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HomeMy WebLinkAboutMinutes - 1971.06.03 - 7589167 OAKLAND COUNTY ard Of Comrniv,-:unt MEETING June 3, 1971 Meeting called to order by Chairman William M. Richards at 9:30 A. M. in the Court House Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Invocation given by Lew L. Coy. Roll called: PRESENT: Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox. (26) ABSENT: Horton. (1) Quorum present. Moved by Burley supported by Wilcox the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor; the motion carried, Clerk read resolution from Muskegon County relative to amending Act 190 of the Public Acts of 1962, regarding appointment of members of the Board of Education of the Intermediate School District, (Referred to the Legislative Committee.) Clerk read resolution from Bloomfield Township requesting that this Board review the Oakland County jail boarding fee procedures and consider paying the costs from County funds. (Referred to the Public Protection and Judiciary Committee.) Misc. 5722 By Mr. Burley IN RE: COMMENDATION - UNITED OAKS WRESTLING CLUB, HAZEL PARK To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS The United Oaks Wrestling Club of Hazel Park won its second straight Michigan AAU Midget, 10 years and under, Division Wrestling Championship in May of 1971; and WHEREAS the Club, in existence only two years, claimed five of the eleven individual State championships, with three others going to Oakland County wrestlers representing other teams; and WHEREAS the youngsters, 10 years and under, exemplified sportsmanship and teamwork, combined with excellent training and the will to win, in achieving their championship; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners herewith expresses commendation to the United Oaks Wrestling Club of Hazel Park for achieving the Championship and extends best wishes for its continued success. Mr. Chairman, 1 move the adoption of the foregoing resolution. William M. Richards, Chairman Alexander C. Perinoff, Vice Chairman Dale C. Burley, County Commissioner, District #9 The resolution was unanimously adopted. The Board recessed at 9:40 A. M. and reconvened at 10:02 A. M. Misc. 5723 By Mr, Burley IN RE: OPPOSITION TO AMENDING ACT 54, P.A. 1964 REGARDING MENTAL HEALTH BOARD To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Michigan Universities' Psychiatry Departments and the Michigan Department of Mental Health Liaison Committee has recommended legislation to change the relationships between Public Act 54 Boards and Directors and the State Department of Mental Health; and WHEREAS if these recominendations were to be incorporated into the revisions or the Mental Health Statutes; consent of programming and funding the mental health services at the community level would be destroyed; and WHEREAS the Oakland County Community Mental Health Services Board and the Health Committee of the Board of Commissioners have opposed such legislation; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes such legislation. The Health Committee, by Mr. Dale C. Burley, Chairman, moves the adoption of the foregoing resolution. HEALTH COMMITTEE Dale C. Burley, Chairman 168 Commissioners Minutes Continued. June 3, 1971 The resolution was referred to the Legislative Committee. There were no objections. Misc. 5724 By Mr. Pernick IN RE: HOUSE BILL NO. 4358 To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS House Bill No. 4358 provides that a county may establish a collection center for junk motor vehicles and it may dispose of junk motor vehicles in its collection center; and WHEREAS your Committee recommends that House Bill No. 4358 be supported by this Board; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports House Bill No. 4358. The Legislative Committee, by Mr. Lawrence R. Pernick, Chairman, moves the adoption of the foregoing resolution. LEGISLATIVE COMMITTEE Lawrence R. Pernick, Chairman Moved by Pernick supported by Wilcox the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5725 By Mr. Pernick IN RE: HOUSE BILL 4030 To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS House Bill 4030, introduced by Representative Bill S. Huffman, would require non- profit hospital service corporations to pay for hospital services of its subscribers at all non-profit hospitals which are licensed and accredited; and WHEREAS said bill would require Blue Shield to make such payments to the Oakland County Hospital; and WHEREAS said bill has received the endorsement of the Oakland County Board of Health; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports House Bill 4030. The Legislative Committee, by Mr. Lawrence R. Pernick, Chairman, moves the adoption of the foregoing resolution. LEGISLATIVE COMMITTEE Lawrence R. Pernick, Chairman Moved by Pernick supported by Coy the resolution be adopted. Mr. Gabler voted 'no'. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5726 By Mr. Edwards IN RE: PRIMARY ELECTRICAL SYSTEM, PHASE III-C To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the final Design Drawings and Specifications for Phase III-C of the Primary Electrical System have been prepared; and WHEREAS the Final Design Drawings and Specifications for Phase III-C of the Primary Electrical System have been reviewed and approved by the Planning and Building Committee; and WHEREAS your Committee recommends that the Board approve the Design Drawings and Specifi- cations of the Primary Electrical System, Phase III-C; NOW THEREFORE BE IT RESOLVED that the final Design Drawings and Specifications of the Primary Electrical System, Phase III-C be and they are hereby approved; BE IT FURTHER RESOLVED that the project be advertised and bids received on June 17, 1971 at 2:00 o'clock P. M. pursuant to the Rules and Procedures of this Board, and that a Report thereon be submitted to this Board after receipt and tabulation of such bids. The Planning and Building Committee, by Mr. Charles B. Edwards, Jr., Chairman, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Charles B. Edwards, Jr., Chairman Moved by Edwards supported by Richardson the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5727 By Mr. Lennon IN RE: OAKLAND COUNTY DESIGNATED REDEVELOPMENT AREA To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Oakland County is now eligible to be designated as a redevelopment area under Public Law 89-136, Economic Development Act; and WHEREAS it is clearly to the economic advantage of every municipality within Oakland County that the County be designated as a redevelopment area under Public Law 89-136; NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby requests designation 169 Commissioners Minutes Continued. June 3, 1971 of Oakland County as a redevelopment area under Public Law 89-136, Economic Development Act. The Public Works Committee, by Mr. Bernard F. Lennon, Chairman, moves the adoption of the foregoing resolution. PUBLIC WORKS COMMITTEE Bernard F. Lennon, Chairman Moved by Lennon supported by Burley the resolution be adopted. Discussion followed. AYES: Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Bawden, Burley, Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Houghten, Lennon, Mainland, Mathews, Olson, Patnales. (24) NAYS: Kasper. (I) A sufficient majority having voted therefor, the resolution was adopted. Misc. 5778 By Mr. Lennon IN RE: HENRY-GRAHAM DRAIN To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS proceedings have been taken by the Statutory Drainage Board for the construction of the Henry-Graham Drain under the provisions of Act No. 40 of the Public Acts of Michigan of 1956, as amended, pursuant to a petition filed by the City of Troy and the City of Madison Heights, September 22, 1967; and WHEREAS the said Drainage Board by resolution adopted on May 19, 1971, authorized and provided for the issuance of bonds in the aggregate principal amount of $14,240,000 in anticipation of the collection of an equal amount of special assessments against the City of Troy, the City of Madison Heights and the County of Oakland, said special assessments having been therefore duly confirmed by said Drainage Board; and WHEREAS said bonds are to be designated Drain Bonds, are to be dated November I, 1971, will bear interest at a rate not exceeding 7%, and will be subject to redemption prior to maturity in accord- ance with the provisions of the bond resolution; and WHEREAS Section 474 of said Act No, 40, as amended, provides in part as follows: "If any public corporation fails or neglects to account to the county treasurer for the amount to any installment and interest, then the county treasurer shall advance the amount thereof from county funds in the following cases: "(1) If any bonds or other evidence of indebtedness have been issued to finance a project, the petition for which was filed after June 6, 1961 in anticipation of the collection of the install- ment and interest pursuant to the provisions of this chapter and the board of supervisors has previously acted, by a resolution adopted by a 2/3 vote of its members elect, to pledge the full faith and credit of the county for the prompt payment of the principal of and interest on the bonds or evidence of in- debtedness, or "(2) If any bonds or other evidence of indebtedness have been issued to finance a project, the petition for which was filed prior to June 6, 1961 in anticipation of the collection of the install- ment and interest pursuant to the provisions of this chapter." WHEREAS said Drainage Board deems it advisable and necessary to obtain from this Board a resolution consenting to the pledge of the full faith and credit of the county on the aforesaid bonds; and WHEREAS the said drainage project is immediately necessary to protect and preserve the public health and therefore it is in the best interest of the County of Oakland that said bonds be sold; NOW THEREFORE BE IT RESOLVED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS: 1. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain Code of 1956, as amended, the Oakland County Board of Commissioners does hereby irrevocably pledge the full faith and credit of the County of Oakland for the prompt payment of the principal of and interest on the said Drain Bonds, and does agree that in the event the City of Troy, the City of Madison Heights or the County of Oakland shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any special assessment installment and interest, for the Henry-Graham Drain, when due, then the amount thereof shall be immediately advanced from County Funds, and the County Treasurer is directed to immediately make such advancement to the extent necessary. 2. That in the event that, pursuant to said pledge of full faith and credit the County of Oakland advances out of County Funds, all or any part of said installment and interest, it shall be the duty of the County Treasurer, fOr and on behalf of the County of Oakland, to take all actions and pro- ceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid. 3. That all resolutions and parts of resolutions insofar as the same may be in conflict with the provisions of this resolution be and the same hereby are rescinded. Mr. Chairman, on behalf of the Public Works Committee, I move the adoption of the foregoing resolution. PUBLIC WORKS COMMITTEE Bernard. F. Lennon, Chairman Moved by Lennon supported by Daly the resolution be adopted. Discussion followed. 170 Commissioners Minutes Continued. June 3, 1971 ADOPTED. Ayes: Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff. (26) Nays: None. (0) Absent: Horton. (I) Misc. 5729 By Mr. Brennan IN RE: OPTION FOR PURCHASE OF ADMINISTRATION BUILDING FROM GENERAL MOTORS CORPORATION To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the County of Oakland must vacate No. 1 Lafayette Street on or before December 31, 1971; and WHEREAS it will be necessary to find suitable quarters for the Oakland County Clothing Store, the Office of Economic Opportunity and the Department of Social Services; and WHEREAS there is presently available the former Administration Building of the Pontiac Motor Division of the General Motors Corporation; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Auditors, be and is hereby directed to obtain an option for the sum of One (51.00) Dollar for 30 days for the purchase of the former Administration Building of the Pontiac Motor Division of the General Motors Corporation; BE IT FURTHER RESOLVED that the Oakland County Board of Auditors be and is hereby authorized to execute all necessary documents to effectuate said option. The Finance Committee, by Mr. James M. Brennan, Chairman, moves the adoption of the foregoing resolution. FINANCE COMMITTEE James M. Brennan, Chairman Moved by Brennan supported by Szabo the rules be suspended for immediate consideration of the resolution. AYES: Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards, Hamlin, Harrison, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, (25) NAYS: Gabler. (1) A sufficient majority having voted therefor, the motion carried. Moved by Brennan supported by Harrison the resolution be adopted. Discussion followed. The Chairman ruled Mr. Gabler's discussion out of order. Mrs. Bawden appealed the ruling of the Chair. Vote on resolution: A sufficient majority having voted therefor, the resolution was adopted. Misc. 5730 By Mr. Brennan IN RE: SOUTHEASTERN MICHIGAN METROPOLITAN TRANSPORTATION AUTHORITY FUNDS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS there remains the sum of $104,500.00 in the 1971 Budget previously allocated for the Southeastern Michigan Metropolitan Transportation Authority; and WHEREAS the Southeastern Michigan Metropolitan Transportation Authority has requested the release of the $104,500.00; and WHEREAS your Finance Committee recommends that the sum of $104,500.00 be released upon the following conditions: 1. That SEMTA bring back a report in 30 days on plan to accomplish mission of regional unification of bus mass transportation plan for 6-county area. 2. Within I year, and before asking for any further local funding, demonstrate SEMTA's ability to carry out bus mission before asking for funding for mass transit system. 3. That SEMTA investigate the possibility of creation of a metropolitan transportation advisory council composed of representative elected leaders of communities involved. NOW THEREFORE BE IT RESOLVED that the County of Oakland agrees to release and pay over to the Southeastern Michigan Metropolitan Transportation Authority, the sum of $104,500.00 previously allo- cated in the 1971 Budget for that purpose, upon the following conditions: 1. That SEMTA bring back a report in 30 days on plan to accomplish mission of regional unification of bus mass transportation plan for 6-county area. 2. Within I year, and before asking for any further local funding, demonstrate SEMTA's ability to carry out the bus mission before asking for funding for mass transit system. 3. That SEMTA investigate the possibility of creation of a metropolitan transportation advisory council composed of representative elected leaders of communities. The Finance Committee, by Mr. James M. Brennan, Chairman, moves the adoption of the foregoing resolution. FINANCE COMMITTEE James M. Brennan, Chairman Commissioners Minutes Continued. June 3, 1971 171 Moved by Brennan supported by Barakat the resolution be laid on the table until the next meeting of the Board. The Board recessed at 10:45 A. M. and reconvened at 11:15 A. M. Roll called. PRESENT: Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Gabler, Hamlin, Harrison, Houghten, Kasper, Lennon, Mainland, Mathews, Patnales, Perinoff, Pernick, Richards, Simson, Szabo, Wilcox. (22) ABSENT: Edwards, Horton, Olson, Powell, Richardson. (5) Quorum present. Vote on motion to table Resolution #5730: A sufficient majority having voted therefor, the motion carried. Mr. Powell requested that the following statement be made a part of the minutes of this meeting. There were no objections. Republican Statement Regarding Refusal of Chair to Recognize Appeal The Democratic caucus adopted rules at the commencement of this term for the County Board of Commissioners which purported to be based on Roberts Rules of Order when, in fact, said rules are changeable at the will of the majority. One of these rules as adopted, as aforesaid, has been continually ignored by the Chairman and a majority of the Board, that being the right of appeal of rulings of the Chair. When the only safeguard and relief available to the members of this body in opposition to the improper decisions or violation of rules is ignored, there is no available remedy but to Withdraw presence from such a body as to not be party to such denials of rights. Where there is no right or recognition of right of appeal, there can be no justice and no democratic process. Additionally, the ruling in this matter was improper under Roberts Rules as modified by this Board inasmuch as Mr. Gabler's discussion was germane to the resolution before the Board: I. The resolution proposed to take a 30-day option for the purchase of the General Motors Building in Pontiac to solve space problems of the County. 2. Mr. -Gabler was speaking in opposition to taking of said option based on - the exfstence of better alternatives and therefore his discussion was germane. It is the position of the Republican caucus that in view of these circumstances all business transacted in their absence was and is in violation of the rules of the Board and denial of their rights under said rules and is therefore invalid and not binding. The Chairman stated that the ruling of the Chair on the appeal on Resolution #5729 was in error. Moved by Pernick supported by Kasper the vote on Resolution #5729 be reconsidered. A sufficient majority having voted therefor, the motion carried. Discussion followed, Moved by Brennan supported by Harrison that Resolution #5729, in re: Option for purchase of Administration Building from General Motors Corporation, be adopted. AYES: Richards, Simson, Szabo, Wilcox, Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards, Gabler, Hamlin, Harrison, Houghten, Kasper, Lennon, Mathews, Olson, Patnales, Perinoff, Pernick, Powell. (24) NAYS: Richardson. (1) A sufficient majority having voted therefor, the resolution was adopted. Misc. 5731 By Mr. Olson IN RE; HIGHWAY MAINTENANCE To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Woodward Avenue, 1-75, 1-96, Telegraph Road and Southfield Freeway are very heavily traveled State trunk line highways in the urbanized area of Oakland County; and WHEREAS said highways act as the major means of access to and through most of the cities in Oakland County and also serve as "main streets" in a number of cities; and WHEREAS the appearance of these highways in terms of minimum litter, clean pavements and grass mowed at reasonable intervals is essential to the entire appearance of these cities and to their overall well being; NOW THEREFORE BE IT RESOLVED that the Board of Commissioners for Oakland County urges the State Highway Commission to review the current budget allocations for this work with the intent of providing increased attention and more frequent activity throughout the urbanized areas of Oakland County that would assure a more adequate appearance on State trunk line highways; BE IT FURTHER RESOLVED that copies of this resolution be sent to the State Highway Commission, the maintenance department of the Department of State Highways and the Oakland County Road Commission. 172 Commissioners Minutes Continued. June 3, 1971 The Transportation and Aviation Committee, by Mr, Niles E. Olson, Chairman, moves the adopt- ion of the foregoing resolution. TRANSPORTATION AND AVIATION COMMITTEE Niles E, Olson, Chairman Moved by Olson supported by Gabler the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Chairman read an Editorial presented on WJBK-TV 2 commending Oakland County on their new jail facilities. Mr. Richardson requested that Carl O'Brien be allowed to address the Board regarding the proposed Pontiac Stadium. There were no objections. Mr. O'Brien addressed the Board. Misc. 5732 By Mr. Edwards IN RE: RESOLUTION OF COMMENDATION AND APPRECIATION - WALTER M. COON To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the appointment of Walter M. Coon to the Oakland County Board of Trustees dates from June 22, 1964; and his appointment to the Oakland County Board of Institutions dates from February 23, 1965; and WHEREAS his diligence, vision and devotion have contributed to the betterment of the operation of the Oakland County Tuberculosis Sanatorium and of the Oakland County Hospital; and WHEREAS because his deep human commitment to maintain the highest quality of patient care and continue the services these institutions provide has enabled the County of Oakland to benefit from the reputation of these institutions through the excellent services provided to the residents of this county; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners herewith expresses appreciation to Walter M. Coon for his sincere efforts and dedication in the interests of the citizens of Oakland County. Mr. Chairman, on behalf of the entire membership of the Board, I move the adoption of the foregoing resolution. OAKLAND COUNTY BOARD OF COMMISSIONERS William M. Richards, Chairman Charles B. Edwards, Jr., Chairman Oakland County Board of Institutions Dennis M. Aaron Patrick K. Daly Paul E. Kasper Alexander C. Perinoff Joseph L. Barakat Wallace F. Gabler, Jr. Bernard F. Lennon Lawrence R. Pernick Mary M. Bawden Delos Hamlin William L. Mainland Christian F. Powell James Brennan Charlie J. Harrison, Jr. James Mathews E. Frank Richardson Dale C. Burley Harry W. Horton Niles E. Olson Marguerite Simson Lew L. Coy Fred D. Houghten Robert F. Patnales Albert F. Szabo Richard R. Wilcox Moved by Edwards supported by Lennon the resolution be adopted. The resolution was unanimously adopted. Moved by Kasper supported by Szabo the Board adjourn to June 17, 1971 at 9:30 A. M. A sufficient majority having voted therefor, the motion carried. The Board adjourned at 1145 A. M. Lynn D. Allen William M. Richards Clerk Chairman