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HomeMy WebLinkAboutMinutes - 1978.07.20 - 7421321 OAKLAND CO! 1 : "TY liocrd Of Corr Assioners MEETING July 20, 1978 Meeting called to order by Chairperson Wallace F. Gabler, Jr., at 9:55 A.M. in the Court House Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Invocation given by Robert A. McConnell. Pledge of Allegiance to the Flag. Roll called. PRESENT: Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson, Perinoff, Pernick, Peterson, Simson, Wilcox. (25) ABSENT: Price, Roth. (2) Quorum present. Moved by Patterson supported by Simson the minutes of the previous meeting be approved as printed. AYES: Hoot, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. Moved by Wilcox supported by Moffitt the agenda be amended to include under Planning and Building Committee - Miscellaneous Resolution #8550 - RECOMMENDATION TO OAKLAND COUNTY PARKS AND RECREATION COMMISSION - PURCHASE OF GLEN OAKS GOLF COURSE and to include under Public Services Committee - Resolution - SHERIFF'S DEPARTMENT RESEARCH INTERN PROGRAM GRANT ACCEPTANCE. A sufficient majority having voted therefor, the motion carried. Clerk read letter from Aurelia M. Palmer, Waterford, Michigan regarding the need for a Dial-A-Ride for senior citizens in Independence Township. (Referred to the Planning and Building Committee) Clerk read resolution adopted by the Ingham County Board of Commissioners supporting Extension of Equal Rights Amendment. (Referred to the General Government Committee) Clerk read letter from Chairperson Wallace F. Gabler, Jr., appointing William T. Patterson - to the 1978 Oakland County Manpower Planning Council. Moved by Peterson supported by Perinoff the appointment be confirmed. A sufficient majority having voted therefor, the motion carried. Clerk read report from Drain Commissioner George W. Kuhn regarding "Analysis of Settlement Agreement - City of Detroit vs E.P.A. and Oakland County. Mr. Pernick requested that the Analysis Report be included in the Minutes. "July 20, 1978 TO: Commissioner Wallace F. Gabler, Jr., Chairman, and Members of the Oakland County Board of Commissioners RE: Analysis of Settlement Agreement City of Detroit vs E.P.A. and Oakland County The attached is a brief summary and analysis of the key elements of our Federal Court settlement agreed to late yesterday. A copy of the formal agreement has been submitted and filed with the Clerk of the County for the record. Also, placed on file was the Order to Show Cause for the other 78 communities. 322 Commissioners Minutes Continued. July 20, 1978 Again, many thanks For your most kind cooperation in making this legal challenge a successful one. Most sincerely, George W. Kuhn /s/ George W. Kuhn, Drain Commissioner GWK:sjl attachment PRESS RELEASE July 20, 1978 KUHN CLAIMS MAJOR VICTORY FOR SUBURBAN CUSTOMERS IN SETTLEMENT OF DETROIT SEWER RATE HIKE CASE Concluding a15-month Federal Court fight with the City of Detroit, Oakland County Drain Commissioner George W. Kuhn succeeded in rolling back a 1978-79 sewer rate hike and saving suburban, as well as Detroit customers, over $9 million dollars. The settlement was announced late yesterday afternoon in the courtroom of U.S. District Judge John Feikens in Detroit. Claiming almost a total victory for suburbia", Kuhn said the court settlement will result in: 1. A refund of overcharges collected by Detroit in 1977 and 1978 from its sewage treatment customers in Oakland, Macomb and western Wayne counties. 2. A rate reduction from 8 to 63 cents per 1,000 cubic feet of the rate planned to take effect July 1, 1978. 3. The establishment of specific rate-making principles which Detroit must follow in the future include: A. Operation on a cash basis budgeting rather than utility method of rate making, eliminating the concept of "profit" or "ownership return". B. Elimination of differential rate of return for outside customers. C. Elimination of the depreciation of grant funded plant. D. Utilization of maximum financing through bonding concept. The sole area in which the settlement would require the counties to give up something is the "contribution in lieu of taxes" payment for indirect services such as police, fire and tort liability. This will cost Oakland County approximately $300,000 annually. Kuhn's challenge to the 1977 rate hike was on behalf of Oakland County's three master contracts. This includes some 39 cities, townships and villages that he represents as customers of Detroit. Of the $9.2 million in savings brought on by Oakland County's suit, over half will be refunded to the suburbs for the overcharge by Detroit. This will amount to some $4.5 million to be returned to suburban customers in the tri-county area. ' Another $2.3 million will be saved over the next 18 months by eliminating a differential rate of return and replacing it with a flat amount for indirect services provided to the suburbs by the City of Detroit. An additional savings of about $400 million will be realized through a reduction in the sewer rate increase proposed by Detroit for 1978-79. Detroit raised its sewer rates on September 1, 1977 to procure additional funds it will need to upgrade its sewage treatment facilities as ordered by the U.S. Environmental Protection Agency. Cost of the updated Facilities are expected to exceed $500 million, with 807 of the funds to be provided by the federal and state grants. Early in May, 1977 in a meeting with county officials, Kuhn made a decision to file suit as a co-plaintiff with EPA in an effort to cleanup the pollution of the Great Lakes, as well as to reduce the impact of the 1007 rate hike. "We went to court to obtain relief from the new rate charges that we felt were discrimina- tory as to Oakland County citizens and to the suburbs," Kuhn said. The Masters appointed by the Federal Court upheld our position that the rate structure was excessive and unfairly levied. Kuhn summarized his feelings about the Federal Court victory as follows: 'Initially Detroit proposed a rate hike increase in the area of 200% to 3007. With the Consent Judgment ordered last September, 1977, we agreed to 1007 rate hike subject to our challenge as to its 'fairness and reasonableness'. Our position on many rate-making principles has been upheld by the Court and the new settlement spells out in precise language that from now on all rates are to be made on the basis of uniformly applicable principles. "There will be no more discrimination against suburban customers." Kuhn concluded by commending the legal counseling of Willlam P. Hampton (Davidson, Gotshall, Kohl, Secrest, Wardle, Lynch and Clark) who handled the case for Oakland County, as well as the other suburban attorneys, along with Mr. Robert H. Fredericks and Drain office staff." The Chairperson Wallace F. Gabler, Jr., stated that Raymond Lee Daoust of Madison Heights and Priscilla Klaos from the West Oakland County League of Women Voters had requested to speak to the Board. Mr. Daoust addressed the Board regarding Probationery Employees. The Chairperson referred his letter to the Personnel Committee) Commissioners Minutes Continued. July 20, 1978 323 Ms. Klaos addressed the Board opposing the Kensington Metro Park Development. FINANCE COMMiTTEE REPORT By Mr. Kasper IN RE: MISCELLANEOUS RESOLUTION #8545 - SOLID WASTE DISPOSAL SYSTEM CONSULTANT TO the Oakland County Board of Commissioners , Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #8545 and finds $4,949 necessary to fund said expenses. The Finance Committee finds $4,549 available to fund said program in the appropriation previously committed to the Solid Waste Program, FINANCE COMMITTEE Paul E. Kasper, Chairperson 'Misc. 8545 By Mr. Wilcox IN RE: SOLID WASTE DISPOSAL SYSTEM CONSULTANT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the special three person Evaluation Committee formed by Miscellaneous Resolution No. for the purpose of selecting a Consulting Engineer and Financial Consultant lo perform a Phase I financial feasibility study for implementation of the Solid Waste Disposal System, Master Plan, may need to visit former clients and/or sites in order to make a proper evaluation of their capabilities; and WHEREAS two County employees will provide staff support to the Evaluation Committee and as such will be more useful to the committee if they are present at any out-of-town investigations; and WHEREAS certain other expenses will be incurred for printing the Solid Waste Advisory Group report, advertising for proposals, mailing, etc.; and WHEREAS an estimate for the possible travel expenses, printing and sundry expenses can be itemized as follows: 1. Travel Expenses, up to three round trips for three member Evaluation Committee and two staff persons - Transportation - $175/person X 5 persons X 3 trips = $ 2,625 Lodging - $40/person X 5 persons X 3 nights = 600 Meals (incl. tips) $20/person/day X 5 persons X 3 days - 300 Taxi, Buses, etc. $10/person/trip X 5 persons X 3 trips = 150 Estimated Travel Expenses for up to 3 trips for 5 persons = $ 3,675 2. Printing of Solid Waste Advisory Group Report, 200 copies 274 3. Advertising in National trade magazine for proposals from Consulting Engineers and Financial Consultants, xeroxing, postage = 1,000 Total of 1, 2 and 3 $ 4,949 NOW THEREFORE BE IT RESOLVED that such necessary travel and related expenses and other sundry expenses outlined above estimated to be $4,949 are hereby approved with funding to be from the Professional Services line item in the Solid Waste budget. The Planning and Building Committee, by Richard R. Wilcox, Chairperson, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Richard R. Wilcox, Chairperson" Moved by Wilcox supported by Perinoff the report be accepted and Resolution #8545 be adopted. AYES: Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Moxley, Murphy, Olson, Page, Patterson, Perinoff, Pernick, Peterson, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot. (24) NAYS: None. (0) A sufficient majority having voted therefor, the report was accepted and Resolution #8545 was adopted. 324 Commissioners Minutes Continued. July 20, 1978 REPORT By Mr. Wilcox IN RE: MISCELLANEOUS RESOLUTION #8550 - RECOMMENDATION TO OAKLAND COUNTY PARKS AND RECREATION COMMISSION - PURCHASE OF GLEN OAKS GOLF COURSE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: The Planning and Building Committee having reviewed Miscellaneous Resolution #8550 recommends that the resolution be adopted. Mr. Chairperson, I move the acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE Richard R. Wilcox, Chairperson "Misc. 8550 By Mr. McDonald IN RE: RECOMMENDATION TO OAKLAND COUNTY PARKS AND RECREATION COMMISSION - PURCHASE OF GLEN OAKS GOLF COURSE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission is presently engaged in negotiations with the Moslem Shrine to purchase the Glen Oaks Golf Course composed of 137 acres and located at 11 Mile and Middlebelt Roads in Farmington Hills; and WHEREAS the Glen Oaks Golf Course is the last parcel of recreational land in the area; an WHEREAS the acquisition of the Glen Oaks Golf Course and adjoining vacant property fronting on Northwestern Highway would enhance and provide recreational facilities to the citizens of that part of Oakland County since presently, there are seven (7) Parks and Recreation facilities all located north of M-59. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners urges the Oakland County Parks and Recreation Commission to employ every means available to complete their negotiations with the Moslem Shrine and culminate the purchase of the Glen Oaks Golf Course at the earliest possible time. Mr. Chairperson, we move the adoption of the foregoing resolution. John J. McDonald, Commissioner - District #27 Lillian V. Moffitt, Robert A. McConnell Dennis L. Murphy" Moved by Wilcox supported by Patterson the report be accepted. A sufficient majority having voted therefor, the motion carried. Moved by Wilcox supported by Moffitt and McConnell that Resolution #8550 be adopted. Moved by McConnell supported by Moffitt the resolution be amended in the last WHEREAS paragraph by deleting the word 'all'. The paragraph would read as follows: "WHEREAS, the acquisition of the Glen Oaks Golf Course and adjoining vacant property fronting on Northwestern Highway would enhance and provide recreational facilities to the citizens of that part of Oakland County since presently, there are five (5) of the seven (7) County Parks and Recreation facilities located north of M-59". A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Kelly, Lanni, McConnell, McDonald, Moffitt, Murphy, Olson, Page, Patterson, Perinoff, Pernick, Peterson, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Kasper. (22' NAYS: Moxley, Hoot. (2) A sufficient majority having voted therefor, Resolution #8550 as amended, was adopted. The Chairperson stated at this time a Public Hearing is now called on Miscellaneous Resolution #8524 - COUNTY EXECUTIVE REORGANIZATION PROPOSAL. Legal notice of this Hearing was published in the Oakland Press on July 12, 1978 and the Observer and Eccentric on July 13, 1978. The Chairperson stated the following persons had requested to speak to the Board: Bernard Heanen - Pontiac Police Force Richard Miller - Employee of Data Processing John King - Bloomfield Hills The Chairperson declared the Public Hearing closed. Commissioners Minutes Continued. July 20, 1978 325 Misc. 8555 By Mr. Hoot IN RE: C.E.T.A, TITLE 1 ON-THE-JOB TRAINING CONTRACTS (PHASES 170, 180 and 190) To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 6546 applied for and was granted the designation by the U.S, Department of Labor of Prime Sponsor to administer the provisions of Title 1 of the Comprehensive Employment and Training Act of 1973; and WHEREAS Oakland County's C.E.T.A, Title I Grant Application has been filed and approved by the U.S. Department of Labor; and WHEREAS On-the-Job Training represents a major component in Oakland County's approved Man- power Program; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the award of Phases 17B, 18B and 190 of C.E.T.A. Title 1 On-the-Job Training contracts in the total amount $147,814 consistent with the attached budget. BE IT FURTHER RESOLVED that the Chairperson of the Board is hereby authorized to execute the contracts. The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Henry W. Hoot, Chairperson Copy of Budget on file in the County Clerk's Office. Moved by Hoot supported by Fortino the resolution be adopted. AYES: McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson, Perinoff, Pernick, Peterson, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly. (24) NAYS: None. (0) ABSTAIN: Lanni. (I) A sufficient majority having voted therefor, the resolution was adopted. Misc. 8556 By Mr. Hoot IN RE: C.E.T.A, TITLE III ON-THE-JOB TRAINING CONTRACTS (YEDP) PHASE 5Y, 6Y, 7Y To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No. 6546 applied for and was granted the designation by the U.S. Department of Labor of Prime Sponsor to administer the provisions of Title III of the Comprehensive Employment and Training Act of 1973; and WHEREAS Oakland County's C.E.T.A. Title III Grant Application has been filed and approved by the U.S. Department of Labor; and WHEREAS On-the-Job Training represents a major component in Oakland County's approved Man- power Program; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the award of Phases 5Y, 6Y and 7Y of C.E.T.A. Title 111 On-the-Job Training contracts in the total amount of $109,999 consistent with the attached budget. BE IT FURTHER RESOLVED that the Chairperson of the Board is hereby authorized to execute the contracts. The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Henry W. Hoot, Chairperson Copy of Budget on file in the County Clerk's Office, Moved by Hoot supported by Simson the resolution be adopted. AYES: McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson, Perinoff, Pernick, Peterson, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. 326 Commissioners Minutes Continued. July 20. 1978 Misc. 8557 By Mr. Hoot IN RE:. CLERICAL CLASSROOM TRAINING FOR PONTIAC BUSINESS INSTITUTE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution '/65r6 applied for and was granted the designation as Prime Sponsor by the U.S. Department of Labor to administer the provisions of the Comprehensive Employment and Training Act of 1973: and WHEREAS Resolution 11 8549 of July 6, 1978, authorized the discontinuance of funding for Pontiac Opportunities Industrialization Center clerical classroom training contract as of June 30, 1978, and Pontiac Business Institute was designated as a new alternate training institution with the responsibility for placing current enrollees in unsubsidized employment. NOW THEREFORE BE IT RESOLVED that the attached clerical classroom training budget be approved for an amount not to exceed $52,406.77 and the time period from July 1, 1978 to December 30, 1978, subject to a modification indicating a decrease based upon. Imonthly placement or voluntary transfer of each enrollee. NOW THEREFORE BE IT FURTHER RESOLVED thatthis class will continue without change for the designated contract period and without dependence upon the possibility of future clerical training for alternate training sites. The Public Services Committee, by Henry- W. Hoot, Chairperson, moves the adoption of the foregoing resolution. .PUBLIC SERVICES COMMITTEE Henry W. Hoot, Chairperson Copy of Budget on file in the County Clerk's Office. Moved by Hoot supported by Pernick the resolution be adopted. AYES: McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Page. Patterson, Perinoff, Pernick, Peterson, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasner, Kelly, Lanni, McConnell. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 8558 By Mr. Hoot IN RE: SHERIFF'S DEPARTMENT RESEARCH INTERN PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution 1/8392 approved the filing of the Sheriff's Department Research Intern Program Grant Application; and WHEREAS said application was filed and approved by the National Institute of Corrections in the amount of $2,418 for a grant period from July 1, 1978 through December 31, 1978; and WHEREAS the grant award varies more than 10% from the original grant application request; and WHEREAS the Research Intern Program Grant does not require any County funding nor does it commit the County to any future funding for continuation of the program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the acceptance of the Sheriff's Department Research Intern Program Grant in the amount of $2,418, con- sistent with the Attached budget narrative, AND BE IT FURTHER RESOLVED that written quarterly progress reports for this program shall be presented to the Public Services Committee. The Public Services Committee, by Henry W. Hoot, Chairperson, moves the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Henry W. Hoot, Chairperson Copy of Budget on file in the County Clerk's Office. Moved by Hoot supported by Patterson the resolution be adopted. AYES: Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson, Perinoff, Pernick, Petnrson, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper, Kel -/, Lanni, McConnell, McDonald. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. July 20, 1978 327 Misc. 8559 By Mr. Page IN RE: PROPOSED RESOLUTION TO AMEND MICHIGAN LIQUOR CONTROL ACT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS Section 17 of the Michigan Liquor Control Act sets forth that all applications for licenses to sell beer and wine or spirits for consumption on the premises shall be approved by the local legislative body in which said applicant's place of business is located before being granted a license by the commission, before the annual renewal of said license, and for the purpose of revocation of said license by the commission, except in counties of 1,000,000 population or over; and WHEREAS currently the population of the County of Oakland is in excess of 950,000, however, it is estimated that the population of the County of Oakland will exceed 1,000,000 by the 1980 census; and WHEREAS it is in the best interest of the local community to retain effective control over the issuance, annual renewal, and revocation of the Class C licenses within its jurisdiction, and in order for the local community to retain effective control, the Michigan State Legislature would have to introduce legislation amending the Michigan Liquor Control Act, NOW THEREFORE BE IT RESOLVED that a member of the Michigan State Legislature introduce appropriate legislation which would amend Section 17 of the Michigan Liquor Control Act to remove the limitation of approval, annual renewal, and revocation of Class C licenses by local legislative bodies in counties of 1,000,000 population or over; and BE IT FURTHER RESOLVED that copies of this resolution be sent to the Governor, the County's legislative representatives in Lansing and to the County's Legislative Agent. Mr. Chairperson, I move the adoption of the foregoing resolution. Robert W. Page, Commissioner - District #13 Moved by Page supported by Patterson and Perinoff the resolution be adopted. The Chairperson referred the resolution to the General Government Committee. There were no objections. Misc. 8560 By Mr. Gorsline IN RE: APPROVAL OF APPOINTMENT OF MAGISTRATE FOR 52ND DISTRICT COURT To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen WHEREAS Act 154 of the Public Acts of 1968, as amended, provides that magistrates may be appointed by judges of the District Court, subject to the approval of the County Board of Commissioners; and WHEREAS the Chief Judge for the 52nd District has appointed Anthony Meisner; and WHEREAS the compensation for such magistrate shall be $5,200.00 annually. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and confirms the appointment of Anthony Meisner as Magistrate for the 52nd District Court, to be compensated at the rate of $5,200.00 annually. Mr. Chairperson, I move the adoption of the foregoing resolution. Robert H. Gorsline, Commissioner-District #2 Moved by Gorsline supported by Perinoff the resolution be adopted. The Chairperson referred the resolution to the General Government Committee. There were no objections. Moved by Moffitt supported by Daly the Board adjourn until August 3, 1978 at 9:30 A.M. A sufficient majority having voted therefor, the motion carried. The Board adjourned at 11:00 A.M. Lynn D. Allen WALLACE F. GABLER ; JR. Clerk Chairperson