HomeMy WebLinkAboutResolutions - 1991.01.31 - 18495MISCELLANEOUS RESOLUTION # 91003 January 31, 1991
BY: Roy Rewold, Commissioner District #16
IN RE: DEPARTMENT OF SOLID WASTE MANAGEMENT/APPROVAL OF LANDFILL
LICENSE AGREEMENT WITH WASTE MANAGEMENT OF MICHIGAN, INC.
AND HOST COMMUNITY AGREEMENT WITH ORION TOWNSHIP AS PART
OF A CONSENT JUDGMENT-IN CASE NO. 90-392783-CE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County has been involved in the implementation of
a solid waste management system wherein the County will be
responsible for the disposal of municipal solid waste for member
municipalities; and
WHEREAS, crucial to the implementation of the system and the
sale of system bonds to finance initial capital costs is capacity
at a landfill; and
WHEREAS, the Oakland County Board of Commissioners approved
the Update to the Oakland County Solid Waste Management Plan (the
"Plan Update") on June 28, 1990 through Miscellaneous Resolution
#90141 which included, among other things, the expansion of a
sanitary landfill known as "Eagle Valley Recycling and Disposal
Facility" (the "Landfill") located in the Township of Orion (the
"Township"); and
WHEREAS, the Township filed suit in Oakland County Circuit
Court (Case No. 90-392783-CE against the Board of Commissioners
and the Solid Waste Planning Committee alleging that the Plan
Update is null and void insofar as it authorizes the expansion at
the Landfill; and
WHEREAS, the County and Waste Management have negotiated a
license agreement (Attachment A) whereby the County could have the
rights to all of the disposal capacity planned in the expansion of
the Landfill for $2.00 per cubic gateyard of disposal capacity due
upon receipt of a construction permit and for $10.00 per cubic
gateyard of solid waste disposed of at the Landfill during the life
of the facility, escalated annually; and
WHEREAS, the County recognizes that its use of the Landfill
has the potential for increasing the cost of municipal services and
that the Plan Update contemplated an agreement between the County
and the Host Community, and the Township understands the benefits
of having the County being entitled to use the disposal capacity at
the Landfill; and
WHEREAS, the County and the Township have negotiated an
agreement to address these concerns and to resolve the pending
litigation (Attachment 3) and the agreement includes, among other
things, the payment of $7,000,000 to Orion Township ($1,500,000 due
at the time the consent judgment is entered and the balance due
upon Waste Management receiving a construction permit) and the
payment of 50 cents per gate yard delivered to the Landfill,
escalated annually; and
WHEREAS, the County desires to implement the Oakland County
Solid Waste Management System. -
NOW, THEREFORE, BE IT RESOLVED that the Oakland County Board
of Commissioners approves the attached License Agreement with Waste
Management of Michigan, Incorporated.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners approves the attached Host Community Agreement with
the Township of Orion contingent upon the entry of a consent
judgment in Case No. 90-392783-CE entitled Charter Township of
Orion v. Oakland County Board of Commissioners and the Solid Waste
Planning Committee.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland
County Board of Commissioners and the County Executive are
authorized to execute the two referenced agreements and the consent
judgment in Case No. 90-392783-CE entitled Charter Township of
Orient. Oakland County Board of Commissioners and the Solid Waste
Planning Committee.
BE IT FINALLY RESOLVED that the Oakland County Board of
Commissioners hereby appropriates from General Fund-Undesignated
Fund Balance (1-10100-490-002), $1,500,000 to the Oakland County
Solid Waste Management System for payment to Orion Township
consistent with the Host Community Agreement, said appropriation to
be recovered from the sale of Phase I System Bonds, and
amends the Budget as follows:
Account Number Account Name Amendment
3-10100-909-01-00-9127 Resources Carried Forward - $1,500,000
Prior Years Balance
4-10100-101-01-00-8330 Transfer to Solid Waste $1,500,000
3-83300-101-10-00-8101 Transfer from General Fund $1,500,000
4-83300-101-01-00-3704 Special Projects $1,500,000
Mr. Chairperson, I move the adoption of the foregoing
resolution.
On the day of
1991, DANIEL T. MURPHY, Oakland Roy Rewold, Commissioner District 16
County Executive, signed this
document in my presence.
Resolution 6 91003 January 31.
1991
Moved by Rewold supported by Moffitt the resolution be adopted.
Discussion followed.
Commissioner Aaron requested Roger Smith address the Board. There
no objections.
Vote on resolution:
AYES: Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen,
McConnell
McCulloch, Millard, Moffitt, Oaks, Olsen, Pappageorge, Pernick,
Price. Rewold,
Schmid, Skarritt. Wolf, Aaron. (21)
NAYS: Krause , maw, McPherson, Serra. (4)
A sufficient majority having voted therefor, the resolution was
adopted.
were
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, 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 January 31, 1991'
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 31st day of
January 1991
Lynn D.
Allen, County Clerk