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HomeMy WebLinkAboutMinutes - 2015.01.14 - 7957 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES January 20, 2015 Meeting called to order by County Clerk Lisa Brown at 5:42 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bowman, Crawford, Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack. (21) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Oakland County - Clerk Register of Deeds, Lisa Brown opened the evening with the introduction of the Honorable Judge Nanci Grant, Chief Judge of the 6th Circuit Court who gave the invocation. Oakland County - Clerk Register of Deeds Lisa Brown introduced the Oakland County Sheriff Honor Guard who posted the colors. The Oakland County Sheriff, Michael Bouchard led the Pledge of Allegiance followed by the singing of our National Anthem by Alexis Sargent. County Clerk - Lisa Brown addressed the Board to acknowledge all Elected Officials present. Moved by Dwyer supported by McGillivray the minutes of the December 11, 2014 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Spisz supported by Gershenson to approve and close the Journal for 2013 - 2014 Session and adjourn the 2013 – 2014 Session Sine Die. AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman. (21) NAYS: None. (0) A sufficient majority having voted in favor, the motion carried. BIENNIAL SESSION Oakland County - Clerk Register of Deeds, Lisa Brown administered the oath of office to the 2015 – 2016 Oakland County Board of Commissioners. Commissioners as a “point of privilege” introduced their family and guests present. The 2015 – 2016 Session was called to order by County Clerk Lisa Brown at 6:05 p.m. Roll called. 3 Commissioners Minutes Continued. January, 14 2015 PRESENT: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (21) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Moved by Taub supported by Spisz the agenda, be amended, as follows: Move Item 15.: Communications to immediately follow Item 11.: Appointment of General Government Committee. AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Dwyer. (21) NAYS: None. (0) A sufficient majority having voted in favor, the agenda, as amended, was approved. Oakland County - Clerk Register of Deeds, Lisa Brown addressed the Board to introduce Olivia Millerschin. Olivia Millerschin addressed the Board for a musical performance. No one addressed the Board during Public Comment. Moved by Woodward supported by Spisz the Board Rules be adopted as the Temporary Rules of the Board of Commissioners. AYES: Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Dwyer, Fleming. (21) NAYS: None. (0) A sufficient majority having voted in favor, the Board Rules were adopted as Temporary Rules of the Board of Commissioners. Oakland County Clerk - Register of Deeds, Lisa Brown opened the nominations for the Temporary Chairperson. Moved by Gingell supported by Matis that Shelley Taub be nominated for Temporary Chairperson. Vote on Temporary Chairperson: AYES: Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Dwyer, Fleming, Gershenson. (21) NAYS: None. (0) A sufficient majority having voted in favor, Shelley Taub was elected Temporary Chairperson. Oakland County Clerk - Register of Deeds, Lisa Brown turned the gavel over to Temporary Chairperson Shelley Taub and assumed the Chair of the County Clerk of the Board. Temporary Chairperson Shelley Taub addressed the Board to thank her fellow Commissioners. Temporary Chairperson Shelley Taub opened the nominations for the Permanent Chairperson. 4 Commissioners Minutes Continued. January, 14 2015 Moved by Kowall supported by Woodward that Michael Gingell be nominated for Permanent Chairperson. Vote on Permanent Chairperson: AYES: Gosselin, Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Dwyer, Fleming, Gershenson, Gingell. (21) NAYS: None. (0) A sufficient majority having voted in favor, Michael Gingell was elected Permanent Chairperson. Commissioner Taub presented Chairperson Michael Gingell with the gavel. Chairperson Michael Gingell addressed the Board to thank his fellow Commissioners. Chairperson Michael Gingell opened the nominations for Vice Chairperson. Moved by Middleton supported by McGillivray that Jeff Matis be nominated for Vice Chairperson. Vote on Vice Chairperson: AYES: Hoffman, Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert Woodward, Zack, Bowman, Crawford, Dwyer, Fleming, Gershenson, Gingell, Gosselin. (21) NAYS: None. (0) A sufficient majority having voted in favor, Jeff Matis was elected Vice Chairperson. Vice Chairperson Jeff Matis addressed the Board to thank his fellow Commissioners. Moved by Spisz supported by Jackson to appoint the following Commissioners to serve on the General Government Committee: Chairperson: Christine Long Vice Chairperson: Shelley Taub Minority Vice Chairperson: Marcia Gershenson Members: Robert Gosselin, Jeff Matis, Robert Hoffman, Wade Fleming, David Woodward, Nancy Quarles Vote on General Government Committee Appointments: AYES: Jackson, Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman. (21) NAYS: None. (0) A sufficient majority having voted in favor, the appointments were confirmed. Chairperson Michael Gingell addressed the Board to present a proclamation to honor DeMarco Wilson for being “the only one to make it through the Military Entry Processing Station at the Auburn Hills Armed Forces Recruiter Center out of 17 recruit candidates. He scored a 72, double of what is required, on the ASVAB Test placing him at the top of his class and giving him endless career opportunities.” Chairperson Michael Gingell addressed the Board to present a proclamation to honor Alexis Sargeant who has the distinction of being one of two students from Michigan to be selected to the National Honors Choir. She is the only student from Lake Orion High School to have achieved this honor in the school’s history, and thanked her for performing the National Anthem at the 2015 Oakland County Board of Commissioners’ Inauguration.” Chairperson Michael Gingell addressed the Board to introduce Commissioners Matis and Gosselin. 5 Commissioners Minutes Continued. January, 14 2015 Commissioners Matis and Gosselin addressed the Board to present a proclamation to honor Olivia Millerschin for “being an exceptional musical performer, whose talent has garnered national acclaim and recognition. At the age of 18, this very gifted singer, songwriter and musician won the prestigious John Lennon Songwriters “Love, Love, Love” Valentine’s day contest in 2014.” Olivia addressed the Board. Chairperson Michael Gingell addressed the Board to introduce Commissioner Woodward. Commissioner Woodward addressed the Board to present a proclamation to honor The Gentleman Songsters Chorus for “celebrating the 75th Diamond Anniversary of the Detroit-Oakland Chapter of the Barbershop Harmony Society’s Gentleman Songsters Chorus, which has become an integral part of the illustrious barbershop musical history. The Gentleman Songsters Chorus has the distinction of being the 2013 Pioneer District Champions and belongs to the illustrious Barbershop Harmony Society, which has more than 800 chapters with more than 28,000 men members, nationally and in Canada.” The Chairperson declared a recess at 6:44 p.m. to allow the General Government Committee to meet. The Board reconvened at 8:10 p.m. Roll called. PRESENT: Kowall, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson. (21) Quorum present. Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from the Board of Commissioners Staff to “Thank the Board of Commissioners for the Target gift card. We really appreciate your thoughtfulness. It means a lot to us that you appreciate the effort we put forth during the year. Wishing you all good things in 2015.” Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing Philip Weipert and David Woodward to the Claims Review Committee for a term ending December 31, 2016. There being no objections the appointments were confirmed. Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing Tom Middleton to the MSU Extension Advisory Council for a term ending December 31, 2016. There being no objections the appointment was confirmed. Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing Mike Spisz to the Tax Increment Financing Review (TIFA) for a term ending December 31, 2016. There being no objections the appointment was confirmed. Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing Shelley Taub and Gary McGillivray to the Youth Assistance Coordinating Council for a term ending December 31, 2016. There being no objections the appointments were confirmed. Oakland County Clerk – Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing the following Commissioners to serve on the Lake Boards for a term ending December 31, 2016: Lake Boards – Terms Ending December 31, 2016 Big Lake Bob Hoffman Blue Heron Pond John Scott Bush Lake Bob Hoffman 6 Commissioners Minutes Continued. January, 14 2015 Cedar Island Lake Eileen Kowall Charlick Lake Bob Hoffman Charnwood Lake Robert Gosselin Clarkston Mill Pond Tom Middleton Cranberry Lake Mike Spisz Dixie Lake Bob Hoffman Duck Lake Bob Hoffman Duck Lake Pond John Scott Eagle Lake Eileen Kowall Forest Lake Shelley Taub Gilbert Lake Shelley Taub Gourd lake Bob Hoffman Grass Lake Eileen Kowall Highland Lake Bob Hoffman Huntoon Lake Eileen Kowall Indianwood Lake Mike Gingell Island Lake Shelley Taub Kellogg Lake Bob Hoffman Lake Louise Mike Spisz Lake Neva Eileen Kowall Lake Oakland Tom Middleton Lake Ona Eileen Kowall Lakeville Lake Mike Spisz Lower Long Lake Shelley Taub Meadow Lake Marcia Gershenson Murray Lake Bob Hoffman Orange Lake Shelley Taub Pontiac Lake Eileen Kowall Rainbow Lake Eileen Kowall Round Lake Eileen Kowall Schoolhouse Lake Tom Middleton Scott Lake Tom Middleton Susin Lake Bob Hoffman Taggett Lake Bob Hoffman Tipsico Lake Bob Hoffman Tomahawk Lake Bob Hoffman Upeer Long Lake Shelley Taub Van Norman Lake Tom Middleton Wabeek lake Shelley Taub Walled Lake Hugh D. Crawford Walters Lake Tom Middleton Watkins Lake Tom Middleton Waumegah Lake Bob Hoffman White Lake Eileen Kowall Williams Lake Eileen Kowall Wolverine Lake Chris Long Woodruff Lake Bob Hoffman There being no objections the appointments were confirmed. Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing Carol Bacak-Egbo, James Craft, and Melinda Hill to the Oakland County Historical Commission for a term ending December 31, 2017. There being no objections the appointments were confirmed. 7 Commissioners Minutes Continued. January, 14 2015 Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing John Scott and Phil Weipert to the Personnel Appeal Board for a term ending December 31, 2015. There being no objections the appointments were confirmed. Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing Hugh Crawford and Michael Gingell (Alternate) to the Sanitary Code Appeal Board for a term ending December 31, 2017. There being no objections the appointments were confirmed. Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing Shelley Taub and Mike Spisz to the Substance Use Disorder Oversight Policy Board for a term ending December 31, 2016. There being no objections the appointments were confirmed. Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing the following Individuals to serve on the Public Transportation Authority for a term ending December 31, 2016: Members: David Boerger, Ramon Betanzos, Chuck Moss, David Dillingham, Megan Owens (Dem.) Alternates: Andrew Haliw III, Jeffrey Stoner, Michael Whims (Dem.) There being no objections the appointments were confirmed. Oakland County Clerk - Register of Deeds, Lisa Brown read a communication from Chairperson Michael Gingell appointing the following individuals to serve on the Oakland County Community Development Advisory Council for a term ending December 31, 2016: Six Local Officials Ten Citizens at Large Karen Adcock Sam Anderson Don Green Elizabeth Clouthier Chris McLeod Marc Craig Elaine Leven Joan Fogler Dena Potter Cheri Hill Deanna Magee Chester Koop Aaron Tuckfield Claudia Brady Elizabeth Kelly Paul Zelenak One Citizen Alternates Wayne Hogan Four Oakland County Commissioners Shelley Taub, Chair Wade Fleming, Vice Chair Nancy Quarles David Bowman There being no objections the appointments were confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RULES FOR THE OAKLAND COUNTY BOARD OF COMMISSIONERS’ 2015-2016 SESSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the proposed rules for the Oakland County Board of Commissioners, hereby recommends the adoption of the attached rules as the permanent rules for the Oakland County Board of Commissioners for 2015–2016. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. 8 Commissioners Minutes Continued. January, 14 2015 GENERAL GOVERNMENT COMMITTEE Copy of 2015-2016 Rules for the Oakland County Board of Commissioners on file in County Clerk’s office. Moved by Long supported by Dwyer the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Spisz the Rules for the Oakland County Board of Commissioners’ 2015-2016 Session be adopted. Discussion followed. Moved by Woodward supported by Quarles the Rules for the Oakland County Board of Commissioners’ 2015-2016 Session be amended as follows: F. Legal Opinions: (1) Any Commissioner can request a legal opinion from Corporation Counsel through the Chairperson. A Commissioner may not seek a legal opinion directly from Corporation Counsel. (2) Any Commissioner can request a legal opinion from the Board outside counsel through the Chairperson. In addition, the minority caucus may seek legal opinion from the Board outside counsel through the Chair of the minority caucus. A Commissioner may not seek a legal opinion directly from outside counsel. G. Sponsorship of Events, Activities or Adjunct Committees: (1) Sponsorship of an activity, event or committee must be requested through the Board of Commissioners’ standard resolution process. (2) Sponsorship resolution must include a line item budget proposal that outlines the intended expense allocation of the Board of Commissioners’ designated funds. (3) A Sponsorship resolution shall not exceed $5,000 for any individual activity or event. (4) Sponsorship of an activity, event or committee should contain bi-partisan support, and the resolution initiating the sponsorship request should contain at least one Commissioner from the majority party and one Commissioner from the minority party. (5) Sponsorship of an activity, event or committee shall be a community-based function and shall not be a political or politically-biased activity or event. (6) A Sponsorship resolution shall be referred to the Finance Committee and requires the affirmative vote of the Finance Committee and the full Board of Commissioners to be approved. (7) Upon the approval of a requested activity or event by the Oakland County Board of Commissioners, the Administrative Director of the Board will assign a staff member to assist with the project, if assistance is requested by the Commissioner(s) who introduced the request. (8) All individuals, who are not BOC staff, who work on or in support of a requested activity or event shall be volunteers and shall not be compensated in any form unless authorized by the Board Chair. (9) Sponsorship of an activity, event or committee will be by the Oakland County Board of Commissioners, and any sponsor recognition, promotion or notation shall reference the Oakland County Board of Commissioners. (10) Sponsorship of an activity, event or committee shall not denote, recognize or promote any individual Commissioner unless a specific Commissioner has been designated as the spokesperson or the action is authorized by the Chair. (11) Commissioners may solicit in-kind contributions for any Board-sponsored activity, event or committee. (12) Commissioners shall not solicit direct monetary contributions for any Board- sponsored activity, event or committee unless approved by the Board Chair. 9 Commissioners Minutes Continued. January, 14 2015 (13) Admission to any requested activity, event or committee shall be free to the public unless otherwise denoted in the requesting resolution and accompanying line-item budget. (14) Expenditures of Board of Commissioners’ funds for Sponsorship activities, events or committees must comply with Oakland County Purchasing Policies and Procedures and the Oakland County’s Business Expense Reimbursement Regulations. Vote on amendment: AYES: McGillivray, Quarles, Scott, Woodward, Zack, Bowman, Gershenson, Jackson. (8) NAYS: Long, Matis, Middleton, Spisz, Taub, Weipert, Crawford, Dwyer, Fleming, Gingell, Gosselin, Hoffman, Kowall. (13) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Woodward supported by Gershenson the Rules for the Oakland County Board of Commissioners’ 2015-2016 Session be amended as follows: F. Legal Opinions: (1) Any Commissioner can request a legal opinion from Corporation Counsel through the Chairperson. In addition, the minority caucus may seek legal opinion through the Minority Caucus Chair and notification of the Chairperson of Board.> A Commissioner may not seek a legal opinion directly from Corporation Counsel. Vote on amendment: AYES: Woodward, Zack, Bowman, Dwyer, Gershenson, Jackson, McGillivray, Quarles. (8) NAYS: Scott, Spisz, Taub, Weipert, Crawford, Fleming, Gingell, Gosselin, Hoffman, Kowall, Long, Matis, Middleton. (13) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Moved by Woodward supported by Hoffman the Rules of the Oakland County Board of Commissioners’ 2015-2016 Session be amended as follows: F. Legal Opinions: (3) Any Commissioner may communicate with directly Corporation Counsel regarding legal matters that do not require a formal legal opinion. Vote on amendment: AYES: Woodward, Zack, Bowman, Dwyer, Gershenson, Hoffman, Jackson, McGillivray, Quarles, Scott. (10) NAYS: Spisz, Taub, Weipert, Crawford, Fleming, Gingell, Gosselin, Kowall, Long, Matis, Middleton. (11) A sufficient majority having not voted in favor, the amendment failed. Discussion followed. Vote on the Rules of the Oakland County Board of Commissioners’ 2015-2016 Session as is: AYES: Taub, Weipert, Crawford, Dwyer, Fleming, Gingell, Gosselin, Hoffman, Kowall, Long, Matis, Middleton, Scott, Spisz. (14) NAYS: Woodward, Zack, Bowman, Gershenson, Jackson, McGillivray, Quarles. (7) 10 Commissioners Minutes Continued. January, 14 2015 A sufficient majority having voted in favor, the Rules for the Oakland County Board of Commissioners’ 2015-2016 Session was adopted. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS - 2015 STANDING COMMITTEE ASSIGNMENTS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee hereby recommends the following appointments to the Board of Commissioners’ Standing Committees for 2015. FINANCE COMMITTEE: Middleton (Chair), Kowall (Vice Chair), Woodward (Minority Vice Chair), Long, Taub, Matis, Crawford, Zack, Quarles GENERAL GOVERNMENT COMMITTEE: Long (Chair), Taub (Vice Chair), Gershenson (Minority Vice Chair), Gosselin, Matis, Hoffman, Fleming, Woodward, Quarles HUMAN RESOURCES COMMITTEE: Spisz (Chair), Hoffman (Vice Chair), Zack (Minority Vice Chair), Middleton, Weipert, Fleming, Bowman PLANNING AND BUILDING COMMITTEE: Weipert (Chair), Gosselin (Vice Chair), McGillivray (Minority Vice Chair), Crawford, Scott, Dwyer, Jackson, Bowman PUBLIC SERVICES COMMITTEE: Dwyer (Chair), Spisz (Vice Chair), Jackson (Minority Vice Chair), Scott, Kowall, McGillivray Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Long supported by Hoffman the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Zack the appointments of the Board of Commissioners – 2015 Standing Committee Assignments be confirmed. Vote on appointments: AYES: Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long. (21) NAYS: None. (0) A sufficient majority having voted in favor, the appointments of the Board of Commissioners – 2015 Standing Committee Assignments were confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – APPOINTMENTS TO THE OAKLAND COUNTY COORDINATING ZONING COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee having received a recommendation from the Planning and Building Committee hereby recommends that the following three members of the Planning and Building Committee be appointed to the Coordinating Zoning Committee for a two-year period of January 1, 2015 – December 31, 2016. 11 Commissioners Minutes Continued. January, 14 2015 Gosselin Scott McGillivray Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Long supported by McGillivray the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Bowman the appointment of Gosselin, Scott and McGillivray to the Oakland County Coordinating Zoning Committee be confirmed. Vote on appointments: AYES: McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford, Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis. (21) NAYS: None. (0) A sufficient majority having voted in favor, the appointments were confirmed. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS - APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS AND AUTHORITIES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the vacancies for the boards, commissions, committees and councils herein mentioned, hereby recommends the filling of those vacancies as follows: AIRPORT COMMITTEE (Two-Year Term ending 12/31/16) Chris Long, Jeff Matis, Eileen Kowall, Dave Woodward AREA AGENCY ON AGING (Two-Year Term ending 12/31/16) Helaine Zack, Jan Dolan BUILDING AUTHORITY (Three Year Term ending 12/31/17) Dennis King PARKS AND RECREATION COMMISSION (Three Year Terms ending 12/31/17) Robert Kostin ROAD COMMISSION (Six-Year Term ending 12/31/20) Greg Jamian SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) (Two-Year Term ending 12/31/16) Delegates (6) Alternates (6) L. Brooks Patterson Dave VanderVeen John Scott Michael Spisz Jeff Matis Matt Gibb Phil Weipert Chris Long Helaine Zack Janet Jackson Marcia Gershenson Nancy Quarles 12 Commissioners Minutes Continued. January, 14 2015 Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Moved by Long supported by Middleton the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved Long supported by Middleton the appointments of the various Boards, Commissions and Authorities be confirmed. Discussion followed. Moved by Gershenson supported by Zack to Divide the Question and separate the Road Commission Appointment. Discussion followed. Chairperson Michael Gingell stated that a (yes) vote is supporting and a (no) vote is opposing. Divide the Question: AYES: Middleton, Quarles, Woodward, Zack, Bowman, Gershenson, Jackson, Long. (8) NAYS: Scott, Spisz, Taub, Weipert, Crawford, Dwyer, Fleming, Gingell, Gosselin, Hoffman, Kowall, Matis, McGillivray. (13) A sufficient majority having not voted in favor, the motion to Divide the Question and separate the Road Commission Appointment failed. Vote on Report as is: AYES: Quarles, Scott, Spisz, Taub, Weipert, Bowman, Crawford, Dwyer, Fleming, Gingell, Gosselin, Hoffman, Kowall, Long, Matis, McGillivray, Middleton. (17) NAYS: Woodward, Zack, Gershenson, Jackson. (4) A sufficient majority having voted in favor, the appointments of the various Boards, Commissions and Authorities were confirmed. Chairperson Shelley Taub addressed the Caucus to acknowledge Commissioner Spisz for his work on the 2015 - 2016 Rules for the Oakland County Board of Commissioners. Chairperson Michael Gingell addressed the Board to acknowledge the appointment of Greg Jamian to the Road Commission. MISCELLANEOUS RESOLUTION #15000 BY: Commissioner Bob Hoffman, District #2 IN RE: BOARD OF COMMISSIONERS – TRI-PARTY ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2015 APPROPRIATION – VILLAGE OF HOLLY – CONSTRUCTION OF A NON-MOTORIZED PATHWAY ON GRANGE HALL ROAD - PROJECT NO. 52811 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS since the 1970s, the Oakland County Board of Commissioners has authorized the Tri-Party Road Improvement Program to assist Oakland County’s cities, villages and townships (CVTs) with the construction, maintenance and repair of roads under the supervision, direction and control of the Road Commission for Oakland County; and WHEREAS Miscellaneous Resolution #09221, as amended by Miscellaneous Resolution #10045, provides that any Oakland County appropriation in support of the Tri-Party Road Improvement Program shall be distributed only after completion of all of the following: 13 Commissioners Minutes Continued. January, 14 2015 1. The Road Commission for Oakland County (RCOC) and a city, village, or township (CVT) have identified a project and the project is ready to be undertaken immediately; and 2. The RCOC has appropriated its 1/3 share of the funding for the project and transferred said appropriation to a project account; and 3. The CVT has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and 4. The Commissioner(s) representing the CVT requesting the project submits a resolution authorizing the appropriation of the County’s 1/3 share of the project from the General Fund Designated Fund Balance for Tri-Party Program. The resolution shall be approved by the Finance Committee and the full Board; and WHEREAS the Village of Holly, along with the RCOC has identified a project and said project is ready to be undertaken immediately; and WHEREAS the RCOC has appropriated its 1/3 share of the funding for the project in the Village of Holly and said appropriation has been transferred to a project account; and WHEREAS the Village of Holly has demonstrated that it has authorized its 1/3 share of the funding for the project and has executed a contract for payment with the RCOC; and WHEREAS Oakland County’s one third (1/3) share of the – Fiscal Year 2015 authorized amount of Tri-Party Road Improvement funding for Project 52811 in the Village of Holly is $14,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Village of Holly and authorizes the release of Tri-Party Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED additional project costs, not greater than 15% from the original agreement, which are consistent with the project as originally approved, will be paid when invoiced and appropriated in the quarterly forecast resolution. BE IT FURTHER RESOLVED that additional project costs exceeding 15% of the original agreement will require a separate Finance Committee resolution. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to the Road Commission for Oakland County, Oakland County Fiscal Services and the Village of Holly. Chairperson, I move the adoption of the foregoing Resolution. BOB HOFFMAN Copy of Correspondence from Patricia Z. Wierzbicki, Deputy-Secretary/Clerk of the Board for the Oakland County Road Commission, Correspondence from Thomas G. Noechel, Programming Supervisor for the Oakland County Road Commission, Cost Participation Agreement, Exhibit A – Tri-Party Program, Exhibit B – Provisions and Exhibit C – Liability and Insurance Requirements Incorporated by Reference. Original on file in the County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #15001 BY: Commissioner Shelley Taub, District #12 IN RE: BOARD OF COMMISSIONERS – OPPOSITION TO PROPOSED FEDERALIZATION OF WATERWAYS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Environmental Protection Agency (EPA) has formally proposed a new rule re-defining their regulatory authority to include nearly every waterway and watershed in the country; and WHEREAS this rule seeks to fundamentally change federal law, overriding the Clean Water Act’s provision to "recognize, preserve and protect the primary responsibilities of the states" to regulate and protect the water contained within their borders; and WHEREAS the proposed rule appears to grant federal agencies authorities not specifically granted to them by the Clean Water Act; and WHEREAS the proposed expansion of authority would include waters that have a "significant nexus" with existing regulated waterways, a term that does not appear in the Clean Water Act; and 14 Commissioners Minutes Continued. January, 14 2015 WHEREAS the WOTUS (Waters of the United States) rule seeks to overturn U.S. Supreme Court rulings, primarily Solid Waste Agency of Northern Cook County v. US. Army Corps of Engineers and Rapanos v. United States, that limit the scope of the EPA regulatory authority; and WHEREAS the Detroit News has reported that “The Army Corps of Engineers and the Environmental Protection Agency want to redefine "waters of the United States" subject to regulation to include nearly every pond, wetland, ditch, drain and dry and pothole in the country. Virtually no body of water, no matter how small, would be out of reach”; and WHEREAS during the required comment period following publication of this proposed rule, over 870,000 comments were filed with the EPA; and WHEREAS an objection filed by 375 business and trade associations states “the proposed WOTUS rule would have a devastating impact on businesses of all sizes, States, and local governments without any real benefit to the environment”; and WHEREAS the National Association of Counties has expressed objections that the proposed rule greatly increases the number of county-owned drains and roadside ditches under federal jurisdiction while failing to address long permit delays and the regulatory cost burden on local government; and WHEREAS H.R. 5078 would prohibit the Corps or EPA from finalizing the proposed “waters” rule or using that proposal or similar proposed rule or guidance as the basis of any rulemaking on the scope of Clean Water Act jurisdiction, and it would require withdrawal of the interpretive rule; and WHEREAS H.R. 5078 passed the U.S. House Representatives in 2014 with significant bi-partisan support; and WHEREAS the scientific study that supports the proposed rule is still under review and the promulgation of a rule based on the scientific evidence is premature; and WHEREAS public comment on the proposed rule should be reopened when the final scientific evidence has been made available for public consideration; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners oppose the federalization of waterways proposed by the Environmental Protection Agency and the Army Corp of Engineers in the April 21, 2014 Federal Register. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon Oakland County’s representatives in the U.S. House of Representatives and the U.S. Senate to take appropriate action to halt further consideration of this rule and require that agencies re-open the comment period when the final scientific evidence is available to the public. BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to submit a copy of this resolution to Congressman David Trott, Congressman Michael Bishop, Congressman Sander Levin, Congresswoman Brenda Lawrence, U.S. Senator Debbie Stabenow, U.S. Senator Gary Peters, U.S. Senator John Thune, the Environmental Protection Agency, the Army Corps of Engineers and the President of the United States. Chairperson, I move the adoption of the foregoing Resolution. SHELLEY TAUB, MICHAEL SPISZ, BILL DWYER, EILEEN KOWALL, WADE FLEMING, HUGH CRAWFORD, JOHN SCOTT, TOM MIDDLETON, PHIL WEIPERT, CHRISTINE LONG, BOB GOSSELIN The Chairperson referred the resolution to the General Government Committee. There were no objections. Chairperson Michael Gingell addressed the Board regarding The 2015 Oakland County Directory and to direct their attention to the Commissioner Verification Form. Chairperson Michael Gingell addressed the Caucus to acknowledge the Board of Commissioners Staff for their hard work on the Inaugural Meeting. The Board adjourned at 8:58 p.m. to the call of the Chair or January 29, 2015, at 9:30 a.m. LISA BROWN MICHAEL J. GINGELL Clerk Chairperson 15