HomeMy WebLinkAboutMinutes - 2012.03.27 - 7848202
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 27, 2012
Meeting called to order by Chairperson Michael Gingell at 8:57 p.m. in the Courthouse Auditorium, 1200
N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Bosnic, Covey, Crawford, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Taub, Weipert, Woodward, Zack. (20)
EXCUSED ABSENCE WITH NOTICE: Dwyer, Hatchett, McGillivray, Scott. (4) ABSENT: None. (0)
Quorum present.
Chairperson Michael Gingell addressed the Board regarding the absence of Commissioner Hatchett, as
she is representing Oakland County at the Michigan Association of Counties Conference.
Invocation given by Jim Runestad.
Pledge of Allegiance to the Flag.
Moved by Taub supported by Woodward the agenda be amended as follows: Remove item 9. Reports of Standing Committees.
Vote on Agenda, as amended:
AYES: Bosnic, Covey, Crawford, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Taub, Weipert, Woodward, Zack. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the agenda, as amended was approved.
The following people addressed the Board during public comment: Clarence Archibald III, Brad Handler, Randy Carr, Donald Watkins, Adam Randall, Commissioner Zack, Commissioner Potts and
Commissioner Covey.
Commissioner Potts addressed the Board requesting that the Michigan Supreme Court Order dated March 26, 2012 be entered into the record.
Chairperson Michael Gingell addressed the Board allowing the Michigan Supreme Court Order dated
March 26, 2012 to be entered into the record.
Commissioner Woodward addressed the Board to object to the Michigan Supreme Court Order dated March 26, 2012 being entered into the record.
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Discussion followed.
Moved by Woodward supported by Quarles to object having the record acknowledge the Michigan Supreme Court Order dated March 26, 2012.
Vote on objection:
AYES: Gershenson, Jackson, Nash, Quarles, Woodward, Zack. (6) NAYS: Crawford, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, Runestad,
Taub, Weipert, Bosnic, Covey. (14)
A sufficient majority having not voted in favor, the objection to the records acknowledging the Michigan Supreme Court Order dated March 26, 2012 failed.
Copy of the Michigan Supreme Court Order dated March 26, 2012 was received and filed.
Moved by Taub supported by Long the appointment of Angela River to County Commissioner District #11
until December 31, 2012 be confirmed.
Chairperson Michael Gingell asked if there were any other nominations.
Moved by Gershenson supported by Zack the appointment of Alexandria Riley to County Commissioner District #11 until December 31, 2012 be confirmed.
Commissioner Woodward objected to the nomination of Angela River as a violation of the Board rules
established by Miscellaneous Resolution #7346 – Filling of Commissioner Vacancy.
Discussion followed.
Chairperson Michael Gingell called a brief recess.
Chairperson Michael Gingell called the Board back to order.
Chairperson Michael Gingell overruled Commissioner Woodward’s objection.
Moved by Woodward supported by Nash to challenge Chairperson Michael Gingell’s objection.
Vote on challenge: AYES: Gershenson, Jackson, Nash, Quarles, Woodward, Zack, Covey. (7)
NAYS: Crawford, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, Runestad, Taub, Weipert, Bosnic. (13)
A sufficient majority having not voted in favor, the challenge of Chairperson Michael Gingell’s objection
failed.
Discussion followed.
Commissioner Quarles addressed the Board requesting Alexandria Riley and Angela River to introduce themselves.
Chairperson Michael Gingell addressed the Board to introduce Alexandria Riley.
Alexandria Riley addressed the Board.
Chairperson Michael Gingell addressed the Board to introduce Angela River.
Angela River addressed the Board.
Commissioners Minutes Continued. March 27, 2012
204
Vote on appointment, listing the Commissioner and their selection of candidate in parenthesis:
Gershenson (Riley), Gingell (River), Gosselin (River), Hoffman (River), Jackson (Riley), Long (River), Matis (River), Middleton (River), Nash (Riley), Nuccio (River), Potts (River), Quarles (Riley), Runestad
(River), Taub (River), Weipert (River), Woodward (Riley), Zack (Riley), Bosnic (River), Covey (Riley), Crawford (River).
Summary of votes: River (13), Riley (7).
A sufficient majority having voted in favor, the appointment of Angela River to County Commissioner
District #11 until December 31, 2012 was confirmed.
MISCELLANEOUS RESOLUTION #12080 BY: Commissioner Dave Woodward, District #18
IN RE: BOARD OF COMMISSIONERS – STATIONARY OUTDOOR SITES FOR MOBILE FOOD VENDORS ON COUNTY CAMPUS
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has a long-time policy of using a formal, competitive procurement process in which all vendors are evaluated with equal consideration. Once a need has been identified, the
Purchasing Division solicits the appropriate members of the vendor community for pricing and purchase information; and
WHEREAS there is interest in providing employees and visitors to the Oakland County complex with a wide variety of food options; and
WHEREAS mobile food establishment(s) located on the Oakland County Complex in the Cities of Pontiac and Waterford would expand and enhance the options and convenience of food selections at stationary
site(s); and WHEREAS the Michigan Food Law of 2000, as amended, defines a “mobile food establishment” as a
food establishment operating from a vehicle, cart, tent, trailer or watercraft that returns to licensed commissary for servicing and maintenance at least once every 24 hours; and
WHEREAS a mobile food cart is a limited food service operation that serves a limited menu, usually hotdogs, from a small open air push car. Base on their limited facilities, mobile food carts are limited to
foods or beverages requiring minimal handling on site and must return to an approved commissary at least once every 24 hours, such as a licensed food services establishment; and
WHEREAS current Michigan Law provides that a mobile food cart establishment may be requested to submit a plan review packet, including a plan review application, fee, menu, standard operating
procedures, drawing/layout of cart, and equipment specification sheet; and WHEREAS a mobile food cart must have the equipment and resources available to ensure food safety.
Typically, this required items such as a hand wipes, gloves, a sanitizer spray bottle and paper towels, a metal stem thermometer, methods of hot and cold holding of foods, and a method of covering and
protecting food from customers and the elements. Additionally, a mobile food cart must have the name and address of the business operating the mobile cart on each side of the cart in letters not less than 3
inches high. Mobile carts are typically inspected once every six months by a Sanitarian; and WHEREAS each application for a license shall pay to the local health department having jurisdiction the
required sanitation service fees and an additional site license fee (at the time an application is submitted); and
WHEREAS the Oakland County Board of Commissioners is desirous of working with the Oakland County Executive administration to establish the appropriate policies, process, procedures, and appropriate
permits and fees for establishing stationary sites on the Oakland County campus for mobile food carts and the solicitation of potential vendors through the purchasing process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby respectfully requests the Oakland County Executive’s administration to submit a proposal for establishing
stationary outdoor sites on the Oakland County campus for mobile food carts. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests
that the Oakland County Executive’s administration submit the policy, procedures and permit fees to the
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General Government and Finance Committees for review and recommendation to the full board within thirty (30) days of the adoption of this resolution.
BE IT FURTHER RESOLVED should no proposal be submitted by the Oakland County Executive’s administration with thirty (30) days of the adoption of this resolution, the Oakland County Board of
Commissioners will develop and consider a policy no later than May 31st, 2012. BE IT FURTHER RESOLVED that upon the adoption of the policy, the Oakland County Board of
Commissioners respectfully directs the Board of Commissioner’s Director of Administration to draft the Request for Proposals and through the Oakland County Purchasing Process solicit bids for mobile food
cart vendors that will be permitted to operate on identified outdoor sites on the Oakland County campus. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to the Oakland County Executive and Oakland County’s Department Directors of Health and Human Services, Corporation Counsel, Risk Management and Purchasing, and Management
& Budget. Chairperson, we move the adoption of the foregoing resolution.
DAVE WOODWARD, JIM NASH, MARCIA GERSHENSON, JANET JACKSON, CRAIG
COVEY, NANCY QUARLES
The Chairperson referred the resolution to the Planning and Building Committee. There were no objections.
MISCELLANEOUS RESOLUTION #12081
BY: Commissioner Dave Woodward, District #18; Marcia Gershenson, District #17 IN RE: BOARD OF COMMISSIONERS – A RESOLUTION TO REQUEST COUNTY EXECUTIVE TO
APPOINT YOUNG MEMBER TO OAKLAND COUNTY WORKFORCE DEVELOPMENT BOARD (OCWDB) AND FOR THE OCWDB TO DEVELOP NEW STRATEGY TO REDUCE UNEMPLOYMENT
FOR YOUNG WORKERS IN OAKLAND COUNTY To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen: WHEREAS last fall, the Associated Press reported when new 2010 census data released illustrated the
wrenching impact of a recession that officially ended in mid-2009, It highlighted the missed opportunities and dim prospects for a generation of mostly 20-somethings and 30-somethings coming of age in a
prolonged slump with high unemployment; and WHEREAS youth employment in America is at a 60-year low; and
WHEREAS student-loan debt is approaching $1 trillion (and default rates are rising); and WHEREAS there are more than 260,000 people between the ages of 20 and 40 that reside in Oakland
County; and WHEREAS addressing the dire unemployment rate among young workers is essential to fixing our
economy for the long-term in Oakland County and Michigan; and WHEREAS the perspective of young workers is essential to developing a comprehensive countywide
strategy to reduce unemployment among workers, especially those under the age of 35; and WHEREAS a recent study by Young Entrepreneur Council reported that among young people surveyed:
• 73% of respondents were not offered any classes on entrepreneurship in college
• 89% believe that entrepreneur education is important given the new economy and job market
• 69% of respondents would like to work for an entrepreneur
• 36% of respondents have started a “side business” of some sort to help them financially; and
WHEREAS Oakland County recognizes these new gaps and challenges in helping young workers find work in today’s economy; and
WHEREAS the Oakland County Workforce Development Board provides strategic direction to the programs and activities undertaken to help reduce unemployment in Oakland County; and WHEREAS the Oakland County Workforce Development Board helps administer the Workforce Investment Act (WIA)which establishes programs to prepare adults, youth, dislocated workers, displaced
homemakers and the economically disadvantaged for participation in the labor force; and WHEREAS the Oakland County Workforce Development Board can and should develop a model strategy
for addressing the challenges uniquely faced by young workers with the input of those workers directly affected.
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NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests that that Oakland County Executive L. Brooks Patterson appoint a new member to the Oakland
County Workforce Development Board who is under the age of 35. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests that the
Oakland County Workforce Development Board develop a strategy to help lower unemployment among Oakland County’s young workers.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this adopted resolution to Oakland County Executive L. Brooks Patterson, all members of the
Oakland County Workforce Development Board, Oakland County Workforce Development Manager John Almstadt, and all Oakland County media.
Chairperson, we move the adoption of the foregoing resolution. DAVE WOODWARD, NANCY QUARLES,
JANET JACKSON, JIM NASH, MARCIA GERSHENSON, CRAIG COVEY
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
MISCELLANEOUS RESOLUTION #12082 BY: Commissioners Dave Woodward, District #18; Marcia Gershenson, District #17
IN RE: BOARD OF COMMISSIONERS – RESOLUTION TO SUPPORT THE BIPARTISAN CROWDFUND ACT (S. 2190)
To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen:
WHEREAS according to the Small Business and Entrepreneurship Council, small businesses represent over 99% of the employer firms in the U.S., and employ half of the private sector employees. Between
1993 and 2009, small businesses accounted for 65 percent of the 15 million net new jobs created. Bureau of Statistics data shows that since the 1970s small businesses hire two out of every three job seekers and
the Ewing Kauffman Foundation has noted that in the last 30 years, all net job creation in the U.S. took place in firms less than five years old; and
WHEREAS according to the Department of Labor, prior to the financial meltdown, 76% of small businesses received traditional funding (i.e.: bank loans, credit card advances, finance companies, etc.).
Any entrepreneur will tell you that cash is king. Without it you cannot grow or hire employees. Part of this comes from working capital (cash on hand) and the other part from financing (traditional funding just
mentioned). With the financial meltdown, our economy stalled, over 8 million jobs were lost and unemployment rose to its highest level in recent history; and
WHEREAS economists and politicians are in agreement – jobs create prosperity. With the launch of Startup America in February 2011, the White House stated that, “Startups bring a wealth of transformative
innovations to market, and they also play a critical role in job creation in the United States. Those entrepreneurs who are intent on growing their businesses create the lion’s share of these new jobs.” Jobs
create taxable wages and spending which stimulate the economy and replenish the government coffers; and
WHEREAS the following outlines the CURRENT ENVIRONMENT:
• Since the financial meltdown traditional financing has virtually disappeared. Banks are holding on
to their cash, credit card companies are charging exorbitant interest rates and according to the private financing group Angelsoft, only 2.3% of startups receive private (VC, PE or Angel) financing.
• Since money isn’t available to the other 97.7% of startups today, they need to find other avenues to raise capital; namely their friends, family and community. However, if that startup offers any
kind of financial return, it just might be breaking the law. That is, unless they hire a lawyer, spend tens of thousands of dollars and countless hours completing forms.
• According to the Sustainable Economies of Law Center [1], “the current registration requirements
under Section 5 of the Securities Act of 1933, as well as existing exemptions from registration, impose considerable hurdles on small businesses.” The securities laws were written to address
the abuses of large corporations. However today, these laws, written before telephones were
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widely available, require a small start-up raising $50,000, to follow the same filing requirements as a large corporation seeking to raise millions of dollars.
• Even if a startup were to complete these filings, the current regulations also include:
1. Limits on startups in seeking capital outside of their immediate state; 2. Requirements of additional costly and burdensome state filings;
3. Restrictions on the amount of “unsophisticated” investors to 35 individuals; and/or 4. Requirements for complete audited financials and state filings.
• In 1933 when these laws were written, 4% of Americans invested in the markets. Today that number is over 50%, clearly showing that the majority of individuals understand the basics of
investing; and WHEREAS CROWDFUND investing, where groups of people invest in startups and provide the capital
where it otherwise isn’t available, is one such solution. Over the past 5 years, users of websites like Kiva & Kickstarter have “donated” over $300M to crowd fund projects including art, films, software
development and books. “The success of these crowd funding sites demonstrates the desire of the public to support projects that they believe in. Enabling the additional motivation of possible financial return
would only reinforce this economically healthy impulse,” says the Sustainable Economies of Law Center; and
WHEREAS on March 12, 2012 U.S. Senators Scott Brown (R-MA), Jeff Merkley (D-OR), and Michael Bennet (D-CO), introduced the bipartisan CEROWDFUND Act (S. 2190); and
WHEREAS this legislation will boost job growth in Michigan and Oakland County by empowering new small business and aspiring entrepreneurs to raise capital from a wide range of small dollar investors; and
WHEREAS the CROWDFUND Act will:
• Allow entrepreneurs to raise up to $1 million per year through an SEC-registered CROWDFUNDING portal.
• Free people to invest a percentage of their income. For investors with an income of less than
$100,000, investments will be capped at the greater of $2,000 or 5% of income. For investors
within an income of more than $100,000, investments will be capped at 10% up to $100,000.
• Require CROWDFUNDING portals to provide investor protection, including investor education materials on the risks associated with small issuers and illiquidity; and
WHEREAS CROWDFUND investing is a zero-cost solution to the jobs crisis. It doesn’t require government spending but easing of regulations that were written over 80 years ago; and
WHEREAS since small businesses are our nation’s net job creators, we need to do everything in our power to get them the capital they need so that they can innovate and hire.
NOW THEREFORE BE IT RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this legislation to the Michigan Congressional Delegation, U.S. Senators Carl Levin and
Debbie Stabenow, Governor Rick Snyder, and the Oakland County delegation of the Michigan House of Representatives and State Senate, and Oakland County’s legislative lobbyists.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward a copy of this resolution to the Michigan Association of Counties and the National Association of County
Officials, with strong encouragement that their respective member counties also adopt similar resolutions. Chairperson, we move the adoption of the foregoing resolution.
DAVE WOODWARD, NANCY QUARLES, JANET JACKSON, JIM NASH, MARCIA
GERSHENSON, CRAIG COVEY
The Chairperson referred the resolution to the General Government Committee. There were no objections.
Chairperson Michael Gingell addressed the Board to announce the Board of Commissioners will meet on
Friday, March 30, 2012 at 9:00 a.m. and on Friday, April 13, 2012 at 9:00 a.m.
The Board adjourned at 9:45 p.m. to the call of the Chair or March 30, 2012, at 9:00 a.m.
BILL BULLARD, JR. MICHAEL J. GINGELL
Clerk Chairperson