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HomeMy WebLinkAboutResolutions - 2009.05.21 - 9857REPORT (misc. #09098) May 21, 2009 BY: Planning and Building Committee, John Scott, Chairperson IN RE: MR #09098— BOARD OF COMMISSIONERS — WATER RESOURCES COMMISSIONER — COUNTY PROTECTION AND ENFORCEMENT OF WETLANDS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on May 12, 2009. reports with a recommendation that the resolution be amended, as follows: 1. Revise the 1 st BE IT FURTHER RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners supports the Oakland County Water Resources initiative for a local regulatory approach that would create a "one-stop shop permitting" for landowners that would in turn, provide efficiencies and cost savings without compromising environmental protection. 2. Delete the 2nd BE IT FURTHER RESOLVED paragraph 3. Revise the 3rd BE IT FURTHER RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Granholnn, the Oakland County delegation to the Michigan legislature, the Oakland County Water Resources Commissioner, the Michigan Association of Counties 1aR4 Oakland County's lobbyists,. the Kent County Drain Commissioner, Director of the Wayne County Department of Environment and the Macomb County Public Works Commissioner. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND RUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried on a roll call vote with Nash. HurnA .and Schwartz voting no. Miscellaneous Resolution ;#09098 BY: Commissioner Shelley Taub, District 16 RE: Board of Commissioners — Water Resources Commissioner — County Protection and Enforcement Of Wetlands TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS wetland conservation is a matter of state and county concern; and WHEREAS the protection of wetlands is essential for preserving wildlife habitat that is necessary for breeding, nesting, and feeding for many forms of wildlife, waterfowl, including migratory waterfowl; and WHEREAS, wetlands provide a source of nutrients in water food cycles and nursery grounds and sanctuaries for fish; and WHEREAS, the protection of wetlands is essential for preserving hydrologic absorption and storage -capacity for flood and storm water control necessary to protect the health, safety and welfare of Oakiand County residents; end WHEREAS, the protection of wetlands is essential to protecting our subsurface water resources and recharging ground water supplies; and WHEREAS wetlands provide natural pollution treatment by serving as a biological and chemical oxidation basin; and WHEREAS wetlands are essential to erosion control by serving as a sedimentation area and filtering basin, absorbing silt anc organic matter: and WHEREAS in 1984, the State of Michigan received authorization from the federal government to administer the enforcement of wetland protection under Section 404 of the federal Clean Water Act; and, WHEREAS on February 3, 2009 in her state of the state address Governor Jennifer M. Granhoim proposed to return enforcement of wetland protection to the federal government thereby eliminating state oversight of this important natural resource; and WHEREAS this Is not the time for reducing environmental protection by returning state oversight over wetlands to the ferieral government; and WHEREAS since 2003 the Oakland County Water Resources Commissioner (formerly Oakland County Drain Commissioner) ;las advocated for a local regulatory approach that would create a "one-stop shop permitting" for landowners that would in turn, provide efficiencies and costs savings without compromising environmental protection; anc WHEREAS the Oakland County Water Resources Commissioners presently has environmental and inspection staff with the experience, training and skills that often overlap the state agents currently responsible for wetland management and protection; and WHEREAS the appropriate role for the state is to identify top performing communities, such as Oakland County, and fully empower them to implement specific parts of the Clean Water Act, including wetland protection; and WHEREAS counties should be allowed to assume the responsibility for wetland protection and enforcement subject to state oversight and of an approved wetland protection program, NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby opposes the State of Michigan returning enforcement of wetland protection to the federal government. COr1111-11i-S-07A4StiPE DiSkid #16 Taub Commissioner District # ommissionar 3 Commissioner District # Commis District Chairperson. I move the adoption of the foregoing resolution. A.vi, a ommissioner District # BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners supports the Oakland County Water Resources initiative for a for a local regulatory approach that would create a gone-stop shop permitting" for landowners that would in turn, provide efficiencies and costs savings without compromising environmental protection. BE IT FURTHER RESOLVED, that the Board of Commissioners supports legislation that would allow this County to assume the responsibility for wetland protection and enforcement subject to state oversight and of an approved wetland protection program. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Governor Granholm, the Oakland County delegation to the Michigan legislature, the Oakland County Water Resources Commissioner, the Michigan Association of Counties and Oakland County's lobbyists. Commissioner Commissioner Distriq# 1 District # Commissicfner Commissioner District # 24— District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Resolution #09098 April 23, 2009 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. Resolution #09098 April 23, 2009 Moved by Scott supported by Taub the resolution be adopted. Moved by Burns supported by Nash to refer the resolution back to the Planning and Building Committee. Discussion followed. Vote on referral: AYES: Greimel, Jackson, McGillivray, Nash, Schwartz, Zack, Burns, Coulter, Gershenson. (9) NAYS: Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub, Bullard, Cabello. Douglas. (13) A sufficient majority having not voted in favor, the motion to refer the resolution back to the Planning and Building Committee failed. Moved by Scott supported by Taub the Planning and Building Committee Report be acuepted. A sufficient majority having voted in favor, the report was accepted. Moved by Scott supported by Taub the resolution be amended to coincide with the recommendation in the Planning and Building Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Gosselin, Greimel, Jackson, Jacobsen, Long, McGillivray, Middleton, Potter, Potts. Runestad, Scott, Taub, Zack, Bullard, Burns, Cabello, Douglas, Gingell. (18) NAYS: Nash, Schwartz, Coulter, Gershenson. (4) A sufficient majority having voted in favor, the resolution, as amended, was adopted. DOES KIT REQUIRE COUNTY D(M ACTION 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 resolution adopted by the Oakland County Board of Commissioners on May 21, 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 21st day of May, 2009. Qae Ruth Johnson, County Clerk