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HomeMy WebLinkAboutMinutes - 1970.01.22 - 7606289 OAKLAND COUNTY Board Of Supervisors MEETING January 22, 1970 Meeting called to order by Chairman Robert F. Patnales at 10:05 A.M. in the County Center Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Aaron, Bawden, Benson, Brennan, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin, Mathews, O'Brien, O'Donoghue, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Szabo, Wilcox. (26) ABSENT: Walker (I) Quorum present. Invocation given by James Mathews. Clerk read card of thanks from Mrs. William Richards. (Placed on file.) Clerk read letter from the Department of Agriculture concerning the apiary inspection program. (Placed on file.) Clerk read letter from Lino A. Romero, M.D., Director of Oakland County Community Mental Health Services Board, recommending changes in state laws. (Referred to Human Resources Committee.) Clerk read lettey from Richard A. Cluthe complimenting Mr. Terry Cranston, pilot of the Sheriff Department's helicopter. (Placed on file.) Misc. 5264 By Mr. Richardson IN RE:ELECTRICAL DISTRIBUTION SYSTEM To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution No. 5159, authorized the Design Drawings and Specifications of Phase II of the Primary Electrical Distribution System in the Oakland County Service Center; and WHEREAS the final Design Drawings and Specifications for Phase II of the Primary Electrical System have been prepared by Hyde and Bolabio; and WHEREAS the final Design Drawings and Specifications for Phase II of the Primary Electrical System have been reviewed by the Planning, Zoning and Building Committee; and WHEREAS your Committee recommends the approval of the Design Drawings and Specifications of the Primary Electrical System, Phase II; NOW THEREFORE BE IT RESOLVED that the Design Drawings and Specifications of the Primary Electrical System, Phase II, prepared by Hyde and Bobbio, as submitted, be and they are hereby approved; BE IT FURTHER RESOLVED that the project be advertised and bids received on February 25, 1970, at 2:00 P.M., pursuant to the Rules of Procedure of this Board, and that a Report thereon be made to this Board after receipt and tabulation of such bids. Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption of the foregoing resolution. PLANNING, ZONING & BUILDING COMMITTEE E. Frank Richardson, Chairman Mahlon Benson, Jr., Charles B. Edwards, Jr., Paul E, Kasper Carl W. O'Brien, Niles E. Olson, Alexander C. Perinoff Moved by Richardson supported by O'Brien the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. The Clerk presented to the Board a letter from the County Drain Commissioner stating that a resolution has been adopted by the Drainage Board for the Halfpenny Drain authorizing the issuance of drain bonds for the Halfpenny Drain in the amount of $1,590,000 and requesting the Board of Supervisors to adopt a resolution to pledge the full faith and credit of the County of Oakland as secondary security for the prompt payment of said Drain Bonds. By unanimous consent the said communication was ordered filed with the Clerk. Misc. 5265 IN RE: HALFPENNY DRAIN BONDS The following resolution was offered by Mr. Horton and seconded by Mr. Richardson. WHEREAS proceedings have been taken by the Statutory Drainage Board for the location, establishment and construction of the Halfpenny 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 on May 17, 1968; and 290 Supervisors Minutes Continued, January 22, 1970 WHEREAS the said Halfpenny Drainage Board by resolution adopted on December 1, 1969, authorized and provided for the issuance of bonds in the aggregate principal amount of $1,590,000 in anticipation of the collection of an equal amount of special assessments against the City of Troy and County of Oakland as their respective shares of part of the cost of said drain, said special assessments having been theretofore duly confirmed by said Drainage Board; and WHEREAS said bonds are to be designated the Halfpenny Drain Bonds, are to be dated April 1, 1970, will bear interest at a rate not exceeding 87, and will be subject to redemption prior to maturity in accordance 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 of 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 installment 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 indebted- ness, 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 BOARD OF SUPERVISORS OF THE COUNTY OF OAKLAND, MICHIGAN: 1. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain Code of 1956, as amended, the Board of Supervisors of the County of Oakland does hereby irrevocably pledge the full faith and credit of the County of Oakland and does agree that in the event the City of Troy or the County of Oakland shall fall or neglect to account to the County Treasurer of the County of Oakland for the amount of any installment and interest for the Halfpenny Drain, when due, then the amount thereof shall be immediately advanced from County Funds, •and the County Treasurer is directed to im- mediately 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 proceedings 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. PUBLIC WORKS COMMITTEE harry W. Horton, Chairman Mahlon A, Benson, Jr., Thomas H. O'Doneghue George N. Grba, William M. Richards E. Frank Richardson Moved by Horton supported by Richardson the resolution be adopted. Discussion followed. Mr. Horton requested that Daniel W. Barry, Drain Commissioner, be allowed to speak to the Board. There were no objections. Mr. Barry spoke to the Board, Discussion followed. Moved by Powell supported by O'Brien the resolution be amended to change the provision with regard to interest only, and that this be amended to read "77 maximum rate". Discussion followed. Vote on amendment; AYES: Bawden, Brennan, Gabler, Crba, Mathews, O'Brien, Olson, Powell. (8) NAYS: Aaron, Benton, Coy, Edwards, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin, O'Donoghue, Patnales, Perinoff, Pernick, Richards, Richardson, Szabo, Wilcox. (18) A sufficient majority not having voted therefor, the amendment lost. Vote on resolution: AYES: Aaron, Bawden, Benson, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Mainland, mastin, Mathews, O'Brien, O'Donoghue, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Szabo, Wilcox. (24) NAYS: Brennan, Olson. (2) A sufficient majority having voted therefor, the resolution was adopted. 29 1 Saperv ,, Minutes Contiaaed. joaaary 22, 1970 Misc. 5266 By Mr. Horton IN RE: SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM POLLUTION ABATEMENT To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS the Board of Supervisors of Oakland County by Miscellaneous Resolution No. 1923 adopted on April 21, 1942, as subsequently amended, the last of which amendments was by Miscellaneous Resolution No. 3399 adopted on July 21, 1958, did authorize and direct that there be established, maintained and operated under the provisions of Act No. 342 of the Public Acts of 1939, as amended, and any other applicable acts, a system of sewer and sewage disposal improvements and services for the purpose of disposing of sewage from a district to be known as the "Southeastern Oakland County Sewage Disposal District" and consisting of the territory described in said Miscellaneous Resolution No. 3399, which district is sometimes hereinafter referred to as the "district", and WHEREAS said system is known as the "Southeastern Oakland County Sewage Disposal System"; and WHEREAS the County Drain Commissioner was designated as the agency of the county in connection with the establishment, maintenance and operation of the Southeastern Oakland County Sewage Disposal System and as the person who shall have supervision and control of the management and operation of said system; and WHEREAS the Water Resources Commission of the State of Michigan has ordered the municipalities comprising the Southeastern Oakland County Sewage Disposal District and the Oakland County Drain Commissioner as county agency pursuant to the provisions of Act No. 342 of the Public Acts of 1939, as amended, to abate pollution of the Red Run Drain; and WHEREAS in order to abate pollution of the Red Run Drain it is necessary to extend, enlarge and improve the said Southeastern Oakland County Sewage Disposal System by the acquisition and con- struction of pollution control facilities. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, MICHIGAN, as follows: 1. That the Oakland County Drain Commissioner as County Agency pursuant to provisions of Act No. 342 of the Public Acts of 1939, as amended, is hereby authorized and directed to obtain plans, specifications and an estimate of cost for such project or projects as may be necessary to provide additional pollution control facilities for the Southeastern Oakland County Sewage Disposal System and to draft a contract between said county agency and the municipalities comprising the Southeastern Oakland County Sewage Disposal District, to serve as the basis for the acquisition of said facilities and the issuance of bonds to finance the cost thereof. 2. That said County Drain Commissioner shall have such powers and duties as are conferred upon him by law and especially by the provisions of Act No. 342 of the Public Acts of 1939, as amended, provided that he shall not have any authority to create any liability of any kind upon the County of Oakland un- less authorized by this Board of Supervisors. Mr. Chairman, on behalf of the Public Works Committee, I move the adoption of the foregoing resolution. PUBLIC WORKS COMMITTEE Harry W. Horton, Chairman Manion A. Benson, Jr., Thomas H. O'Donoshue George N. Orbs-, E. Frank Richardson Moved by Horton supported by Benson the resolution be adopted. Discussion followed. Mr. Horton requested that Daniel W. Barry, Drain Commissioner, be allowed to speak to the Board. There were no objections, Mr. Barry addressed the Board. Discussion followed. Moved by Aaron supported by Richards the resolution be tabled until the next meeting. The Chairman called for a division or the question of tabling the resolution. Seven voted in favor of tabling the resolution and twelve were opposed. The motion to table the resolution lost. Moved by Powell supported by Bawden the question be called. A sufficient majority having voted therefor, the motion carried. Vote on resolution: AYES: Bawden, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin, Mathews, O'Brien, O'Donognue, Patnales, Perinoff, Powell, Richardson, Wilcox. (19) NAYS: Aaron, Brennan, Pernica, Richards, Szabo. (5) A sufficient majority having voted therefor, the resolution was adopted. Moved by Gabler supported by Mathews the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the motion carried. ZJZ Supervisors Minutes Continued. January 22, 1970 Misc. 5267 By Mr. Richards IN RE: AIR POLLUTION To the Oakland County Board of Supervisors Mr, Chairman, Ladies and Gentlemen: WHEREAS the continued growth of Oakland County has created and will continue to create a greater air pollution problem; and WHEREAS there is not presently a department within the County of Oakland to handle the air pollution control abatement program; and WHEREAS it is recommended that there be established an air pollution control department or a division within an existing department of Oakland County; NOW THEREFORE BE IT RESOLVED that a department or division of an existing department of Oakland County, be established for the purpose of air pollution control abatement within Oakland County. Mr. Chairman, I move the adoption of the foregoing resolution. William M. Richards, Philip 0. Mastin, Jr. Albert F. Szabo, Charles B. Edwards, Jr. James M. Brennan, Niles E. Olson William L. Mainland, Lew L. Coy Fred D. Houghten Moved by Richards supported by Szabo the resolution be referred to the human Resources Committee. A sufficient majority having voted therefor, the motion carried. Misc, 5268 By Mr. Grba IN RE: AIR POLLUTION CONTROL AND ABATEMENT To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: The fast growth of Oakland County has been bountiful, in many respects, to all its people. The ideal aspects of an environment are found within Oakland County: jobs, homes, commercial-industrial activity, and recreational means are present so that they complement and reinforce each other. The urbanization of the County in its various aspects also creates problems. One such problem is air pollution. This subject has received very little attention before. Now it is considered such a threat that will become a dooms-day menace that will affect the whole world, or what we call civilization as we know it today. The next few years will be crucial to our lives and our future generation; to the air we breathe today and our health and the well-being of our off-spring tomorrow. The recent action of Federal and State Agencies by enforcement citations will force local governments into a scatter-gun, piece-meal approach to the problem. Then it will become apparent that a regional approach is necessary to this problem. County government is big enough in land mass, tax base, resource material, and trained people to cope with this problem and is a representative form of government responsive to its own people. To avoid the scatter-gun approach we must develop and provide the orderly and effective control of this problem consistent with the economic well-being of Oakland County. That the County Board of Supervisors should develop a study of air pollution; its scope, available information within this region, the Detroit Region with its inter-related problems, agencies, the present community participation, the present method of funding, the available funds and grants that can be applied to this problem, and the legal problems the County will encounter in dealing with this problem. THEREFORE BE IT RESOLVED that the County of Oakland study and develop an effective program of Air Pollution, and our major objectives should be: 1. Systematic and orderly development of a single pollution control system for Oakland County. 2. The necessary administrative and financial capability to develop with the growth and welfare of the County. 3. To insure the well-being and continued uninterrupted growth and progress within Oakland County and that all communities would be represented by the County Board of Supervisors through this new Board. Mr. Chairman, I move that this resolution be referred to the Regional Affairs Committee so that it can report back to this Board or its appropriate Committees what has been done by others on the follow- ing subjects: I. Area Wide Approaches - Relationship of air pollution management to environmental quality control; need for an area-wide approach to insure a comprehensive program; advantages of intergovernmental cooperation. 2. Legal Authority - Authority needed by County government to implement State and Federal laws; adoption of rules and standards for regulation of public and private operations. 3. Planning - Who plans, the planning process, financing the plan, new tools, and implementation. 4. Organization - Operating responsibilities, local governmental functions, and organizational structure. 5. Design and Operation - Collection, storage, transfer, processing and method of disposal. 6. Financing - Revenue sources: taxes, bonds, loans, grants, service charges, financial planning, 7. Technical and Financial Assistance - Dependent upon Federal and State and private technical assistance and research; available sources- Technical and Financial. 8. Citizen Support - Need for public support, sources of opposition, communicating through the media; effective governmental action speaks louder than words, George N. Grba, District #20 Supervisor Mr. Grba requested that the resolution be referred to the Regional Affairs Committee. There etc. etc. 293 Supervisors Minutes Continued, January 22, 1970 Moved by O'Brien supported 6y Grbe that the Board refer to the Committee on Committees the salary structure for the new Board to be seated January 1, 1971, and further that the salary structure be: Base salary-$6,000 For each meeting of the Board, a regular standing committee, a special committee or select committee - $35.00 per diem A sufficient majority having voted therefor, the motion carried. Moved by Powell supported by Gabler that the matter of interest rates and a study of the same, with emphasis placed upon municipal and public obligations, be made by the Finance Committee and that the committee make a report to this Board of its findings and facts relative to such interest rates, and the prospects for the interest market relative to private and public obligations and make such recommendations to this Board as their findings may direct. A sufficient majority having voted therefor, the motion carried. Moved by O'Brien supported by Szabo that the Board adjourn to February 5, 1970 at 9:30 A.M. A sufficient majority having voted therefor, the motion carried, The Board adjourned at 11:32 A.M. Lynn D. Allen Robert F. Patnales Clerk Chairman