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HomeMy WebLinkAboutMinutes - 2012.04.13 - 7854215 OAKLAND COUNTY BOARD OF COMMISSIONERS (acting as Oakland County Apportionment Commission pursuant to Public Act 280 of 2011) MINUTES April 13, 2012 Meeting called to order by Chairperson Michael Gingell at 9:15 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bosnic, Covey, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack. (24) EXCUSED ABSENCE WITH NOTICE: Crawford. (1) ABSENT: None. (0) Quorum present. Invocation given by Philip Weipert. A moment of silence was observed in memory of former Oakland County Drain Commissioner, George Kuhn. Pledge of Allegiance to the Flag. Moved by Middleton supported by Covey the minutes of the March 22, 27, and 30, 2012 Board Meetings be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Taub supported by Woodward the agenda be approved as printed. AYES: Dwyer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic. (15) NAYS: Covey, Gershenson, Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack. (9) A sufficient majority having voted in favor, the agenda was approved as printed. Deputy County Clerk, Chris Ward, read a communication from Chairperson Michael Gingell, appointing Commissioner Craig Covey and Commissioner Jim Runestad as liaisons to the Oakland County Sheriff’s Office in support of the DHS Fusion Center of Homeland Security of Region 2, as adopted in Miscellaneous Resolution #12038 - Sheriff’s Office and Health and Human Services - Homeland Security Division – Creation of Classification and Position of Intelligence Analyst Funded by Homeland Security Grant. There were no objections the appointments were confirmed. Commissioners Minutes Continued. April 13, 2012 216 Chairperson Michael Gingell made the following statement: “A Public Hearing is now called on the Adoption of Proposed Map as recommended by the Oversight Committee. Is there anyone present who wishes to speak?” The following persons requested to speak: Darryl Conliffe and Frank Houston (Oakland County Democratic Party Chairman). The Chairperson asked if there were other persons present wishing to speak. No one requested to speak and the Public Hearing was declared closed. No one addressed the Board during public comment. REPORT BY: Oversight Committee – Mike Gingell, Chairperson RE: ADOPTION OF CHAIRMAN MIKE GINGELL’S FIRST AMENDED PLAN FOR OAKLAND COUNTY APPORTIONMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to MR #12006, the Oversight Committee has reviewed the proposed plans for county apportionment on April 9, 2012 and hereby recommends adoption of Chairman Mike Gingell’s First Amended Plan for Oakland County apportionment pursuant to Public Act 280 of 2011. Chairperson, on behalf of the Oversight Committee, I move the acceptance of the foregoing report. OVERSIGHT COMMITTEE Copy of Chairman Mike Gingell’s First Amended Plan on behalf of the Republican Caucus on file in County Clerk’s office. Moved by Gingell supported by Taub the Oversight Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Commissioner Woodward requested a roll call vote be taken. Vote on report: AYES: Dwyer, Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic. (15) NAYS: Gershenson, Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (9) A sufficient majority having voted in favor, the Oversight Committee Report was accepted. Moved by Potts supported by Taub, Chairman Mike Gingell’s First Amended Plan for Oakland County Apportionment be adopted. Discussion followed. The Chairman declared a brief recess. The Chairman reconvened. Moved by Woodward supported by Covey to amend Chairman Mike Gingell’s First Amended Plan for Oakland County Apportionment as follows: Substitute Commissioner Dave Woodward’s First Amended Plan on behalf of the Democratic Caucus in place of Chairman Mike Gingell’s First Amended Plan on behalf of the Republican Caucus. Discussion followed. Commissioners Minutes Continued. April 13, 2012 217 Vote on amendment: AYES: Gershenson, Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey. (9) NAYS: Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Dwyer. (15) A sufficient majority having not voted in favor, the amendment failed. Vote on adoption of Chairman Mike Gingell’s First Amended Plan for Oakland County Apportionment, as is: AYES: Gingell, Gosselin, Hoffman, Long, Matis, Middleton, Nuccio, Potts, River, Runestad, Scott, Taub, Weipert, Bosnic, Dwyer. (15) NAYS: Hatchett, Jackson, McGillivray, Nash, Quarles, Woodward, Zack, Covey, Gershenson. (9) A sufficient majority having voted in favor, Chairman Mike Gingell’s First Amended Plan for Oakland County Apportionment, as is, was adopted. Commissioner Covey addressed the Board regarding Green Week and to congratulate Board of Commissioners Communication Liaison Julia Ruffin for her effort on Youth in Government Day. MISCELLANEOUS RESOLUTION #12083 BY: Commissioner Michael Gingell, District #3 IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY ART INSTITUTE AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Detroit Institute of Arts Museum (DIA Museum), founded in 1885 as the Detroit Museum, is one of the top six comprehensive fine arts museums in the United States; and WHEREAS the DIA Museum is home to a priceless and irreplaceable world-class art collection consisting of approximately 60,000 art objects housed in a 657,650 square foot facility boasting 90 galleries with 152,400 square feet of exhibition space that at any one time display 5,500 pieces of art; and WHEREAS a viable, fully functioning DIA Museum is important to the business, educational and cultural fabric of Southeast Michigan, is a notable resource in the recruitment of new businesses and executives to the region and is an import business in its own right, attracting hundreds of thousands of visitors annually, employing hundreds of area residents and spending a substantial portion of its budget in the local Michigan economy; and WHEREAS the DIA Museum provides educational programs for more than 45,000 students annually and, in 2010 alone, hosted visits from 150 Oakland County Schools representing every district in Oakland County; and WHEREAS as a public-private partnership initially funded by the City of Detroit and later by the State of Michigan, the DIA Museum’s city, state and private sector revenues were severely and adversely impacted by Michigan’s decade-long recession, placing its future at risk; and WHEREAS recognizing the need to provide additional ways to raise revenues necessary to save the cultural heritage embodied by the DIA Museum, the Michigan Legislature enacted 2010 PA 296, (Act 296), a law that provides for the establishment of an art institute authority by a county board of commissioners and authorizing said art institute authority to place before voters the question of whether the voters wish to provide revenue to an art institute services provider to be used exclusively for the benefit of an art institute; and WHEREAS the DIA Museum is operated pursuant to the terms and conditions of an Operating Agreement between the City of Detroit and the Detroit Institute of Arts, Inc., which is a Michigan not-for-profit corporation (the DIA) formerly known as the Founders Society Detroit Institute of Arts, dated December 12, 1997; and WHEREAS the DIA, Inc. is an art institute services provider as defined in Section 3(c) of Act 296; and WHEREAS to initiate the establishment of an art institute authority, articles of incorporation must be prepared by a majority of the members of the county board of commissioners establishing the authority, which articles or amendments, after first being published not less than once in a newspaper generally Commissioners Minutes Continued. April 13, 2012 218 circulated in the county, shall be adopted and may be amended by an affirmative vote of a majority of the members of that board of commissioners; and WHEREAS once established, if first authorized by a majority of the electors in the county, an authority may levy a tax of not more than 0.2 mill for a period set by the authority that shall not exceed 20 years on all the taxable property within the county for the purpose of providing revenue to an art institute services provider that will be used exclusively for the benefit of the art institute with respect to which the art institute services provider renders service; and WHEREAS an art institute authority may not obtain an interest in real property or participate in the governance of an art institute; and WHEREAS an art institute authority must prepare budgets, obtain annual audits, report on the audits and auditing procedures in the manner required under the uniform budgeting and accounting act, 1968 PA 2, and those audits must be in accordance with generally accepted governmental auditing standards as promulgated by the United States general accounting office and must satisfy federal regulations relating to federal grant compliance audit requirements; and WHEREAS an art institute authority is governed by a board of directors composed of an odd number of members not exceeding 15, said members being appointed in a manner established in the articles of incorporation adopted by the county board of commissioners; board members may not receive compensation for services as a member of the board but are entitled to reimbursement for reasonable expenses incurred in the discharge of his or her board duties and the business of the authority must be conducted in compliance with the open meetings act, 1976 PA 267, and its records must be available in compliance with the freedom of information act, 1976 PA 442; and WHEREAS the Oakland County Board of Commissioners wishes to establish the Oakland County Art Institute Authority for the purpose of allowing the electors of Oakland County to decide whether they wish to support the continued viability of the DIA by levying a tax not to exceed 0.2 mill for a period not to exceed 10 years; and WHEREAS Act 296 mandates that if a majority of electors in a county approve a tax, the art institute services provider must contract with the art institute authority to offer or to exercise its best efforts to cause the art institute to offer preferences or benefits for the residents of a county approving a tax that may include, but are not limited to: a) discounted admission fees; b) discounted membership fees; c) discounts for school children and d) access to educational programs. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby adopts the attached Articles of Incorporation establishing the Oakland County Art Institute Authority. BE IT FURTHER RESOLVED that the Oakland County Clerk is hereby directed to endorse upon the articles the fact of their adoption by the Oakland County Board of Commissioners and shall forthwith file a printed copy of the articles with the Secretary of State. Mr. Chairperson, on behalf of the board of commissioners, we move the adoption of the foregoing resolution. MICHAEL GINGELL, ANGELA RIVER, BOB HOFFMAN, BETH NUCCIO The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 9:55 a.m. to the call of the Chair or April 18, 2012, at 7:00 p.m. BILL BULLARD, JR. MICHAEL J. GINGELL Clerk Chairperson