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HomeMy WebLinkAboutResolutions - 1989.09.14 - 17187FISCAL REPORT September 28, 1989 BY: FINANCE CONFEITLE, DR. G. WILLIAM CADDELL, CEAIRPERSON IN RE: , - NS' SERVICE DIVISICN-ELIMINATION OF CURRENT MAXIMUM FEE STRUCTURE FUR VETERANS' CRAVE MARKERS-MI 4 S RESOLUTICN #89224 TO THE OAKLAND COUNTY BCARD OF CCMMISSICNERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI -G of this Board, the Finance Committee, having reviewed Miscellaneous Resolution #89224, reports as follows: 1) The County currently pays a maximum of $45 to place markers at the grave site of qualified Veterans, 2) Actual costs for marker placement ranges from $35 to $175 in Oakland County, 3) Payment of the actual cost of placing a burial headstone for Veterans is the intention of Public Act 235 of 1911, 4) Due to fewer deaths of qualified Veterans, funding is available in the 1989 Budget, therefore no budget amendment is necessary, 5) Estimated costs for Soldier Burial and Marker Placement are: 1990-$260,000 and 1991-$271,000. This 7.5% increase will be included in the 1990-1991 County Executive's Budget Recommendation. It includes anticipated burials and actual costs of marker placement. FINANCE CCITUTIEE MISCELLANEOUS RESOLUTION #89224 September 14, 1989 BY: PUBLIC SERVICES COMMITTEE, ,RICHARD D. KUHN JR., CHAIRPERSON IN RE: VETERANS' SERVICES DIVISION - ELIMINATION OF CURRENT MAXIMUM FEE STRUCTURE FOR VETERANS' GRAVE MARKERS TO THE OAKLAND COUNTY BOARD OF COMMISSIONER'S . Mr. Chairperson, Ladies and Gentlemen: WHEREAS the United States Department of Veterans' Affairs furnishes a burial headstone for Veterans upon their demise; and WHEREAS Public Act 235 of 1911 requires that counties pay toward the burial expenses and cause the markers to be set for indigent wartime veterans; and WHEREAS by Miscellaneous Resolution #5117 of July 1, 1969, the Oakland County Board of Supervisors set the payment of marker setting at $45; and WHEREAS Corporation Counsel has reviewed this matter and has determined that payment of actual cost is the intention of Public Act 235 of 1911; and WHEREAS because of the limited payment established twenty years age, there are indigent wartime veterans grave sites which are unmarked for lack of funds to pay the cemeteries to set these markers; and WHEREAS the cost to set a marker ranges from $35 to $175; and WHEREAS given this present range of marker costsi there are sufficient funds in the Veterans' Services Division budget to pay the actual marker setting fees for 1989. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners remove the current maximum fee structure for setting indigent wartime veterans grave markers and pay the actual cost of causing the markers to be placed. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Public Services Committee TOREGOING RE1.-;01j. LYNN/b. ALLEN, County Clerk/Register of C 'day 0 F eptember Zf, maw 1989 Resolution # 89224 September 28, 1989 Moved by Richard Kuhn supported by Skarritt the resolution be adopted. AYES: Oaks, Olsen, Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Crake, Ferrens, Gosling, Hobart, Johnson, R. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt. (21) 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 resolution adopted by the Oakland County Board of Commissioners at their regular meeting held on September 28, 1989 with the original 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 this 28th PAUL M. SAVAGE, CHAIRMAN THELMA M. CANNON, VICE CHAIRMAN ARTHUR A. GALE, JR., SECRETARY ROYAL OAK OFFICE 2401 E. FOURTH ST. ROYAL OAK, MICHIGAN 48067 (313) 542-0220 CARL A. PARDON, MGR. VETERANS' SERVICE DIVISION OAKLAND COUNTY SOLDIERS' RELIEF COMMISSION MoramOrirmEStmomW 1200 NORTH TELEGRAPH ROAD " PONTIAC, MICHIGAN 48053 (3)3) B58-0785 , ..!ar August 18, 1989 Richard Kuhn, Chairman Public Services Committee Board of Commissioners Dear Commissioner Kuhn: I am attaching the following exhibits: 1. Copy of Board of Supervisors Resolution of July 1, 1969. 2. Letter from Corporation Counsel of April 23, 1989. 3. Minutes of June 27, 1989 Soldiers Relief Commission. 4. Suggested Resolution for Public Services Committee action. 5. Copy of P.A. 235 of 1911 (M.C.L.A. 35.801-35.804). I am asking to be placed on the August 29 Public Services Committee agenda to present the Soldiers Relief Commission request for a change in the marker setting fee. Year No. of Markers Total Cost Average Cost 1988 294 $13,190.00 $ 44.86 1987 291 13,125.00 45.00 1986 309 13,805.00 44.67 1985 265 11,698.00 44.14 1984 319 14,075.00 44.12 To date in 1989 we have paid $6,203 for the setting of 138 markers for an average cost of $44.95. At this rate of expenditure, we would anticipate spending $12,420 for the year with the current approved rate of $45 per marker. The average cost to set a marker in Oakland County is $93.34. The fees range from $35 to $175. If the Board eliminates the ceiling as the resolution is written, we would expect to spend an additional $13,800 for a total expenditure in 1989 of $20,000. This increase would not require additional funding because the line item is currently being underspent due to fewer eligible veterans dying. The Soldiers Relief Commissioners, Chairman Paul Savage, Vice Chairwoman Thelma Cannon, and Secretary Arthur Gale, are planning on being present at -the meeting. Sincerely, Carl A. Pardon Manager of Veterans Services jgs attachments `‘4, §35.801 FUNERAL EXPENSES OF VETERANS 83 84 - MICHIGAN VETERANS' TRUST FUND §35.802 FUNERAL EXPENSES OF VETERANS Act 235 of 1911 AN ACT to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts. 1 fistory: 1911, Act 215, Eff. Aug. 1, 1911:-Am. 1944, 1:1 Ex. Sesa., Act 24, Imd. Eff. Feb. 29, 1944:-Am. 1974, Act 99, Imd. Elf. May 14, 1974. The People of the Stale of Michigan, enact: 35.801 Veterans' burial expenses; payment by county; application; "service," "estate," and "homestead" defined. Sec. 1. If an honorably discharged member of the armed forces of the United States who served for a period of not less than 90 days of active service, or who is discharged under honorable conditions after serving less than 90 days of active service because of a service connected disability, during a period of time in which the United States was at war or during the Vietnam conflict, or the wife or widow of a member of the armed forces of the United States, dies not possessed of an estate, both real and personal, exceeding the sum of $25,000.00, over and above all encumbrances and was a resident of the state at the time of death and a resident of the state for a period of 6 months before entering the service or for a period of 3 years immediately before death, the county board of commissioners or the board of county auditors, upon application by the executor or administrator of the estate of the deceased person, or by . the person who incurred or advanced expenses in connection with the burial of the honorably discharged member of the armed forces, or the spouse of the honorably discharged member of the armed forces, shall pay to the estate of the deceased person, or to the person who incurred or advanced the burial expense, the sum of $300.00. If the investigation provided for in section 2 shows that the deceased did not leave a dependent surviving, but did leave an estate sufficient to meet lawful claims, including burial expenses, then the county board of commissioners or the board of county auditors shall not pay the expenses. The application shall be submitted within 2 years after the date of deathof the deceased person. (2) As used in this act, "service" includes persons serving in the armed forces of the United States in a place of emergency when ordered to so serve by the government of the United States, as defined in section 1 of Act No. 190 of the Public Acts of 1965, as amended, being section 35.61 of the Michigan Compiled Laws, including the Vietnam conflict. (3) As used in this section, "estate" means the ownership of realty or personalty at the time of death, the title to which property was held either in the sole name of the decedent or by the entireties, tenancy in common, or joint tenancy with, the spouse, child, or parent of the decedent, but does not include realty owned by the decedent as the homestead of the decedent. (4) As used in this section, "homestead" means a dwelling or unit in a multiple unit dwelling and includes a mobile home or trailer coach. History: 1911, Act 235. Eff, Aug. 1, 1911;-CL 1915, 1057-Am. 1919, Act 165, Eff. Aug. 14, 1919:-Am, 1921, Act 125, Elf, Aug. 18, 1921:-CL. 1929, 927:-Am. 1943, Act 122,1md. Elf. Apr, 13, 1943:-Am, 1944, 1st Ex, Sess., Act 24, Irnd. Eff. Feb. 29, 1944;-CL 1948, 35.801;-Am. 1952, Act 121, Elf. Sept. 18, 1952;-Am. 1955. Act 94, Elf. Oct. 14, 1955:-Am. 1959, Act 235, Ell. Mar. 19, 1960:-Am. 1968, Act 322, Imd. Eff. July 3, 1968:-Am. 1969, Act 52, imd, Eff. July 21, 1969;-Am. 1973, Act 158, Eff, Mar. 29, 1974:-Am. 1974, Ac199, /md. Elf. May 14, 1974:-Am. 1976, Acl 186, Irnd, Cl!. July 8, 1976-Am. 1978, Act 374, lmd. Eff. July 2'7, 1978. Cited In other sections; ;Sections 35.801 to 35.804 are cited in ;35.622, Former law; See Act 170 of 1885, being CL 1897, 111693 to 1696, which wiz repealed by Act 242 of 1899. Act 242 of 1999 35.802 Soldiers' relief commission; investigation of application for reim- bursement, compensation. Sec. 2. It shall be the duty of the members of the soldiers' relief commission of each county, whenever application is made for reimbursement by the county for such funeral expenses paid or advanced, or incurred for the burial of such deceased person, to make an investigation of such claim and report their action to the clerk of the board of supervisors of the county, or to the clerk of the board of county auditors as the case may be, in all cases setting forth all the facts, together with the name, rank and command to which such soldier, sailor, marine, nurse or member of the women's auxiliary belonged, and in case of such wife or widow, the rank and cornmand to which her husband or deceased husband belonged, the name and service rendered as such army nurse, the date of his or her death, place where buried, and his or her residence and occupation while living. They shall require such person or persons who paid, advanced or incurred such burial expenses for such deceased person to furnish the board of supervisors, or board of county auditors in counties having a board of county auditors, with a sworn itemized statement of the expense incurred in the burial of the deceased person mentioned in the application. The members of the commission, except where they are paid a salary, shall receive from the county the sum of $2.00 per day for the time actually and necessarily employed by them in the performance of their duties. I Ilstory: 1911, Act 235, Eff, Aug. 1, 1911;-CL. 1915, 1098:-CL 1929, 928:-Am. 1943, Act 122. lmd. Eff. Apr. 13. 1943:- Am. 1944, lot Ex. SC31„ Act 24, Imd. Eli. Feb. 29, 1944:-CL 1948, 35,802. n,; 35.803 Duties of county clerk; record of application and reimbursement; headstones. Sec. 3. It shall be the duty of the clerk of the board of supervisors or.board of county auditors as the case may be upon receiving the report and statement of expenses provided for in the preceding section, to transcribe in a book kept for that purpose all the facts contained in said report respecting such deceased soldier, sailor or marine, or the deceased wife or widow of the same, or such deceased army nurse, and to report such application and statement to the board of supervisors or the board of county auditors, as the case may be, at the next meeting thereof. It shall be the further duty of said clerk upon the death and burial of any such .soldier, sailor or marine, and upon request therefor, to make application to the proper, authorities under the government of the United States for a suitable headstone as is now or may hereafter be provided by act of congress, and to cause the same to be placed at the head of the grave of such deceased soldier, sailor or marine. And also, to cause a suitable headstone to be placed at the head of the grave of the deceased wife or widow of such soldier, sailor or marine or army nurse if the same shall now or hereafter be provided by act of congress. II istury; 1911, Act 235, Eff. Aug. 1, 1911;-CL 1915, 1059;-CL 1929, 929:-CL 1948, 35.803, Croas•refcrences; As to markers for veterans' graves, see 535.831 et seq. 35.804 Veterans' funeral expenses; payment by county. Sec. 4. All expenses incurred in such burial as provided in this act, shall be audited and paid by the board of supervisors, or board of .county auditors in counties having a board of county auditors, the same as other legal charges against the county. 1011, Act 235, Eff. Aug. 1,1911:-CL 1915, 1060:-CL 1929, 930;-CL 1948, 35.504. Compiler's note: Former aectIon Sot this act, a repeal provision, was repealed by Act 267 of 1945. n.n PAUL M. SAVAGE, CHAIRMAN THELMA M. CANNON, VICE CHAIRMAN ARTHUR A. GALE, JR., SECRETARY CARL A. PARDON, MGR. VETERANS • SERVICE DIVISION ROYAL OAK OFFICE 2401 E. FOURTH ST. ROYAL OAK, MICHIGAN 48067 (313) 542-0220 OAKLAND COUNTY SOLDIERS' RELIEF COMMISSION (NORTH OFFICE BUILDING) 1200 NORTH TELEGRAPH ROAD PONTIAC, MICHIGAN 48053 (3t9) 858-0785 MINUTES• June 27, 1989 The meeting was called to order at 10:50 a.m. by Chairman Savage. Members Present: Others Present: Chairman Savage Vice Chairman Cannon Secretary Gale Carl Pardon, Manager VSD M/Gale S/Cannon to approve the minutes of May'23, 1989 as mailed. Carried. • Old Business ERWIN, Steven T. 44.775 RO. As instructed by the Commission at the May meeting, a letter was sent to the mother of the deceased and no further response has been received from her. The Manager discussed the motion concerning marker setting fee increase to $100. Bob Chisholm advises to request payment of actual cost not limited to any dollar ceiling. Discussion by the Commission resulted in: M/Gale S/Cannon to rescind the motion of May 23, 1989 regarding the marker setting fee increase to $100. Carried. M/Cannon S/Gale to request no limit on marker setting fee as ruled on by Corporation Counsel and the Attorney General. Carried. The Oak Hill Cemetery unset veterans markers have been followed as instructed by the Commission. To date 11 letters were sent to the last known interested party and there was no response from 8 7 1 not interested and 2 paid for the setting. The files will now be retired. New Business Lakeview Cemetery has notified the Division that the cost to set a ' veterans marker will now be what the county pays. The Burial expenses as of May 30, 1989 were $85,598.20 and the Relief expenses were $2,408.29. The Relief List was circulated. GOODENOUGH, Walter E. 42.159 P. The widow has appealed her denial of County Burial Allowance. Her contention is that he intended to reside in Oakland County. Evidence shows an airline ticket to Detroit on March 13, 1989, registration'at the Southfield Holiday Inn on March 15, 1989 and death, occurred on March 16, 1989 in the early hours. The Commission does not feel, since he left his wife in Australia, that he intended, to do anything other than visit Michigan. M/Gale S/Cannon to send a letter to President Bush regarding the Supreme Court decision about flag burning. Carried. The next meeting will be held July 25, 1989 in the North Office Building at 10:00 a.m. ' Meeting adjourned at 12 noon. COUNTY MICHIGAN DEPARTMENT OF CORPORATION COUNSEL April 23, 1989 Daniel T. Murphy, Oakland County Executive Jack C. Hays, Director 858-0557 - Linda E. Wasielewski, First Assistant 858-0553 Gordon Ft. Wyllie 858-0555 Donald E Slavin 858-0554 John F. Ross, Jr. 858-0558 Karl W. Randall 858-0556 Michael Blaszczak 858-0551 tr.> ri - Gordon R. Wyllie Carl A. Pardon Manager Veterans' Services Dear' Carl: In an attempt to answer your question - "Can the Board of Commissioners limit (as they do) the amount of money paid toward the marker setting or is the Attorney General ruling that we must pay all of the expense?", I have reviewed the Statute, the Miscellaneous Resolution 5177 of July 1, 1969, which authorized the $45.00 cost, and reached the conclusion that a good argument could be made against limiting the amount. The Statute when it says "...to cause a suitable headstone to be placed...",:implies that the clerk of the Board of Supervisors or Board of County Auditors must stand whatever cost that placement entails. My reasoning on this is that at the beginning of section 3, "shall" is used, i.e.: "It shall be the duty..." and courts interprete the word "shall" to be mandatory, i.e.: required. My suggestion in solving the problem, considering that there is a resolution limiting the amount, is to propose a resolution with no amount but which would yearly establish a fund based on the estimated expenditures. Barring an open ended resolution, a resolution updating the maximum amount to something which approximates the true cost might be in order. You made reference in your letter to a letter opinion of the Attorney General of January 6, 1969. This is in the nature of an unpublished opinion and, therefore, only binding upon the party , to whom the letter is written, although it certainly would have probative value to the Board Committee that considered the question. I hope this opinion does not raise more questions than it answered. I would be glad to meet with the Commission if you want. Very truly yours, GRW:maf Court Tower-West Wing • 1200 North Telegraph Road • Pontiac. Michigan 48053 (313) 858-0550 14/ n•n OAKLAND COUNTY Board Of Supervisors MEETING July 1, 1569 . .Meeting called to order by Chairman Charles B. Edwards, Jr., at 10:05 A. M. in the County Center Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Invocation given by Thomas H. O'Donoghue. Roll called. PRESENT: Aaron, Bawden, Brennan, Coy, Edwards. Gabler, Grba, Hamlin, Horton, Houghten. Pernick, Powell, Richards, Richardson, Szabo, Walker, Wilcox, Kasper, Mainland, Mastin, Mathews, O'Brien, O'Donoqhue, Olson, Patnales, Perinoff. (26) , ABSENT: Benson. (1 ) . Quorum Present Moved by Per inoff supported by O'Donoghue the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the motion carried, Misc. 5117 By Mr. Patna lea IN RE: SETTING VETERANS' HEADSTONES - FIXING AMOUNT ALLOWED • To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS Veterans of wars are entitled to burial headstones upon their decease; and WHEREAS the County of Oakland has been paying the costs of setting such markers when the Veteran's families have been found to be indigent; and - WHEREAS the cost has varied from as low as $15.00 to a high of $65.00 depending upon the Cemetery; and WHEREAS your Committee recommends that a maximum be established which the County will pay for headstone settings and recommends that the maximum be $45.00 each; and WHEREAS there are presently sufficient funds available in the Veterans Affairs Department Bud7.et to pay the cost of such headstone setting for the balance of 1969, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Supervisors establishes a maximum of $45.00 for each headstone setting to be paid by the County of Oakland for indigent Veteran's families. Mr. Chairman, on behalf of the Human Resources Committee, I move the adoption of the foregoing - resolution. • HUMAN RESOURCES COMMITTEE Robert F. Patnales, Chairman James Mathews, Lee Walker, Harry W. Horton, Lawrence R. Pernick,William M. Richards, Lew L. Coy Moved by Patnales supported by Walker the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Clerk read letter from the Oakland Parks and Recreation Commission requesting that the Board indorse the Soap Box Derby Exposition Week July 7 to July 12. (Placed on file.) The Chairman read the following: • PROCLAMATION WHEREAS the Oakland County - Chevrolet Soap Box Derby will be run July 19 under the auspices of the Oakland County Parks and Recreation Commission, our outstanding newspaper and broadcast media, civic and fraternal groups, Chevrolet dealers and the Chevrolet Motor Division; and WHEREAS the "World's Largest Soap Box Derby Exposition" will be held at the Pontiac Mall Shopping Center July 7 - 12 for boys from all across Michigan; and WHEREAS school boys of this community for many months now have devoted their time and energies to the design and construction of coasting racers in preparation for a competition to be run according to good sportsmanship, fair play and other stipulations set by a national ruling body; and WHEREAS this program prompts the adult citizenry to join together in a united effort for the sole purpose of establishing and perpetuating a civic program with the benefit of youth its salient goal; and WHEREAS the inherent result of such program is to bring about alasting appreciation for ingenuity and enterprise by the young people of this community and the nation: THEREFORE be it known that I, Charles B. Edwards, Jr., Chairman, Oakland County Board of Supervisors, do hcreby proclaim that July, 1969 is Oakland County Soap Box Derby Month, and urge all citizens to attend these events, and extend ,best wishes and congratulations to all participating boys. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Great Seal of Oakland County to be affixed this 19th day of June in the year of Our Lord, nineteen hundred and sixty-nine. . . #89224 September 14, 1989 The Chairperson referred the resolution to the Finance Committee. There were no objections.