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HomeMy WebLinkAboutMinutes - 1971.12.02 - 760132 1 OAKLAND COUNTY Board Of Comrissio,i_r_ MEETING December 2, 1971 Meeting called Lo order by Chairman William M. Richards at 9:45 A. M. in the Court House Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Aaron, Barakat, Burley, Daly, Dearborn, Doyon, Harrison, Horton, Mathews, Pernick, Richards, Simson. (12) ABSENT: Brennan, Coy, Gabler, Hamlin, Houghten, Kasper, Lennon, Mainland, Olson, Patnales, Perinoff, Powell, Richardson, Szabo, Wilcox. (15) In the absence of a quorum, the Board recessed and reconvened at 10:04 A. M. Invocation given by James Mathews. Roll called. PRESENT: Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Harrison, Horton, Hooghten, Kasper, Lennon, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox. (25) ABSENT: Hamlin, Mainland. (2) Quorum present. Moved by Daly supported by Szabo the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the motion carried. Clerk read letter from Chris Meyers requesting that the Board release funds for SEMTA. (To be referred to the proper Committee by the Chairman.) Clerk read resolution from the City of Hazel Park supporting Resolution #5839 regarding liaison with .local units of government. (To be referred to the proper Committee by the Chairman.) Clerk read resolution from the City of Birmingham recommending purchase by Oakland County of land known as "Adams Woods". (To be referred to the proper Committee by the Chairman.) Misc. 5873 By Mr. Burley - IN RE: RESOLUTIONMF APPRECIATION AND COMMENDATION FOR CYRIL E. MILLER FOR SERVICE TO OAKLAND COUNTY To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Cyril E. Miller has retired from public service, having served as Supervisor of Avon Township from 1953 through 1970 and as a member of the former Oakland County Board of Supervisors from 1953 through December of 1968; and WHEREAS during his tenure as a member of the Board of Supervisors, Cyril E. Miller was appointed to the Health Committee in 1954 and served as its Chairman from 1956 to March of 1963, this being the time when the old Board of Health was discontinued and the Health Committee served as the Board of Health composed of seven members; and WHEREAS when in 1965 the Board of Health was structured to be composed of five members, he served as its Chairman through January of 1971; and WHEREAS Cyril E. Miller contributed of his time and energies toward a more meaningful health environment beneficial to all of the citizens of his community; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners herewith extends its appreciation and commendation to Cyril E. Miller for his public service in helping to make a better environment for his fellow man. William M. Richards Dale C. Burley Chairman, Board of Commissioners Chairman, Health Committee Alexander C. Perinoff Lew L. Coy Vice Chairman, Board of Commissioners Chairman, Board of Health The resolution was unanimously adopted. Mr. Coy presented a plaque from the Board of Health, to Cyril E. Miller in appreciation for his years of service as a member of the Board. Expenditure Classification Salaries (includes Salaries Reserve) Personal Services Contractual Services Commodities 1972 $ 60,815 50,700 20,300 14,200 322 Commissioners Minutes Continued. December 2, 1971 Misc, 5874 By Mr. Brennan IN RE: SHERIFF'S BUDGET - MARINE SAFETY PROGRAM To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the application for matching funds which will be matched 2/3rds by the State and 1/3rd by the County should have been filed on or before November 1, 1971; and WHEREAS an extension has been secured for the filing of such application; and WHEREAS the State is requesting immediate action on the filing of said application; and WHEREAS it is necessary to adopt the Sheriff's budget for 1972, as said budget pertains to the Marine Safety Program; NOW THEREFORE BE IT RESOLVED that the Sheriff's Budget, Marine Safety Program portion, set forth as follows: Total Budget Capital Outlay Total Budget and Capital Outlay $146,015 17,750 $163,765 be and the same is hereby adopted. The Finance Committee, by James M. Brennan, Chairman, moves the adoption of the foregoing resolution. FINANCE COMMITTEE James M. Brennan, Chairman Moved by Brennan supported by Perinoff the resolution be adopted. AYES: Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Harrison, Horton, Houghten, Kasper, Lennon, Mathews, Otson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 5875 By Mr. Kasper IN RE: RECOMMENDATION OF APPROVAL FOR CONTINUATION OF IDENTIFICATION PROGRAM FOR COUNTY EMPLOYEES To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Board of Auditors Personnel Division has implemented a County employee identification card system; and WHEREAS your Committee recommends that the said identification program be continued as presently programmed for the purpose of providing additional security for the County and its taxpayers in the protection of County facilities, records and documents, County funds, vehicles, business machines and related equipment, the County reputation and integrity and to ensure the safety of the public and County employees; and WHEREAS the cost of this program was anticipated in the preparation of the office supplies portion of the Personnel Division 1971 operating budget and has been charged thereto; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the County employee identification Gard system and that the Board of Auditors be and they hereby are authorized to continue the said County employee identification program. The Personnel Practices Committee, by William.L. Mainland, Chairman, moves the adoption of the foregoing resolution. PERSONNEL PRACTICES COMMITTEE Paul E. Kasper, Vice Chairman Moved by Kasper supported by Lennon the resolution be adopted. Discussion followed. A sufficient majority having voted therefor, the resolution was adopted. Moved by Aaron supported by Szabo that the resolution regarding use of the Pontiac City Jail to house female prisoners from the County Jail, be removed from the agenda. A sufficient majority having voted therefor, the motion carried. Commissioners Minutes Continued, December 2, 1971 323 Misc. 5876 By Mr. Aaron IN RE: AGREEMENT FOR LAW ENFORCEMENT SERVICES - COUNTY OF OAKLAND AND HIGHLAND TOWNSHIP To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS your Committee has reviewed a proposed agreement for law enforcement services to be furnished by the Sheriff's Department of the County of Oakland to the Township of Highland; and WHEREAS your Committee recommends approval of said agreement for law enforcement services; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners herewith approves the agreement, a copy of which is attached hereto, to be effective January 1, 1972, for law enforcement services between the County of Oakland, the Oakland County Sheriff and the Township of Highland, and that the Chairman of this Board and the County Clerk be and they are hereby authorized to execute said agreement on behalf of the Oakland County Board of Commissioners. The Public Protection and Judiciary Committee, by Dennis M. Aaron, Chairman, moves the adoption of the foregoing resolution. PUBLIC PROTECTION AND JUDICIARY COMMITTEE Dennis M. Aaron, Chairman AGREEMENT FOR LAW ENFORCEMENT SERVICES THIS AGREEMENT, made and entered into this day of , A.D. 1971, by and between the COUNTY OF OAKLAND, through its Board of Commissioners, and the Oakland County Sheriff, hereinafter referred to as "COUNTY", and the Township of Highland, hereinafter referred to as 'TOWNSHIP', WITNESSETH: WHEREAS the TOWNSHIP is desirous of contracting with the COUNTY for the performance of law enforcement functions within its boundaries by the COUNTY, and WHEREAS the COUNTY is agreeable to rendering such services on the terms and conditions as hereinafter set forth, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The COUNTY agrees to provide police protection within the corporate limits of the TOWNSHIP, said protection to consist of the enforcement of State Statutes and the Township Ordinances; for the purposes of performing such functions, the COUNTY shall furnish and supply Two (2) Deputies, their supervision, equipment, communication facilities and other necessary supplies needed in order to perform such services. Notwithstanding anything heretofore contained, it is agreed that in all instances where -special -supplies,-such as stationery, -notices, forms and the like, needed to be executed in the name-of the TOWNSHIP shall be required, they shall be supplied by the TOWNSHIP at its cost and expense. 2. The standards of performance, the discipline of officers and other matters incident to the performance of such service and the control of the Deputy Sheriffs so assigned to provide such service shall remain in the COUNTY, however the standards of performance shall not be lower than that furnished another Township in Oakland County, nor shall the caliber and the ability of the officers supplied be lower than that furnished other Townships in Oakland County. 3. The TOWNSHIP shall not be required to assume any liability for the direct payment of salaries, wages or other compensation to the COUNTY for any county personnel performing the services set forth in this document except as herein otherwise specified. 4 • The law enforcement service to be provided by the COUNTY shall consist of furnishing two (2) men for one eight hour shift each, the commencement time of each shift to be determined by the usual shift starting and ending time established by the Oakland County Sheriff's Department. 5. The Township agrees to pay for such law enforcement service the sum of $ , said sum to be paid on a basis. In the event the cost to the County of providing law enforcement in the township increases during the term of this Agreement, the additional amount necessary to cover such increases shall be determined by mutual agreement of the parties hereto and such amount shall be added to the monthly payment made by the Township. 6. In the event the TOWNSHIP requests additional service during the term of this Agreement, the cost of said additional service shall be determined by mutual agreement of the parties hereto. 7. This Agreement shall be effective from the date said Agreement is executed by the COUNTY and TOWNSHIP and shall terminate on December 31st, 1972, provided that said Agreement may be renewed for one year periods thereafter by the TOWNSHIP, by giving its intentions to renew said Agreement in writing to the COUNTY on or before November 1st of each year, said Notice to be sent to the Sheriff of Oakland County, provided further that either party hereto may elect not to renew same by giving notice thereof to the opposite party at least sixty (60) days prior to the expiration date of each annual renewal. 8. In the event said TOWNSHIP elects not to renew said Agreement by giving notice as provided in Paragraph 7, the TOWNSHIP agrees that if it establishes its own police department it will give consideration to employ to the Oakland County Sheriff Deputies, if any, who will be laid off by virtue of the termination of said Agreement, but in no event does the TOWNSHIP agree that it shall be obligated to hire such personnel. OAKLAND COUNTY SHERIFF OAKLAND COUNTY BOARD OF COMMISSIONERS By: Frank W. Irons, Sheriff TOWNSHIP OF HIGHLAND By Clarence Carlson, Supervisor By: William M. Richards, Chairman By: Lynn D. Allen, Clerk Shirley Wakefield, Clerk Moved by Aaron supported by Simson the resolution be adopted. Discussion followed. 324 Commissioners Minutes Continued. December 2, 1971 AYES: Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan, Coy, Daly, Dearborn, Doyon, Gabler, Harrison, Horton, Houghten, Kasper, Mathews, Olson, Perinoff. (22) NAYS: Burley, Lennon. (2) A sufficient majority having voted therefor, the resolution was adopted. REPORT By Mr. Aaron IN RE: MISCELLANEOUS RESOLUTION 5863 - ESTABLISHING NIGHT COURT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Public Protection and Judiciary Committee, by Dennis M. Aaron, Chairman, reports Miscellaneous Resolution 5863 concurrently with the opinion of Civil Counsel that the Oakland County Board of Commissioners has no jurisdiction or authority to establish a night court or any other court. The Public Protection and Judiciary Committee, by Dennis M. Aaron, Chairman, moves the , acceptance of the foregoing report. PUBLIC PROTECTION AND JUDICIARY COMMITTEE Dennis M. Aaron, Chairman "Misc. 5863 By Mr. Lennon IN RE: RECOMMENDATION TO ESTABLISH NIGHT COURT To the Oakland County Board of Commissioners Mr. Chairman, ladies and Gentlemen: WHEREAS police officers in many of the police department jurisdictions of Oakland County are located at a great distance from the County Jail; and WHEREAS many traffic misdemeanors and felony arrests occur at night; and WHEREAS the smaller police departments do not have adequate detention facilities to house these prisoners, the result being that the prisoners must be transported great distances to the Jail after their arrest; and WHEREAS personnel from these departments must also return to the Jail the following morning and take them to a District Court for arraignment, said Court often being many miles from the Jail; and WHEREAS the police personnel must further return the prisoner to Jail after his arraignment; and WHEREAS this process results in a poor allocation of the manpower of the police departments; and WHEREAS the large number of men committed to Jail awaiting their arraignment tends to overcrowd the Jail; and WHEREAS arraignment of a prisoner soon after his arrest and original booking more fully complies with the Constitutional standard of due process; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby approve of and hereby implements the establishment of a "Night Court"; BE IT FURTHER RESOLVED that the Night Court shall be staffed by a judge or magistrate who shall have the duty to arraign all respondents brought before him and to set bond for the respondent pending his appearance in District Court; BE IT FURTHER RESOLVED that the Public Protection and Judiciary Committee shall investigate the possibility and feasibility of the establishment of such a Night Court in Oakland County. Mr. Chairman', I move the adoption of the foregoing resolution. Bernard F. Lennon County Commissioner, District #11" Moved by Aaron supported by Daly the report be accepted. A sufficient majority having voted therefor, the motion carried. Misc. 5877 By Mr. Olson IN RE: TRANSFER OF TITLE TO LAND (GAMMA ROAD, WALLED LAKE) To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS by Deed dated April 27, 1954, the County of Oakland secured a Right-of-Way on behalf of the Oakland County Road Commission to establish and maintain Gamma Road which, at that time, was a County road under the jurisdiction of the Oakland County Road Commission; and WHEREAS on December 20, 1954, the Oakland County Road Commission did relinquish jurisdiction of Gamma Road to the City of Walled Lake; and WHEREAS the County of Oakland and the Oakland County Road Commission no longer require the deeded premises for County road purposes, said road being under the jurisdiction and maintenance of the City of Walled Lake; and WHEREAS the City of Walled Lake has requested the transfer of the title of the land from the County of Oakland to the City of Walled Lake; NOW THEREFORE BE IT RESOLVED that the Chairman and the Clerk of this Board be and the same are hereby authorized to execute a Quit Claim Deed on behalf of the County of Oakland for the following described property: 'Part of lot 46 Supervisors Plat A, Sec. 34, Commerce Trap,, Oakland County, Michigan described as: Beginning at S E Cor of said lot 46, thence N 0 ° 20' 00" E 55.00 ft thence S 89° 04' 40" W 60.00 ft, thence Southerly 52.89 ft along a curve to the left of radius 330.80 ft and chord 4 ° 28' • 20" E 52.83 ft, thence S 88° 35' 20" E 55.57 ft to point of beginning. 34, Commerce Top., Oakland County, Michigan, l• A 46, thence N 0 0 20' E 55.00 ft to the point of line of lot 46 to the South line of West Maple Ire ( ' read; thence S 00 20' W 421.70 ft r., a:ol • said curve 1.31 ft thence N 890 by Mr. Niles L. Olson, Chairman, moves the 325 Commissioners Minutes Continued, December 2, 19/1 • Oakland County, Michigan, described as: said Twp., thence N. 88° 35' 20" W 41.94 ft thence Southerly 56.07 ft. along a curve to E 55,98 ft. thence N 0° 10' 10" E 54.03 ft, to Also land in N.E. 1/4 of Sec. 34, Commer(se commencing at S.E. Cor. of lot/746 n Supervisors Fla;,. to place of beginning, thence N 88 - 35' 20" W 13.63 ft., the left of radius 330,80 ft. and chord of 5 13 6 'df° 4u" point of beginning. Also part of Cot 46, Supervisors P , described as: commencing at the S.F. corner g ' beginning, thence N 0 ° 20' E 429.5 alon J. Road, thence S 82° 52' 20" W 6C. .. along ! • to the P.C. of a curve to the left - radius o 04' 40" E. 60.0 ft. to the point of teginniug," The Transportation and Atiation adoption ot the foregoing resolution, dRi--T..ITlON AND AVIATION COMMITTEE Niles I. aVon, Chairman Moved by Olson supported by Coy the resolution be au:opted. AYES: Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Harrison, Horton, Houghten, Kasper, Lennon, Mathews, Olson, Perinoff, Pernick. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Moved by Olson supported by Dearborn the resolution regarding the Inter-County Highway Commission Contract, listed on the agenda, be tabled until the next meeting. A sufficient majority having voted therefor, the motion carried. The Chairman announced that the Notice to discharge the Finance Committee from consideration of release of SEMTA funds, presented at the last meeting, has been disposed of since the last meeting. Discussion followedregarding Resolutions #5826 and #5831 relative to school bussing. Mr. Aaron reported that the Public Protection and Judiciary Committee considered the resolutions and referred their recommendations to the Human Resources Committee and Legislative Committee. Mr. Mathews reported that the Human Resources Committee considered the resolutions but were unable to obtain sufficient votes to refer this matter to the other- committees. Mr. Pernick reported that the Legislative Committee will review the resolutions and report later. Mr. Kasper gave notice that, at the next meeting of the Board, he will make a motion to discharge the Human Resources and Legislative Committees from consideration of Resolutions #5826 and #5831. Misc. 5878 By Mr. Barakat IN RE: ACQUISITION OF LAND FOR NATURE AND ENVIRONMENTAL STUDIES To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the headwaters of the River Rouge lie in a 166-acre hardwood forested natural area northwest of the intersection of northbound la75 access road and Adams Road in Bloomfield Township, generally called the Adams Woods; and WHEREAS public access to the headwater area can only be gained through public ownership of the surrounding natural area; and WHEREAS the entire I66-acres woodland, wet meadow and river gorge comprise an excellent site for an environmental study laboratory and an inservice teacher training facility; and WHEREAS an evaluation study of the site by Byron Ashbaugh, Chief of Outdoor Education Services, Genesee County Parks and Recreation Commission, indicates that the Adams Woods is ideally suited as an outdoor laboratory facility by virtue of its widely varying topography and natural features; and WHEREAS Genesee County owns, staffs and maintains a 367-acre natural area, For-Mar Nature Preserve and Arboretum, including a portion of Kearsley Creek, East of Flint, which is utilized largely by teachers and school classes of Genesee County on weekdays, and by the public on Saturdays and Sundays; and WHEREAS Bloomfield Township supervisor Homer Case in a signed statement dated January 12, 1971, advised favoring "A park in Section 1, North of 1-75, West of Adams Road in Bloomfield Township, such as For-Mar Nature Preserve in Genesee County"; and WHEREAS such environmental learning facilities for student visitation, teaching training and public enlightenment are essential in achieving a cross-cultural approach to environmental awareness; and WHEREAS no federal, state, metropolitan authority or county park land exists in the southeast quarter of Oakland County where the population density is greatest; and WHEREAS residents and taxpayers of southeast Oakland County paid $790,931.05 in the 1/4 mill 326 Commissioners Minutes Continued. December 2, 1971 levy for Parks and Recreation in 1970, and this figure represents 66.76% of the total paid in the entire County; and WHEREAS more than 5,000 Southeast Oakland County residents have signed petitions asking for preservation of The Adams Woods; and WHEREAS Oakland County's ten most urbanized cities, Southfield, Pontiac, Royal Oak, Troy, Oak Park, Birmingham, Madison Heights, Ferndale, Hazel Park and Berkley, are all in the Southeast quarter of the County; and WHEREAS taxpayers of the ten most urbanized cities paid $628,408.82 or 53.04%, of the 1/4 mill levy for Parks and Recreation in 1970; and WHEREAS The Adams Woods is strategically located and accessible to the ten named cities by main travel arteries, 1-75, U. S. 24 and U. S. 10; and WHEREAS Parks and Recreation authorities recognize that nature preserves and environmental learning facilities cannot achieve a self-sustaining status on a fee system basis as can some purely recreational park facilities; and WHEREAS a policy of providing only parks that can be self-sustaining on a fee system basis is tantamount to a policy of denying Southeast Oakland County of any natural areas since no sites exist in that area large enough to support active, fee-producing recreation in addition to a natural area; and WHEREAS according to Kenneth L. VanNatta, Director of Oakland County Parks and Recreation Commission, as stated in a letter of February 9, 1971, to Marjorie M. Walker, "This commission is responsive to the need and heartily in accord with the statements contained in your proposal," that proposal being a request that the commission acquire The Adams Woods and maintain it as an educational center and natural area. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners requests the Oakland County Parks and Recreation Commission to acquire, in the name of the County, approximately 166 acres of wooded area in Section 1, Bloomfield Township, located North of 1-75 and West of Adams Road, for the preservation of said area as a preserve, wild life area and to be used by the citizens of Oakland County for nature and environmental studies. Mr. Chairman, I move the adoption of the foregoing resolution. Joseph L. Barakat County Commissioner District #5 The resolution was referred to the Local and Regional Affairs Committee and Planning and Buiiding -Committbe. There were no objettions. Moved by Perinoff supported by Gabler the Board adjourn until December 16, 1971 at 9:30 A. M. A sufficient majority having voted therefor, the motion carried. The Board adjourned at 10:50 A. M. Lynn D. Allen William M. Richards Clerk Chairman