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Home My WebLink AboutResolutions - 1993.04.29 - 21897COUNTY MICHIGAN W-AIL L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE z_r 5 gH - F- U I 'T` •• May 25, 1993 Mr. Lynn D. Allen Oakland County Clerk 1200 N. Telegraph Road Pontiac, Michigan 48341 Re: WITHDRAWAL OF VETOES Dear Mr. Allen: On May 11, 1993 I vetoed Miscellaneous Resolution 93072 (entitled "Solid Waste-Removal of Waterford Hills Landfill from Act 641 Plan") and Miscellaneous Resolution 93048 (entitled "Board of Commissioners-Amendment to Board Rules Sec. X, Construction Project Approval"). I have been advised by Corporation Counsel that since the Board has not officially acted upon my vetoes that I have the authority at this time to withdraw my vetoes. I therefore choose to exercise that authority and hereby declare my vetoes of MR 93072 and MR 93048 withdrawn. Please record my withdrawal of both vetoes in the records of the County Board of Commissioners. Very truly yours, L. Brooks/Patterson County Executive At4 -CU EXECUTIVE OFFICE BUILDING e 1200 N TELEGRAPH RD DEPT 409 e PONTIAC MI 48341-0409 0 (313) 858-0484 0 FAX (313) 452-9215 L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIV COUNTY MICHIGAN May 11, 1993 Oakland County Board of Commissioners 1200 North Telegraph Road, Dept. 470 Pontiac, Michigan 48341-0470 Ladies and Gentlemen: I have vetoed Miscellaneous Resolution #93072 entitled "SOLID WASTE—REMOVAL OF WATERFORD HILLS LANDFILL FROM ACT 641 PLAN", for the following reasons: The original Resolution recommended the deletion of a specific landfill from the Act 641 Plan which was adopted in 1990. This Resolution was amended to require review of existing facilities with host communities and to require future facilities to be included only with host community acceptance. Next this Resolution was amended from the Board floor to delete waste-to-energy facilities from the Plan. These amendments are contrary to the Act 641 Plan process. The Solid Waste Planning Committee process is designed to allow the 14 member Committee to review and to advise on the work of the Designated Planning Agency, to receive public input, and to recommend to the Board of Commissioners a future course action. It is inappropriate to give specific direction to a future, yet to be appointed, Act 641 Solid Waste Planning Committee. The second amendment to delete the waste-to-energy facilities is inappropriate from several perspectives. It was not adequately debated nor did it receive the appropriate consideration of the direct consequences of such an action. The County Executive was not given the opportunity for input on this issue at the Committee level. It is a subject matter which was not within the original intent of this Resolution, which by its entitlement only embraces the subject of the Waterford Hills Landfill. This amendment is also confusing in scope. Was it the Board's intention to eliminate two specific sites from consideration, or was the intention to remove the concept of final volume reduction through incineration prior to ultimate land filling from future consideration? With the waste-to-energy technology option in our Act 641 Plan, Oakland County is only marginally short of providing the required 20 years of disposal capacity. Michigan's Department of Natural Resources has therefore not pressed us to immediately site additional landfill capacity. With formal abandonment of the concept, the County is suddenly and dramatically short of future landfill capacity. We would anticipate that the MDNR would move toward the immediate siting of additional landfills utilizing a process in which no input from the County is required. Such a result must be avoided. I stress, however, that this veto does not constitute my support for the construction of a waste-to-energy facility. As I have stated in the past, I would not support such construction in any community without that community's consent. Finally, these amendments have far reaching implications for Oakland County. They potentially affect the County's and SOCRRA's Air Quality Permit Applications, the County's Power Purchase Agreement with Detroit Edison which has significant dollar value to the County, and the overall reduction of the County's FXFCI1T1VF RFRr,F R(111 DINC-; s 12nn N TFI FP,RAPH Rn 1)FPT Anq e PnNT1Ar' 10,0k0 feet of of FAA "cMty, when he Th,kiand County Liuvice or consent 1 a t orrivic!" Ara) t, 1..n(.: Oakland County Board of many known reasons on the .1 Hills Landfill, does hereby landfill from the Oakland County Act iit Plan. To MISCELLANEOUS RESOLUTION #93072 April 29, 1993 BY: Planning & Building Committee IN RE: SOLID WASTE--REMOVAL OF WATERFORD HILLS LANDFILL FROM ACT 641 PLAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, by Resolution #90141, the Oakland County Board of Commissioners approved the Oakland County Solid Waste Management Plan which included a number of sanitary landfills as a component in the solid waste management process, and WHEREAS, among those landfills is the Waterford Hills Landfill which is located on Gale Road in western Waterford Township, and WHEREAS, subsequent to the inclusion of Waterford Hills Landfill into the County's Plan, the Michigan Department of Natural Resources closed this facility due to environmental problems which the Courts have ordered remedied, and WHEREAS, the Waterford Hills Landfill's owner has not complied with the Court Order and has transferred the ownership of the landfill to another party for the purpose of reopening the landfill, and WHEREAS, in an attempt to protect the surrounding environment, the Oakland County Solid Waste Plan designated this landfill as a Type III, but the Courts have allowed it to operate as ,a Type II, thus increasing the threat of leaking leachate to tkiel icommunity, and WHEREAS, the location of this landfill the runway at Oakland/Pontiac Airport, i regulations, and the attraction o - J. operating, creates a further ii tior WHEREAS, the inclusi, ()f- Solid Waste Manageme of the local uni , NOW THEREFOR E Commissioners, in unsuitability of recommend the deletT 641 Solid Waste Mani_ BE IT FURTHER REbOLVED that, in the future, the Oakland County Solid Waste Planning Committee review the inclusion of all existing facilities with the host municipalities prior to incorporating such facilities within the County's Solid Waste Plan and gain local host municipality acceptance of any site not included in the 641 Plan adopted by the Board of Commissioners in 1990. BE IT FURTHER RESOLVED that copies of this resolution be referred to the Oakland County Solid Waste Department for inclusion in the Solid Waste Planning Committee's next Update of the Oakland County Act 641 Solid Waste Plan Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLVJNING &/EUMDING COMMITTEE Resolution #93072 April 29, 1993 Moved by Palmer supported by Miltner the resolution be adopted. Moved by Kaczmar supported by Kingzett the resolution be amended by including the following after the NOW THEREFORE BE IT RESOLVED paragraph: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, in view of the many problems associated with incinerators, deletes the Auburn Hills and SOCCRA incinerators from the Oakland County Act 641 Solid Waste Management Plan." Discussion followed. Vote on amendment: AYES: Price, Taub, Douglas, Garfield, Gosling, Kaczmar, Kingzett, Law, McPherson, Miltner, Oaks, Obrecht, Pernick. (13) NAYS: Schmid, Wolf, Aaron, Crake, Huntoon, Jensen, Johnson, Palmer. (8) A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Schmid, Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Oaks, Obrecht, Price. (18) NAYS: Aaron, Jensen, Palmer, Pernick. (4) A sufficient majority having voted therefor, the resolution, 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 resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 29, 1993 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 29th day of Aprfl 1993 Lynp D. Allen, County Clerk