HomeMy WebLinkAboutResolutions - 2009.12.09 - 9716REPORT (MSc. 109259) December 9, 2009
BY: GENERAL GOVERNMENT COMMITTEE — Christine Long, Chairperson
RE: MR #09259 — ACT 196 PUBLIC TRANSPORTATION AUTHORITY MILLAGE REQUEST
FOR AUGUST 3, 2010 BALLOT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on
November 30, 2009, hereby recommends that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the
foregoing report.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Ayes! Taub. Potter, Jacobsen, Potts, Cabello, Runestad, Long
Nays: Hatchett, Nash, McGillivray, Schwartz, Gershenson
Motion carried 7-5.
GENERAL GOVERNMENT COMMITTEE
Motion to Refer Directly to Finance Committee pursuant to Board Rule XII.E.
carried on a voice vote.
MISCELLANEOUS RESOLUTION #09259
BY: Commissioners John Scott, Bill Bullard, Kim Capello, Sue Ann Douglas, Michael Gingell, Robert
Gosselin, Brad Jacobsen, Christine Long, Tom Middleton, Jeff Potter, Jim Runestad, Shelley Taub,
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY IMLLAGE REQUEST FOR AUGUST 3,
2010 BALLOT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS on March 30, 1995, the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #95083, Act 196' Public Transportation Authority-Atticles of Incorporation, establishing the
Oakland County Public Transportation Authority (OCPTA); and
WHEREAS in accordance with the Articles of Incorporation, as adopted and amended, Article VI, OCPTA
may not place a millage question before its member communities without the prior authorization of the
Oakland County Board of Commissioners; and
WHEREAS the granting of authorization by the Oakland County board of Commissioners supports the
right of voters residing in public transit authority opt-in communities to choose whether or not they wish to
continue their support of public transit; and
WHEREAS the granting of authorization by the Oakland County Board of Commissioners does not
constitute either support or non-support of this particular millage issue: and
WHEREAS 23 Oakland County communities, including the Cities of Auburn Hills, Berkley, Birmingham,
Clawson, Farmington, Farmington Hills, Ferndale, Hazel Park, Huntington Woods. Madison Heights, Oak
Park, Pleasant Ridge, Pontiac, Royal Oak, Southfield, Troy, and Walled Lake; the Townships of West
Bloomfield, Royal Oak and Bloomfield; and the Villages of Beverly Hills, Bingham Farms and Franklin,
have chosen to retain membership in the OCPTA and have voted to adopt a millage in support of public
transportation services for their communities; and
WHEREAS the millage approved by transit authority area voters in 2006 expires with the 2009 tax year
and
WHEREAS the Suburban Mobility Authority for Regional Transportation (SMART) has indicated that a
continued rate of .59 mills is needed to fund the needs of the public transit dependent, the senior and the
disabled communities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Oakland County Public Transportation Authority to utilize Section 18 of the Act 196, MCL
124.468 (Property Taxation), for the purpose of placing before voters residing in the OCPTA area the
proposition of establishing a .59 millage rate for the years 2010, 2011, 2012 and 2013, inclusive, to
support public transportation within the OCPTA area.
BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition be placed
on the August 3, 2010 primary election ballot.
BE IT FURTHER RESOLVED that the Board of Commissioners recommends the proposition form reflect
the withdrawal or addition of political subdivisions from or to the Authority if same occurs.
BE IT FURTHER RESOLVED that the County Clerk is directed to do all things and provide all supplies
necessary for the placing of this question on the ballot as required by law.
Chairperson, we move the adoption of the foregoing resolution.
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Resolution #09259 October 29, 2009
The Vice-Chairperson referred the resolution to the General Government Committee. There were no
objections.
FINANCE COMMITTEE
FISCAL NOTE (MISC.. #09259) December 9, 2009
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: ACT 196 PUBLIC TRANSPORTATION AUTHORITY MILLAGE REQUEST FOR AUGUST 3,
2010 BALLOT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes the Oakland County Public Transportation Authority to utilize Section
18 of the Act 196, MCL 124.468 (Property Taxation), for the purpose of placing before voters
residing in the OCPTA area the proposition of establishing a .59 miIiage rate for the years 2010,
2011, 2012, 2013 inclusive, to support public transportation within the OCPTA area,
2. The proposition is to be placed on the August 3, 2010 primary election ballot.
3. There are no financial implications to the County by placing this proposition on the primary
election ballot for August 3, 2010
FINANCE COMMITTEE
Ayes: Long, Potts, Taub, angel', Douglas, Middleton
Nays: Zack, Coulter, Woodward, Greimel
Absent: Potter
Motion carried.
Resolution #09259 December 9, 2009
Moved by Long supported by Scott the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Scott the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Discussion followed.
Moved by Schwartz supported by Burns to substitute Miscellaneous Resolution #09259 with a new
resolution.
Commissioner Douglas objected stating that the amendment was not germane.
Chairperson Bill Bullard. Jr. declared a brief recess to discuss the issue with Judy Cunningham,
Corporation Counsel.
Chairperson Bill Bullard, Jr. called the meeting back to order at 8:13 p.m.
Chairperson Bill Bullard, Jr. ruled that the amendment was not germane.
Moved by Schwartz supported by Nash to reverse the decision of the Chair.
AYES: Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz,
Woodward, Zack, Burns. (12)
NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott,
Taub. Bullard, Capello. (13)
A sufficient majority not having voted in favor, the motion failed.
Moved by Schwartz supported by Potts to amend the resolution as follows:
2010, 2011-, 20-12 and 20'1-3, and to insert 2009 and 2010
Discussion followed.
Commissioner Douglas, as a point of order, stated the amendment is not the same as what is written.
Chairperson Bill Bullard, Jr. declared a brief recess.
Chairperson Bill Bullard Jr, called the meeting back to order at 8:19 p.m.
Commissioner Schwartz withdrew the motion and Commissioner Potts withdrew support.
Moved by Schwartz supported by Potts the resolution be amended in the NOW THEREFORE BE lT
RESOLVED paragraph to strike 2012 an42013 and to leave the years 2010 and 2011, so it would be a
two year millage.
As a point of order, Commissioner Gingell asked for clarification on the amendment.
Discussion followed.
Gerald Poisson, Deputy County Executive, addressed the Board.
Discussion followed.
Vote on amendment:
AYES: Coulter. Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Potts, Schwartz,
Woodward, Zack, Burns, Coleman. (13)
NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Runestad, Scott, Taub,
Bullard, Capello. (12)
A sufficient majority having voted in favor, the amendment carried.
Moved by Taub supported by Jacobsen to amend the resolution to strike the last WHEREAS paragraph
and change the millage rate in the first NOW THEREFORE BE IT RESOLVED paragraph from .59 to .54.
Discussion followed.
Commissioner Taub withdrew the motion and Commissioner Jacobsen withdrew support.
Moved by Taub supported by Gosselin to add another BE IT FURTHER RESOLVED paragraph to read:
BE IT FURTHER RESOLVED that all "Opt-In" communities receive double the current
Community Credits if their total tax millage contribution to SMART Is over $1.8 million and
if they operate their own senior/disabled Community Transportation System.
Discussion followed.
Chairperson Bill Bullard, Jr. reopened Public Comment,
Gerald Poisson, Deputy County Executive, and Steve Brown, Interim Director of SMART, addressed the
Board.
Discussion followed
Vote on amendment:
AYES: Gosselin, Jacobsen, Taub. (3)
NAYS: Douglas, Gershenson, Gingerf, Greimel, Hatchett, Jackson, Long, McGillivray, Middleton,
Nash, Potter, Potts, Runestad, Schwartz. Scott, Woodward, Zack, Bullard, Burns. Capello,
Coleman. Coulter. (22)
A sufficient majority not having voted in favor, the amendment failed.
Moved by Taub supported by Gosselin to add another BE IT FURTHER RESOLVED paragraph to read:
BE IT FURTHER RESOLVED that an "Opt-in" community operating its own Community
Transportation system can request of SMART to operate both their current system and the
SMART mini-transit bus system.
Discussion followed.
Vote on amendment:
AYES: Gershenson, Gosselin. Jacobsen, Runestad, Taub. Douglas. (6)
NAYS: Gingell, Greimet, Hatchett, Jackson, Long, McGillivray, Middleton, Nash, Potter, Potts,
Schwartz, Scott, Woodward, Zack, Bullard, Burns, Capella, Coleman, Coulter. (19)
A sufficient majority not having voted in favor, the amendment failed.
Discussion followed.
Vote on resolution, as amended:
AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton.
Nash, Potter, Potts. Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns, Capello,
Coleman. Coulter, Douglas, Gershenson. (24)
NAYS: Zack. (I)
Y APPROVE THE FOREGOING RESOLUTION
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resoluton adopted by the Oakland County Board of Commissioners on December
9, 2009, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac. Michigan this 9th day of December, 2009.
eat
Ruth Johnson, County Clerk