HomeMy WebLinkAboutResolutions - 2000.06.15 - 26088June 15, 2000
MISCELLANEOUS RESOLUTION # 00160
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
RE: SOLID WASTE PLANNING COMMITTEE'S RESPONSE TO THE BOARD OF
COMMISSIONERS' OBJECTIONS TO THE RECOMMENDED SOLID WASTE
MANAGEMENT PLAN 1999 UPDATE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Ladies and Gentlemen:
WHEREAS, the Oakland County Solid Waste Planning Committee (SWPC) has met with the
Oakland County Designated Planning Agency (DPA) on 14 occasions since the fall of 1997 to review
Oakland County s future solid waste management alternatives; and
WHEREAS, the Committee authorized the release of a draft solid waste management plan update
document for public comment and this material, dated June 14, 1999, was widely distributed on that date,
with written public comments received through September 25, 1999, and a public hearing was held on
September 16, 1999 and members of the public spoke of their questions and concerns on the draft plan
update; and
WHEREAS, after consideration of all written and oral comments received, the Oakland County
Solid Waste Management Committee has recommended to the Oakland County Board of Commissioners
that the Solid Waste Management Plan 1999 Update dated October 21, 1999, be approved; and
WHEREAS, your Planning and Building Committee, and the Board of Commissioners has received
and reviewed the recommended Update, discussed its purpose, contents, and ramifications with the
Designated Planning Agency staff, considered public input at four meetings; stated certain objections to the
Update and sought the additional counsel and recommendations of the Solid Waste Planning Committee;
and
WHEREAS, the Solid Waste Planning Committee and Designated Planning Agency has supported
a modification of the Recommended Update to include Ferrous Processing and Trading as a waste
transfer/processing facility, and your Planning and Building Committee has concurred.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the 1999 Solid Waste Management Plan Update as recommended by the Solid Waste Planning
Committee on October 21, 1999, as revised on May 4, 2000, per the attached letter from the Chair of the
Oakland County Solid Waste Planning Committee, to include FPT as a waste transfer/processing facility.
BE IT FURTHER RESOLVED that the Update shall be submitted first to Oakland County , $ 61
municipalities for their approval and after receiving 67% affirmative responses (41 minimum), the Update
shall be submitted to the Michigan Department of Environmental Quality for the Director , s final approval.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
Planning & Building Committee Vote:
Ayes: Amos, Suarez, Dingeldey, Colasanti, Melton
Nays: Palmer, Jensen
Absent: Schmid, Sever, Gregory
Motion carried.
May 4, 2000
Mr. Chuck Palmer, Chair
Planning & Building Committee
Oakland County Board of Commissioners
Dear Mr. Palmer,
On behalf of the Solid Waste Planning Committee, I am writing today to advise you of the
Committee's response to Board Chairman McCulloch's letter of April 28 th, 2000, wherein he notified
us of the Board's Objections to the Recommended 1999 Plan Update.
The Solid Waste Planning Committee met this evening and reconsidered the facility designations for
FPT and SOCRRA.
We learned from counsel of FPT and the City of Pontiac that an agreement had been reached resolving
nuisance issues regarding the existing scrap operation and establishing a host community framework
for solid waste facilities. Given the recognized desirability of additional solid waste
transfer/processing capability and this agreement in principle, the Committee recommends the
designation of FPT as described in the Board's Objections.
With regards to the SOCRRA facility in Madison Heights, we noted the Board's efforts to limit
undesirable activity, provide flexibility for the development of a more desirable facility, and require a
specific plan of action before Update compliance can be verified. We appreciate your attempts at
resolving this difficult situation.
The Committee also received additional comments from representatives of SOCRRA and Madison
Heights. We were disappointed that they did not contribute to a greater or new understanding of the
situation, neither did they indicate any change in position or provide hope that a mutually agreeable
solution could be reached.
The Committee wrestled with this designation prior to making its recommendation and has not
received any compelling new information. Therefore, the Committee respectfully declines to
reconsider its recommendation in this matter.
Sincerely,
Mrs. Ardath Regan
Chair, Oakland County Solid Waste Planning Committee
•
Resolution #00160 June 15, 2000
Moved by Palmer supported by Douglas the resolution be adopted.
Moved by Palmer supported by Garfield the resolution be substituted with
the following resolution:
MISCELLANEOUS RESOLUTION
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: SOLID WASTE PLANNING COMMITTEE'S RESPONSE TO THE BOARD OF
COMMISSIONERS' OBJECTIONS TO THE RECOMMENDED SOLID WASTE MANAGEMENT PLAN
1999 UPDATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Solid Waste Planning Committee (SWPC)
has met with the Oakland County Designated Planning Agency (DPA) on 14
occasions since the fall of 1997 to review Oakland County's future solid
waste management alternatives; and
WHEREAS the Committee authorized the release of a draft solid
waste management plan update document for public comment and this
material, dated June 14, 1999, was widely distributed on that date, with
written public comments received through September 25, 1999, and a
public hearing was held on September 16, 1999 and members of the public
spoke of their questions and concerns on the draft plan update; and
WHEREAS after consideration of all written and oral comments
received, the Oakland County Solid Waste Management Committee has
recommended to the Oakland County Board of Commissioners that the Solid
Waste Management Plan 1999 Update dated October 21, 1999, be
approved; and
WHEREAS your Planning and Building Committee, and the Board of
Commissioners has received and reviewed the recommended Update,
discussed its purpose, contents, and ramifications with the Designated
Planning Agency staff, considered public input at four meetings; stated
certain objections to the Update and sought the additional counsel and
recommendations of the Solid Waste Planning Committee; and
WHEREAS the Solid Waste Planning Committee and Designated Planning
Agency has supported a modification of the Recommended Update to include
Ferrous Processing and Trading as a waste transfer/processing facility,
and your Planning and Building Committee has concurred; and
WHEREAS the Designated Planning Agency has supported a
modification of the Recommended Update to include SOCCRA's Madison
Heights facility as a waste processing facility.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the 1999 Solid Waste Management Plan
Update as recommended by the Solid Waste Planning Committee on
October 21, 1999, as revised on May 4, 2000, per the attached letter
from the Chair of the Oakland County Solid Waste Planning Committee, to
include FPT as a waste transfer/processing facility.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners hereby approves the designation of the SOCCRA Facility at
29740 John R, Madison Heights, Sec. 12 of Royal Oak Township, as a Waste
Transfer/Processing Facility, as recommended by the Designated Planning
Agency.
BE IT FURTHER RESOLVED that the Update shall be submitted first to
Oakland County's 61 municipalities for their approval and after
receiving 67% affirmative responses (41 minimum), the Update shall be
submitted to the Michigan Department of Environmental Quality for the
Director's final approval.
Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Discussion followed.
Garfield withdrew his support for substituting the resolution; Buckley
supported the substitute resolution.
0.41C
amended by adding
County Board of
SOCCRA Facility at
Oak Township, as a
by the Designated
Resolution #00160 continued June 15, 2000
Discussion followed. Validity of substituting the resolution and the
extent to which a substitute resolution can be amended were clarified.
The Chairperson stated a " YES" vote would put the Substitute
Resolution before the Board; a " NO" vote would not.
Discussion followed.
Vote on substituting the resolution:
AYES: Palmer, Amos, Appel, Buckley, Coleman, Garfield, Gregory, Jensen,
Law. (9)
NAYS: Obrecht, Schmid, Sever, Suarez, Taub, Causey-Mitchell, Colasanti,
Dingeldey, Douglas, Galloway, McCulloch, McPherson, Melton, Millard,
Moffitt. (15)
A sufficient majority not having voted therefor, the motion to
substitute the resolution failed.
Moved by Melton supported by McPherson the resolution be amended as
follows:
• Delete the fifth WHEREAS paragraph;
• Delete wording in the NOW THEREFORE BE IT RESOLVED paragraph, so it
reads as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the 1999 Solid Waste Management Plan
Update as recommended by the Solid Waste Planning Committee on
October 21, 1999.
from tho Chair of tho Oakland County Solid Wacto Planning Committoo,
Discussion followed.
The Chairperson stated a " YES" vote would exclude FPT; a " NO" vote
would not.
Vote on Melton's amendment:
AYES: Sever, Suarez, Melton. (3)
NAYS: Palmer, Schmid, Taub, Amos, Appel, Buckley, Causey-Mitchell,
Colasanti, Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen,
Law, McCulloch, McPherson, Millard, Moffitt, Obrecht. (21)
A sufficient majority not having voted therefor, Melton's amendment
failed.
Moved by Palmer supported by Appel the resolution be
the following BE IT FURTHER RESOLVED paragraph:
BE IT FURTHER RESOLVED that the Oakland
Commissioners hereby approves the designation of the
29740 John R Road, Madison Heights, Sec. 12 of Royal
Waste Transfer/Processing Facility, as recommended
Planning Agency.
Discussion followed.
Vote on Palmer's amendment:
AYES: Amos, Appel, Buckley, Colasanti, Coleman, Dingeldey,
Gregory, Jensen, Law, Palmer. (11)
NAYS: Schmid, Sever, Suarez, Taub, Causey-Mitchell, Douglas,
McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht. (13)
Garfield,
Galloway,
A sufficient majority not having voted therefor, Palmer's
failed.
amendment
L. Brooks Patterson. County Executive
Resolution #00160 continued June 15, 2000
Moved by Palmer supported by Douglas the resolution be amended by adding
the following as the first BE IT FURTHER RESOLVED paragraph:
BE IT FURTHER RESOLVED that the Solid Waste Manager is hereby
directed and authorized to edit and modify the appropriate sections of
the 1999 Solid Waste Management Plan Update as Recommended by the Solid
Waste Planning Committee on October 21, 1999, and as approved by the
Board of Commissioners on June 15, 2000, to accurately reflect all the
changes to the Update approved herein.
A sufficient majority having voted therefor, Palmer's amendment carried.
Vote on resolution, as amended:
AYES: Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell,
Colasanti, Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen,
Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer,
Schmid. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 June 15, 2000 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand ) an affixed the seal of the
1' County of Oakland at Pontiac, Michigan this 150 da of June, ei00.
G. William Caddell, County Clerk