HomeMy WebLinkAboutResolutions - 1960.05.26 - 19209REPORT 3655 May 26,, I 96()
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IN RE: FINAL REPORT ON LEGSLATIVE PROGRAM
TO: THE OAKLAND COUNiY :::.(7,ARD OF SUPERVISORS
Mr. Chaim,- Ladies and Gentlemen:
Your Legislative Committee respectfully reports to the Board that three
major proposals of the County's 1960 Legislative Program, namely, D. P.W.-Drain
merger, amendment to Lake Level Law and 50/50 welfare mat,;hin !„ii,
presented to the slature Py several of our Cau,ry were not accept-
able to the Legislature in this an election year.
D. P.W.-Drain Merger. The proposed D. P.W.-Drain merger, which was
originally discussed last year, was submitted in the House and rccscO lo ner :g.e
rks.
Under ttv.,,f, amendment ci functons of the Drain Office would oe carried
on under .1C-- direction of the Deputy Director in Charge of Drains. Several hearings
were he on l.his Bill 102) in the Committee on Towns and Coon ties in
the finpusc:. from Drain Commissioners thro!.:-.,;;-.;.3t the State ;
as well as the reluctance of the Legislature to remove the Drain Commissioner's
office from the list of elective offices of the County, were rii,7;.or factors in
iefwencIng the Committee not to report the Li oul.
Lake Levels. The :..irnencirnent to the Lake Level St0 .;4.1
an .o..nLicated piece of iergiskJiori. The bill itself (r
long. The intent of the ara:::::-,-0..:ent was to clarify the
permit the Drain Coc.missia ncr to charge back to the benefited the cost
of new structures wh ol.1 ore heeded to retain water when lake levels are set, At
the duties of the Drain Commissioner with the County D:..,,rt,lent of P..
with certain limits. For this reason your Legislative Committee this past year
in 1943 provided that a, .:unti ,z,:s having a population up v:suld hove the
— 2 —
the present time the County Drain Commissioner has 11 petitions awaiting action. This
•,1
,gvcis ••)y ine House l.put defeated in the Senate when the Committee on
State Affoirs refused to report it out. Several hearings were held in the Committee.
Welfare Matching. The County again this year backed iegisiation to have the State
share equally the costs of welfare expenditures. However, due to the fiscal chaos which
existed in Lansing di,irinc, ine c:ist session of the Lef;isialure and the lock of decision as to
where the State would obtain additional revenue, the ..:‘Ji-tire refused to increase the
Statels share to the recoa,..sied 50%. This bill was handkj by Detroit.
Legislation needed due to New Census.
it is diat the 1 ..1.60 ,,,ensus firs for Oakland County wili show a
population in excess of 65, 0. The 1950 census was 396,001. Many of Itta kws which
have voen adopted by the Legislature in the past few years have been limited to counties
made in conilJnbiian with the Ways and 1\4r:s a thorough study of the various
lows which affect C.r1c ond County. As the result of this study severa, I. arnc..;,d,:.:e:,?s were
to the Legislature.
Fiscal Year. Under on act by the 1..0 ;;;:i.sture, in 1943, the State provided
that the calendar year ending Decemb,er 31 shall be the fiscal year of most of the counties.
Only Wayne County has a different fiscal year which ends 3,). The Act ,::,6:;:„ted
year as the fiscal year, in order that Octkia,ld County cokA maintain its fiscal
records on the year basis it was hea,,..msary to have this Act (Act 174 of the
Public Acts of 1943) amended. This was accomplished by Act 67 of the Public Acts
of 1960.
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Medical Examiners, Several years ago Oakiand County was instrumental in
securing a law which authorizes nm County Director of Heath Medical
Examiners. These Examiners have duties formerly assigned ‘.?ii.,,ete-d County Coroners.
This system of using Medical Examiners who are licensed physicians has worked out very
well in the County. However, the original Act (Act 143 of the Public Acts of 1945)
provided that such Medical Examiners could be avT:,einted in counties having a population
of up to 500,000 people. Act 95 of the Public Acts of 1 .2&:', has set the
at 1,500,1 :.-Eus permitting Oakland County to continue this procedure,
City S;..ii::,ervisor Membership on County Board. Due to the increase in the number
of cities in Oakland County, the number of members on the County Board of Supervisors
has been steadily increasing each year. A 1954 statute set up a formula for city repre-
sentation on the Under this formula the Board presently has 83 members / of which
50 are city supervisors. The 24 township supervisors are reFr:,!sentatives OH the Board
virtue of the Michigan Constitution which permits each township to have one representative.
City representatives on the County Board are selected by the cities and based upon a
population Formu l a which the Constitutl: nrmits the Legislature to set kip Act 02 of the
Public Acts of 1960 sets up the folowing formula:
7 1 Less than
7,501 - 15,CO3 2
15,001 - 22,500 3
22,501 - 32,t3 4
32,01 - 50,0 5
- DIY.; 6
Plus 1 for each additional 25,000 or fraction thereof
According to ion estimates prepared by Planning Commission,
it is expected that each of the cities in Oakland County will retain the present membership
on the County Board with the exception of the cities of Royal Oak and Southfield where
one additional st..1 1-,),,,rvisor will be authorized if the census figures fo l low
4
estimates. Thus the County Board should have 35 :7-tr.:mi.:ors when the 1960 census figures
became officio; .
General
Several other amendments were enacted into law this year as lot tows:
Extend Time for Treasurer to Return Taxes. Act 8 of the Public Acts of 1200
permits the lac& treasurer 20 days from the tax deadline to make his return to the County
Treasurer. Previousy there was no deadline set and it was physically for the
local tax collector to return taxes the day after they became delinquent,
County Credit for Cost of Care of Mental Patients in Private Hospitals. Act 117
of the Public Acts of 19 provides that the County shalt have credit for time that
mentally HI patients spend in private hospitals and that this credit shci. ed towards
the County's first year of care, This credit is allowed by the State where there is a
final order of commitment. Under the present law the County is responsible to pay for
the care of mental patients during the first year of their core but previous to this amend-
ment the County did not receive credit for costs of hospitalization of such patients prior
to the i r actual to a State institution. In many instances there is a delay
before a patii.-mt is admitt ,-.:d to a State institution due to crowded conditions. In these
instm...ncs the County has arranged for such patients to be cared for at private institutions
and has paid for their care from an emergency fund which is set up in the budget by the
Board of Supervisors.
Township Planning. The Legislature adopted legislation to permit
townships to set up planning commissions. The 1959 law, however, did not permit the
Township Board as a govern inn body of the township to make final decisions in matters
If the f.Idonning commission approved a proposal. The Township Board, under the law as it
previously existed, wouid parmitte,d to override :ning if the
commission disapprc:-.1 ci natter before U. Act 10 of the Pubic Acts of 1960,
which has been given immediate effect, authorizes Township Boards to review all decisions
of the planning commission.
Salaries of Circuit Judges. Members of th3 Board will recall the discussions relative
to salaries of Circuit Judges which arose when the 1960 L:,d.:ez.q. v•.,as considered last FoU,
The 1954 Legislature adopted an amendment setting the maximum saiary for Circuit Judges
at $22,500. A year later, in 1955, the Attorney General ruled that the f:Ivr was
unconstitutional. Oakland County at that time and since that time had been paying
Circuit Judg es a total salary of $23,500 — $12,500 being paid by the State a.,6.1w
balance by the County. L.,,i•isioture this year removed the ceiling on Circuit
salaries by the enactment of Act 144 of the Public Acts of 1960.
Proposals Considered and Withdrawn
. increase tees f7ir Safety Deposit Boxes. After discussion of this
proposal with the Legislators, it appeared that they were in ;,eneral to an increase
in fees and your Legislative Committee therefore felt that it would be best not to submit
this amendment during the present sess i on,
2. Amendment to Township Special Assessment Act. After the Board proposed an
amendment to the Township Special Assessment Act to permit inclusion of sewer em:mec,tion
charpos, your Legislative Committee learned from npc counsel that such on amendment
would not cc. workth-,:.,. Your Committee found that the legislation would necessarily have
to be restricted to connection charges where there was a budding on the property. This
would not assist townships in nE:i;:)inc.1 to finance future sewers. Your Committee therefore
thoug ht that it W L,110 in the best interests of the County not to t the praposa!,
Proposals i"\ir;t Enacted into Law During Session
In dad to the 3 maior proposak referred to ear .!ior in this report : the -fodwin,2;
rt::ns of the County Legisative Program were not enacted into cw during the present
Session and shoL heid for considrL.rdtion by the next year.
1. Transfer tax redsc.ytHn payments to Register of Deeds.
2. Amendment to 1895 Viilage Law to provide for vote of the pf ,..;oreie on
incorperotion and annexation petitions.
3. Set up :..,rku,.:adure for reirn ...,uff.ement of drain-at-arge costs between city and
there is an annexation or Trli::,"Tpl:-q-ation of township territory.
Sevrot other the Leaisiature during th.c Session are of
t to the County.
Act 54 permits the Board of Supervisors to provide for d second Probati ,:.,
Act 96 permits the County Drain Commissioner to up to $5'.:6 ncr miie or
fraction th ,:::re,:if or 1%of the cost of a drain and 1% of extensi%.,ns thereof in any one year
for nl.ciril-,°-:mae. and repair without obtaining opprovdi of the iepisative bodes of the
cities and townships within or partly within the drainage district. This Act cjso authorizes
the Droln Commissioner to c ,...;%-.;:72.2t indemnity insurance in connection with construction of
clrains. Pre,vidusly tim suc.,;:essfut bidder was rd...i:;..,ircd to furnish a bond. This matter
:.-rought to the in 1 959 by the County Drain Commissioner and
i.st year was a part of the County's Leoisiative Pro9ram.
Act 147 removes the State Revenue Commissioner as a member of the State Tax
and authorizes the Governor, with the advice of the Senate, to
a third Commissioner, Linder this At rnembers of the, State Tax Co:T::.riisson shal
have had at least 5 years experience in the assessment or appraisal of real and personal
property. After cm is heard, the Commission is required to r-,.:;:.ort ali decisions
in writing with a concise statement of the facts and reasons for the decisions. if a
Commissioner dissents from a decision he must give reasons for his dissent in writing.
Al decisions are to be filed in the office ,7,4 hir, State Tax
delivered to the party making the appeal. Your Committee believes that this new
cedure will do away with the delays which have previously existed in the processin:
appeals 'before the State Tax Commission. This i.s.rc osai, in ci little different form, was
s.777-7.stod to the Board two years ago by Mr. A l ger Zapf, former Supervisor from the
City of Royal Oak.
Several new laws affect townships. These were actively supported by your Committee.
Act 26 provides that notice of amendments to township zain• in Dra;nances must
given to property owners within 500 feet of the proposed change.
Act 22 permits townships to make appropriations for hi,1,hway lighting purposes.
Act 19 requires that al h.wnslip board imotings be open to the puLlic.
Act 57 requires township statements for general property taxes to be made
in September rather than October of each year and provides that the ::';oord of Supervisors
shell not levy in the year voted any tax levy voted after September 1.
Act 27 authorizes townships to provide group insurance and prepaid plans of
life, health, surgi ccii and insurance for employees and officers.
Act 46 Permits townships to :..sart or parts of standard codes by
Act 50 permits townships to operate ambulance servne
Act 51 authorizes townships and vi apes to enter into agreements for ioint
purchase and operation of fire extinguishing apparatus.
July
been made in Royal Oak Township in the urban renewal e Federal Housing and
Your Committee further wishes to report to the Board that the Senate approved
a bill which would authorize the State to sell several parcels of real estate considered
by various State agencies as being surplus property. This was Senate Bill 1194 introduced
by Senator Beadle of St. Clair County. This bill included a description of property
located at the northeast corner of Telegraph and Elizabeth Lake Roads owned by the
Pontiac State Hospital. The property is south of the County Service Center. However,
this property and several other parcels were deleted from the bill when it was considered
in the House. Members of the Legislature advisee your Committee that if Oakland
County is interested in obtaining this property a separate bill should be introduced next
year to authorize the sale of this particular piece of property. in order that this matter
may be considered fully, your Committee recommends that this particular item be referred
to the Buildings and Grounds Committee for study.
Your Committee was very active in assisting to obtain legislation to permit the
temporary housing project in Royal Oak Township to continue for at least another year.
House Bill 53 was introduced with the cooperation of Representative Nil; of Muske9on
County to extend the date for removal of the housing project in Royal Oak Township from
,to July 1, 1961. Although this bill passed the House, it was not reported
out of the Senate Committee during the Session and thus died in the Committee. However,
when the Legislature reconvened to complete its work on May 11, it the grave
situation which exists in Royal Oak Township where there are still 450 families living in
temporary projects and agreed to suspend its rules at the suggestion of Senator Lodge
and passed this legislation, In doing so the Legislature recognized the progress which has
This can be accomplished only through a such as
:Ha in
Car 4 1,P„ lh,e,ra-nam
Home Finance k ,:,ncy has granted a loan of $1,919,109 and a grant of $1,361,079 to
Royal Oak Township to plan and to follow through with its program of urban redevelopment
in permanent law rent housing temporary units. The extraordinary
action of the Legislature will permit the orderly clearance and of both public
and private housing with a minimum of hardship and confusion in Royal Oqk
This will be the beginning of the stabilization of an economically depressed and socially
disorganized community. Your Committee has continued its cooperation in this program
of legislation for Royal Oak Township since it was fully aware that the stabilization of
Royal Oak Township is vital to the economic and social health of the County as a
Dickens has been working on for the past several years.
This has been a very difficult year with local legislation in La;Tsir::,:i:. Legislature
was primarily concerned with solving the Statels fiscal in addition, this is an
elratic.‘h year and the Legislature was desirous of an early adjournment. However, when
we consider the County's total Legislative Program which included 15 proposals, and then
excluding 4 proposals which were withdrawn, we find that 7 of thc ,,, 11 remaining were
enacted into law. This was a 93% acceptance of the County's 1 Legislative Program
by the State 1..2f-J61ture.
MR. CHAIRMAN, on behalf of the Legislative Committee, I move that the fore-
nc:vort be received and placed on file.
LE„..q1SLATIVE COMMITTEE