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HomeMy WebLinkAboutResolutions - 1991.05.23 - 18545April 25, 1991 MISC. RESOLUTION 91089 BY: JOHN E. OLSEN and ROY REWOLD RE: SOLID WASTE-REFERENDUM ON GENERAL OBLIGATION BONDS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the Board of Commissioners has approved a comprehensive solid waste program which includes a materials resource recovery facility, a waste to energy facility, and landfill capacities, and has made and will be making certain commitments to construct or purchase such facilities and capacities, to purchase the land for such facilities, to enter into host community agreements for the operation of these facilities, and has given notice of its intent to issue bonds for the payment of said construction or acquisitions, and WHEREAS, the success of a project of this magnitude and importance is dependent upon the support of the Citizens of Oakland County, and WHEREAS, while the Michigan Department of Natural Resources is conducting its review for the appropriate permits for our planned facilities, we are afforded the opportunity to determine such support through a public referendum on the issuance of General Obligation Bonds for facilities needed for implementation of our Act 641 Solid Waste Plan, and WHEREAS, in this era of high-taxation, and a public perception of disenfranchisement from a voice in how their tax dollars are spent; a vote of the people on this bonded indebtedness will instill a reaffirmation of citizen trust in their government. WHEREAS, it is the intent of the Oakland County Board of Commissioners to place upon the Ballot for voter approval the issuance of bonds in an amount or amounts not to exceed $500 Million for the implementation of Oakland County's Solid Waste Plan. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: 1. A special election is hereby called and shall be held in the .County of Oakland, Michigan, on the day of , 1991, at which special election the following proposition shall be submitted to the qualified electors of the County: BOND PROPOSITION Shall the County of Oakland, Michigan, borrow a sum of money not to exceed Five Hundred Million Dollars ($500,000,000.00) and issue its full faith and credit general obligation bonds therefor, in one or more series, for the purpose of defraying the cost of leasing, acquiring, constructing, and equipping solid waste processing and disposal facilities to serve the Oakland County Solid Waste Management System, including, without limitation, one or more recycling facilities, and one or more composting facilities, a Waste-to-Energy mass burn facility and a sanitary landfill? 2. Notices of the special election and of the last day of registration therefor shall be given, the said election shall be conducted and the results thereof canvassed and certified as required by law. 3. All resolutions and parts of resolutions, insofar as the same may be in conflict herewith, are hereby rescinded. Mr. Chairperson, we move the adoption of the foregoing resolution. PLANNIN ,G AND BUILDING COMMITTEE REPORT (Misc . 91089) May 9, 1991 BY: Planning and Building Committee, Larry P. Crake, Chairperson IN RE: MR 91089-Solid Waste -Referendum on General Obligation Bonds TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above referenced resolution on April 30, 1991, reports with the recommendation that the resolution be adopted with the following amendments: 1) Third WHEREAS paragraph: Delete in this era of high-taxation, and a public perception of disenfranchisement from a voice in how their tax dollars are spent; 2) NOW THEREFORE BE IT RESOLVED paragraph: Insert 6th day of August in the appropriate place. Delete the BOND PROPOSITION language and replace it with the following: BOND PROPOSITION Shall the County of Oakland, Michigan, borrow a sum of money not to exceed Five Hundred Million Dollars ($500,000,000.00) and issue its full faith and credit general obligation bonds therefor, in one or more series, for the purpose of defraying the cost of acquiring, constructing, and equipping solid waste processing and disposal facilities to serve the Oakland County Solid Waste Management System, including, without limitation, a household hazardous waste program, one or more recycling facilities, one or more composting facilities, a Waste-to-Energy incinerator and a sanitary landfill? Mr. Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing report. REPORT (Misc. 91089) BY: FINANCE COMMITTEE - DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: MISCELLANEOUS RESOLUTION #91089 - SOLID WASTE - REFERENDUM ON GENERAL OBLIGATION BONDS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution on May 16, 1991, reports with the recommendation that the resolution be adopted with the following amendments: 1) Following the first WHEREAS paragraph, add the following new second WHEREAS paragraph: "WHEREAS, in accordance with State law, Oakland County communities have also approved the County's P.A. 641 program, which is an integrated comprehensive plan; and" 2) In the Fourth WHEREAS paragraph, delete the wording recommended by the Planning and Building Committee Report, dated May 9th, as well as the remainder of the paragraph--which amendments in combination actually delete this Whereas paragraph. 3) In the NOW THEREFORE BE IT RESOLVED paragraph, insert the words "6th day of August" in the appropriate place and delete the BOND PROPOSITION language and replace it with the following: BOND PROPOSITION Shall the County of Oakland, Michigan, borrow a sum of money not to exceed Five Hundred Million Dollars ($500,000,000.00), the debt and interest to be repaid from solid waste revenues, and issue its full faith and credit general obligation bonds, in one or more series, to defray the cost of acquiring, constructing, and equipping solid waste processing and disposal facilities to serve the Oakland County Solid Waste Management System, including, without limitation, a household hazardous waste program, one or more recycling facilities, one or more composting facilities, a waste-to-energy incinerator and a sanitary landfill? Mr. Chairperson, on behalf of the Finance Committee, I submit the foregoing report. FINANCE COMMITTEE (1/ May 23, 1991 FISCAL NOTE (Misc. 91089) BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: SOLID WASTE - REFERENDUM ON GENERAL OBLIGATION BONDS - MISCELLANEOUS RESOLUTION #91089 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #91089 and finds: 1) The resolution authorizes a special election to consider a bond proposal for the Oakland County Solid Waste Management System; 2) The County Clerk estimates that approximately $300,000 will be needed to hold this special election; 3) Funds have not been included in the 1991 Clerk's budget to cover the cost of this special election, the following transfer from the 1991 Contingency is required: 4 -10100 -909-01-00-9900 Contingency $(300,000) 4 -10100 -213 -01-00-4838 Election Supplies 300,000 $ 0 FINANCE COMMITTEE i:\tim\ihs\election.fn Resolution 91089 May 23, 1991 Moved by Crake supported by Olsen the resolution be adopted. Moved by Crake supported by Caddell the Planning and Building and Finance Committee Reports,be accepted. Moved by Caddell supported by Crake the resolution be amended as follows: 1. Change the date of the election to November 5, 1991. 2. Delete the 4th WHEREAS paragraph in the original resolution as proposed in the Planning and Building and Finance Committee Reports. 3. Change verbiage in the Bond Proposition to read: BOND PROPOSITION Shall the County of Oakland, Michigan borrow a sum of money not to exceed Five Hundred Million Dollars ($500,000,000.00) and issue its full faith and credit general obligation bonds therefor, in one or more series (the principal and interest on such bonds to be paid primarily from the revenues to be derived from the operation of the Oakland County Solid Waste Management System), to defray the cost of acquiring, constructing and equipping solid waste processing and disposal facilities to serve the Oakland County Solid Waste Management System, including, without limitation, a household hazardous waste program, one or more recycling facilities, one or more composting facilities, a waste-to-energy incinerator and a sanitary landfill? Discussion followed. Moved by Bishop supported by McPherson the question be divided and vote separately on each proposal. A sufficient majority having voted therefor, the motion to divide the question carried. Vote on changing the date to November 5, 1991: AYES: Jensen, Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Oaks, Palmer, Pappageorge, Pernick, Price, Rewold, Schmid, Skarritt, Wolf, Aaron, Caddell, Crake, Huntoon. (20) NAYS: Law, Moffitt, Olsen, Serra, Bishop, Ferrens, Gosling. (7) A sufficient majority having voted therefor, the amendment carried. Vote on deleting the 4th WHEREAS paragraph: A sufficient majority having voted therefor, the amendment carried. Amendment to change the wording on the Bonding Proposition: Moved by Ferrens supported by Price the amendment be amended to delete $500,000,000. and change to $203,000,000. Also, delete "a waste-to-energy incinerator" at the end of the Bond Proposition wording. Discussion followed. Vote on Mr. Ferrens amendment to the amendment: AYES: Krause, Law, McPherson, Oaks, Price, Serra, Aaron, Bishop, Ferrens, Gosling. (10) NAYS: Johnson, McConnell, McCulloch, Millard, Moffitt, Olsen, Palmer, Pappageorge, Pernick, Rewold, Schmid, Skarritt, Wolf, Caddell, Crake, Huntoon, Jensen. (17) A sufficient majority not having voted therefor, the amendment to the amendment failed. Resolution # 91089 - page 2. May 23, 1991 Mr. Serra stated he had another resolution to offer regarding this and moved the rules be suspended for immediate consideration of the resolution. The Chairperson ruled the motion out of order. Mr. Serra appealed the ruling of the Chair. The Chairperson stated a "yes" vote will sustain the decision of the Chair, and a "No" vote will support the objection. The vote was: AYES: McConnell, McCulloch, Millard, Moffitt, Olsen, Palmer, Pappageorge, Rewold, Schmid, Skarritt, Wolf, Bishop,* Caddell, Crake, Gosling, Huntoon, Jensen, Johnson. (18) NAYS: Krause, Law, McPherson, Oaks, Pernick, Price, Serra, Aaron, Ferrens. (9) A sufficient majority having voted therefor, the decision of the Chair was sustained. Moveck,by Price supported by Ferrens to strike the $500,000,000. and change to $203,000,000.; also strike the language relating to waste-to-energy incinerator completely. AYES: Law, McPherson, Oaks, Price, Serra, Aaron, Bishop, Ferrens, Gosling, Krause. (10) NAYS: McConnell, McCulloch, Millard, Moffitt, Olsen, Palmer, Pappageorge, Pernick, Rewold, Schmid, Skarritt, Wolf, Caddell, Crake, Huntoon, Jensen, Johnson. (17) A sufficient majority not having voted therefor, the amendment failed. • Vote on Dr. Caddell 's amendment, as amended: AYES: McConnell, McCulloch, Millard, "Moffitt, Olsen, Palmer, Pappageorge, Pernick, Rewold, Schmid, Skarritt, Wolf, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson. (19) NAYS: McPherson, Oaks, Price, Serra, Aaron, Ferrens, Krause, Law. (8) A sufficient majority having voted therefor, the amendment, as amended, carried. Resolution # 91080 - page 3. May 23, 1991 Moved by Law supported by Caddell the Resolution be amended by adding an additional amendment BE IT FURTHER RESOLVED that in no event shall construction or sale of bonds regarding the solid waste program take place until after there is an affirmative vote of the citizens of Oakland County." AYES: McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappaoeorge, Pernick, Price, Rewold, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law. (25) NAYS': Crake. (1) A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Millard, Moffitt, Oaks,' Olsen, Palmer, Pappageorge, Rewold, Schmid, Skarritt, Wolf, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Law, McConnell. (l9), NAYS: McPherson, Pernick, Price, Serra, Aaron, Ferrens, Krause. (7) , A sufficient majority having voted therefor, the resolutiom, as amended, was adopted. . STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resol uti on is a true and accurate copy of a resol uti on adopted by the Oakland County Board of Commissioners on M4y 2,3, 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 23rd . day 9f—) May 1991 Lynni0. Al I en, County CI erk DICKINSON, WRIGHT, MOON, VAN DUSEN a FREEMAN COUNSELUDRSATLAW 800 FIRST NATIONAL BUILDING DETROIT, MICHIGAN 48226-3555 TELEPHONE (313)223-3500 FACSIMILE 1313) 223-3598 BLOOMFIELD HILLS, MICHIGAN LANSING, MICHIGAN GRAND RAPIDS, MICHIGAN WASHINGTON, D.C. CHICAGO, ILLINOIS May 22, 1991 Dr. G. William Caddell Chairperson Finance Committee Oakland County Board of Commissioners 1200 North Telegraph Road Pontiac, Michigan 48053 Miscellaneous Resolution No. 91089 - Solid Waste - Referendum on General Obligation Bonds Dear Dr. Caddell: At your request, we have reviewed the report of the Finance Committee of May 16, 1991 which proposes certain changes to the proposed bond proposition for the general obligation bonds to finance solid waste processing and disposal facilities for the Oakland County Solid Waste Management System. The only legal reason for the bond proposition is to determine whether the voters will approve general obligation bonds for the proposed System facilities, thereby enabling the County to levy ad valorem taxes without limitation as to rate or amount to the extent necessary to pay principal of and interest on the bonds. The ballot proposition should not suggest that something less than general obligation bonds secured by the full faith and credit of the County is being submitted for voter approval. Accordingly, in our opinion, adding the words "the debt and interest to be repaid from solid waste revenues" to the ballot proposition as proposed by the Finance Committee is legally objectionable inasmuch as it raises a serious question as to whether the voters are being asked to approve general obliga- tion bonds or some sort of revenue bonds payable solely from revenues to be derived from the System. Re: By: Terence M. Donn DICKINSON, WRIGHT, MOON, VAN DUSEN a FREEMAN The obvious intent of the proposed amendment is to advise the voters that while the bonds will be general obligation bonds, they are expected to be paid from System revenues and not from taxes. We believe this intent can still be accomplished and would offer the following revised ballot proposition as an alternative to that approved by the Finance Committee on May 16: BOND PROPOSITION Shall the County of Oakland, Michigan borrow a sum of money not to exceed Five Hundred Million Dollars ($500,000,000.00) and issue its full faith and credit general obligation bonds therefor, in one or more series (the principal and interest on such bonds to be paid primarily from the revenues to be derived from the operation of the Oakland County Solid Waste Management System), to defray the cost of acquiring, constructing and equipping solid waste processing and disposal facilities to serve the Oakland County Solid Waste Management System, including, without limitation, a household hazard- ous waste program, one or more recycling facili- ties, one or more composting facilities, a waste- to-energy incinerator and a sanitary landfill? If you have any questions regarding the foregoing, please do not hesitate to contact us. DICKINSON, WRIGHT, MOON, VAN DUSEN & FREEMAN TMD/09004/0145/AK8/2 MISC. RESOLUTION 91089 BY: JOHN E. OLSEN and ROY REWOLD : SOLID WASTE-REFERENDUM ON GENERAL OBLIGATION BONDS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the Board of Commissioners has approved a comprehensive solid waste program which includes a materials resource recovery facility, a waste to energy facility, and landfill capacities, and has made and will be making certain commitments to construct or purchase such facilities and capacities, to purchase the land for such facilities, to enter into host community agreements for the operation of these facilities, and has given notice of its intent to issue bonds for the payment of said construction or acquisitions, and WHEREAS, in accordance with State law, Oakland County communities have also approved the County's 641 program, which is an integrated comprehensive plan; and WHEREAS, the success of a project of this magnitude and importance is dependent upon the support of the Citizens of Oakland County; and WHEREAS, while the Michigan Department of Natural Resources is conducting its review for the appropriate permits for our planned facilities, we are afforded the opportunity to determine such support through a public referendum on the issuance of General Obligation Bonds for facilities needed for implementation of our Act 641 Solid Waste Plan; and WHEREAS, it is the intent of the Oakland County Board of Commissioners to place upon the Ballot for voter approval the issuance of bonds in an amount or amounts not to exceed $500 Million for the implementation of Oakland County's Solid Waste Plan. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: 1. A special election is hereby called and shall be held in the County of Oakland, Michigan, on the 6th day of August, 1991, at which special election the following proposition shall be submitted to the qualified electors of the County: