HomeMy WebLinkAboutMinutes - 1995.03.29 - 8185
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
March 30, 1995
Meeting called to order by Chairperson Larry Crake at 11:16 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Rolled called.
PRESENT: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub,
Wolf. (25)
ABSENT: None. (0)
Quorum present.
Invocation given by Commissioner Dennis Powers.
A moment of silence was observed for former County Commissioner
A. Madeline Luxon, who recently passed away.
Pledge of Allegiance to the Flag.
Moved by Wolf supported by Pernick the minutes of the March 23, 1995
Board meeting be approved.
A sufficient majority having voted therefor, the minutes were approved,
as printed.
Chairperson Larry Crake introduced Macomb County Commissioner Joan
Flynn, who was in attendance to observe our board meeting.
Clerk read a letter from Sarah E. Irvine. (letter and petitions on file
in County Clerk's office)
Clerk read a letter from Commissioner Lawrence Pernick (letter and
petitions on file in County Clerk's office)
The following people addressed the Board: Bill Munro, *Bill McMaster,
Gary Haner, Barbara Johns, Mary MacMaster, Jim Brennan, Dominick Vincentini,
Springfield Township Clerk Nancy Strole, Virginia Piluras, Waterford Township
Clerk Betty Fortino and Maggie Tyson. (*written comments placed on file in
County Clerk's office)
REPORT (Misc. #95083)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: ACT 196 TRANSPORTATION AUTHORITY - ARTICLES OF INCORPORATION
The Finance and Personnel Committee, having reviewed the above-
referenced resolution on March 29, 1995, reports with the recommendation that
the resolution be adopted with the following amendments:
Page 1 of the Resolution should be amended to add a fourth WHEREAS
clause as follows:
"WHEREAS, the Articles of Incorporation provides that the
authority shall not utilize the provisions of Section 18 of the
Act, MCL 124.468 (Property Taxation), without first obtaining the
approval of the Oakland County Board of Commissioners."
Page 2 of the Resolution should be amended to add sections 4, 5,
6, and 7 to the NOW THEREFORE BE IT RESOLVED provisions (as attached).
Page 4 of the Articles, at Article VII, Section 1: General
Government recommended that Section 1a be struck, but failed to re-
number the paragraphs. Accordingly, the current 1b becomes 1a, and the
current 1c become 1b, and the current 1d becomes 1c.
Page 4 of the Articles, at Article VII, Section 1: the new 1b
must be amended on line one, following the word "Commissioners" by
striking the words "...and the County Executive..". Section 1a., line
4, delete the words recommended by the General Government Committee, "At
least one appointee shall be a member of the minority party," and
replace with --At least one appointee shall be a member of a political
party not in the majority.--
Page 4 of the Articles, at Article VII, Section 2, line 4, must be
amended following the word "by", by striking the words "...County
Executive or..."
Page 5 of the Articles, at Article VIII, Section 1, line 5, must
be amended by inserting the word "and" following the word "Chairperson"
and by deleting the words "...and Treasurer" following the word
"Secretary."
Chairperson, on behalf of the Finance and Personnel Committee, I move
the acceptance of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
ATTACHMENT TO FINANCE AND PERSONNEL COMMITTEE REPORT
4. The Oakland County Board of Commissioners hereby authorizes the
utilization of Section 18 of the Act, MCL 124.468 (Property Taxation), by the
Oakland County Public Transportation authority for the purpose of calling a
special election for June 6, 1995 to place before the voters of the authority
the proposition of increasing the limitation on the amount of taxes which may
be imposed on taxable property in the Oakland County Public Transportation
Authority area by 0.33 mill for the years 1995, 1996 and 1997, inclusive, to
support public transportation within the authority area.
5. The proposition to be submitted at the special election shall be
stated on a separate ballot, or as a separate proposition on voting machine,
in substantially the following form:
OAKLAND COUNTY PUBLIC TRANSPORTATION MILLAGE PROPOSAL
Shall the limitation on the amount of taxes imposed on taxable
property in the Oakland County Public Transportation Authority
area be increased by 33 cents ($.33) per thousand dollars ($1,000)
(0.33 mill) of the taxable value on all taxable property in the
authority area for three (3) years, 1995, 1996 and 1997,
inclusive, for the purpose of providing funds for the support of a
public transportation system serving the general public within the
authority area? It is estimated that 0.33 mill in 1995 levied
throughout the county would raise approximately $10.2 million in
the first calendar year of the levy.
6. The proposition form shall be amended as necessary to reflect the
withdrawal of political subdivisions from the authority if the same occurs.
7. The County Clerk is directed to do all things and provide all
supplies necessary for the special election as required by law to be done.
(end of attachment to Finance and Personnel Committee Report)
REPORT (Misc. #95083)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY - ARTICLES OF INCORPORATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on March 27, 1995, reports with the recommendation that the
resolution be adopted with the following amendments to the attached Articles
of Incorporation:
Article VII, page 3, delete Section 1a.;
Article VII, page 3, Section 1b., first sentence, change "Three" members
to --Five--; same section, last sentence, delete the period at the end
of the sentence (.) and add the words --at least one appointee shall be
a member of the minority party.--
Article VII, page 4, Section 4a., second sentence, add a period (.)
following the word "Oakland" and delete the words "and the written
approval of the County Executive."
Article VII, page 4, add new Section 6, as follows:
"Section 6. Non-Voting Member. The Oakland County Treasurer
shall be a non-voting member of the Board and shall act as the
treasurer of the Authority."
Article VIII, page 5, Section 1, line 3, insert the word --and--
following the word "Chairperson" and delete the words "and Treasurer".
Article VIII, page 5, Section 4, line 3, delete the period (.) at the
end of the sentence, and add the words --as required by law--.
Article IX, page 6, line 5, following the words "as provided by the
Act.", add the following new sentence --At the Clerk's discretion, the
articles may be published in any one of the following newspapers: The
Detroit News, The Detroit Free Press, The Oakland Press, The Daily
Tribune, and The Eccentric Newspapers.-- and then continue with the
remainder of the paragraph.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
MISCELLANEOUS RESOLUTION #95083
By: Commissioners Charles E. Palmer and John P. McCulloch
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY - ARTICLES OF INCORPORATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentleman:
WHEREAS 1986 Public Act 196, (the "Act"), provides that counties may
form a public transportation authority under the Act by adoption of Articles
of Incorporation by an affirmative vote of a majority of the members elected
to and serving on the legislative body of the County; and
WHEREAS the County of Oakland, by approval of this resolution adopting
the Articles of Incorporation attached hereto as Exhibit A (the "Articles of
Incorporation"), desires to incorporate an authority (the "Authority") for the
purpose of operating or providing for the operation of a public transportation
system pursuant to the Act and the Articles of Incorporation; and
WHEREAS the County of Oakland (the "County") desires to allow for the
option of continuing elderly and handicapped transit services and other
services in the County at the level of service provided in the County by the
Suburban Mobility Authority for Regional Transportation ("SMART") during the
1994-95 fiscal year of SMART.
NOW THEREFORE BE IT RESOLVED:
1. The Oakland County Board of Commissioners hereby approves the
adoption of the Articles of Incorporation of the Oakland County
Public Transportation Authority attached hereto as Exhibit A.
2. The Chairperson of the Oakland County Board of Commissioners is
authorized and directed to execute the Articles of Incorporation
on behalf of the County and to take all actions required or
permitted by the County Board of Commissioners by the Articles of
Incorporation.
3. The County Clerk is directed to endorse the Articles of
Incorporation in substantially the form required by 1986 Public
Act 196 (the "Act"), to cause a copy of the Articles of
Incorporation to be published and filed in the manner required by
the Act and by the Articles of Incorporation, and to take all
other actions necessary or required by law and the Articles of
Incorporation to effectuate the incorporation of the Authority.
Chairperson, we move the adoption of the foregoing resolution.
Charles E. Palmer, John P. McCulloch
EXHIBIT A
ARTICLES OF INCORPORATION
OF THE
OAKLAND COUNTY PUBLIC TRANSPORTATION AUTHORITY
These Articles of Incorporation are executed and adopted by the Oakland
County Board of Commissioners pursuant to and in accordance with the provisions
of Act 196, Public Acts of Michigan, 1986, as amended (the "Act"), for the
purpose of forming a public body corporate as required by the Act.
ARTICLE I
Name
The name of the corporation and authority is the Oakland County Public
Transportation Authority (the "Authority").
ARTICLE II
Incorporating Units.
The incorporating unit of the Authority is the County of Oakland, State
of Michigan, a municipal corporation of the State of Michigan. The County of
Oakland, together with any political subdivision or portion of a city, village
or township which may be added to the Authority after its incorporation, shall
be considered a "Member".
ARTICLE III
Purposes
The purposes for which the Authority is organized are as follows:
a. To operate a public transportation system providing public
transportation services and public transportation facilities, as defined in by
the Act and to the extent authorized by these Articles.
b. To plan, promote, finance, acquire, improve, enlarge, extend,
own, construct, operate, maintain, replace, and contract for public
transportation systems and public transportation facilities.
c. To control, operate, administer, and exercise the franchise of
the public transportation system and public transportation facilities, if any.
d. To conduct any and all such activities and exercise any and all
such powers as are authorized by the Act and Articles of Incorporation, which
are necessary to the achievement of the foregoing and in furtherance of the
purposes of the Authority.
ARTICLE IV
Metropolitan Area
The territory encompassed by all Members of the Authority which has not
been withdrawn and released from the Authority shall comprise the Metropolitan
Area of the Authority.
ARTICLE V
RELEASE OF POLITICAL SUBDIVISION FROM AUTHORITY
A political subdivision within the boundaries of Oakland County may be
released from the Authority and withdraw from the Metropolitan Area of the
Authority by utilizing the procedures set forth in Section 8 of the Act, MCL
124.468 124.458. The provisions of Section 8 of the Act shall apply to a
political subdivision seeking release and withdrawal to the same extent they
would apply to a political subdivision that is an incorporating member of a
public authority.
ARTICLE VI
POWERS, DUTIES AND LIMITATIONS
Section 1. The Authority, as provided in the Act, shall be a body
corporate with power to sue and be sued in any court of the State of Michigan
and shall be considered to be an agency and instrumentality of the State of
Michigan.
Section 2. The Authority shall have all powers necessary to carry
out the purposes of its formation and all things incident to carrying out the
purpose of its formation, including those specific powers specified by the Act,
except as limited herein, and the power to provide, or cause to be provided,
public transportation service and public transportation facilities within or
without the Metropolitan Area.
Section 3. The Authority shall have the power to enter into an
agreement with the Regional Transportation Coordinating Council ("RTCC")
created by Act 204, Public Acts of Michigan, 1967, as amended, or any successor
agency thereto, conferring, to the extent RTCC or any successor agency thereto
serves under law or by agreement with the Authority as the designated recipient
to apply for federal and state transportation operating and capital on the
Authority, as a subrecipient of federal and state transportation funds, the
right to receive and dispense grant funds from RTCC or successor agency
assistance grants.
Section 4. The Authority shall not utilize the provisions of
Section 18 of the Act, MCL 124.468 (Property Taxation), without first obtaining
the approval of the Oakland County Board of Commissioners, by affirmative vote
of a majority of the members elected to and serving on said County Board of
Commissioners.
Section 5. The Authority may contract with SMART and/or any other
transportation authority or political subdivision, agency or instrumentality of
the State, or any private entity, for all or part of the public transportation
services it is entitled or required to provide under the Act and these
Articles.
Section 6. The Authority shall have the power to jointly exercise
with any other public agency any power, privilege or authority which the
Authority shares in common with such other public agency and may exercise
separately. A joint exercise in power may be made by approval by the Board of
a contract or contracts in the form of an interlocal agreement, which agreement
may provide for the creation of separate legal or administrative entities to
administer or execute the agreement. Members to the governing body of such a
legal or administrative entity may be appointed in common with other public
agencies party to the interlocal agreement.
Section 7. The Authority shall have the power to finance the cost
of any election called by the Board or the governing body of any Member or
constituent unit of the Authority for the purpose of authorizing a tax for the
purpose of financing the public transportation services to be provided by, or
caused to be provided by, the Authority from any funds available to the
Authority for which such use is not prohibited by law.
Section 8. Unless provided otherwise by these Articles, no
enumeration of powers in these Articles shall in any way limit or restrict the
general power of the Authority as provided by law.
ARTICLE VII
Members and Voting Rights
Section 1. Voting Members. The Board of the Authority (the
"Board") shall be composed of the following voting members:
a. Two members who shall be appointed by the County Executive and
who shall serve at the sole pleasure of the County Executive.
b. Three members who shall be appointed by the Chairperson of the
Board of Commissioners, subject to the consent of the Board of Commissioners,
who shall serve at the Board of Commissioner's sole pleasure.
c. The Chairperson of the Board of Commissioners and the County
Executive shall also appoint persons to serve as an alternate member(s) for
each of the members they have appointed pursuant to Section 1 of this Article.
An alternate member appointed pursuant to this Section may serve as a voting
member of the Board at any time the primary member is absent or when a vacancy
exists in their seat on the Board.
d. Members and alternate members appointed pursuant to this Section
shall be persons who are residents of the Metropolitan Area.
Section 2. Vacancies. Except upon resignation of the member or
alternate member, each member or alternate member of the Board appointed
pursuant to Section 1 of this Article shall serve as a member or alternate
member of the Board until their term is ended by County Executive or Board of
Commissioner action.
Section 3. Adoption of Bylaws and Transaction of Business. Unless
a different voting requirement is otherwise required by the Act, the Board may
act to adopt or amend bylaws and rules of procedure governing its meetings and
to transact any business of the Authority or take any action with an
affirmative vote from a majority of all members of the Board serving as voting
members of the Board pursuant to Section 1 of this Article.
Section 4. Amendments to the Articles of Incorporation. These
Articles of Incorporation may be amended in the following manner:
a. By adoption of a resolution approving the amendment
by the Board of Commissioners of the County of Oakland
and the written approval of the County Executive.
Section 5. Quorum. A majority of the members of the Board serving as
voting members pursuant to Section 1 of this Article VI, or their alternates,
shall constitute a quorum for the transaction of business.
ARTICLE VIII
Officers and Chief Operating Officer
Section 1. The Board shall elect, by a vote of the majority of the Board
serving as voting members pursuant to Section 1 of Article VI, one or more
voting members of the Board to serve as Chairperson, Secretary and Treasurer of
the Authority. Except as specifically set forth in these Articles, the
qualifications, powers, duties and terms of office of the Chairperson,
Secretary and Treasurer shall be as set forth in the Bylaws of the Authority.
At any time when Bylaws have not been adopted, officers shall serve a term of
one year or until their successors are elected.
Section 2. The Chairperson of the Board shall preside at all meetings of
the Board. The Chairperson shall, under the direction of the Board, have the
power, on behalf of the Board, to perform all acts, execute and deliver all
documents and take all steps that the Chairperson may deem necessary or
advisable in order to effectuate the actions and policies of the Board.
Section 3. The Secretary shall keep the minutes of all meetings of the
Board and committees thereof in books provided for that purpose. The Secretary
shall do and perform such other duties as may be fixed by or incidental to
these Articles or the Bylaws of the Authority, or as may be from time to time
assigned by the Board.
Section 4. The Treasurer shall perform all acts incidental to the
position of treasurer as fixed by or incidental to these Articles or the Bylaws
of the Authority or as may be from time to time assigned by the Board.
Section 5. The Board may appoint a Chief Operating Officer of the
Authority, who may sign and execute all bonds, contracts, checks and other
obligations in the name of the Authority when so authorized by the Board. The
Chief Operating Officer shall have power over the management of the properties
and business of the Authority and employees thereof, and shall direct the
enforcement of all resolutions, rules and regulations of the Board. The Chief
Operating Officer shall have the authority to appoint such officers, employees
and agents as necessary to carry-out the purposes of the Authority under the
general policy direction of the Board. The Chief Operating Officer shall do
and perform such other duties as may be fixed by or incidental to these
Articles or the Bylaws of the Authority or as may be from time to time assigned
by the Board. The Chief Operating Officer shall serve at the pleasure of the
Board.
Section 6. The books and records of the Authority shall be open to
inspection and audit by duly authorized representatives of each Member and the
State of Michigan at all reasonable times.
ARTICLE IX
Publication and Printing of Articles of Incorporation
Upon execution by persons listed first above, the County Clerk of the
County of Oakland (the "County Clerk") shall endorse these Articles in
substantially the form required by the Act and cause a copy of these Articles
of Incorporation to be published once in a newspaper of general circulation
within the area to be served by the Authority, as provided by the Act. The
County Clerk shall be responsible for any other publications and filings
required by the Act with the Secretary of State, the County Clerk and the State
Department of Transportation.
ARTICLE X
Term and Effectiveness
The Term of existence of the Authority shall be perpetual or until
terminated in accordance with law.
These Articles shall become effective and the Authority shall become
operative upon the publication of these Articles pursuant to Article IX by the
County Clerk.
IN WITNESS WHEREOF, the Chairperson of the Oakland County Board of
Commissioners has executed these Articles of Incorporation on the _______ day
of ____________________, 1995.
THE COUNTY OF OAKLAND
By: ___________________
Larry P. Crake
Chairperson
Oakland County Board of Commissioners
Moved by Schmid supported by Pernick the resolution be adopted.
Moved by Schmid supported by McCulloch the Finance and Personnel
Committee Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by McCulloch the resolution be amended to
coincide with the recommendations of the Finance and Personnel Committee.
A sufficient majority having voted therefor, the amendment carried.
Move by Schmid supported by McCulloch the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by McCulloch the resolution be amended to
coincide with the recommendations of the General Government Committee.
Corporation Counsel Gerald Poisson reviewed the amendments covered by the
General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Moved by Obrecht supported by Douglas to amend the Articles of
Incorporation of the Oakland County Public Transportation Authority by adding
the following to Article VI:
"Section 9. Oakland County Transportation Authority shall not
contribute or transfer its funds to SMART unless municipal credit amounts
to all Oakland County municipalities will remain at not less than 1994
levels as adjusted for inflation, and these monies shall come from the
SMART State and Federal Funds. Said credits shall continue as long as
State and Federal funds exist to support municipal credits."
Discussion followed.
The Chairperson stated a "YES" vote supports the amendment; a "NO" vote
does not.
Vote on Obrecht's amendment:
AYES: Amos, Devine, Dingeldey, Douglas, Garfield, Huntoon, Johnson, Law,
Moffitt, Obrecht, Powers, Schmid, Taub, Wolf. (14)
NAYS: Crake, Holbert, Jacobs, Jensen, Kaczmar, Kingzett, McCulloch,
McPherson, Palmer, Pernick, Quarles. (11)
A sufficient majority having voted therefor, the amendment carried.
Moved by Garfield supported by Powers to amend the Articles of
Incorporation of the Oakland County Public Transportation Authority by adding
the following to Article VI:
"Section 10. Any money raised in Oakland County will be used in
Oakland County only."
Discussion followed.
AYES: Devine, Dingeldey, Douglas, Garfield, Huntoon, Jacobs, Jensen,
Johnson, Kingzett, Law, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos.
(17)
NAYS: Crake, Holbert, Kaczmar, McCulloch, McPherson, Palmer, Pernick,
Quarles. (8)
A sufficient majority having voted therefor, the amendment carried.
Moved by Moffitt supported by Obrecht to amend the Articles Of
Incorporation of the Oakland County Public Transportation Authority by changing
Article VI, Section 4 to read:
"Section 4. The Authority shall not utilize the provisions of
Section 18 of the Act, MCL 124.468 (Property Taxation), without first
obtaining the approval, separately for each proposed occasion of
utilization, of the Oakland County Board of Commissioners, by affirmative
vote of a majority of the members elected to and serving on said County
Board of Commissioners."
Discussion followed.
A sufficient majority having voted therefor, the amendment carried.
Moved by Moffitt supported by Obrecht to amend the Articles Of
Incorporation of the Oakland County Public Transportation Authority by adding
the following paragraph to Article VI, Section 5:
"The Authority shall not contract with SMART and/or any other
transportation authority without the prior approval of the Oakland County
Board of Commissioners by affirmative vote of a majority of the members
elected to and serving on said County Board of Commissioners."
Discussion followed.
The Chairperson stated a "YES" vote supports the amendment; a "NO" vote
does not.
AYES: Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson,
Kingzett, Law, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos. (16)
NAYS: Holbert, Jacobs, Kaczmar, McCulloch, McPherson, Palmer, Pernick,
Quarles, Crake. (9)
A sufficient majority having voted therefor, the amendment carried.
Moved by Moffitt supported by Taub to amend the Articles Of Incorporation
of the Oakland County Public Transportation Authority by changing the first
paragraph in Article VI, Section 5 to read:
"Section 5. The Authority may shall not contract with SMART and/or
any other transportation authority or political subdivision, agency or
instrumentality of the State, or any private entity, for all or part of
the public transportation services it is entitled or required to provide
under the Act and these Articles. without having first received from
SMART and/or such other authority a certified financial audit and a
certified performance audit, within a year of any contracting, of SMART
and/or such other authority with parameters of certified performance
audit to be set by the Oakland County Board of Commissioners or any
subsequently to be formed Public Transit Alternatives Task Force, said
audits to be paid for by SMART and/or such other transportation
authority."
Discussion followed.
The Chairperson stated a "YES" vote supports; a "NO" vote does not.
AYES: Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Kingzett,
Law, Moffitt, Obrecht, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine. (17)
NAYS: Holbert, Jacobs, Kaczmar, McCulloch, McPherson, Palmer, Pernick,
Quarles. (8)
A sufficient majority having voted therefor, the amendment carried.
Moved by Moffitt supported by Wolf to amend the Articles Of Incorporation
of the Oakland County Public Transportation Authority by changing Article VI,
Section 2 to read:
"Section 2. The Authority shall have all powers necessary to carry
out the purposes of its formation and all things prerogatives incident to
carrying out the purpose of its formation, including those specific
powers specified by the Act, except as limited herein, and the power to
provide, or cause to be provided, public transportation service and
public transportation facilities within or without the Metropolitan
Area."
and further, to amend Article VII, Section 1A to read:
"A. Five members who shall be appointed by the Chairperson of the
Board of Commissioners, subject to the consent of the Board of
Commissioners, who shall serve at the Board of Commissioner's sole
pleasure. At least one appointee shall be a member of the minority party
party not in the majority."
A sufficient majority having voted therefor, the amendment carried.
Moved by Powers supported by Obrecht to amend the Articles Of
Incorporation of the Oakland County Public Transportation Authority by adding
the following paragraph to Article VI:
"Section 11. The Chairperson of the Oakland County Board of
Commissioners is authorized and directed to enter into a contract with
SMART that will provide for all public transit election costs incurred by
the municipalities within Oakland County and the County of Oakland will
be reimbursed by SMART and that this contract shall be executed by SMART
and delivered to the Oakland County Board of Commissioners on or before
our next meeting following the adoption of these articles."
Discussion followed.
Commissioner Powers withdrew his amendment.
Moved by Moffitt supported by Obrecht to amend the Articles Of
Incorporation of the Oakland County Public Transportation Authority by changing
Article VIII, Section 1 to read:
Section 1. The Board shall elect, by a vote of the majority of the
Board serving as voting members pursuant to Section 1 of Article VI, one
or more a voting members member of the Board to serve as Chairperson and
a voting member of the Board to serve as Secretary of the Authority.
Except as specifically set forth in these Articles, the qualifications,
powers, duties and terms of office of the Chairperson and Secretary shall
be as set forth in the Bylaws of the Authority. At any time when Bylaws
have not been adopted, officers shall serve a term of one year or until
their successors are elected."
A sufficient majority having voted therefor, the amendment carried.
Moved by Law supported by Obrecht to amend the Articles Of Incorporation
of the Oakland County Public Transportation Authority by adding the following
paragraph to Article VI:
"Section 11. The public transportation authority created herein
shall cease and desist all operations, it shall dissolve one week
following the certification of the transportation millage election should
that millage question fail in Oakland County."
Discussion followed.
A sufficient majority having voted therefor, the amendment carried.
Commissioner Obrecht stated that he did not withdraw his support for
Commissioner Powers' amendment; therefore, he requested to have the amendment
back before the Board.
The Chairperson stated that Powers' amendment was before the Board.
Discussion followed.
Commissioner Powers withdrew the amendment; Commissioner Obrecht withdrew
his support.
Discussion followed.
Vote on resolution, as amended:
AYES: Holbert, Jacobs, Jensen, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Palmer, Pernick, Quarles, Wolf, Crake. (13)
NAYS: Douglas, Garfield, Huntoon, Johnson, Moffitt, Obrecht, Powers,
Schmid, Taub, Amos, Devine, Dingeldey. (12)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
REPORT (Misc. #95088)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: COUNTY CLERK/REGISTER, ELECTIONS - PUBLIC TRANSPORTATION MILLAGE
REIMBURSEMENT TO LOCAL UNITS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on March 27, 1995, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT (Misc. #95088)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: COUNTY CLERK/REGISTER, ELECTIONS - PUBLIC TRANSPORTATION MILLAGE
REIMBURSEMENT TO LOCAL UNITS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the above-referenced
resolution on March 30, 1995, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
acceptance of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #95088
BY: Commissioners Thomas A. Law and David L. Moffitt
IN RE: COUNTY CLERK/REGISTER, ELECTIONS - PUBLIC TRANSPORTATION MILLAGE
REIMBURSEMENT TO LOCAL UNITS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Suburban Mobility Authority for Regional Transportation
(SMART) has declared that it can no longer provide public transportation due to
financial limitations; and
WHEREAS in order to maintain public transportation services in Oakland
County, it will be necessary to establish a source of public funding; and
WHEREAS such additional funding would require voter approval; and
WHEREAS the local units of government have not budgeted funds for the
costs which would be associated with such a special election.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby pledges to the local units of government in Oakland County
that any reasonable expenses incurred by the municipalities in relation to a
special election called for the purpose of a public transportation millage will
be reimbursed by the County to the local jurisdiction.
BE IT FURTHER RESOLVED that the County Clerk/Register is authorized to
seek reimbursement from SMART for the County's direct expenses and the County's
expenses incurred in reimbursing the local units, and that an agreement for
such reimbursement shall be executed by the SMART Board prior to the placement
of the public transportation millage on the ballot.
Chairperson, we move the adoption of the foregoing resolution.
Thomas A. Law, David L. Moffitt
FISCAL NOTE (Misc. #95088)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: COUNTY CLERK/REGISTER, ELECTIONS - PUBLIC TRANSPORTATION MILLAGE
REIMBURSEMENT TO LOCAL UNITS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G of this Board, the Finance and Personnel Committee
has reviewed Miscellaneous Resolution #95088 and finds:
1. The resolution pledges the Board of Commissioners to
reimburse local units of government for any reasonable
expenses incurred in relation to a special election called
for the purpose of a public transportation millage.
2. The resolution further authorizes the Clerk to seek
reimbursement from SMART for the County's direct expenses and
expenses incurred in reimbursing the local units.
3. The County Clerk estimates that the County wide cost of a
special election to be approximately $500,000, including
$150,000 in expenses for the County Clerk's election supplies
and ballots and $350,000 in municipality cost primarily labor
and supplies.
4. The 1995 Budget be amended, as specified below:
Revenue
3-10100-213-01-00-xxxx SMART Reimbursement $ 500,000
Expenditures
4-10100-213-01-00-4838 Election Supplies $ 500,000
$ 0
FINANCE AND PERSONNEL COMMITTEE
Moved by Schmid supported by Palmer the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by Amos the Finance and Personnel Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Schmid supported by McCulloch the resolution be adopted.
AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles,
Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT (Misc. #95085)
BY: General Government Committee, Kay Schmid, Chairperson
IN RE: PUBLIC TRANSIT ALTERNATIVES TASK FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced
resolution on March 28, 1995, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
REPORT (Misc. #95085)
BY: Finance and Personnel Committee, John P. McCulloch, Chairperson
IN RE: PUBLIC TRANSIT ALTERNATIVES TASK FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance and Personnel Committee, having reviewed the above-referenced
resolution on March 30, 1995, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the Finance and Personnel Committee, I move the
acceptance of the foregoing report.
FINANCE AND PERSONNEL COMMITTEE
MISCELLANEOUS RESOLUTION #95085
BY: Commissioners Dan Devine and Ruth A. Johnson
IN RE: PUBLIC TRANSIT ALTERNATIVES TASK FORCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Directors of the Suburban Mobility Authority for
Regional Transportation (SMART) indicated on March 6, 1995 that, due to the
lack of funds, all line haul services would be terminated in Oakland County on
April 10, 1995 and all other services would be terminated on June 1, 1995; and
WHEREAS SMART ended its 1994 fiscal year with a deficit of $16,466,317;
and
WHEREAS SMART has requested that the Oakland County Board of
Commissioners create a transportation authority under the State of Michigan
Public Act 196 of 1986; and
WHEREAS the transportation authority authorized under Public Act 196 of
1986 would be able to hold a special election on May 23, 1995 to place a ballot
proposal before the voters of Oakland County to increase their property taxes
by one-third mill for a period of three years; and
WHEREAS public transportation in southeast Michigan and Oakland County
has been and continues to be a major problem; and
WHEREAS the proposals submitted by SMART to address the current problems
that SMART is experiencing may not be the best solution to provide cost
efficient and reliable public transportation for residents in Oakland County;
and
WHEREAS the Oakland County Board of Commissioners has not been presented
with alternative methods of providing cost efficient and reliable
transportation to Oakland County residents; and
WHEREAS the Oakland County Board of Commissioners should consider
alternative transportation and funding proposals; and
WHEREAS the Oakland County Board of Commissioners should establish a
special task force to consider alternative funding and transportation
proposals.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners establishes a special seven-member task force to consider
alternative funding and transportation proposals to the SMART proposal.
BE IT FURTHER RESOLVED that three members of the special task force will
be appointed by the Chairperson of the Oakland County Board of Commissioners
and that the remainder of the Task Force will be comprised of the Chairperson
and Vice Chairperson of the Finance/Personnel Committee and the General
Government Committee.
BE IT FURTHER RESOLVED that the special task force will elect its own
Chairperson and has 6 months from the adoption of this resolution to submit its
findings to the General Government Committee and Personnel and Finance
Committee.
Chairperson, I move the adoption of the foregoing resolution.
Dan Devine, Ruth Johnson,
David L. Moffitt, John P. Garfield,
Donn L. Wolf, Kay Schmid, Fran Amos,
Donald W. Jensen, Nancy L.
Dingeldey, Sue Ann Douglas, Lawrence A.
Obrecht, Donna R. Huntoon, Dennis N.
Powers
Moved by Schmid supported by Law the General Government and Finance and
Personnel Committee Reports be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Discussion followed.
Moved by Pernick supported by Kingzett the resolution be amended to
include the Chairperson of the Minority Caucus, or his designee as a member of
the task force.
A sufficient majority having voted therefor, the amendment carried.
Moved by Jacobs supported by Quarles to amend the resolution in the last
BE IT FURTHER RESOLVED paragraph to read:
"BE IT FURTHER RESOLVED that the special task force will elect its
own Chairperson and has 12 months from the adoption of this resolution to
submit its findings to the General Government Committee and Personnel and
Finance Committee."
A sufficient majority not having voted therefor, the amendment failed.
Moved by Devine supported by Law to amend the resolution in the first BE
IT FURTHER RESOLVED paragraph to read:
"BE IT FURTHER RESOLVED that three members of the special task
force will be appointed by the Chairperson of the Oakland County Board of
Commissioners and that the remainder of the Task Force will be comprised
of the Chairperson and the Majority Vice Chairperson of the
Finance/Personnel Committee and the General Government Committee."
A sufficient majority having voted therefor, the amendment carried.
Voted on resolution, as amended:
AYES: Huntoon, Jensen, Johnson, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield. (20)
NAYS: Holbert, Jacobs, Kaczmar, Pernick, Quarles. (5)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
Commissioner Sue Ann Douglas requested that the Clerk furnish all sixty-
one (61) communities with information and instructions on opting out.
In accordance with Rule XXII, the Chairperson made the following
referrals:
General Government
a. Township of Shelby - (Support) 1/3 Mill Vote
b. City of Ferndale - (Support) 1/3 Mill Vote
Others
Management and Budget
a. Equalization-Ind. Fac. Ex. of 5% SEV, Schmelzer Corporation,
Village of Oxford
b. Equalization-Ind. Fac. Ex. of 5% SEV, Akzo Nobel Coatings, Inc.,
City of Pontiac
There were no objection to the referrals.
The Chairperson stated the next Board meeting will be April 6, 1995 at
9:30 A.M.
The Board adjourned at 1:47 P.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson