HomeMy WebLinkAboutMinutes - 2009.11.30 - 36402CHRISTINE LONG
Chairperson
SHELLEY TAUB
Vice Chairperson
MARCIA GERSHENSON
Minority Vice Chairperson
November 30, 2009
Chairperson Long called the meeting of the General Government Committee to order at 9:32 a.m. in
Committee Room A of the Commissioners’ Auditorium Wing, County Service Center, Pontiac,
Michigan.
COMMITTEE MEMBERS PRESENT :
Christine Long, Shelley Taub, Marcia Gershenson, Jeff Potter, Bradford Jacobsen, David Potts, Kim
Capello, Jim Runestad, Mattie Hatchett, Jim Nash, Gary McGillivray, Steve Schwartz
COMMITTEE MEMBERS ABSENT:
None.
OTHERS PRESENT
DISTRICT COURT 52-3 Renee Gillert, Administrator
EXECUTIVE OFFICE Gerald Poisson, Deputy
Robert Daddow, Deputy
Phil Bertolini, Deputy Executive, CIO
HEALTH & HUMAN SERVICES George Miller, Director
ORCHARD LAKE VILLAGE (city of) Bruce McIntyre, Mayor
ORION TOWNSHIP Matthew Gibb, Supervisor
SMART Jim Fetzer, Deputy Manager of Operations
Ron Evans, Ombudsperson
DETROIT FREE PRESS John Wisely, Reporter
DETROIT NEWS Jennifer Chambers, Reporter
NORTH OAKLAND TRANS. AUTHORITY Patricia Fitchena, Director
JoAnn Van Tassel, Chair
OLDER PERSONS COM. – ROCHESTER/
ROCHESTER HILLS/OAKLAND TWP. Marye Miller, Executive Director
OLHSA Ron Borngesser, CEO
WOMEN’S COMMISSION Joni Hubred Gold, Chair
Laurie Renchik
Wanda Lohmeier
OTHERS Nicolas Camargo, Attorney
Jim Weidman
Gerald Goldberg
OAKLAND COUNTY BOARD OF COMMISSIONERS
1200 N. TELEGRAPH ROAD, PONTIAC, MI 48341-0475
Telephone (248) 858 -0100 FAX (248) 858 -1572
GENERAL GOVERNMENT COMMITTEE
Jeff Potter
Bradford Jacobsen
David Potts
Kim Capello
Jim Runestad
Mattie Hatchett
Jim Nash
Gary McGillivray
Steve Schwartz
GENERAL GOVERNMENT COMMITTEE Page 2
November 30, 2009
Deborah Goldberg
OTHERS PRESENT CONTINUED
BOARD OF COMMISSIONERS John Scott, District #5
Sue Ann Douglas, District #12
Larry Doyle, Administrative Direct or
Sheryl Mitchell, Senior Analyst
Harvey Wedell, Senior Analyst
Helen Hanger, Sr. Committee Coordinator
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
The following individuals spoke in regards to the agenda items pertaining to a transportation millage
(items 6-9): Megan Owens, Jim Weidman, JoAnn Van Tassel, Matthew Gibb, Steve Brock, Marye
Miller, Patricia Fitchena, County Commissioner Sue Douglas.
APPROVAL OF THE PREVIOUS MINUTES
Jacobsen moved approval of the minutes of November 2 , 2009 and November 12, 2009 as
printed. Supported by McGillivray.
Motion carried on a voice vote.
1. BOARD OF COMMISSIONERS – APPROVAL OF 52ND DISTRICT COURT MAGISTRATE
NICOLAS CAMARGO
The 52nd District Court is requesting approval of the appointme nt of Nicolas Camargo to act as a
magistrate. This action is required pursuant to MCL 600.8501(1) requir ing all magistrate
appointments be approved by the Board of Commissioners.
Taub moved approval of the attached suggested resolution. Supported by Jacobsen.
Motion carried unan imously on a roll call vote .
2. WOMEN’S COMMISSION FOR OAKLAND COUNTY – 2009 PROGRESS REPORT
Pursuant to MR #09001 the Women’s Commission has submitted its progress report for calendar
year 2009. Brief overviews on the acti vities of the four subcommittees of Economic Autonomy,
Health and Wellness, Leadership and Women against Violence were presented were presented.
Additional information is contained in the written report as presented.
Jacobsen moved to report to recommend acceptance of the Women’s Commission for
Oakland County – 2009 Progress Report. Supported by Gershenson.
Motion carried unanimously on a roll call vote.
3. APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS AND AUTHORITIES
Various appointments for January , 2010 were considered. Applications were accepted through
November 18, 2009 via the Board’s website and press releases were provided to various
GENERAL GOVERNMENT COMMITTEE Page 3
November 30, 2009
publications for positions on the Area Agency on Aging, Building Authority, Parks and Recreation
Commission and the Retirement Commission. Several other appointments involving county
commissioners and executive staff were considered s for the Airport Committee, Parks and
Recreation and the Southeast Michigan Council of Governments.
Taub moved to report to recommend the following appointments .
AIRPORT COMMITTEE (One -Year Term: 1/01/10 - 12/31/10)
Christine Long, Tom Middleton, John Scott, Tim Burns (minority party member),
David VanderVeen (Executive Designee)
AREA AGENCY ON AGING (Two -Year Term: 1/01/10 - 12/31/11)
Jan Dolan (Older Adult Representative)
BUILDING AUTHORITY (Three Year Term: 1/01/10 - 12/31/12)
Harvey Wedell
PARKS & RECREATION COMMISSION (Three -Year Term: 1/01/10 - 12/31/12)
Charles Palmer
John Scott (Commissioner’s seat)
RETIREMENT COMMISSION (Four-Year Term: 1/01/10 - 12/31/13)
D’Arcy A. Gonzales
SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) (One -Year Term:
1/01/10 - 12/31/10)
Delegates Alternates
L. Brooks Patterson David VanderVeen
Jeff Potter Doug Smith
Christine Long David Potts
John Scott Tim Greimel
Eric Coleman Marcia Gershenson
Jim Nash David Coulter
Supported by Jacobsen.
Roll Call:
Ayes: Potter, Jacobsen, Potts, Capello, Runestad, Taub, Long
Nays: Hatchett, Nash, McGillivray, Schwartz Gershenson
Motion carried.
4. BOARD OF COMMISSIONERS’ STANDING COMMITTEE MEMBERSHIP FOR 2010
Pursuant to the 2009 Adopted Board Rules, standing committee memberships must be approved
on an annual basis.
McGillivray moved to report to recommend the following standing committee structure for
2010. Supported by Jacobsen.
GENERAL GOVERNMENT COMMITTEE Page 4
November 30, 2009
FINANCE COMMITTEE: Middleton (Chair), Gingell (Vice Chair), Greimel (Minority
Vice Chair), Douglas, Long, Potter, Potts, Taub, Zack, Coulter, Woodward
GENERAL GOVERNMENT COMMITTEE : Long (Chair), Taub, (Vice Chair),
Gershenson, (Minority Vice Chair), Scott, Jacobsen, Potts, Capello, Runestad,
Hatchett, Nash, McGillivray, Schwartz
HUMAN RESOURCES COMMITTEE : Douglas (Chair), Capello (Vice Chair),
Coleman (Minority Vice Chair), Middleton, Potter, Gos selin, Gingell, Hatchett,
Jackson
PLANNING AND BUILDING COMMITTEE : Scott (Chair), Gosselin (Vice Chair),
Nash (Minority Vice Chair), Jacobsen, Capello, Runestad, Burns, Schwartz
PUBLIC SERVICES COMMITTEE : Potter (Chair), Runestad (Vice Chair), Burns
(Minority Vice Chair), Middleton, Potts, Taub, Zack, McGillivray
Motion carried unanimously on a roll call vote.
5. BOARD OF COMMISSIONERS – 2010 RULES FOR THE OAKLAND COUNTY BOARD
OF COMMISSIONERS
The proposed 2010 Board Rules were presented and considere d.
Potter moved to report to recommend the adoption of the 2010 Board of Commissioners
Rules with no changes from the 2009 Board of Commissioners’ Rules. Supported by
Jacobsen.
Motion carried on a roll call vote with Gershenson voting no.
6. BOARD OF COMMISSIONERS – 2010 AUTHORIZATION FOR COUNTY -WIDE
REFERENDUM ON SMART BUS MILLAGE (SUBSTITUTE PROPOSAL FOR MR #09234)
Commissioner Schwartz offered a substitute resolution to replace MR #09234 (see item 8 below).
The resolution would provide for a Cou nty-wide referendum on SMART bus millage next August to
establish a .54 millage rate to be levied each December for a two -year period for services to be
provided December 1, 2010 through November 30, 2012. The County Clerk would be directed to
do all things necessary to place the question on the ballot . Commissioner Schwartz presented
information on this proposal in conjunction with material provided to the Committee. Mr. Poisson
reviewed the County Executive’s position opposing this proposal in conjunction with his memo of
November 23, 2009 as provided to the committee.
Schwartz moved to recommend approval of the suggested resolution. Supported by Nash.
Roll Call:
Ayes: Hatchett, Nash, McGillivray, Schwartz, Gershenson, Potts
Nays: Runestad, Taub, Potter, Jacobsen, Capello, Long
Motion failed.
GENERAL GOVERNMENT COMMITTEE Page 5
November 30, 2009
7. MR #09233 – BOARD OF COMMISSIONERS – ESTABLISHING SUBURBAN PUBLIC
TRANSPORTATION AUTHORITY AND AUTHORIZING COUNTYWIDE MILLAGE TO BE
PLACED ON 2010 ELECTION BALLOT
The resolution was introduced by Co mmissioner Schwartz and would establish a Suburban Public
Transportation Authority, adopt the Articles of Incorporation Articles of Incorporation and authorize
the placing of a proposition before the voters on August 3, 2010 to establish a .50 millage rate for
the years 2010-2012 to support public transportation throughout Oakland County. The County
Clerk would be directed to do all things necessary to place the question on the ballot.
The resolution was not moved.
8. MR #09234 – BOARD OF COMMISSIONERS – TRANSPORTATION MILLAGE
REFERENDUM 2010
The resolution was introduced by Commissioner Schwartz and would authorize the placing of a
proposition before the voters on August 3, 2010 to establish a .50 millage rate for the years 2010 -
2012 to support and improve public transportation throughout Oakland County through the issuance
of revenue bonds. The County Clerk would be directed to do all things necessary to place the
question on the ballot and the County’s Corporation Counsel would be directed to prepar e an
enabling ordinance, in accordance with the Revenue Bond Act, contingent upon adoption of the
referendum.
The resolution was not moved.
9. MR #09259 – ACT 196 PUBLIC TRANSPORTATION AUTHORITY – MILLAGE REQUEST
FOR AUGUST 3, 2010 BALLOT
The resolution was introduced by Commissioner Scott and would authorize the Oakland County
Public Transportation Authority (OCPTA) to utilize Section 18 of Act 196 for the purpose of placing
before the voters residing in the OCPTA area the proposition of establishing a .59 millage rate for
the years 2010-2013 to support public transportation within the OCPTA area. The County Clerk
would be directed to do all things necessary to place the question on the ballot. The proposition
form would reflect the withdrawal or addition of political subdivisions from or to the Authority. The
proposition would be placed on the august 3, 2010 primary election ballot.
Roll Call:
Ayes: Taub, Potter, Jacobsen, Potts, Capello, Runestad, Long
Nays: Hatchett, Nash, McGillivray, Schwartz, Gershenson
Motion carried.
Jacobsen moved to directly refer this resolution to the Finance Committee pursuant to
Board Rule XII.E. Supported by Taub.
Motion carried on a voice vote.
GENERAL GOVERNMENT COMMITTEE Page 6
November 30, 2009
10. MR #09283 – BOARD OF COMMISSIONERS – SUPPORT FOR THE ALLOCAT ION OF
STATE AND FEDERAL TRANSPORTATION FUNDS BY POPULATION
The resolution was introduced by Commissioner Taub and urges the State Legislature to pass, and
the Governor to sign, House Bill (HB) 4608, providing for immediate effect. HB 4608 would amend
Act 204 of 1967 to require that the Regional Transit Coordinating Council (RTCC) designate
distribution of federal and state formula funds by using the state and federal statutes and
regulations applicable at the time of distribution as if the designated sub recipients or direct
recipients were allowed to and did apply for federal and state formula funds independently of each
other. The RTCC includes the City of Detroit and the counties of Wayne, Oakland, Macomb and
Monroe. The Suburban Mobility Authority for Regional Transportation (SMART) is the authority
representing the member counties. The distribution formula established at the RTCC’s inception in
1989 remains at 65% to the City having a population over 750,000 and 35% to SMART. SMART
member counties have a population of 3 million. This formula has resulted in a net loss to SMART
and its member counties of over $115 million since 1993. Act 204 requires the RTCC to act only
by a unanimous vote and City of Detroit members are unwilling to modify the al location formula.
The resolution further directs the Board of Commissioners’ lobbyist to undertake all reasonable
efforts to facilitate the speedy adoption of HB 4608.
Taub moved to report to recommend approval of the attached suggested resolution.
Supported by Runestad.
Taub moved to report to amend the resolution as follows.
12th WHEREAS: Insert “Senate Bill 988” following the words “House Bill 4608.”
NOW THEREFORE: Insert “SB 988” following the words “HB 4608.”
1st BE IT FURTHER : Insert “SB 988” following the words “HB 4608.”
Supported by Long.
Motion carried on a voice vote.
Schwartz moved to report to amend the resolution as follows:
Title: BOARD OF COMMISSIONERS – SUPPORT FOR THE ALLOCATION OF
STATE AND FEDERAL TRANSPORTATION FUNDS BY POPULATION
6th WHEREAS: WHEREAS pursuant to section 4a (4) of Act 204 the RTCC articles
of incorporation set forth the allocation between the city and the authority
representing the counties of any grants applied for state and/or federal funds
distributed by the RTCC; and
8th WHEREAS : WHEREAS the continued application of the 65/35 allocation formula
has resulted in a net loss to SMART and its member counties of over $115 million
since 1993 when compared to the amount of grants funds SMART would have
qualified for had its share been determined using the state and federal statutes and
regulations applicable at the time of distribution as if the designated subrecipients or
direct recipients were allowed to and did apply for federal and state formula fun ds
GENERAL GOVERNMENT COMMITTEE Page 7
November 30, 2009
independently of each other and the RTCC; and
Supported by Taub.
Motion carried on a voice vote.
Main motion, as amended, carried unanimously on a roll call vote.
11. MR #09282 – BOARD OF COMMISSIONERS – SUPPORT FOR PROTECTING SECTION
20J FUNDS FOR OAKLAND COUNTY SCHOOL DISTRICTS
The resolution was introduced by Commissioners Taub and Gershenson and urges the Governor
and the State Legislature to preserve and protect 20j funding for local schools.
Taub moved to report to recommend approval of th e attached suggested resolution.
Supported by Gershenson.
Schwartz moved to amend the resolution as follows.
Amend the BY: line to include: “Steve Schwartz, District #14; Jim Runestad, District
#6; Kim Capello, District #9; Gary McGillivray, District #24
Strike the 7 th WHEREAS and insert the following WHEREAS (language from MR
#09287): WHEREAS in Oakland County these reductions for “20J” School Districts
include: Birmingham ($957,520), Royal Oak ($1,347,794), Southfield ($1,282,239),
Avondale ($1,117,251), Bloomfield Hills ($614,201), Clarenceville ($563,293), Novi
($1,695,421), Troy ($2,961,023), West Bloomfield ($1,738,614), Farmington
($2,205,325), Lamphere ($455,738) and Walled Lake ($4,479,393); and
Insert the following as the 1 st BE IT FURTHER RESOLVED (language from MR
#09287): BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners requests that the State Legislature and Governor Granholm adopt a
budget process that allows public school districts to know what their State fundi ng is
prior to July June 1 of each year.
Supported by Taub.
Motion carried on a voice vote.
McGillivray moved to report to amend the resolution as follows.
Insert the following (language from MR #09 287) as the 6th WHEREAS: WHEREAS “20J”
School Districts received an additional reduction in State funding, in excess of the $165 per
pupil and $127 per pupil reductions; and
Supported by Taub.
Motion carried on a voice vote.
Main motion, as amended, carried unanimously on a roll call vote.
GENERAL GOVERNMENT COMMITTEE Page 8
November 30, 2009
12. MR #09287 – BOARD OF COMMISSIONERS – SCHOOL FUNDING
The resolution was introduced by Commissioner Schwartz and urges the State Legislature to
restore 20j funding for local schools and to adopt a budget process that allows public school
districts to know what their state funding is prior to July 1 of each year.
The resolution was not moved (language was taken from this resolution and combined with
item 11).
13. MR #09260 – BOARD OF COMMISSIONERS – SUPPORT FOR HR 3745 – THE
COMMUNITY ACCESS PRESERVATION ACT
The resolution was introduced by Commissioner Greimel and supports immediate passage of HR
3745 by the U.S. Congress, asking that Oakland County’s Congressional delegation take all
possible actions in support of its rapid passage.
Schwartz moved to repo rt to recommend approval of the attached suggested resolution.
Supported by Nash.
Jacobsen moved to report to amend the resolution to change “Community Media Network
(CMN) and all references to CMN to “Local Public Access Cable Channels.” Supported by
Nash.
Motion carried on a voice vote.
Hatchett moved to postpone action on the resolution until the next General Government
Committee meeting on January 11, 2010. Supported by Taub.
Motion carried on a voice vote.
AGENDA
Long moved to amend the ag enda to add MR #09261 as item 14. Supported by Jacobsen.
Motion carried on a voice vote.
14. MR #09261 – BOARD OF COMMISSIONERS – SUPPORT FOR SB 750 AND HB 5213
The resolution was introduced by Commissioner Greimel in support of Senate Bill 750 and House
Bill 5213 both of which would allow seizing agencies to expedite forfeiture proceedings on
buildings/structures used for drug-related crimes after obtaining the approval of county prosecutors
or the state attorney general, on the basis that the forfe ited building/structure presents a health or
safety risk, while ensuring that those who own or have another legal interest in the real property are
still provided with adequate due process protections. The forfeited property could then be disposed
of in various ways, including demolition, historic preservation, conversion to a park or natural area,
conveyance to state or local government or to a non -profit or to house facilities that provide
substance abuse treatment, drug resistance or crime prevention ed ucation, job training skills or to
house displaced individuals within the community due to drug crimes.
Nash moved to report to recommend approval of the attached suggested resolution.
GENERAL GOVERNMENT COMMITTEE Page 9
November 30, 2009
Supported by Potts.
Motion carried on a roll call vote with Taub an d Runestad voting no.
COMMUNICATIONS
A. Michigan Department of Human Services Board – Oakland County Minutes – 8/25/09
B. Michigan Department of Human Services Board – Oakland County Minutes – 9/22/09
C. Oakland County Library Board Minutes – 8/26/09
D. Oakland County Library Board Minutes – 9/23/09
E. Board of Road Commissioners for Oakland County Minutes – 10/22/09
F. Board of Road Commissioners for Oakland County Minutes – 11/05/09
G. Oakland County Airport Committee – 7/30/09
H. Health and Human Services – Homeland Security Division – 2009-2010 Hazardous
Materials Emergency Preparedness (HMEP) Grant Application
I. MSU Extension – Oakland County Extension Leadership Council Minutes – 10/27/09
McGillivray moved to receive and file the communications. Supported by Hatchett.
Motion carried on a voice vote.
OTHER BUSINESS/ADJOURNMENT
There being no other business to come before the committee, the meeting was adjourned at 1:23
p.m.
______________________________ _______________________________
Helen A. Hanger Lawrence Doyle
Sr. Committee Coordinator Administrative Director
NOTE: The foregoing minutes are subject to Committee approval.