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HomeMy WebLinkAboutMinutes - 1990.05.31 - 7169• OAKLAND COUNTY Board Of Commissioners MEETING May 31, 1990 Meeting called to order by Chairperson Roy Rewold at 8:57 A.M, in the Courthouse Auditorium, 1200 N. Telegraph, Pontiac, MI. Roll called. PRESENT: Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt; Oaks, Olsen, Pappageorge, Pernick -, Price; Rewold, Skarritt-, Wolf. .(25) . ABSENT: Aaron, Susan Kuhn. (2) Quorum present. Invocation given by Commissioner Donn L. Wolf. Pledge of Allegiance to the Flag. Moved by Olsen supported by Moffitt the agenda be approved as presented. A sufficient majority having voted therefor, the agenda was approved. Moved by Olsen supported by Skarritt the-rules be suspended for discussion. - AYES: Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McConnell, McPherson, Moffitt, Oaks, Olsen, Pappagearge, Price, Rewold, Skarritt, Wolf. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carried. ' The following persons addressed the 'Board: Terry Donnely, Jim Meenahan, Roger Smith, Sue Mysliewiec, Peter Connors, Dorothy Gibbard,-Ardath Regan, JoAnn YanTassel, Dr. Phillip Kish, Steve Petz, Claudia Cook, Gisela Lendle-King, Marilynn Burton-Ristau, Jim Qualls, Mary. Ann Ryan, Nancy Krempa, Bill Benesh, Jerry Sutton, Judy White and John King. The Chairperson stated the Review of Act 641 - "Solid Waste Plan Update" was before the Board for amendment and/or adoption. Moved by Skarritt supported by Huntoon the BFI/Marlowe Landfill Site be removed from the Plan. The Chairperson declared a 5 minute recess. The Board reconvened at 11:20 A.M. Discussion on the proposed amendment followed. Votes on amendment: AYES: Caddell, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, Law, Luxon, McPherson, Moffitt, Oaks, Pernick, Price, Skarritt, Bishop. (15) NAYS: Calandra, Chester, Crake, Ferrens, McConnell, McCulloch, Olsen, Pappageorge, Rewoid, Wolf. (10) Commissioners Minutes Continued. May 31, 1990 A sufficient majority having voted therefor, the amendment carried. Moved by McCulloch supported by Calandro to include the Marlowe Landfill Site in the 641 Plan contingent on entry of a consent judgement satisfactory to DNR and the Oakland County Board of Commissioners which provides the complete mediation of the Marlowe Landfill Site. MrBishop stated the.amendment was out of order. The Chairperson ruled the amendment in order. ,Mr.-Bishop challenged the decision of the Chair. The Chairperson stated it takes 3/4 vote to override the decision of the Chair. A "AYE" vote will sustain the decision of the Chair. AYES: Calandra, Chester, Crake, Jensen, Johnson, R. Kuhn, McConnell, McCulloch, Olsen, Pappageorge, Pernick, Price, Rewold, Wolf, Caddell. (15) NAYS: Ferrens, Gosling, Huntoon, Law, Luxon, McPherson, Moffitt, Oaks, Skarritt, Bishop. (10) A sufficient majority NOT having voted therefor, the decision of the Chair was sustained. The Chairperson stated Mr. McCulloch's amendment was before the Board for consideration: - Discussion followed. The Chairperson vacated the Chair. Vice Chairpersonjancy McConnell took the Chair. Vote on amendment: AYES: Crake, Jensen, McConnell, McCulloch, OIL- Pappagearge, Rewold, Wolf, Calandro. (9) NAYS: Chester, Fei.rens, Gosling, Huntoon, Johnson, R. Kuhn, Law, Luxon, McPherson, Moffitt, Oaks, Pernick, Price, Skarritt, Bishop, Caddell. (16) A sufficient majority NOT having voted therefor; the amendment failed. Moved by Rewold supported by Richard Kuhn to remove the expansion of Eagle Valley from the Plan. AYES: Gosling, Huntoon, Johnson, R. Kuhn, Law, Oaks, Price, Rewold, Skarritt, Bishop. (10) . NAYS: Crake, Ferrens, Jensen, Luzon, McConnell, McCulloch, McPherson, Olsen, Pappageorge, Pernick, Wolf, Caddell, Calandra, Chester. (14) A sufficient majority NOT having voted therefor, the amendment failed. Moved by Rewold supported by McPherson that any Host Community be reimbursed for being a Host Community on a fee basis or- whatever it may be, but at least to sit down and negotiate With the communities whether it be a MERF Waste-to-Energy Facility, Landfill or whatever. The Vice Chairperson referred the motion to the Planning and Building Committee. Mr, Bishop objected to the referral, supported by Pappageorge. Mr. Bishop stated since this was not mentioned in the Plan, the oversight should be referred to the 641 Committee and not the Planning and Building Committee. The 641 Plan, as presently before the Board does not speak to Host Communities fees, and therefore he would like that objection noted. Discussion followed. Moved by Gosling supported by Olsen the motion be amended to include after "Host Communities" the words "and contiguous affected comaunities." A sufficient majority NOT having voted ; therefor, the amendment to the motion failed. Moved by Rewold supported by Olsen the Plan be amended to state that the Host Community fees should be conceptually discussed in the outlining consideration which would form the basis for such fees. Discussion followed. Vote on amendment: AYES: Gosling, Johnson, R. Kuhn, Luxon, McConnell, McPherson, Pappageorge, Price, Rewold, Skarritt, Wolf; Bishop, Chester. (13) NAYS: Ferrens, Bunton, Jensen, Law, McCulloch, Moffitt, Oaks, Olsen, Pernick, Caddell, Calandro, Crake. (12) Commissioner Minutes Continued. May 31, 1990 151 A sufficient majority having voted therefor; the amendment carried. Moved by Johnson supported by McPherson the 641 Committee take a lock at property contiguous to the landfill and the people be compensated for a loss of property value. AYES: Gosling, Huntoon, Johnson, R. Kuhn -, Luxon; McConnell, McPherson, Oaks, Pernick Price, Rewold, Skarritt, Bishop, Chester. 04) NAYS: Jensen, Law, McCulloch, Moffitt, Olsen; Pappageorge, Wolf, Caddell, Calandra, Crake. (10) A sufficient majority having voted therefor, the motion carried. Moved by Johnson supported.by,Hurtoan that at the-bottom -afpage 8-25, the last7sentence .(after ."consultation with the. Oakland Caunty SrolidT.Waste•Department_and .Citizens Review Committee Chairperson; the _County Executive) 'add,"with the consent of the Board of Commissioners"; who will appoint repreentatives from the affected and adjacent communities: A sufficient majority having voted therefor, the amendment carried. Moved by Olsen supported by Pappageorge the Plan be amended in Sec. 8.8.1 IMPLEMENTATION LEGISLATION (second sentence): The present language says "For any bonds issued to finance the facilities, the County shall pledge its full faith and credit." The proposed language will be "Thrsystem will be self supporting through revenues generated by waste delivered to the various system components to pay bondholders for any bonds issued to finance the facilities." A sufficient majority having voted therefor, the amendment carried. Moved by Chester supported by McPherson the Plan be amended to remove the SOCRRA Incinerator from the County Plan_ Discussion followed. AYES: Huntoon, Johnson; Luxon, McPherson; Moffitt; Oaks, Price, Bishop, Chester, Gosling.(10) NAYS: Jensen; R. Kuhn; McConnell; McCulloch, Olsen; Pappageorge, Pernick, Rewold„ Skarritt, Wolf; Caddell, Calandra, Crake. (13) . A sufficient majority NOT having therefor, the amendment failed. • X . Moved by Bishop supported by McConnell the plan be amended to remove SOCRRA Landfill in Rochester Hills (page 8-8 of plan). • . AYES: Johnson, R. Kuhn, McConnell, McPherson, Moffitt; Oaks; Rewold, Skarritt, Bishop, Chester, Crake, Gosling, Huntoon. (13) NAYS: Jensen; Luxon; McCulloch, Olsen; Pappageorge, Pernick; Price; Wolf, Caddell, Calandra. (10) • A sufficient majority having voted therefor, the amendment carried. Mr. Wolf stated he had voted on the removal of the SOCRRA Landfill from the plan (he voted NAY) and he would like it noted in the minutes he should have abstained from voting because of a possible conflict of interest. Moved by Price supported by Pernick that all financial concern of oversight responsibility be referred to the Finance Committee and those that concern-the Planning and Building Committee be referred to that committee. The Chairperson stated the referrals have to be referred directly to the 641 Committee. Mr. Price stated the Board could refer if they wish to, and requested a roll call vote on the motion to refer. 152 Commissioners Minutes Continued. May 37, 1990 AYES: R. Kuhn, Law, Luxon, McPherson, Oaks, Pernick, Price. (7) NAYS: Johnson, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Wolf, Bishop, CAddAll, Calandra, Chester, Crake, Gosling, Huntoon, Jensen. (17) A sufficient majority NOT having voted therefor, the motion to refer failed. Moved by Pappageorge supported by Moffitt to include the site selection criteria as an appendex for our plan, and it go to the 641 Committee to consider. A sufficient majority having voted therefor, the motion carried. Moved by Skarritt supported by Johnson on the 4th line of page 8-38, sec. 8,5.12 .(COUNTY BOARD ACTION), after "of all criteria" add "by affirmative action.of" the Board finds the proposed site A sufficient majority having voted therefor, the amendment carried. Moved by Skarritt supported by Johnson the plan be amended on page 8-38, the first paragraph on the page, in the next to last line after "if there is clear and convincing evidence" add "beyond a reasonable doubt." Also under Sec. 8.5.12, the next to last line add the same "beyond a reasonehle doubt" after "clear and convincing evidence. A sufficient majority having voted therefor, the amendment carried. The Chairperson declared a 15 minute recess for the Board to compile all amendments into a resolution and present to the Board for adoption. The Board reconvened at 2:25 P.M. The Chairperson stated the 641 Plan was before the Board. . Mr. Crake presented the following resolution: Misc. 90126 • Ry Larry P. Crake IN RE: UPDATE OF OAKLAND COUNTY SOLID WASTE MANAGEMENT PLAN To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Act 641 of the Public Acts of 1978, as amended, requires the preparation and update every. five years of county solid waste management plans; and WHEREAS this Board, pursuant to the adoption of Miscellaneous Resolution 787244 on October B, 1987, filed a Notice of Intent to prepare such a plan update with the Director of the Michigan Depart- ment of Natural Resources (MDNR); and - WHEREAS said resolution also selected the County Executive to act as the designated planning agency responsible for the preparation of.the plan update; and WHEREAS this Board has appointed a fourteen (14) person Solid Waste Planning Committee tSWPC) to act in an advisory capacity during the preparation of the proposed plan update; and WHEREAS after thirty (30) public meetings and a public hearing held by the County Executive as the designated planning agency on March 1, 1990, the SWPC has approved the proposed plan update and in accordance with Act 641, has forwarded it to this Board for approval; and WHEREAS as a result of the review of the public comment record and matters presented to this Board, this Board has certain objections to the proposed plan update which are required to be sent to the SWPC for its recommendations in accordance with Act 641. NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners has the following objections to the proposed Plan update as approved by the SWPC on May 10, 1990: 1) BFI1Marlowe: landfill site shall be removed from the Plan. 2) Host Community fees should be conceptually discussed in the Plan outlining consideration which would form the basis for such fees. 3) A property value protection program should be conceptually discussed in the Elan, along with criteria for specific usage. 4) Section 8.5.4 should be amended to provide that the County Executive will appoint rep- representatives from affected and adjacent communities "with the consent of the Board of Commissioners". • 5) Section 8.8.1 should be amended to delete reference to "...for bonds issued to finance • the facilities, the County shall pledge its full faith and credit:: and insert in place thereof, "The System will be self supporting through revenues generated by waste delivered to the various system •components to pay bondholders for any bonds issued to finance the facilities." 6) The proposed SOCRRA landfill expansion should be removed from the Plan 7) The interim siting criteria in Chapter 8.5 should be reexamined to be more specific. 8) Chapter 8.5.12 should be strengthened to provide for affirmative action by- the Board of Commissioners. VW.% JJ, 10.3 LYNN O. ALLEN Clerk ROY REWOLD Chairperson 9) Chapters 8.5.11 and 8.5.12 should be strengthened to provide a ...clear and convincing evidence beyond a reasonable doubt...a BE IT FURTHER RESOLVED that the SWPC is hereby requested to make its final recommendations directly to this Board by June 30, 1990, regarding these objections; as provided in Act 641, Mr. Chairperson, I move adoption of the foregoing resolution. • Larry P. Crake, Commissioner Dist. #5 . Moved by Pappageorge supported by McConnell the resolution be adopted (with the proposed amendments being referred to the Solid Waste Committee for consideration). AYES: RI Kuhn, McConnell; Moffitt, Pappageorge, Rewold -, Skarritt, Wolf, Bishop, Caddell, Calandro; Crake; Gosling; Huntoon, Johnson. (14) NAYS: Luxon, McCulloch; McPherson, Oaks, Olsen; Pernick, Price, Chester, Jensen. (9) A sufficient majority having voted therefor, the resolution was adopted. The Chairperson stated at the last Board Meeting; Resolution#90123 was referred to the Finance Committee and Mr. Crake also wanted it to be referred to Planning and Building Committee. In order to correct the error, the resolution is being referred to the Planning and Building Committee. . In accordance with Rule XXII, the following referrals were made by the Chairperson: PUBLIC SERVICES a. •MAC- Jail Partnership S.B.'s 915 and 916 • OTHERS -- Commissioners a. Thomas J. Bulger - Washington Report for the Week of May 14, 1990 b. Thomas J. Bulger - Washington Report for the Week of May 21, 1990 Management & Budget - a. .Equalization - Ind. Fac. Ex. in Excess of 5% SEV; New Brighton Industries, Wixom The next meeting of the Board will be June 14, 1990 at 9:30 A.M. The Board adjourned at 2:35 P.M.