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HomeMy WebLinkAboutResolutions - 1986.04.17 - 10736April 17 , 1986 Miscellaneous Resolution 86103 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS - APPROVAL OF RULES OF PROCEDURE OF MUNICIPAL SOLID WASTE BOARD TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland has adopted, pursuant to Act 641 of Michigan Public Acts of 1978, as amended, the Oakland County Solid Waste Management Plan (the "County Plan") providing for the disposal of non-hazardous solid waste and emphasizing the use of resource recovery facilities while limit- ing the use of sanitary landfills; and WHEREAS, in order to begin to implement the County Plan, the County of Oakland has previously entered into an Intergovernmental Agreement for the Disposal of Solid Waste (the "Agreement") with each of twenty-eight local units of government within the County; and WHEREAS, pursuant to the Agreement, there has been established a Municipal Solid Waste Board ("MSWB"), consisting of one member from each of the aforementioned twenty-eight local units of government and the Chairperson of the Planning and Building Committee of the Board of Commissioners, for the purpose of assisting in the implementation, operation, management and administration of the System (as defined in the Agreement); and 1147VE YAPPROTHEFOR ONGRESOLUTON '641e1: T.eLourt T We WHEREAS, pursuant to the Agreement, the MSWB is required to adopt rules and regulations relating to its conduct and to carry out its obligations under the AgreeMent, which rules and regulations are subject to approval by the Board of Commissioners; and WHEREAS, the MSWB has adopted Rules of Procedure pursuant to the Agreement and has forwarded the same to the Board of Commissioners for approval; and WHEREAS, the Board of Commissioners of the County of Oakland deems it necessary and advisable to approve the Rules of Procedure adopted by the MSWB. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSION- ERS OF THE COUNTY OF OAKLAND, as follows: 1. The Rules of Procedure of the MSWB, in the form presented to this meeting, are hereby approved. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE 7 ROLL CALL CALL VOTE Ayes: Nays: Absent: -2-- March 18, 1986 RULES OF PROCEDURE OF THE OAKLAND COUNTY MUNICIPAL SOLID WASTE BOARD ARTICLE I ESTABLISHMENT The Municipal Solid Waste Board of the County of Oakland, Michigan (the "Board") is established pursuant to an Intergovernmental Agreement For The Disposal of Solid Waste between the County of Oakland (the "County") and the Original Municipalities which adopted and entered into such Agreement (the "Municipalities") effective as of February 28, 1986 and as the same shall be amended as provided therein (the "Agreement"). The Agreement provides the Board shall adopt rules and regulations relating to its conduct and to carry out its obligations under the Agreement and these rules (the "Rules") are in fulfil lment of such obligation. The Board shall have no obligations or responsibilities as provided in these Rules beyond those set forth in the Agreement. ARTICLE 11 PURPOSE The Board shall be established for the purpose of — having responsibility in cooperation with the County for the setting of policy relating to the financing, acquisition, administration, management and operation of the System, all as provided in the Agreement and carrying out such other functions as are delegated to it in the Agreement. ARTICLE Ill COMPOSITION Section 1. Membersh12. a. The Board shall be composed of one member from each Original Municipality and Additional Municipality appointed in each case by the governing body of such Municipality, and the Chairperson or designee of the appropriate committee of the Board of Commissioners of the County as determined and appointed by the Chairperson of the Board of Commissioners of the County. b. Each Municipality and the County may also appoint an alternate to act in the absence of the member. Section 2. Following Approval of the Plan of Financiu. At such time as the Plan of Financing has been approved, any and all Municipalities which have not approved the Plan of Financing, as provided in the Agreement, shall no longer be entitled to be represented on the Board. Section 3. Compensation. a. The Board shall serve without compensation, except that reimbursement of expenses may be provided. b. Costs attributable to clerical and secretarial personnel and 'Iny funds advanced to the Board by the County 2 shall be included in the System Costs, as provided in the Agreement. ARTICLE IV . MEETINGS Section 1. General. a. The Board shall meet at least quarterly provided, however, the Board, by resolution, may modify this schedule. b. Special meetings may be called by the County Executive, by the Chairperson of the Board, or by at least twenty-five percent (2596) in number of the appointed members of the Board, upon prior written notice, as provided in these Rules. c. Meetings shall be conducted in accordance with the most recent edition of Robert's Rules of Order, now available, except where it conflicts with provisions of these Rules or the Agreement. Section 2. Quorum and Voting. a. A quorum shall consist of fifty percent (50%) of the members plus one. b. The Board shall act by resolution of a majority of its members, unless otherwise specified in these Rules or required in the Agreement. c. in the event the Board fails to take any action (1 ncl.pding but not limited to deferral to a subsequent meeting) with respect to any matter requiring its 3 approval pursuant to the Agreement within the time specified in the Agreement for such approval, or within thirty (30) days after such matter is referred to it if no time is specified, such matter shall be deemed to have been approved by the Board for the purposes of the Agreement and these Rules. Section 3. Place of Meeting.. The Board shall meet at such location as the Board may determine or as shall be necessary to conduct its business; provided, however, that all meetings shall be held upon prior written notice in accordance with Act 267, Public Acts of Michigan of 1976, as amended. Section 4. Notice of Meeting. A notice of any meeting shall be mailed to each member of the Board to the address designated by each member of the Board for the purpose of receiving notice, and if no address is designated, then such notice shall be sent in care of the Municipality being represented, or, in the case of the Commissioner member, in care of the Oakland County Commissioners. Such notice shall be mailed at least four (4) days prior to the meeting to be called. ARTICLE V OFFICERS Section I. Officers. The —Board shall elect from its members a Chairperson and Vice-chairperson. The Board may elect, 4 appoint or employ a Secretary and Treasurer who may or may not be members of the Board. Each Off icer shall have a term of one year. Any Officer may be removed and replaced at any time by a majority of the members of the Board. Section 2. Chairperson. The Chairperson shall preside at all meetings of the Board. He or she shall be ex-officio a member of all committees of the Board. The Chairperson shall have and may exercise such other authority as is specifically granted from time to time by the Board. The Chairperson, in conjunction with County Staff, shall establish the agenda. Section 3. Vice-Chairperson. The Vice-Chairperson shall act in the absence of the Chairperson and shall have such authority and responsibility as the Chairperson while so acting. Section 4. Secretary. The Secretary shall keep minutes of all meetings and record all votes of the Board in a book to be kept for that purpose. The Secretary shall perform like duties for all committees of the Board and have such other authority as granted from time to time by the Board. Section 5. Treasurer. The Treasurer shall keep full and accurate accounts of any receipts and disbursements of any and all moneys held Wthe Board for any purpose. The Treasurer shall disburse such moneys only upon the prior approval of 5 the Board; provided the Board ma), b‘ resolution, authorize miscellaneous disbursements without advance Board approval. The Treasurer shall give the Board a bond, if required bv the Board, for the faithful performance of his or her duties. ARTICLE VI COMMITTEES Section 1. General. The Board shall establish such advisor) committees as it deems necessary to cam out its responsibilities under the Agreement and these Rules. Section 2. Executive Colunittee. An Executive Committee of the Board is hereby established consisting of the Chairperson of the Board, the Vice-Chairperson of the Board and four other members. Of these six positions, three shall be from cities and villages : and three shall be from townships. All six representatives shall be approved by majority vote of the Board. The: representative from the Board of County Commissioners shall also serve on the Executive Committee. The Executive Committee shall carry out functions delegated to it by the Board. Section 3. Nominating. Committee A Nominating Committee of the Board is hereby established consisting of one representative each from a Cit‘, a Village and a Township. The Nominating Committee 6 shall be appointed b the Chairperson with the approval of the Board. ARTICLE VII AMENDMENTS At anA meeting, the Board maN amend these Rules IDN a 213 majority vote of the members upon 10 days prior written notice to all members of the Board of the proposed amendment, subject to the limitations upon the adoption and/or amendment of these Rules contained in the Agreement. 7 #86103 April 17, 1256 this _ 17.thday of 19 86 April ALLEN Counk/ Clerk/Register of Deeds Moved by Hobart supported by Hassberger the resolution be adopted. AYES: Gosling, Hassberger, Hobart, Holland, Richard Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro, Doyon, Fortino. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on April 17, 1986: with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan