chairperson Bill Bullard, Jr. consulted with
Deputy County Clerk James H. Van Leuven and ruled the motion to be out of order.
Discussion followed.
Moved by Spector supported by Zack to refer the resolution to the General Government Committee for
further consideration. Chairperson Bill Bullard, Jr. consulted with Deputy County Clerk James H.
VanLeuven and ruled the motion to be out of order.
Discussion followed.
Moved by Hatchett supported by Zack to amend the resolution to add Commissioner Tim Greimel's name
as co-sponsor of the resolution.
A sufficient majority having voted in favor, the resolution was amended.
Moved by KowaII supported by Gingell the resolution, as amended, be adopted.
AYES: Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson,
Gingell, Gosselin, Gregory. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 February 1, 2007,
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 1st day of February, 2007.
OM NOT MOIR COUNTY EXECUTIVE ACTION