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HomeMy WebLinkAboutMinutes - 1989.10.12 - 7199OAKLAND COUNTY f Corr,nissioners ZETIAG October 12, 1989 Meeting called to order by Chairperson Roy Rewold at 9:47 A.M. in the Courthouse Auditorium, 1200 N. Telegraph, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bishop, Caddell, Calandra, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, Richard Kuhn, Susan Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf. (27) ABSENT None. (0) Quorum present. Invocation given by Commissioner Ruel McPherson. Pledge of Allegiance to the Flag. Moved by Crake supported by Pernick the rules be suspended and the agenda amended in accordance with Rule XI-E for the following resolutions already on the agenda under Planning and Building Committee: b. DPW - Solid Waste - Auburn Hills Waste to Energy Facility Environmental Contract d. Solid Waste - Agreement. Between County and Auburn Hills for the Siting of a Waste -to- Energy Facility and a Materials Recovery Facility f. Res. 89250, Solid Waste - Creation of Community Relations Co-Ordinator AYES: Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Oaks, Olsen, Pappageorge, Pernick, Rewold. (25) NAYS: None. (0) A sufficient majority having voted therefor, the motion to suspend the rules carried and the agenda, as amended, was approved. The following persons addressed the Board: Antc.inette Beuche, John King, Michael McCulloch, Dave Keinath, Linn Keinath, Sandy Rowland, Dawn Furlong, Todd Phipps, Jan Craves, The Chairperson made the following statement: "At this time a Public Hearing is now called on the "COUNTY GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX". Notice of the Public Hearing was published in the Oakland Press on October 2, 1989. Are there any persons present that wish to speak?" John King reeuested to address the Board. No other persons requested to speak and the Public Hearing was declared cloEed. Misc. 89254 By Finance Committee IN RE: 1989 COUNTY GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX RATE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County has a fixed millage tax rate et 5.26 mills; a voted .25 mill for Parks 335 336 Commissioners Minutes Continued. October 12, 1989 and Recreation; and WHEREAS the Huron-Clinton Authority has requested the County to apply a .25 mill property tax rate; and WHEREAS the compound millage rollback required by Article 9, Section 31 of the Michigan Constitution, the Headlee Tax Limitation amendment, has authorized the maximum allowable County tax rate of 4.5498 mills, the Parks and Recreation maximum allowable tax rate of .2210 mill and the Huron-Clinton Authority maximum allowable tax rate of .2332 mill; and WHEREAS Public Acts of 1982, "Truth in Taxation" Act, requires the County Board of Commissioners to hold a public hearing if the recommended property tax rate exceeds the adjusted Base Tax Rate of 4.1740 mills; and WHEREAS the County Executive recommends that there be no increase in the County General Fund current property tax rate; and WHEREAS it is recommended that the 1989 County General Fund Property Tax rate be set at 4.6391 mills, .0107 mill below the maximum allowable tax rate and the Oakland County Parks and Recreation tax rate at .2210 mill, the maximum allowable tax rate, and the Huron-Clinton Park Authority tax rate at .2332 mill, the maximum allowable tax rate; and WHEREAS $108,533,618 is the amount of the 1990 County Budget to be raised by taxation based on the 1988 Equalized Valuation of $23,395,403,757 at the recommended tax rate of 4.6391 mills, together with the voted .2210 mill for Parks and Recreation of $5,170,384 and the .2332 mill for the Huron-Clinton Authority of $5,455,808. NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships and Assessing officers of the several cities of Oakland County be authorized and directed to spread on their respective township or city tax rolls for the year 1989 the following tax rates to be applied to their 1988 equalized valuation: 1989 County Voted for Huron-Clinton General Property Tax Levy Parks and Recreation Authority 4.6391 Mills . Mi .2332 Mill Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Caddell supported by Susan Kuhn the resolution be adopted. AYES: Wolf, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 89255 By Government & Transportation Committee IN RE: SENATE BILL 516 (OPPOSE) ALLOWS DECLARATION OF PARTY PREFERENCE IN PRESIDENTIAL PRIMARY UP TO AND INCLUDING ELECT:ON DAY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS under existing law an elector must declare party preference at least 30 days before a presidential primary election to be eligible to vote in that election; and WHEREAS Senate Bill 516 would amend the Michigan Election Law (Act 116 of the Public Acts of 1954) to permit electors to declare party preference up to and including the day of the presidential primary election; and WHEREAS election officials are very busy on election day and it would not be feasible for them to assume a new and time-consuming duty such as accepting party preferences. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes Senate Bill 516. BE IT FURTHER RESOLVED that copies of this resolution be sent to all State Legislators from Oakland County, the Michigan Association of Counties and to the County's Legislative Agent. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the adoption of the foregoing resolution. GOVERNMENT & TRANSPORTATION COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Crake the resolution be adopted. AYES: Bishop, Caddell, Calandro, Chester, Crake, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Rewold, Skarritt, Wolf. (20) NAYS: Ferrens, Oaks, Pernick, Price. (4) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. October 12, 1989 337 Misc, 89256 By Government & Transportation Committee IN RE: Read CoJaission - COMPENSATION ADJUSTMENT FOR MEMBERS OF BOARD OF COUNTY ROAD COMMISSIOAERS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the compensation of members of the Board of County Road Cormissioners of Oakland C06y is est6bIished by the Oakland Couoty Board of Coi-iiai a I unera pursuant to Section 8, Chapter IV of Act 283, PA 1909, as amended, beiri9 HCL aid WHEREAS such conensation to members of the Board of County Road Urcissioners is paid from the Coanty Road Fund, in accordance with Section 9, Chapter IV of Act 283, PA 1909, as amended, being MCL 224.9; and WHEREAS the current -alary of $7,500 for Mem'dors and $8,500 for the Chairperson was established March 4, 1971, NOW THEREFORE. BE. IT RESOLVED that the Oakland County Board of Commissioners establishes the compenstion for a Member of the Board of County Road CouW,ssioners at ,15,000 per year and compensation for the Chairperson of the Board of County Road Commissoners at $II.000 per year, such compnsation to be paid from the County Road fund. BE IT FURTHER RESOLVED that such annual compensation :;daIl be effective October I, 1989. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the adoption of the foregoing resolution. GOVERNMENT & TRANSPORTATION COMMITTEE Richard G. Skarritt, Chairperson Moved by Skarritt supported by Susan Kuhn the resolution be adopted. Discussion followed. AYLS: Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Price, Rewold, Skarritt, Wolf, Bishop. (23) NAYS: McConnell, Pernick. (2) A sufficient majority having voted therefor, the resolution was adopted. Misc. 89257 By Government g Transportation Committee IN RE: SUPPORT NAMING K-59 BETWEEN 1-94 AND I-96 THE VIETNAM VETERANS MEMORIAL HIGHWAY EXCEPT THE SECTION BETWEEN UTICA AND PONTIAC To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS house Resolution 24 douse ConcurrEnt Resolution 379 and House Bill 5117 have been introduced and call for the naming of M-59 between f-94- and I--Oh, excluding tie section named Veterans Memorial Highway between Pontiac and UOca, the Vietnam Veterans Memoral Highway; and WHEREAS 2, 994,100 Vietnam Veterans served their country with nunor and distinction; and WHEREAS 58,400 brave American men anc women made the ultimate sacrifice by giving their lives for their country during the Vietnam conflict and 2,646 of the Vietnam Veterans who died in action were from MicAigan; and WHEKAS it would be a fitting and appropriate tribute to name state trunkline M-59 running through Macomb, Oakland and Livingston Counties in honor of the Vietnam Vot&cans, NOW THEREFORE BE IT RESOLVED that the 0a:Kland County Boord of Commissioners supports the legislative package naming the major portion of M-59 as the Vietnam Vete'oans Memorial Highway. BE IT FORMER RESOLVED that copies of this resolution he sent to all State Legislators from Oakland County, the Michigan Association of Counties and to the County's Legislative Agent. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the adoption of the foregoing resolution. GOVERNMENT & TRANSPORTATION COMMITTEE Richard G. Skarritt, Chairperson Moved by Calandro supported by Pappageorge, the resolution be adopted. AYES: Calandra, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell. (25) NAYS: None: (G) A suffioient majority having voted therefor, the resolution was adopted. 338 Commissioners Minutes Continued, October 12, 1989 Misc. 29258 By Government & Transportation Committee IN RE: Board of Commissioners - ESTABLISHMENT OF POSITION OF SENIOR PROGRAM EVALUATION AND OPERATIONS ANALYST To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Public act 139 of the Public Acts of 1972 permits the Board of Commissioners to appoint staff to assist the Board in performing its obligation under the Law; and WHEREAS by Miscellaneous Resolution #86074 ne Board of Commissioners reorganized its staff into an Administrative Division and a Program Evalp.ation and Operations Analysis Division, and a County Library Board Division. WHEREAS the Oversight Committee of the Board of Commissioners now recommends the addition of one Senior Program Evaluation and Operations Analyst Position. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners establishes the appointed position of Senior Program Evaluation and Operations Analyst in the Program Evaluation & Operations Analysis Division with the attached classification description. BE IT FURTHER RESOLVED that the salary range of the position of Senior Program Evaluation and Operations Analyst be established at: PERIOD BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR ANNUAL $32,280 134,316 $36,349 $38,385 $40,420 $42,455 BE IT FURTHER RESOLVED that the position be posted for a period of four weeks in accordance with the usual practice of the Personnel Department; that the applicants be interviewed by the Director of the Personnel Department or his designee; and that a report of the applicants interviewed be referred to the Oversight Committee of the Board of Commissioners. Mr. Chairperson, on behalf of the Government & Transportation Committee, I move the adoption of the foregoing resolution. COVERNMENT & TRANSPORTATION COMMITTEE Richard G. Skarritt, Chairperson The Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections. Misc. 89259 • By Planning and Building Committee IN RE: Department of Corporation Counsel - Real Estate Section - ACCEPTANCE OF OFFER TO PURCHASE REAL ESTATE COMMONLY KNOWN AS 1064 BENNAVILLE STREET, BIRMINGHAM, MICHIGAN: Tax Sidwell No. 19-36-430-025 To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution 89209, dated August 17, 1989, authorized the disposal of said property described as; Lot 1177, Limbach-Humphrey's Woodward Avenue Subdivision, being part of the E 1/2 of the SE 1/4 of Section 36, T2N, RIO, E, Township of Bloomfield and pt of W 1/2 of the SW 114 of Section 31, and part of the NW 1/4 of Section 31, TRW, RI1E, Township of Troy, Oakland County, Michigan, according to the Plat thereof as recorded in Liber 27 of Plats, Page 5, Oakland County Records. Commonly known as 1064 Bennaville, Birmingham, Michigan. WHEREAS said property was advertised for sale to the general public for the purpose of receiving sealed offers; and WHEREAS the current use of the property is vacant and unused; and WHEREAS, the property has been appraised at $45,000.00 by Robert Scott, SREA and reviewed by Don Bailey, Manager of the Equalization Department for the County of Oakland. WHEREAS Waiter P. Len and John Steinbach, jointly, have submitted an offer of $56,000.00 cash and included checks for $5,600.00 as deposit; and WHEREAS the Planning and Building Committee has reviewed the Offer to Purchase and recommends the sale of property to Walter P. Len and John Steinbach, jointly; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby accepts the offer of Walter P. Len and John Steinbach, jointly, for $56,000.00. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Chairperson of the Board of Commissioners to execute the necessary documents for the sale of said property. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Anne M. Hobart, Chairperson Moved by Hobart supported by Jensen the resolution be adopted. Commissioners Minutes Continued. October 12, 1989 339 AYES: Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, (25) NAYS: None, (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 89260 By Plannino and Building Committee IN RE: Department of Public. Werks - Solid Waste - AUBURN HILLS WASTE-TO-ENERGY FACILITY ENVIRONMENTAL REVIEW CONTRACT To the Oakland County Board of Commssic ,ins Mr. Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has proposed to contruct a 1,500 -2,000 ton per day wste-to-energy facility (WTE) within the. City of Auburn Hills near the intersection of Brown Road and Giddings Road; and WHEREAS the City of Auburn Hi 1k, through its existinq environmental review procedures, carefully reviews all such proposals using the auspices of its Pollution Control Board and its expert consultants; and WHEREAS the City of Auburn Hills will incur considerable efforts and unexpected expenditures with respect to monitoring the environmental aspects of the WTE project; and WHEREAS Oakland County ren s......Its Auburn Hills desire to have an independent review conducted on this project and wishi not to impose unexpected economic burdens upon the municipality. NOW THEREFORE BE II RESOLVED= that tne proposed Service Agreement dated August 7, 1989, copy attached, between the City of Auburn Hills and the County of Oakland be approved by the Oakland County Board of Commissioners to pay Auburn Hills for expenses incurred fur environmental consulting services in relation to the proposed waste-to-energy project at a maximum county cost of $30,000; and BE 11 FURTHER RESOLVED that the expenses involved in this environmental review be charged to the Solid Waste Project and recovered at the time of sale of bonds for the waste-to -energy facility. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Anne M.• Hobart, Chairperzcn Fiscal Note (Misc. 69260) By Finance Comuittee IN RE: Department of Public Works-Solid Waste - Auburn Hills Waste-To-Energy Facility Enviroonental Review Contract To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen; Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed the above named Miscellaneous Resolution and finds: 1) The proposed Service Agreement between the County and Auburn Hills provides for the City to retain the services of Dr. Larry Holcomb of Holcomb Environmental Services for consulting work regarding the environmental and pollution issues during the permitting process of the proposed Waste-To-Energy facility in Auburn Mills. 2) The City will provide all information generated by Dr. Holcomb to the County. 3) The reimbursement by the County shall not exceed $30,000, which is recoverable from the proceeds of the sale of Bonds for the Waste-To-Energy Facility. 4) The funds are available in the Solid Waste Unit Professional Services line item (4-10100-141-15-00-3128) so no budget amendments are necessary. FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Hobart supported by Crake the resolution be adopted. AYES: Crake, Ferrens, Gosling, Hobart, Johnson, R. Kuhn, S. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Wolf, Bishop, Calandro, Chester. (23) WAYS: Skarritt. (1) A sufficient majority having voted therefor, the resolution was adopted. The Chairperson vacated the Chair, Vice Chairperson Nancy McConnell took the Chair. 340 Commissioners Minutes Continued. October 12, i989 Misc. 89261 By Planning and Building Committee IN RE: Solid Waste - OAKLAND COUNTY ACT 641 SOLiD WASIt MANAGEMENT PLAN AMENMENT To the Oakland County Board of Ccmmissiorers Mr. Chairperson, Ladies and Gentlemen: , WHEREAS the C)aklahe County Solid Waste Planning Committee (SWVC) has proposed an amendment to the Oakland County Act 641 Solid Was le Managemesit Plan originally adopted by the Oakland County Board of CommissJoners in August, "1 7182; and WHEREAS the amendment was formally :APC on September 28, 1989, following a 90 day period for public comment and input, dur'ri eiirch. t .':me a Public Hearing was conducted, all in accord with Act 641; and WHEREAS the amendment proposes the addition of an alternate Act 641 designated site for a waste-to-energy facility in the City of Auburn Hills OR property located south of Brown Road and west of Giddings Read: and WHEREAS the SWPC anticipates deleting from the existing Plan other sites designated for waste-to-energy facilities (namely three sites originally designated for proposed County owned waste-to-energy facilities located in Wixom, at the County Service Center in Pontiac, and in Rochester) during the op -going Act 641 Plan Update p...ccss, NOW THEREFORE BE IT RESOIJEO tht the. Liakarc CL.nty Board of Commissioners does herewith concur with the recommendations of the SWPC and aps the amendment to the existing Act 641 Solid Waste Management Plan 4s follows : Amendment to Oakland County Solid Waste M..w.a9r*,,nt Plan Section 15.0 of Chapter I (p, 1-15). subC:jc:n 1.411 of Section 1.0 of Part B of Ch4ter 4 (p. IV-163), Section of Part of Chapter 4 (p, IV-2151 Section 2.0 of Chapter 6 on p, VI-3) of the Oakland Ceoltv Solid Waste Management P.?_n. HE hereby amended to add an alternative site tor the County Wast-to -Lnrgy Facility (approximately 2000 ton per day caoacity) consisting of acres located in the City of Auburn Hills, south of brown Road and West of Giddings Road, in the NW l/4 of Section 3 of Pontiac Township. This amendment incorporates by reference the test of the existing Solid Waste Management Plan and becomes effective upon receipt of the accessary approvals. BE IT FURTHER RESOLVED that the County Executive as the designated planning agency is herewith authorized and directed to submit, the proposed plan to the governing bodies of each municipality in Oakland County for tneir respective approvals prior to forwarding toe proposed plan to the Michigan Department of Natural Resources for final approval as required by Act 641. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Anne M. Hobart, Chairperson Moved by Hobart supported by Pernick the resolution be adopted. AYES: Ferrens, Gosling, Hobart, Jensen, Johnson, S. Kuhn, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, Chester, Crake. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 89262 By Planning and Building Committee IN RE: Solid Waste - AGREEMENT BETWEEN OAKLAND COUNTY AND THE CITY OF AUBURN HILLS FOR THE SITING OF A WASTE-TO -ENERGY FACILITY AND A MATERIALS RECOVERY FACILITY To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Act 187 of 1989 provides that an agreement be entered into between a County and one of it's municipalities for -the siting of solid waste disposal facilities; and WHEREAS Oakland County's Solid Waste Planning Committee (SWPC), acting in accord with Act 641, has recommended that a waste-to-energy facility be located in the City of Auburn Hills; and WHEREAS the County Executive has additionally recommended that a material recovery facility for the processing of source separated recyclables also be located nearby in the City of Auburn Hills; and WHEREAS the details of the proposed agreement are contained in the attached document dated September 18, 1989, as approved by the Auburn Hills City Council on September 28, 1989. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve of the proposed agreement and authorize it's execution by the Chairman of the Board of Commissioners and the County Executive on behalf of the County of Oakland. Commissioners Minutes Continued. October 12, 1989 341 Mr, Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNING AND MILOING COMMITTEE Anne M. Hobart, 1.11rEjcperson Fiscal Note (Piee. 89262) Byne or a Cc.m'aittee IN RE: Agrees,ent betwen Oakland Crusty an the City of Au5crr Hills far the lliting of a Waste-to- Energy Facility and a Mif.erls Recov ,?cy ;:uAlity la thsr Oakland County 3d .l.rd at Coviissioners Mr. Chairperson, Ladies and Gentlemen: Pursu,trt to F.ule Xi-G of this lloard, the Finance Conmitt2c has reveLied the above named Miscellaneous Pesal:..ta son firds: 1) The isont-t has been reviewed and :soiTvcd by Crporation Counsel as to legal sufficiency. 2) The contract -,,eovides for a paymant of $i,15b,C00 to the City by the County from the sale of bonds for no k,:ast -tc -Foergy ('AE) facillty. 3) The contract limits eC char9e by th:! City to the County for water and sewer connections f-rs.. Loth far lilies to S7 ,:.o.000 based on freYMUW. floor space of 32E.,00: sow.re feet. This cost is to be paid from the of the. sa)e ef bonds, 4) The City is relieved ul pyments en the construction and interesi. ocsts for the Pontiac Township Extmsion #3. As of Aug.Jst 31, 19e, he be.lance on the construction acbvance is $306,807.50 and the accrued interest liability is $175,696.20 for a total liability of $482,503.70. This liability s to paid to the County from the sele of bonds. 5) The City will receive a Host Community Fee of $1.20 per tosl fo.' the NTE and $1.25 for the Material Recovery Faci'ity (MRF). The Host Commity Fee for the WTE includes a. guaranteed tonnage of 550,002 tours Irk,'n1cb is approximately 755 of the nar.e plate capacity opera.ting 24 hours a day, 7 days per week. This annual guarantee amounts to $825,000, initially. The guarantee- is reduced or avoided in the event of an uncontrollable circumstance. There is no tonnage guarantee for the MRF. Each Host Community Fee will escalate 2'"„ per annum, and is to he paid by tipping fees. 5) The County agrees vs convey to the city a 10 acre parcel located on Brown Road for the sum of $690,000. The Couhty is to hold a mortgage on this proputy until the City pays the County on the date ths, b•As are sold, or in the event ti-e bonds are not cold, the City shall reimburse the County in equal annual payments over ten years, interest free. 7) The County advances the City S1,000,000 from the General Fund to be reimbursed to the County from the sale of bonds, or in the event that bonds are not sold, the City shall reimburse the County in equal annualments over ten years, interest free. The funds for this acbiance are transferred from Contingency to a Non-Departmental Line Item as follows: ACCOUNT # ACCOUNT NAME AMORT 4-1-UTW-N9-01-00-9900 TortiTTency ($1,000,000) 4-10100-907-01-01-9315 NIL & MRF Siting Reserve 1,000,000 8) The resolution be amended to "approve of the attached agreement and authorize its execution" which replaces "approve of the proposed agreement and authorize its execution." FINANCE COMMITTEE G. William Caddell, Chairperson Moved by Hobart supported by Crake the resolution be adopted. Moved by Rewold supported by Pappageorge the proposed resolution be amended by deleting the last WHEREAS and the NOW RE 11 RESOLVED paragraphs and substituting the following: "WHEREAS representatives of the City of Auburn Hills and the County have recommended certain amendments to the agreement approved by the Auburn Hills City Council on September 28, 1989. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does herewith approve the attached amended contract and authorizes its execution by the Chairperson of the Board of Commissioners and the County Executive on behalf of the County of Oakland." Moved by Moffitt supported by Calandro the following amendment be added as a friendly amendment to Mr. Rewold's Amendment. (Mr. Rewold supported the motion) On page 9 of the agreement add the following: "2.14 It is expressly agreed that there shall be no HCF (paid or due to the City) for tons which are bypassed at the MRF and/or the WTE because of installation(s) and/or alteration(s) relating to environmental quaUty. Such non-processed waste shall be subtracted from the minimum annual tonnage guarantee set forth in Section 2.11 of this Agreement." Under Section 3 (Representations by the Parties) add the following: 3.2. It is agreed that the City hereby holds the County and its agents harmless from any liability for the City's negligent or wrongful acts relating to the construction and operation of the MRF and the WTE. Strike the following Clause:: 3.24 It is agreed that the County hereby holds the City and its agents harmless from any :342 Commissioners Minutes Continued, October 12, 1989 liability relating to the construction and operation of both the MRF and WTE other than a negligent or wrongful act of the City or its agents. On page 10, add the following new clauses: Section 4. Miscellaneous 4,1 Assignrieht --TET? -Agreonent, or any interest therein, shall not be assigned, transferred, or --Ahe i encumbered by the City. The City hereby consents to the assignment by the County of such of the County's rights and obligations under this Agreement as the County shall determine to be desirable to provide for implementation of this Agreement. 4.2 Amendments This Agreement may be amended from time to time by written agreement duly authorized and eXecuted by the parties hereto. 4.3 Severability If any provision of this Agreement shall, for any reason, be held to be invalid or unenforceaTe, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and this Agreement shall be construed and enforced as if such invalid and unenforceable provision had not be contained herein. 4.4 Integration This Agreement. sets forth the entire Agreement between the parties and completely supersedes any, all and all prior agreements or understandings between the parties pertaining to the subject matter hereof, and it is acknowledged that there are no other agreements, understandings, or representations between the parties except as expressly stated herein. This Agreement shall not be changed, modified, or supplemented orally. 4.5 Waiver No waiver by either party of an term or condition of this Agreement shall be deemed or consTTued -as a waiver of any other term or -7;,!dition, nor shall a waiver of any other term or condition, nor shell a w.iver of any breach be doomed to constitute ;J. waiver of any subsequent. breach, whether of the same or of a different section, subsection, p..r..:raph, clause, phrase or other provision of this Agreement. 4.6 Notices All notices required or permitted by this Agreement shall be in writing and shall be sent TTJtiied mail, return receipt requested, postage prepaid, to the following addresses: If to the County: If to the City: 4.7 Captions Captious or btdings used in this Agreement are for convenience only and in no way define,-1--Mt. Er describe the scope or int2nt of any provision or section of this AgreeLs ,nt. • - • • 4V.8 Governing Law This - A.c.olnt shall be governed by and interpreted in accordance with the laws of th State of FiC.higan. On pages 22 and 23, Attachment 8, under (c) Assignment, strike the words "by acquisition, construction, operation and maintenance of any of the TTETTITTE" and insert "implementation of this Agreement." • Under (d) Amendments, strike all the paragraph after the words "and executed by the parties hereto." A sufficient majority having voted therefor, the amendments carried. Discussion followed. Moved by Law supported by Gosling the resolution be referred back to the Finance Committee until the loose ends and problems are all answered. Discussion followed. Daniel T. Murphy, Roger Smith, H. Lawrence Fox and Jack Hays addressed the Board. Moved by Oaks supported by Ferrens the resolution be laid on the table until the next Board Meeting. AYES: Gosling, Law, McPherson, Oaks, Skarritt, Ferrens. (6) NAYS: Hobart, Jensen, Johnson, McConnell, McCulloch, Moffitt, Olsen, Pappageorge, Pernick, Price, Rewold, Wolf, Bishop, Caddell, Calandro, Chester, Crake. (17) A sufficient majority not having voted therefor, the motion failed. Vote on motion to refer: AYES: Jensen, Law, McCulloch, McPherson, Moffitt, Oaks, Olsen, Skarritt, Wolf, Calandro, Chester, Gosling. (12) NAYS: Hobart, Johnson, McConnell, Pappageorge, Pernick, Price, Rewold, Bishop, Caddell, Crake, Ferrens. (11) A sufficient majority haying voted therefor, the resolution was referred. Commissioners Minutes Continued. October 12, 1989 Fiscal Report (Misc. 89263) By Finance Committee IN RE: Deprtment of Rublid -iol Waste - Evaluation of Five Undfi'll Sites lo tho eck1A-,d County Boar,! Of ers Mr, Chairperson, Ladies arc. Er r or 5In - 3h0ve named Miscelialeous kesciution and finds that sufficient ft ,._ investigations for the tcp five sites, Tha funding was approved by 'escMuticn for site confirmation wort in the repartment ,r_Y Public Wrkstoll Ei v Cnit nrofessionai Services Line item 0:1.0 COn be reOesignated for this activity. No 5utiqe1 ulenderit.s o,e required. FINAkCE COMMITTEE S. Ailliam Caddell, Chairperson Wisc. n?': Ey P1Lar1H and Building CoEIT.it,:e, IN Dipartment of Public Works- Scl?d '4aste EVALUATIOX OF FIVE LANDELIL SITES To the Oakland County 8aard of Commissioners Mr. nairperson, Ladies and 'aentienea: N.I FEPS on Fahruary Is.89 by Nisceilanaacs Reslution 089038, tha Landfill Siting Advisory Comttee (LSAC) :,•Ki charged with the task ci re50mman1inn a site for 2urchase by the bounty f3r a sarltary and ash umotill disposal rer to ;xi .. the municipal solid waste dis'posal needs of Oakland C..:un 4Ty fon ET, forty (40) y,aar period; ao WHEREAS LSAC completed its task and ranked the sites identified by the coosultants, Rogers, Golden t Halper, Inc. in order of prefarence for ,Jevelciaent. subject to onsite investigations and to test drilling to confirm the site for geology and hydrogeo:ogy criteria; and WHEREAS on Auqust. 12, 1936 by Miscellaneous Resolution ,i89215, th Department of Public Ites vas autiorized to direct its consultant Rogers, Belden & Halpera, Inc. to simultaaeously confirm the top two preferred sites and Uarperation Counsel was di.-ecteJ to obtain site entry authorization for site :prfirmation purposes and to begin prapbratcry work nezessary to land acquisition; and WHEREAS subsecj.wntly, errors in the computation of the scores used for randng the sites Idere csooesrci Alen C oe-oot the ranking of several of the candid7_te sites, including switching positions with the number Lwc and three ranked sites; and WHERUS at the meeting cf Sectsmter 11, 1989, the LSAC adopted a motion recommending that the Oakland County Board of Commissioners authorize Rogers, Golden & Halpern, inc. to perform onsite surface investig:Aiens of the top five (5) ranked sites; anr.1 WHEUf,S ct the meeting of September 21, 1989, the LSAC recommended the use of Michigan specialists (havng expertise in the following areas of terrastrial biclowiecology, wetlands and geology), to as'gst Rogers, ';oldan 1 dalpern, Inc. in the site inv.,,stigaVon. NOW THEREFORE RE IT RESOLVD that the consultants Rogers, Golder & Halperh, Inc. hereby authorized to have a terrestrial biologist, a wetiarC e4ert and a ;eolosist to perform surface investigations of the top five (5) ranked sites as determined by the approved ranking based on any necessary additional c9rractions, BE IT FURTHER RESOLVED that Rogers, Golden & Halpern, Inc. be accompanied in this review by Michigan specialists (in the same three areas of expertise); and BE IT FURTHER RESOLVED that when the site reviews are completa, that a one-day fiaal review of the sites be conducted by Rogers, Golden 3 Hal.,Karn, Inc. in the company of three (3) :wresentatives of the Landfill Siting Advisory Committee, three (3) representatives f.'orm tie host community and their experts (if thought necessary by the host community) and one (I) representative from the. other potential host communities and their experts (if thought ne;:essacy by the host community); and BE IT FURTHER RESOLVED tiient expenditure for these efforts ',1ct to ..xc ,..ie(; $49,900 to be expensed o Rogers, Golden 1: Halpern, Inc. for three additional si .L walk-overs beyold the to site valk-overs in the present alended contraot, bringing th2. total lim.ber cf he i1'4-overs to five and an additional amount for the Michigan specialists, such amount to be appred by time Eirector of PubLe `iorks after salecties. of S sO I fafl sdeSialists by ,i.team rziacIF: up 3f the Chdrperson of LSAC, the Director of Public Works and cne representative e.c.) (as )poirt.ed by the respestive Towns)ip Supervisor) from !.edisen, Eighland and Oxford T3wnships) La allccatad. frcu. funds already pre-authorized for sit: confirmation ($270,000) and that u2on completion of the site reviews, a full budgetary examination of the existing contract be conducted and a revised contract prepared; and EE IT FURTHER RESOLVED that Corporation Counsel is herewith directed to assist the consultants, Rogers, Golden %:`, Halpern, Inc. in gaining access to the landfil', sitsas; and 81 IT 7URTHER RELDLiED that prior to the site walk-avers, that LS,f,G ard the Planning and Building Committee approve the specific definitive values, legal parameters, and definitions applying to each criteria to be utilized in the walk -avers. BE IT FURTHER RESOLVED that no soil borings will be taken as any of the sites without further authorization of the Oakland County Planriag and Building ammittee and the Oakland County Finance Committee, Mr. Chairperson, on behalf of the Planning and Krilling Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTE Anne M, Hobart, Chairperson n:aintion be amended by striking from the an paragi 4h. to the end of the resolution County Uepartment of Public Works Solid 1 biologist, a wetlands expert and a Moved by Hobart supported by Moffitt the resolution be adopted. Moved by Wolf supported by Moffitt the f resolution everything from the NOW THEREFORE BE IT and substitute in its place the fellowing; 'NOW THEREFORE BE If RESOLVED that the Oekl: Waste Division is hereby authorized to employ geologist to perform surface investigations of tne a HVQ' ranked sites with the assistance of a representative of Rogers, Golden and Halpern, as d.,r.nrminec by the approved ranking based on any additional corrections, and that these sclentific experts have credentialt and expertise in Michigan ecological conditions; and BE IT FORMER RESOLVED that the selection of these Michigan scientific specialists shall be recommended by the Director of Publ .ic We, ksnd the Chairperson of the Landfill Siting Advisory Committee (L.SACl and approved by the Rla.w)ng and Builnia.:: Committee, in an amount to be recommended by the Oirecton of Rubllc Works and apirdvcd by the PiaweHg and S'uilding Committee, such funds to be allocated from funds previously :Inthc.rize.i for site c.nnitenation ($270,000.001; and BE IT FURTHER RESOLVED neat 'Three (3) represey-taves of the nest community and one (1) representative of the potential hot cemmunity be alie .mcd to accompany the specialists on each of the five (5) waTkovers; and BE IT FURTHER RESOLVED that Rogers. 3c".1.en and H.:Jr:fen will conduct the three (3) additional site walkovers, for a total of five (5) •Kovers, ;.:thin the confines of their present amended contract; and BE iT FURTHER RESOLVED that Corporatinn consultants, Rogers. C,olden and Halpern, in gaining BE IT FURTHER RESOLVED that prior to the Building Committee approve the specific definitive applying to each criteria to be utilized in the walkover: BE IT HUFFER RESOLVED that no soil borings will be taken on any of the sites without further authorization of the Oakland County Planning and Building Committee and the Oakland County Finance Committee. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Jensen, Johnson, Law, McConnell, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Wolf, Bishop, Caddell, Calandra Chester, Crake, Hobart. (18) NAYS: McPherson, Skarritt, Ferrens, (3) A sufficient majority having voted therefor, the resolution, as amended, was adopted, 85250 By Planning and Building Committee IN RE: D.P.W./Solid Waste - CREATION OF COMMUNITY RELATIONS COORDINATOR - SOLID WASTE CLASSIFICATION, CREATION OF CORRESPONDING POSITION AND DELETION OF ONE (1) VACANT CIVIL ENGINEER III POSITION To the Oakland County Board of Commissioners Mr. Chairpernen, Ladies and Gentlemen: WHERF.AS in accordance with Act 641 Oakland County is designing for implementation an environmentaliy sound solid waste management system to meet the needs of County residents and dispose of all forms of non-hazardous solid waste as well as household hazardous wastes generated within the County; and WHEREAS the Solid Waste Mnnagement Plan needs on-going and persuasive publicity to achieve maximum public awareness and dartic4paton; and WHEREAS the Division -n nreposing a new clan:nification for the purposes of the development and implementathm of a public .a ,,nareness and enn.a!jon program to gain public acceptance and participation in the Solid. Waste dreosal program; WHEREAS the costs associated with the creation of this position would be offset by the deletion of one (1) vacant Civil Engineer III position in the Solid Waste Unit; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners implement the following actions: 1. Create a new classification titled Community Relations Coordinator - Solid Waste at salary grade 15. no overtime; 2, Create one (1) governmental position within that classification in the Solid Waste unit of Public Works Administration; 3. Delete one (1) vacant Civil Engineer III position (no. 04581) in the same unit. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Anne M. Hobart, Chairperson nounsel is herewith directed to assist the edgn te, the landfill sites; and walkovers, the LSAC and the Planning and bet, legal parameters, and definitions PLANNING. AND BUILDING COMMITTEE" COmmissioners Minutes Continued. October 12, 1989 345 Report (Misc B9250) By Personnel Committee IN RE: O.P.W./Solid 'Aste - Creation of Communty Relations Coordinator - Solid Waste Classifiction, Creation of Corresponding Position and Deletion of One (1) Vacant Civil Engineer III Position Tc the Oakland County. Board of Coacrisiclers Mr. Chairperson, HfN ,:q and Gentlemen The l'onc-J. Ccomittec, iaiq !'viewed the above referenced resowtion, reports witn the recommendat)n th-1 thc. ;'esolution hr Mr% ch ,irpesm, on bea':f f the Personnel Committee, I move the adoption of the foregoing report. PERSONNEL COMMITTEE John P. Calandro, Chairperson Fiscal Note (Misc. 89250) By Finance Committee IN RE: DPW/Solid WFEste Creatic. rY Ccvmunity Relations Coordinator Solid Waste Classification, Creation of Ccrrcs cona inr Position ,ari. !•:ie'Aon of One (1) Vacant Civil Engineer III Position To the Oakland tcoJooers Mr. Chairperson, Pr-r::-..mfq to Li., XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #89'..,0 and fines: 1) The County is impiementine an aggressive environmentally sound solid waste management system in accordance with the Act B41 ScHd Waste Management Plan needing continous puolic awareness and acceptance ,lnd education efforts t7o insure public participation in the system which will require staff V.) coordinate the public educt -rr. program; 2) To accomplish this r().:!.cam, the resolution creates a new position and classification of Community Relations Coordinator L,aartment of Public Works Solid Waste linit with an annual salary at the one ye&r ,tep of $31J,91 ,- triages of $12,984 for a total annual cost of $43,899; 3) The reclutiTil dele 1 ,.scant Civil Engineer III position in this Department of Public Works Solid ',Nte Unit wit i d,cal salary at the one year step of 536,501 and fringes of $15,330 for a total anftal sings 4) Tie net FJanT, sa0als. of 7.hrf resolution is $5,586 in salary and $2,346 in fringes for a total of $7,932; 5) The savin9s for the bal ance of 1989 are $1,919 in salary and BOW:, in trthges for a total of $2,724 and the budget is arpr.r.ed transferring this savings to contingency as follows: ACCOUNT frf]C(MNI' NAME BUDGET AMENDMENT 4-10100-1417-00-1001 --TTT-,79Th 4-10100-141-15-00-207E Elenefits (805) 4-10100-909-01-00-9900 7 T Total FINANCE COMMITTEE G. William Caddell, Chairperson Moved 13y Hobart supported by Moffitt the resolution be adopted. AYES: Johnson, Law, McConnell, Moffitt, Oaks, Olsen, Pappageurge, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, Chester, Crake, Gosling, Jensen. (18) NAYS: McPherson, Pernick, rerrens. (3) A sufficient majority having voted therefor, the resolution was adopted. Misc. 89264 By Public Services Committee IN RE: Sheriff's De.:,artmt - DISPOSITION OF NARCOTICS CANINE (K-9) PROGRAM DOGS To the Oakland County Doard of Commissioners Mr. Chairperson, Ladies a:no irentlemen: WHEREAS the OaRla7d County Sheriff has disbanded the Narcotics Canine (K-9) Program; and WHEREAS this Prog, am has one (1) dog which now requires placement; and WHEREAS the County must receive fair market value for this animal; and WHEREAS due to the unique training received and loyalty established with its individual handler, this dog can neither be retrained to respond to new handlers, therefore being unsuitable for placement with another law enforcement unit, nor can this animal be put up for placement by the Animal Control Division as a pet; and WHEREAS these unique cicumstances result in this animal having no fair market value for which it can be sold; and WHEREAS the Sheriff recommends selling this dog to its handier for a nominal sum should the handler wish to purchase this dog; and WHEREAS this matter has been reviewed by the Department of Corporation Counsel and the 346 Commissioners Minutes Continued. October 12, 1989 Manager of the Animal Control Division which concur with the Sheriff's recommendations. NOW THEREFORf BE IT RESOLVED that the Gak County Beard of Commissioners approves selling the dog from the Narcotics Canine (K-9) Peogr ,-n f the Sheriff's Department to its handler for their fair market value which has beer establibe!H to be nominal, upon the eAecution by the handler of the appropriate documents drafted by the U ,-piwtment of Corporation Counsel, Mr. -,,eiri.orson, on behalf of the Public Se , ',ices Committee, I move the adoption of the foregoing resclution. Moved by Moffitt supported by Ferrens the resolution be adopted. AYES: Law, McConnell, McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandrc, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson. (21) NAYS: None_ (0) A sufficient majority having voted therefor, the resolution was adopted. Misc., 89265 By Public Services Committee IN RE: Sheriff's Departmcnt - CONTRACT FOR HOUSING PRISONERS AT OAKLAND COUNTY JAIL FACILITIES To the Oakland County Braid of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Wayne County and Oakland County have, through their agents, negotiated and prepared the attached AGREEMENT which provides for Housing- Wayne County Prisoners at Oakland County Jail Facilities; and WHEREAS the Board of Commissioners of Wayne County and Oakland County have reviewed the attached AGREEMENT: and WHEREAS the Boards of Commissioners of Wayne County and Oakland County acknowledges that it is in the mutual best interest of both Counties, under the present circumstances, to enter into this Agreement, NOW THEREFORE BE IT RESOLVED that the attached Anreement Housing Wayne County Prisoners at Oakland County Jail Facilities be approved and that the designated County elected official(s) be authorized to execute this Agreement on behalf of the County of Oakand. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Moved by Moffitt supported by Pappageorge the resolution be adopted. Discussion followed. AYES: McConnell, Moffitt, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, Law. (19) NAYS: McPherson, Oaks. (2) A sufficient majority having voted therefor, the resolution was adopted. Fiscal Report (Misc. 89252) By Finance Committee IN RE: Animal Control - Revised Dog Pick-Up Fee To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of the Board, the Finance Committee has reviewed. Miscellaneous Resolution #89252 and finds: 1) Animal Control Division requested the following rate increase for Dog Pick-Up Fees: Current Proposed Increase %. Increase First Offense 25.00 33.00 8.0(1 32 Second Offense 35.00 48.00 10.00 295 Third Offense 50.00 55.00 5.00. 105 2) The rate increase is requested due to a substantial increase in pick-up and transportation costs for impounding dogs. 3) The rate increase is to be effective December 1, 1989 and has little effect on 1989 revenues, therefore no budget amendment is necessary. 4) The new rates have been incorporated in the 1990/91 biennial budget. FINANCE COMMITTEE C. William Caddell, Chairperson PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Commissioners Minutes Continued. October 12, 1989 347 Misc. 89252 By Public Services Committee IN RE: Animal Control - REVISED COG PICK-UP FEE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #85322, dated November 7, 1985, established. the dog pick-up fee at a graduated rate of $25.00 first offense, $35.00 second offense, and :-)0.00 third offense in a twelve month period effective December 1, 1985; and WHEREAS the pick-up fee has not been revised in four (4) years; and WHEREAS the pick-up and transporting costs for impounded dogs by the Oakland County Animal Control Division has increased substantially in the past few years. NOW THEREFGRE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby establish the Cialand County Animal Control Division dog pick upfees to be at a graduated rate of $33.00 first offense, 145.00 second offense; and $55.00 third offense in a twelve-month period effective December 1, .1989, BE IT FURTHER RESOLVED that the revised rate schedule be posted conspicuously at all locations selling dog. licenses. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Richard D. Kuhn, Jr., Chairperson Moved by Moffitt supported by Pappageorge the resolution be adopted. AYES: McPherson, Moffitt, Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, Law, McConnell. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Mayor' RObert Grusnick of Auburn Hills addressd the Board and stated that at his next City Council Meeting he would request Auburn Hills withdraw the site from consideration for the Solid Waste to Energy Facility. Moved by Oaks supported by Wolf the Board reconsider the previous action taken on Resolution #89252, (Solid Waste-Agreement Between Oakland County and the City of Auburn Hills for the Siting of a WASTE-TO-ENERGY FACILITY AND A MATERIALS RECOVERY FACILITY). Mr. Rewold requested a 5 minute recess be called. The Vice Chairperson called for the recess. Mr. Rewold reconvened the meeting at 12:10 P.M. Vote on reconsideration of resolution #89262: AYES: Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Hobart, Jensen, Johnson, McConnell, McPherson. (20) NAYS: Gosling, Law. (2) A sufficient majority having voted therefor, the motion to reconsider resolution #89262 carried. Vote on resolution: AYES: Oaks, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Hobart, Jensen, Johnson, McConnell, Moffitt. (18) NAYS: Olsen, Gosling, Law, McPherson. (4) A sufficient majority having voted therefor, the resolution was adopted. Misc. 89266 By Commissioner Ruth Johnson IN RE: Solid Waste - LOCAL UNIT REIMBURSEMENT FOR LANDFILL TESTING To the Oakland County Roam of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS on Auhust 17, 1989 the top-ranked sites for landfill siting were released by Rogers, Golden and Halpern; and WHEREAS after release of said selected candidate sites certain mathematical errors were discovered in the findings of the consultants; and WHEREAS such changes have caused undue delays in the process; and 348 Commissioners Minutes Continued, October 12, 1989 WHEREAS those delays have caused serious negative resOts on personal lives, emotions, real estate values and proposed and potortjal development; and WHEREAS to expedite the process some potential host communities have initiated tests which the county has deemed necessary; and WHEREAS said tests and procedures have been initiated solely in response to being named as a potential Oakland County landfill site and WHEREAS such large unanticipated expenditures are creating an enormous burden on the citizens of these communities. NOW THEREFORE 8L iT RESOLVED that the Oak l and County Board of Commissioners does hereby authori/.e the Oakland County Department of Public Works to reimburse the townships, at an amount not greater than the county would have to expend, for all tests and test result information of which the county and/or its consultants have requested or make use at in the ascertainment of site specific information on the candidate landfill sites. Mr. Chairperson, I propose the adoption of the foregoing resolution. Ruth A. Johnson, Commissioner, Dist. #1 The Chairperson referred the resolution to the Planning and Building Committee and the Finance Committee. There were no objections. Misc. 89267 By Commissioner Richard O. Kuhn, Jr, IN RE: Public Salety Division RE-EVALUATION OF POSITIONS To the Oakland County Board of Commissioners Mr. Chairperson, fac“es and Gentlemen: WHEREAS effective October 1, 1989, the deputization granted to members of the Oakland County Public. Safety Division was revoked by the Oakland County Sheriff; and WHEREAS this action leaves the Public Safety Division w i th no police powers; and WHEREAS certain duties that were performed by the Public. Safety Division require police authority; and WHEREAS the Oakland County Board of Commissioners acknowledges that it is in the best interest of Oakland County Government to take corrective action on this matter. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby direct the Personnel Department to re-evaluate the formerly deputized Safety Officer positions and, where appropriate, merge and/or consolidate the positions into the Sheriff's Department. Mr. Chairperson, I move the adoption of the foregoing resolution. Richard D. Kuhn, Jr., Commissioner Dist. #3 The Chairperson referred the resolution to the Public Services Committee. There were no objections. Misc. 89268 By Commissioner Thomas A. Law IN RE - CREATION OF POSITION OF SOLID WASTE MANAGEMENT DIRECTOR AND PROCEDURE FOR CANDIDATE SELECTION To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen WHEREAS on October 13, 1988, the Oakland County Board of Commissioners held a public hearing on the creation of a position of Solid Waste Management Director and for over one year has been considering the establishment of such a position, end on October 13, 1988, did in Miscellaneous Resolution 88270 express "that there is a need for a full-time County employee who has had previous experience 1.r the development, construction and start-up operations of a resource recovery facility"; and WHEREAS, during the intervening period, since Miscellaneous Resolution 88270 was offered, millions of County taxpayer dollars have been directed to a myriad of out-of-state consultants for various phases and aspects of the proposed solid waste program; and WHEREAS the absence of an experienced, full-time accountable director has allowed a fragmented approach to the most massive undertaking of Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland. County Board of Commissioners does hereby establish a new position and classification of Director of Solid Waste Management that would be exempt from Merit System coverage and would report to the Chairperson of the Board of Commissioners and the County Executive. BE IT FURTHER RESOLVED that a Search and Selection Committee comprised of two (2) members of the Personnel Committee, one (1) member of the Planning and Building Committee, the Director of Personnel, and the County Executive or his designee be established to advertise, interview and recommend a candidate for this position. BE IT FURTHER RESOLVED that in the absence of competitive salary information for such a position, the Search and Selection Committee is authorized to recommend a salary range commensurate with the recommended candidate's experience and credentials. LYNN D. ALLEN Clerk ROY REWOLD Chairperson Commissioners Minutes Continued. October 12, 1989 349 BE IT FURTHER RESOLVED that candidates for this position must have previous experience in the development, construction and start-up operations of a resource recovery facility. Mr. Chairperson, I move adoption of the foregoing resolution. Thomas A. Law, Commissioner Dist, 26 The Chairperson referred the resolution to the Personnel Committee and the Planning and Building Committee. There were no objections. In accordance with Rule XXII the following referrals were made by the Chairperson: Management & Budget a. Equalization - Ind. Fac. Ex Over 5% SEV, Sickinger Company. Auburn Hills b. Equalization-Ind. Fac, Ex, Over 5% SEV, Master Manufacturing, Inc„ Oxford The Chairperson stated the next meeting of the Board will be October 26, 1989 at 9:30 A.M. The Board adjourned at 12:12 P.M.