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REPORT (Misc. #94040) March 10, 1994
BY: General Government Committee-Donald W. Jensen, Chairman
RE: Referral of MR #94040 to the General Government Committee
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Your Committee has received notification from the County
Executive that, based on review by Corporation Counsel, the
Groundwater Density Control Policy has been suspended. As liaison
committee to the Health Division, General Government Committee will
be undertaking the review of the development of policy to protect
this vital resource.
At its meeting of February 10, 1994, MR #94040, Rescission of
"Operational Policy Ground Water Density Control" was introduced,
and was improperly referred to Public Service and Planning and
Building Committees. Your Committee is requesting that the Board
rescind that referral and refer MR #94040 to the appropriate
liaison committee, General Government.
Chairperson, on behalf of the General Government Committee, I
move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Douglas the General Government Committee Report
be accepted.
Moved by Douglas supported by Palmer the report be amended in the second
paragraph by deleting the word 'rescind' and add the General Government Committee
to the referrals.
A sufficient majority having voted therefor, the motion to amend carried.
Vote on report, as amended:
A sufficient majority having voted therefor, the report was accepted, as
amended and Resolution #94040 was referred to the General Government Committee.
Chairperson, I move adoptio foregoinij fp-solution.
ries E. Palmer, Commissioner
istrict No. 16
Miscellaneous Resolution #94040 February 10, 1994
BY: Charles E. Palmer, Commissioner District No. 16
RE: Rescission of "Operational Policy Ground Water Density
Control"
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Health Division, by administrative
fiat, instituted on September 6, 1969, a policy known as
"Operational Policy Ground Water Density Control"; and
WHEREAS, the Oakland County Health Division can act either by
authority of law or resolution adopted by the Oakland County Board
of Commissioners; and
WHEREAS, the Fifth Amendment to the U.S. Constitution
guarantees U.S. citizens the "due process of law" in regard to
property; and
WHEREAS, the Subdivision Control Act of 1967, P.A. 288 and The
Public Health Code of 1978, P.A. 368, specifically state the
requirement of approval by the "local governing entity", which is
the Oakland County Board of Commissioners in Oakland County; and
WHEREAS, the Oakland County Board of Commissioners has not
approved, or even been requested to approve, this policy; and
WHEREAS, attempting to control land use and density by Oakland
County Health Division policy is a violation of the Home Rule
Rights of townships, villages and cities.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners directs that application and enforcement of this
policy be immediately discontinued; and
BE IT FURTHER RESOLVED that all governmental units which have
been affected by this policy be informed of its cessation.
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