HomeMy WebLinkAboutMinutes - 1972.05.04 - 7561142 OAKLAND COUNTY Board Of Commissioners MEETING May 4, 1972 Meeting called to order by Chairman Lawrence R. Pernick at 10:25 A. M. in the Court House Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Roil called. PRESENT: Aaron, Barakat, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper, Kronenberg, Lennon, Mainland, Mathews, Olson, Paholak, Pernick, Powell, Richardson, Szabo, Wilcox. (24) ABSENT: Patnales, Perinoff, Simeon. (3) Quorum present. Invocation given by Lew L. Coy, Moved by Harrison supported by Coy the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the motion carried. Clerk read card of thanks from the family of Willis M. Brewer. (Placed on file.) Clerk read letter from State Representative Clifford H. Smart regarding receipt of resolutions of this Board. (Placed on file.) Mr. Mainland thanked the Board for their cards and flowers during his illness. Mr. Mainland introduced R. Eric Reickel, Director of Parks and Recreation. Misc. 6006 By Mr. Mathews IN RE! MEMORIAL - WILLIS M. BREWER To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Willis M. Brewer, a former member of the Oakland County Board of Supervisors, passed away on April 21, 1972, at the age of 79 years, having resided at 1655 Lakeview Drive, Sylvan Lake. He served on the Oakland County Board of Supervisors representing the City of Pontiac and later the City of Sylvan Lake. Willis M. Brewer began his long public career in Oakland County as an associate member of the Board of Auditors in 1919. He served as full time Chairman of the Auditors from 1921 to 1930 and during this time the T. B. Hospital and Juvenile Home were constructed. His public service also included tenures on the County Road Commission as personnel director and lobbyist, Pontiac School Board as member and president, Pontiac General Hospital Board of Trustees and held elected office as City Commissioner and Mayor of Sylvan Lake. He was appointed by Governor G. Mennen Williams as Chairman of the State Board of Institutions and served as manager of the Pontiac office of the Secretary of State for many years and was the former Chairman of the Oakland. County Democratic Committee. Willis M. Brewer was dedicated to his community and gave most of his life in time and resources in the interests of the County of Oakland in order that all of the citizens could find a better life, education and vocation for themselves. He enjoyed a multitude of friends and supporters in both major political parties and was on a personal basis with Michigan's Congressional representatives in seeking federal aid for county projects. Surviving are his daughter, Mrs, Donald (Mary Lou) Johnson, two sisters, Mrs. Donna Porter and Mrs. Mary Cramer; two brothers James and Charles, and four grandchildren, Tina, Doree, Don and Jim. His wife, Ruby, had passed away in December of 1971. Mr. Chairmen, I move that the foregoing memorial resolution be spread upon the minutes of this meeting of the Oakland County Board of Commissioners and that a certified copy affixed with the Seal of the County of Oakland be forwarded to his surviving daughter Mary Lou. SPECIAL MEMORIAL COMMITTEE Lawrence R, Pernick, Chairman Alexander C. Perinoff, Vice Chairman James Mathews, County Commissioner District #I9 The resolution was unanimously adopted. Mr. Mathews requested that Mary Lou Johnson be allowed to address the Board. There were no objections. Mrs. Johnson spoke to the Board. 1L53 Commissioners Minutes Continued, May 4, 1972 Misc. 6007 By Mr. Lennon IN RE: RESOLUTION ESTABLISHING A WATER SUPPLY SYSTEM TO SERVE AREAS IN THE CITY OF TROY To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The following resolution was offered by Mr. Lennon and seconded by Mr. Szabo: BE IT RESOLVED that the Board of Commissioners of Oakland County, Michigan, does hereby approve the establishment pursuant to Act No. 185 of the Michigan Public Acts of 1957, as amended, of a water . supply system for the supply, transportation and distribution of water to areas in the City of Troy shown on Exhibit "A" hereto, said system to consist of water supply facilities in the city to be planned, constructed and financed in one or more stages in accordance with a master plan and program of financing to be developed by the said city and the county; RESOLVED FURTHER that the Board of Public Works of Oakland County is hereby authorized and directed to develop a master plan and a program of financing and to secure plans and specifications and estimates of cost for the first stage of construction of facilities for said water supply system; to negotiate a contract with the City of Troy in respect to the said water supply facilities and the financing hereof, and in respect to the operation thereof; to submit such plans, specifications, estimates and contract to this Board for its approval; and to carry out the terms and provisions of said Act No. 185 applicable thereto; RESOLVED FURTHER that said water supply system shall be known as the "Troy Water Supply System" and that the area to be served thereby shall be known as the "Troy Water Supply District", and shall consist of all of the territory in the City of Troy shown on Exhibit "A". PUBLIC WORKS COMMITTEE Bernard F. Lennon, Chairman It was moved by Mr. Lennon, seconded by Mr,, Szabo that the foregoing resolution be adopted. Upon roll call, the vote was as follows: YEAS: Pernick, Powell, Richardson, Szabo, Aaron, Barakat, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Hamlin, Harrison, Horton, Houghten, Kronenberg, Lennon, Mainland, Mathews, Olson, Paholak. (22) NAYS: None. (0) Misc. 60°8 By Mr, Lennon Recommended by the Board of Public Works IN RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM - PAINT CREEK INTERCEPTOR - EXCHANGE OF EASEMENTS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS an easement was granted to the County of Oakland by the Franklin-Wright Settlements, Incorporated, which easement was recorded in Liber 5528, pages 243 and 244, Oakland County Records, and WHEREAS during construction it was necessary to relocate the sanitary sewer due to unstable ground conditions, which required a new easement, and WHEREAS the existing easement can be returned to Franklin-Wright Settlements, Inc., in exchange for a new easement along the route of the relocated sanitary sewer line, NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners that the Chairman and Clerk of this Board be and are hereby authorized and directed to execute a Quit Claim Deed on behalf of the County of Oakland to accomplish said exchange. PUBLIC WORKS COMMITTEE Bernard P. Lennon, Chairman Moved by Lennon supported by Daly the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 6009 By Mr. Lennon IN RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM - AVON TOWNSHIP EXTENSIONS-REROUTING OF SANITARY SEWER AND EXCHANGE OF EASEMENTS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS an easement was granted to the County of Oakland by the Board of Trustees of Oakland University, which easement was recorded in Liber 5531, pages 526 and 527, Oakland County Records, and WHEREAS during construction unstable ground conditions necessitated a relocation of the sanitary sewer line which required a new easement, and WHEREAS the existing easement can be returned to the University in exchange for a new easement along the route of the relocated sanitary sewer line, NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners that the Chairman and Clerk of this Board be and are hereby authorized and directed to execute a Quit Claim Deed on behalf of the County of Oakland to accomplish said exchange. PUBLIC WORKS COMMITTEE Bernard F. Lennon, Chairman Moved by Lennon supported by Houghten the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued, May A, 1972 144 Misc. 6010 By Mr. Harrison IN RE ESTABLISH POLICY FOR GROUNDS OPERATIONS, SHADE TREE AND WOODLOT MANAGEMENT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Planning and Building Committee, at a meeting on Apr)/ 3, 1972, established a program for Grounds Operations, Shade Tree and Woodlot Management on County-owned properties, and WHEREAS the Committee believes this program should be adopted as the policy of the Board of Commissioners to insure the protection of the shade trees and woodlots remaining on the Service Center and other County-owned properties; NOW THEREFORE BE IT RESOLVED that the following policy be established as the official program for tree and woodlot management and to perpetuate shade trees and woodlots on County-owned acreage: "The Department of Facilities and Operations, through its Grounds Unit's maintenance service, will conduct a program of shade tree and woodlot management in accordance with recommendations made by professional foresters and accepted agricultural practices for the purpose of perpetuating desired and valuable trees and succession plants on County-owned acreage, "Professional foresters, from Michigan State University Extension Services, will be requested in writing to visit designated sites for the purpose of marking trees for removal; for proper maintenance of insect and disease control and to recommend woodlot plantings to provide succession plants, winter interest and general ecological improvement. "Circumstances not warranting the services of a forester will exist when matters of safety of personnel, buildings or when shade trees and woodlots may require immediate grounds maintenance action. As a result of tree removal, storm damage or woodlots requiring grounds maintenance action, wood not used as mulch or planking by the Department of Facilities and Operations will be sold for cord wood to the highest bidder. Bids received will be directed to the Grounds Maintenance Supervisor for proper disposition. "'The Grounds Unit will at all times practice accepted agricultural methods for fertilizing, pruning, spraying, etc. to keep existing trees healthy and viable. "The Grounds Unit will: "A. Determine trees for protection, mark these trees and take necessary protective measures prior to construction. Contractors will be held responsible for construction damage to trees so marked and protected. "B. Determine trees to be relocated and move these trees to their new sites prior to construction. "C. Any and all programs for tree and woodlot management will be presented to the Planning and Building Committee for approval prior to their implementation, "In wood lot areas designated by the Board of Commissioners, monuments will be established and maintained for their preservation." The Planning and Building Committee, by Charlie J, Harrison, Jr., Chairman, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Charlie J. Harrison, Chairman Moved by Harrison supported by Horton the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 6011 By Mr. Powell IN RE; SUPPORT OF HOUSE BILL 6071 - AMENDING THE GENERAL PROPERTY TAX ACT TO PROVIDE THAT ASSESSING DISTRICTS MUST HAVE CERTIFIED ASSESSORS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS your Committee has reviewed House Bill 6071 which would amend the General Property Tax Act to provide that every assessing district must have certified assessors in its employ or the assessment shall be done by the County Equalization Department or the State Tax Commission, and WHEREAS your Committee recommends support of House Bill 6071; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports House Bill 6071 and that certified copies of the foregoing resolution be forwarded to the Oakland County Legislators, The Legislative Committee, by Christian F. Powell, Acting Chairman, moves the adoption of the foregoing resolution. LEGISLATIVE COMMITTEE Christian F. Powell, Acting Chairman Moved by Powell supported by Szabo the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 6012 By Mr. Powell IN RE: SUPPORT OF HOUSE BILL 5902 - TAXING MOBILE HOMES AS PERSONAL PROPERTY To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS House Bill 5902 would provide that all mobile homes in a licensed mobile home park be assessed and taxed the same as personal property and would also repeal certain acts and parts of acts pertaining to mobile homes and their contents; and 1L5 Commissioners Minutes Continued. May 4, 1972 WHEREAS your Committee has considered said proposed legislation and recommends that it be supported, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports House Bill 5902 and that certified copies of the foregoing resolution be forwarded to the Oakland County Legislators. The Legislative Committee, by Christian F. Powell, Acting Chairman, moves the adoption of the foregoing resolution. LEGISLATIVE COMMITTEE Christian F. Powell, Acting Chairman Moved by Powell supported by Harrison the resolution be adopted. Mr. Coy and Mr. Szabo voted 'no'. A sufficient majority having voted therefor, the resolution was adopted. Misc. 6013 By Mr. Powell IN RE: SUPPORT OF HOUSE BILL 6072 - APPEAL OF EQUALIZATION FACTOR To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS your Committee has considered House Bill 6072 which would amend Act 206 of the Public Acts of 1893, the General Property Tax Act, by adding Section 34B to read as follows: "SEC. 34B. A taxpayer aggrieved by an equalization factor of the several townships and cities of the county may appeal directly to the state tax commission on or before the first Monday in July. The appeal shall be taken and processed in the same manner as other proceedings before the tax commission are had." and WHEREAS your Committee, with the concurrence of the Equalization Committee, recommends that House Bill 6072 be amended as follows: "SEC. 34B. IF THE FINAL equalization factor of the several townships and cities of the county IS GREATER THAN THE TENTATIVE EQUALIZATION FACTOR, AS PUBLISHED, A TAXPAYER may appeal directly to the state tax commission on or before the first Monday in July REGARDING THE FACTOR AND IF FOUND EQUITABLE THE FACTOR AS TO THAT APPELLANT MAY BE ADJUSTED......" NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports House Bill 6072, as amended, and so recommends to the Oakland County Legislators. The Legislative Committee, by Christian F. Powell, Acting Chairman, moves the adoption of the foregoing resolution and that certified copies be forwarded to the Oakland County Legislators. LEGISLATIVE COMMITTEE Christian F. Powell, Acting Chairman Moved by Powell supported by Paholak the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 6014 By Mr. Powell IN RE:: OPPOSITION TO HOUSE BILL 5044 - CREATING A STATE TAX COURT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS House Bill 5044 would provide for the creation of a State Tax Court to hear all appeals in tax matters, including sales tax, income tax and property tax, and WHEREAS your Committee concurs in the Equalization Committee's recommendation to oppose said legislation as proposed by House Bill 5044 because of the great expense that would be involved in an appeal to such a tax court; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby opposes House Bill 5044 and so recommends to the Oakland County Legislators. The Legislative Committee, by Christian F. Powell, Acting Chairman, moves the adoption of the foregoing resolution and that certified copies be forwarded to the Oakland County Legislators. LEGISLATIVE COMMITTEE Christian F. Powell, Chairman Moved by Powell supported by Olson the resolution be adopted. Mr. Aaron voted 'no'. A sufficient majority having voted therefor, the resolution was adopted, Misc. 6015 By Mr. Powell IN RE: SUPPORT OF SENATE BILL 965 - PERMISSIVE LEGISLATION FOR CREATION OF ADDITIONAL PROBATE JUDGESHIPS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS your Committee has considered Senate Bill 965, which is proposed permissive legislation creating additional Probate Judgeships whenever the Board of Commissioners, by a majority vote of all its members, deems it necessary, and Commissioners Minutes Continued. May 4, 1972 146 WHEREAS your Committee recommends support of Senate Bill 965 as being in the best interests of the County of Oakland; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports Senate Bill 965 and se recommends to the Oakland County Legislators, BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners opposes any mandatory legislation in this Session of the Legislature calling for the creation of Probate Judges in Oakland County. The Legislative Committee, by Christian F. Powell, Acting Chairman, moves the adoption of the foregoing resolution and that certified copies be forwarded to the Oakland County Legislators and to all members of the House and Senate Judiciary Committees. LEGISLATIVE COMMITTEE Christian F. Powell, Acting Chairman Moved by Powell supported by Daly the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Moved by Barakat supported by Kronenberg the Board recess for ten minutes. AYES: Pernick, Barakat, Doyon, Harrison, Kronenberg, Lennon. (6) NAYS: Powell, Richardson, Szabo, Wilcox, Aaron, Burley, Coy, Daly, Dearborn, Gabler, Hamlin, Horton, Houghten, Kasper, Mainland, Mathews, Olson, Paholak. (18) A sufficient majority not having voted therefor, the motion lost. The Chairman announced that the dedication of the Mental Retardation Center would be at 2:00 P. M. May 4, 1972. The Chairman declared a five minute recess. Following the recess, the Board reconvened. Misc. 6016 By Mr. Burley IN RE: INCLUSION OF PROPOSED EXPANSION OF OAKLAND COUNTY HOSPITAL UNDER OVERALL ECONOMIC DEVELOPMENT PROGRAM - PUBLIC LAW 89-36 To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #5727 dated June 3, 1971, this Board did request designation of Oakland County as a redevelopment area under Public Law 89-136 Economic Development Act, and WHEREAS pursuant to resolution of the Oakland County Overall Economic Development Program Committee approval was granted and submission was requested of the initial Overall Economic Development Program as required for formal designation of Oakland County, Michigan as a Title I area under the Public Works and Economic Development Act of 1965; and WHEREAS it would be in the best interests of the County of Oakland to include the proposed expansion of the County Hospital in the priorities of the Economic Development Program, the implementation of which would provide employment to many persons in the area, as well as providing increased trade and commerce in the business community resulting in an overall economic development; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests the Oakland County Overall Economic Development Program Committee to amend the Oakland County Program Proposal to include the proposed expansion of the County Hospital and to designate such expansion as the highest priority. Mr. Chairman, I move the adoption of the foregoing resolution. Dale C. Burley County Commissioner, District #9 Moved by Burley supported by Harrison the resolution be referred to the Local and Regional Affairs Committee. Discussion followed. Mr. Gabler objected to the referral. Discussion followed. The Chairman stated that those opposed to the referral, say 'yes' and those in favor of the referral, say 'no'. The vote was as follows: AYES: Richardson, Wilcox, Aaron, Coy, Daly, Dearborn, Gabler, Hamlin, Horton, Houghten, Kasper, Mainland, Olson, Paholak, Powell. (15) NAYS: Pernick, Barakat, Burley, Delon, Harrison, Kronenberg, Lennon, Mathews. (8) A sufficient majority having voted therefor, the objection was sustained. 147 Commissioners Minutes Continued. May 4, 1972 Mr. Burley requested that the resolution he referred to the Health Committee. Mrs. Dearborn objected. Discussion followed. Mr. Olson moved the previous question. Seconded by Mr. Harrison. The Chairman stated that those in favor of calling the question, say 'yes' and those opposed say 'no. The vote was as follows: AYES: Wilcox, Aaron, Barakat, Burley, Daly, Dearborn, Doyon, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper, Kronenberg, Lennon, Mainland, Mathews, Olson, Paho/ak, Pernick, Powell, Richardson. (22) NAYS: None. (0) A sufficient majority having voted therefor, the Chairman called for a vote on the previous question. The vote was as follows: AYES: Wilcox, Barakat, Dearborn, Gabler, Hamlin, Horton, Houghten, Kasper, Powell, Richardson, (ID) NAYS: Aaron, Burley, Daly, Doyon, Harrison, Kronenberg, Lennon, Mainland, Mathews, Olson, Paholak, Pernick. (12) Fourteen votes not having been cast therefor, the objection was sustained. Discussion followed. Mr. Burley announced that the resolution would be presented at the next meeting of the Health Committee. Discussion followed. The Chairman stated that fourteen votes are required to assign a resolution to a committee and that a vote would be taken on whether or not the resolution should be referred to the Health Committee, AYES: Aaron, Burley, Daly, Doyen, Harrison, Kronenborg, Lennon, Mathews, Olson, Paholak, Pernick. (11) NAYS: Barakat, Dearborn, Gabler, Hamlin, Horton, Houghten, Kasper, Mainland, Powell, Richardson, Wilcox. (11) A sufficient majority not having voted therefor, the resolution was not referred. The Annual Report of the Department of Social Services was presented to the Board. Mr. Gabler requested that the Human Resources Committee present a report on the Department of Social Services regarding the caseload for 1972 in the first quarter, the expenditures for the first quarter of 1972 and the policies of the Social Services Board for eligibility of general assistance. Moved by Barakat supported by Daly the Board adjourn until May 18, 1972 at 9:30 A. M. AYES: Barakat, Burley, Coy, Daly, Doyon, Gabler, Hamlin, Harrison, Kasper, Kronenberg, Lennon, Mainland, Mathews, Olson, Paholak, Pernick, Powell, Richardson, Aaron. (19) NAYS: Horton. (1) ABSTAIN: Dearborn, Houghten. (2) A sufficient majority having voted therefor, the motion carried, The Board adjourned at 11: 58 A. M. Lynn D. Alien Clerk Lawrence R. Pernick Chairman