HomeMy WebLinkAboutMinutes - 1962.12.20 - 7707December 20, 1962
OAKLAND COUNTY
Board Of Supervisors
MEETING 347
Meeting called to order by Chairman Delos Hamlin.
Invocation given by Homer Case, Bloomfield Township Treasurer.
Roll called.
PRESENT: Allerton, Alward, Archambault, Bachert, Beamer, Beecher, Bloe, Bonner, Calhoun,
James Carey, John Carey, Charteris, Cheyz, Clack, Clarkson, Cooley, Cummings, Davis, Dickens,
Dohany, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Fouts, Frid, Gabler, Goodspeed, Hagstrom,
Hall, Hamlin, Heacock, Hoard, Horton, Huber, .Wallace Hudson, Wm. Hudson, Hulet, Hursfall, Jackson,
Johnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald Majer, Marshall,
McAleer, McCartney, McGovern, Melchert, Mercer, Miller, Mitchell, Moore, Noel, OlDonoghue,Oldenburg,
Osgood, Potter, Rehard, Remer, Rhinevault, Slavens, Smith, Solley, Tiley, Tinsman, Voll, Webber,
Wood, Yockey. (77)
ABSENT: Rrickner, Demute, Dewan, Ewart, Forbes, Ingraham, Menzies, Semann. (8)
Quorum Present
Moved by Miller supported by Tiley reading the minutes of the previous meeting be waived.
A sufficient majority having voted therefor, the motion carried.
The Clerk presented the notice of this meeting with his affidavit as to the mailing of
said notice, which notice and affidavit are as follows:
NOTICE OF REGULAR MEETING
To the Members of the Board of Supervisors of the County of Oakland, State of Michigan
NOTICE IS HEREBY GIVEN that a regular meeting of the Board of Supervisors of the County
of Oakland, State of Michigan ) will be held Thursday, December 20, 1962 at 9:30 o'clock A. M.,
EST, in the Supervisors Room in the Court House Office Building, #1 Lafayette Street, Pontiac,
Michigan, pursuant to the following motion adopted at the December 1,3, 1962 meeting of the Board.
"Moved by Rehard supported by Hall the Board adjourn until December 20, 1962, at
9:30 A. M."
This is the sixth meeting of the September Session of the Oakland County Board of
Supervisors. The previous meeting was adjourned to December 20, 1962.
Signed: Daniel T. Murphy
Oakland County Clerk and Register of Deeds
PROOF OF MAILING
STATE OF MICHIGAN)
COUNTY OF OAKLAND) S
Daniel T. Murphy, being first duly sworn, deposes and says that he is the County Clerk
and Register of Deeds of Oakland County and Clerk of the Board of Supervisors for Oakland County
and that he served a true copy of the foregoing notice on each member of the Board of Supervisors
of Oakland County, Michigan by enclosing the same in an envelope properly sealed, sufficiently.
stamped, and plainly addressed to such member at his last known address and depositing the same
in the United States mail at Pontiac, Michigan.
Signed: Daniel T. Murphy
Oakland County Clerk and Register of Deeds
Subscribed and sworn to before ffle this 13th day of December 1962
Signed: Julia Maddock, Notary Public, Oakland County, Michigan
My commission expires November 16, 1964
Clerk read letter from the U. S. Department of Commerce Area Redevelopment Administration
requesting the Chairman to appoint an Overall Economic Development Program Committee. (The Chairman
stated that the Planning Commission would qualify as the Committee.)
Moved by Goodspeed supported by Dickens the letter be referred to the Planning Commission.
A sufficient majority having voted therefor, the motion carried.
Misc. 4082
By Mr. Tiley
IN RE: PROPOSED DETACHMENT OF TERRITORY FROM THE VILLAGE OF BINGHAM FARMS AND FOR ANNEXATION
OF SAID TERRITORY TO THE VILLAGE OF BEVERLY HILLS
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen: .
WHEREAS certain qualified electors resident in the Village of Hingham Farms and the
Village of Beverly Hills and persons collectively holding record legal title to more than one-
half of the area of the land, exclusive of streets, lying within the territory proposed to be
detached and annexed, have petitioned this Board, pursuant to the provisions of Act 27S of the
Public Acts of 1909, as amended, to detach the territory described below from the Village of
Bingham Farms and annex it to the Village of Beverly Hills, and
348
Supervisors Minutes Continued. December 20, 1962
WHEREAS your Committee has found the petitions qualify as to form and sufficiency,
NOW THEREFORE BE IT RESOLVED:
1. That the petition containing the following described property, to-wit:
Part of the SW 1/4, Section 4, T1N, Ri0E, Southfield Township, Oakland County,
Michigan described as:
Beginning at the center of Section 4 thence S 3°22' E. 501.24 feet along the
North-South 1/4 line; thence S 88°24' W. 800.00 feet parallel with and 501.00
feet South of the East-West 1/4 line; thence N 3°22' W. 501.24 feet to a point
on the East-West 1/4 line; thence N 88°24' E. 800.00 feet along said 1/4 line
to the point of beginning. Containing 9.2011 acres.
be approved as to form and sufficiency and in compliance with Act 278 of the Public Acts of 1909,
as amended.
2. That the County Clerk take the necessary steps to submit the question of detaching
the territory described from the Village of Bingham Farms and annexing the same to the Village of
Beverly Hills at a Special Election to be held on the 11th day of March A. D. 1963 to the electors
in the district affected.
Mr. Chairman, on behalf of the Boundaries Committee, I move the adoption of the foregoing
resolution.
BOUNDARIES COMMITTEE
Thomas C. Tiley, Chairman
John Lessiter, Ralph S. Moore
John E. Noel, Seeley Tinsman
Moved by Tiley supported by Lessiter the resolution be adopted.
AYES: Allerton, Alward, Archambault, Bachert, Beamer, Beecher, Bloe, Bonner, Calhoun,
James Carey, John Carey, Charteris,Cheyz, Clack, Clarkson, Cooley, Cummings, Davis, Dickens,
DohanY, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Fouts, Frid, Gabler, Goodspeed,
Hagstrom, Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, WM. Hudson, Hulet, Hursfall,
Jackson, Johnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Major,
Marshall, McAleer, McCartney, McGovern, Melchert, Mercer, Miller, Mitchell, Moore, Noel, O'Donoghue,
Oldenburg, Osgood, Potter, Rehard, Remer, Rhinevault, Slavens, Smith, Solley, Tiley, Tinsman, Voll,
Webber, Wood, Yockey. (77)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 4083
By Mr. Tiley
IN RE: ROCHESTER INCORPORATION AS CITY
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
Your Boundaries Committee respectfully reports that on the 26th day of September 1962,
a petition, duly signed by the proper number of qualified electors and freeholders, was filed
with the County Clerk praying for the incorporation of a portion of Avon Township and the Village
of Rochester ad the City of Rochester.
Your Boundaries Committee has examined the petition and found it to be sufficient as to
form and substance and recommends that the question of incorporation be submitted to the electors
at the Primary Election to be held on the 18th day of February 1963;
WHEREFORE, Mr. Chairman, I move:
1. That this Board, by adoption of this resolution, approve the form and sufficiency of
the petition above described;
2. That the County Clerk be directed to take the necessary steps pursuant to the pro-
visions of Act 279 of the Public Acts of 1909 as amended, to submit the question of incorporation
of the following described lands in the Township of Avon and the Village of Rochester, Oakland
County, Michigan, into the City of Rochester, to-wit:
All of the present Village of Rochester, Oakland County, Michigan, and portions
of the Township of Avon, Oakland County, Michigan, and are more particularly described
as follows:
Beginning at the Northeast corner of Section 12, T3N, R11E, Avon Township, Oakland
County, Michigan; thence westerly along the section line between Sections 1 and 12,
and between Sections 2 and 11, and between Sections 3 and 10, all of said Avon Township
to the west 1/8th line of said Section 10; thence southerly along the said 1/8th line
of said Section 10 to the northwest corner of the present Village of Rochester, which
corner is the center of the Northwest 1/4 of said Section 10; thence southerly along
the westerly boundary of the said Village of Rochester, which boundary is the westerly
1/8th line of Sections 10 and 15 of said Avon Township, to the southwest corner of the
said Village of Rochester, which corner is the southwest corner of the east 1/2 of the
northwest 1/4 of said Section 15; thence easterly along the south line of said Village
of Rochester, which line is the east and west 1/4 line of Sections 15 and 14 of said
Avon Township to the southeast corner of the said Village of Rochester, which corner
is the center of said Section 14; thence easterly along the east and west 1/4 lines
of said Section 14 and Section 13 of Avon Township to the east line of said Section
13; thence northerly along the east line of said Sections 13 and 12 of said Avon
Township to the point of beginning, which said boundaries include all of the present
Supervisors Minutes Continued. December 20, 1962 349
Village of Rochester and part of Sections 10, 13, 14 and 15 and all of Sections 11 and 12, Town 3
North, Range 11 East, Avon Township, Oakland County,Michigan";
3. That the date of the election on the above described incorporation be fixed as the
date of the Primary Election to be held on February 18, 1963.
Mr. Chairman, on behalf of the Boundaries of Cities and Villages Committee, I move the
adoption of the foregoing resolution.
BOUNDARIES OF CITIES AND VILLAGES COMMITTEE
Thomas C. Tiley, Chairman
John Lessiter, Ralph S. Moore
John E. Noel, Seeley Tinsman
Moved by They supported by Tinsman the resolution be adopted.
AYES: Allerton, Alward, Archamhanit, Bachert, Beamer, Beecher, Bloe, Bonner, Calhoun,
James Carey, John Carey, Charteris, Cheyz, Clack, Clarkson, Cooley, Cummings, Davis, Dickens,
Dohany, J. W. Duncan, Wm. Duncan, Durbin, Edward, Edwards, Fouts, Frid, Gabler, Goodspeed, Bagstrom,
Hall, Hamlin, Beacock, Hoard, Horton, Huber, WM! Hudson, Wallace Hudson, Hulet, Bursfall, Jackson,
Johnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Majer, Marshall,
McAleer, McCartney, McGovern, Melchert, Mercer, hiller, Mitchell, Moore, Noel, O'Donoghue,Oldenburg,
Osgood, Potter, Rehard, Berner, Rhinevault, Slavens, Smith, Solley, Tiley, Tinsman, Voll, Webber,
Wood, Yockey. (77)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Mr. Miller presented a resolution adopted by the Avon Township Board accepting the date
of February 18, 1963 for the proposed Rochester City Incorporation election.
Mr. Roy Rewold, Chairman of the Steering Committee for Incorporation of Rochester City,
stated that February 18, 1963 would be accepted as the date for the election by the Committee.
Misc. 4084
By Mr. Heacock
IN RE: SALE OF COUNTY OWNED LANDS
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
Your Buildings and Grounds Committee respectfully reports to the Board that pursuant to
Resolution #4028 and the By-Laws of the Board, it offered for sale on November 14, 1962, fifteen
parcels of land, of which seven parcels were sold, as follows:
Parcel 2. Lot 48 of Assessor's Plat 128, City of Pontiac, Oakland County, Michigan;
Parcel 3. Lot 1, Block 21, Phelps' Add. Sub, Village of Milford, Oakland County, Michigan;
Parcel 4. 1 acre of the S. 8 acres of N.W. 1/4 of the S.W. 1/4 Section 36, Springfield
Township, Oakland County, Michigan;
Parcel 5. 1.01 Acres of land, Waterford Township, Oakland County, Michigan, known as
7120 Elizabeth Lake Road;
Parcel 6. Lot 139 Auburn Gardens #2 Sub, City of Pontiac, Oakland County, Michigan;
Parcel 7. Lot 611 except S. 15 1 Ferry Farm Add. Sub, City of Pontiac, Oakland County,
Michigan;
Parcel 15. 6.3 acres, more or less, bounded on Westerly side by G.T.R.R. Belt line,
joins Dixieland Sub. on E'ly boundary;
A parcel of land in S.W. 1/4 Sec. 18 and N.W. 1/4 Sec. 19, T3N, R10E.
described as beginning at N 1/4 corner of Sec. 19, thence S. 8635'18" W.
along 1/4 line 484.36 ft; thence N 1 0 47'50" W. 397 ft; thence S. tOly on
S. E'ly right of way line of G.T.R.R. belt line to Oakland Ave.; thence S.
46°29'40" E. along Oakland Ave. 192.18 ft to Tallahassee Ave; thence along
N. line of Tallahassee Ave. to N. and S. 1/4 section line of Sec. 19; thence
N. 1 0 31'27" W. 125 ft to beginning. Being lots 149-168 inclusive also
vacated alley adjacent to Lots 161-168 Woodward Gardens Sub (now vacated);
3.8 acres, more or less.
Also: Part of N.W. 1/4 Sec. 19, T3N, R10E, beginning at a point distant S.
1'31.'27" E. 185.04 ft from N. 1/4 corner; thence S. 1 0 31'27" E. 194.71 ft;
thence S. 87°33'30" W. 589.37 ft to the N. E'ly line of Oakland Ave.;
thence N. 46°29'40" W. along N. E'ly line of Oakland Ave. 92 ft to the
S. Ply line of Tallahassee Ave; thence N. E'ly and E'ly along the Stly
line of Tallahassee Ave. to beginning. Being Lots 132-148 and alley
adjacent to Lots 132-138 of Woodward Gardens Sub (now vacated); 2.5 acres
more or less, in the City of Pontiac, Oakland County, Michigan;
said parcel 15 having been sold to Frank S. and Jeanette R. Slaybaugh, his wife.
The appraised value of the parcels was $22,650.00 and the parcels as listed above were
sold on land contracts for a total selling price of $34,600.00.
Mr. Chairman, I offer the following resolution:
BE IT RESOLVED that the action of the Board of Auditors and Buildings and Grounds Committee
in offering the aforementioned described lands for sale, pursuant to the By-Laws of the Board, be
hereby ratified and confirmed;
350
Supervisors Minutes Continued. December 20, 1962
BE IT FURTHER RESOLVED that the Chairman and Clerk of the Board be authorized to execute
the necessary conveyances to complete said sales.
Mr. Chairman, on behalf of the Buildings and Grounds Committee, I move the adoption of
the foregoing resolution.
BUILDINGS AND GROUNDS COMMITTEE
Luther Heacock, Chairman
Hugh G. Allerton, Jr., C. Hugh Dohany, Duane Hursfall
Leroy Davis, J. Wesley Duncan, Paul W. McGovern
Moved by Heacock supported by Alward the resolution be adopted.
AYES: Allerton, Alward, Archambault, Bachert, learner,
James Carey, John Carey, Charteris, Cheyz, Clack, Clarkson, Coole r.
Dohany, J. W. Duncan, Wm. Duncan, Durbin, Edward, Edwards, Fouts,
Hagstrom, Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Bud
Jackson, Johnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levins(
Marshall, McAleer, McCartney, McGovern, Melchert, Mercer, Miller,
Oldenburg, Osgood, Potter, Rehard, Remer, Rhinevault, Slavens, Smith,
Webber, Wood, Yockey. (77)
NAYS: None. (0)
ner, Bloc, Bonner, Calhoun,
ngs, Davis, Dickens,
..abler, Goodspeed,
n Hudson, Hulet, Hursfall,
'a, MacDonald, Majer,
1, Moore, Noel, O'Donoghue,
Lley, Tilev, Tinsman, Void,
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 4085
By Mr. Heacock
IN RE: CONTENTS OF CORNERSTONE BOX REMOVED FROM DOWNTOWN COURT HOUSE
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the cornerstone box as removed from the downtown Court House built in 1904, was
opened at the meeting of the Board on October 17, 1962, and
WHEREAS the minutes of said meeting of the Board report a complete list of the items
removed from said box, and
WHEREAS all of the items of the box have been turned over to the County Clerk for
safekeeping, and
WHEREAS several of the documents should be retained by the County and some of the other
items found in the box are to be turned over to various persons named or listed on such items, and
WHEREAS the Oakland County Historical Society has requested that the remainder of the
contents of the box be placed in its possession for preservation along with other historical
documents and records of the County;
THEREFORE BE IT RESOLVED as follows:
I. That the Buildings and Grounds Committee be authorized to select from the contents of
said cornerstone box such items as should be retained by the County and such other items as are
to be delivered or transferred to other persons.
2. That the Buildings and Grounds Committee be further authorized -a deliver the
remainder of the contents of such cornerstone box to the Oakland County H'- ''s for
custody and safekeeping with the understanding that when and if any other :-.•as of the contents
of the box are needed by the County for some of its purposes that the same v.11 be returned.
Mr. Chairman, on behalf of the Buildings and Grounds Corra"----, I move the adoption of
the foregoing resolution.
BUILDINGS AND GROUVD -
Luther Heacock, CLaL -
Hugh G. Allerton, Jr., L-rc:, ':avis, Duane
C. Hugh Dohany, J. Wesley Duncan, Raul W.
Moved by Heacock supported by Hursfall the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Hursfall
McGovern
laasc. 4086
By Mr. Allerton
IN RE: 1963 LEGISLATIVE PROGRAM
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
Your Legislative Committee herewith presents its recommendations for the County's 1963
Legislative Program.
Each item will be presented separately for your consideration.
1. An amendment to Section 45- of Chapter 84 of the Revised Statutes of 1846, as amended,
to authorize the Friend of the Court, in those counties which have a Friend of the Court, to
accept service of summons in divorce cases where there are children under 17 years of age.
At the present time the statute requires that this service be made upon the Prosecuting
Attorney who must tli -a file an appearance, although he has no other duties in counties where
there is a Friend of Cr)urt, the Friend of the Court having the responsibility to safeguard .
the interests of the a 7 ar children in those cases.
351 Supervisors Minutes Continued. December 20, 1962
Mr. Chairman, I move that Item 1 of the Legislative Program be approved.
Moved by Allerton supported by Miller that Item #1 be approved.
A sufficient majority having voted therefor, the motion carried.
2. An amendment to Section 9 of Act 279 of the Public Acts of i as amended (City
Home Rule Act) to require a separate vote on the question of incorporatien vecn the territory
proposed to be incorporated is comprised of a village and additional ten Jory having registered
electors residing therein.
This amendment would require a separate vote in the village and a separate vote in the
additional territory and a majority in favor in each in order to the proposed incorporation
become effective.
Mr. Chairman, I move that Item 2 of the Legislative Prce b. approved.
Moved by Ailerton supported by Miller that Item 1/2 be ap
A sufficient majority having voted therefor, the motion
3. A proposed resolution to establish a special committe,• egislature to
study and review existing county highway laws and report its findings and ,e•,raendations to the
Legislature in 1964..
This recommendation is presented as the result of a study made by your Legislative
Committee after reports of the Roads and Bridges Committee relative to financing highway
improvements on county local roads were made to your Committee this past
• Your Legislative Committee found that a complete study and re;.oe n - all of the
existing laws relative to financing highways in the county would be nee&o - rather than
piecemeal amendments to existing laws.
Mr. Chairman, I move that Item 3 of the Legislative Program be approved.
Moved by Allerton supported by Rehard that Item #3 he approved.
A sufficient majority having voted therefor, the motion carried.
4. An amendment to Act 185 of the Public Acts of 1957, as amended (County Public Works
Act) to amend certain sections of the act to clarify and expand definitions; to permit the county
to have an interest in water supply or sewage disposal system in a municipality which extends
outside of the county limits; to authorize the county by majority vote of the Board of Super-
visors to merge and combine two or more systems; to authorize the co-...,•• advance monies for
projects with or without interest; to authorize the county to plods. ;'•L:. :..iH and credit on
revenue bonds; to authorize county and municipality contracts fr:.............and sewer where limits of
the unit extend beyond the county; to set up procedures for spr--! il. assessments and perMit up to
30 installments and authorize hearings on special assessment re. :a; to authroize municipalities
or other public corporations either within or without the county to contract with the county
department of public works; to authorize the municipalities to contract with tbe county and
deduct sales tax monies to pay the county; to authorize local municipatitie. iy 3/5 vote of
the members elect of its governing body, to agree to advance funds to pa; Loac:ncies on
special assessments and be reimbursed by collection of delinquent specia a ...-osments or
reassessments of the district by the department of public works to • 1 a advanced by
the local municipality.
The foregoing is only a brief summary of this proposed , Tlie complete text
of the amendment is attached to this resolution and has also been I., each member of
the Board for study. This is similar to the amendment approved by ? f lost year, but
which failed to be adopted by the State Legislature since it included en .!.00d mine relative to
airports. The amendment this year does not include any reference to
Mr. Chairman, I move that Item 4 of the Legislative Program
Moved by Allerton supported by Miller that Item #4 be approved.
Discussion followed.
Moved by Yockey supported by Calhoun. that Item #4 be tabled until the January Session.
A sufficient majority having voted therefor, the motion carried.
5. Amendments to the Drain Code of 1956. These amendments are recnmmenied by the County
Drain Commissioner and since they are quite detailed, copies have been furnisi::n• :o each member of
the Board prior to this meeting. In brief, the amendments cover the followiee:
A. provision that the drainage board will not be bound by the exact lonto as set forth in
the plans and specificatlees or in the petition. It also provides that the drain ci lb.. C: St
thereof may be dividel in ., a: coral sections. It further provides that the apn -ell..,...:ent eeainst
the State shall be ups- '•..e fits and contributions based solely upon the stae the
district.
352
Supervisors Minutes Continued. December 20, 1962
A provision that the drainage board may contract with the federal government, any
private corporation or any public corporation in respect to any matter concerned with construction
operation or maintenance of any drain.
A provision that neither advertisements nor bids need be received where the work is to
be performed by the federal government or a public corporation.
A provision to raise the special assessment installments to 40 years but no installment
shall be less than 25% of any subsequent installment and the due date of each subsequent install-
ment shall be fixed by the drainage board.
A provision to clarify when the county pledges its full faith and credit on drainage
bonds pursuant to Chapter 20 (or Chapter 21). It states that the credit shall be pledged only
by a resolution of 2/3 of the members elect of the Hoard of Supervisors.
A provision that the drainage board may issue one or more series of bonds.
A provision that necessary administrative and operational costs not maeefed by contract
shall be assessed to the drainage district in the same manner that the original a:arc:anent was
established unless the drainage board shall establish a different apportionment and then give
notices and hearings as provided in Section 469 of Chapter 20 (Section. 521 of Chapter 21).
An amendment to provide a method of construction financing of drain projects with the
construction financing by the issuance of bonds being held up until the dre:n is completed and
the actual cost is known, at which time the special assessment roll can tLn te assessed and the
bonds issued for the exact amount. In large projects a combination of issaine bends and con-
struction borrowing can be used.
An amendment to eliminate the repetition in what constitutes the cost of a drain, to
clarify what constitutes the cost of a drain and to provide for interest on monies advanced
pursuant to Section 479 of Chapter 20 (Section 531 of Chapter 21).
An amendment to provide that branches can be added to existing drains and existing
drains may be filled where no longer necessary due to relocation of crossing.
An amendment to provide that branches may be added to new drains or existing drains and
that relief drains can include the types of improvements as set forth in Section 482 of Chapter
20 (Section 535 of Chapter 21).
Mr. Chairman, I move that Item 5 be approved as part of the County's 1963 Legislative
Program.
Moved by Allerton supported by McGovern that Item #5 be approved.
A sufficient majority having voted therefor, the motion carried.
6. An amendment to Act 77 of the Public Acts of 1962 to authirize the Board of Super-
visors by resolution to advance funds to the Prosecuting Attorney for eeeenses involved in
extraditing prisoners and procuring the attendance of necessary n.itra en criminal proceedings.
Under this amendment the Prosecuting Attorney would make an accoun'i-e et any funds advanced and
return any unused funds.
Act 77 whibh was passed by the Legislature this year and which becamEs effective 90
days after the Legislature adjourns authorizes advance of funds only to th.- iii
Chairman, I move that Item 6 of the Legislative Program be 6;'•fk
Moved by Allerton supported by Tiley that Item #6 be approved,
A sufficient majority having voted therefor, the motion carried,
7. A new bill to provide for the establishment and operation of community mental health
service programs and to provide for state matching funds for operation of these erograma which
are to be established by local governmental agencies.
This is similar to legislation which your Committee recommended ia c c. A special
Senate Committee in Michigan has spent two years studying acts now in effect ia New York. and
California and have proposed legislation to adapt them to this state.
Following is a list of the basic principles of the community mental health service act:
(a) The act is permissive; implementing the act is optional and voluntary with each county.
(b) Services which may be provided are: 1) Outpatient services for children and adults;
2) Short-term inpatient services; 3) Consultation services with community aeencies and schools;
4) Rehabilitation programs; 5) Day hospital services; 6) Day care treatreei.: 7) Group therapy;
8) Halfway houses; 9) Mental health services for Health Department; 10) C:oedination and training
responsibilities; and any other mental health services which would work for the benefit of disturbed
people.
(c) Where counties take advantage of the act, local mental health teard: .ae appointed by
the Chairman of the County Board of Supervisors, with specific community r,ne aomitden. This
representation includes the Health Department, Welfare Department, Medical Sa.e...y, Beard of
Education, Labor, Legal and other professions, clergy, lay citizen groups, and ethers,
(d) Functions of the local board are:
1. To identify areas of needed mental health treatment. service.- 1 • 2 ionlamnity,
2. To determine the priority of .needs, and take action to provide ervaces.
3. To carry the responsibility for raising sufficient local funds 're state matching
dollars. The local funds may come from the county general fund, pubtic or private
contributions, or the county may, by local referendum, levy a limited tax for
needed mental health services.
Supervisors Minutes Continued. December 20, 1962 353
4. Subject to rules and regulations of the Department of Mental Health, the local
board may establish and administer a service.
5. May arrange working agreements and contractual services with clinics and social
agencies, both private and public.
(e) The State Department of Mental Health shall establish standards of professional
practice, and approve local plans and budgets, and establish rules and regulations for carrying
out the intent of the Act.
(f) Geographic area of community mental health services shall be by county or multi-
county lines.
Your Legislative Committee recommends that the proposed Community Mental Health Services
Act be included as Item 7 of the County's 1963 Legislative Program, and i so move.
Moved by Allerton supported by Miller that Item #7 be approved.
Discussion followed.
A sufficient majority having voted therefor, the motion carried
8. Amendment to Act 177 of the Public Acts of 1925, as amended, to authorize the state
to reimburse the County for the maintenance and treatment of patients afflicted by tuberculosis
at the rate of 50% of the average patient per day cost in the sanatoria throughout the State of
Michigan.
This proposed legislation is recommended by the Tuberculosis Sanatorium Committee and
has been reviewed by and concurred in by your Legislative Committee. It is the subject. of a
separate resolution to be presented to the Board today by the Tuberculosis Sanatorium Committee,
and if approved will become a part of the County's 1963 Legislative Program.
Moved by Allerton supported by Kephart that Item #8 be approved.
A sufficient majority having voted therefor, the motion carried
All of the foregoing recommendations have been approved by the undersigned members of
the Legislative Committee.
LEGISLATIVE COMMITTEE
John G. Semann, Chairman
Hugh G. Allerton, Jr., William A. Ewart
Carl F. Ingraham, Cyril E. Miller
Misc. 4087
By Mr. Allerton
IN RE: LEGISLATIVE PROGRAM - SUPERVISORS INTER-COUNTY COMMITTEE
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
The Supervisors Inter-County Committee has presented to this Hoard for consideration, a
13 point Legislative Program for 1963. Your Legislative Committee has made a study- of these
proposals and now recommends approval in principal of the following 9
1. Mentally Ill Persons - County to receive credit for legal ol'••ation to pay for
hospitalization of patients for first year from date of initial commitmc.•, ia.ther than date of
final commitment and admission to state hospitals.
2. Tubercular Patients - Increase state contribution to equal 3u% of the average patient
per day cost in the Sanatoria throughout the state of Michigan.
3. Legislation to secure full acceptance by the state and/or Federal government for the
total cost of financing category cases (i.e.: Aid to Dependent Children, Aid to Blind, Aid to
Disabled, and Old Age Assistance).
4. Marriage License Fee - Increase from $2.00 to $5.00.
5. Amend Port District Act.
a. Change % of popular vote required to authorize bond issues from 60% to simple
majority in each affected county.
b. Permit Port Commission to accept gifts, grants and loans subject to approval
of majority of the Board of Supervisors.
6. Circuit Court Judges - Request of Wayne County to increase number by five, is a
matter of concern to Wayne County, and Oakland County has no objection.
7. Veterans Funeral Expenses - Reimbursement by County - to pay $200 upon showing that
funeral bill is $1,000 or less, with It year resident requirement.
8. Prohibit Municipal Income Tax - from being levied on other than their own residents.
This is already the expressed policy of Oakland County as stated in a resolution adopted by the
Board of Supervisors on May 1, 1961.
9. Mobile Homes - Subject to same general tax laws as real property
Your Committee recommends that the following 4 items of the Inter-County Legislative
program be held for further study:
1. Amend the Social Welfare Act to provide that hospitalization costs for afflicted
adults shall be included in the state welfare matching formula. Refer to Welfare Committee for
report.
354
Supervisors Minutes Continued. December 20, 1962
2. Recovery of Costs - Legislation permitting recovery of public assistance and welfare
costs, including hospitalization from recipient and/or relatives subsequently able to pay. Refer
to Welfare Committee for report.
3. Regional Planning Commission - $100,000 for matching Grants-in-Aid from State. Refer
to Legislative Committee for further study and report.
4. Increase Fees - Court filing and other fees. Hold for report from Michigan State
Association of Supervisors special committee which is making a study of fees.
Mr. Chairman, on behalf of the members of the Legislative Committee, I move that the
foregoing recommendations be approved, and that a copy of this resolution be forwarded to the
Supervisors Inter-County Committee and the State Association of Supervisors.
LEGISLATIVE COMMITTEE
John G. Semann, Chairman
Hugh G. Allerton, Jr., William A. Ewart
Carl F. Ingraham, Cyril E. Miller
Moved by Allerton supported by Miller the resolution be adopted.
Mr. Wallace Hudson opposed Item 5 a. and Item 7.
Moved by Wallace Hudson supported by Huber the resolution be amended to delete Item 5 a.
AYES: Alward, Bloc, Bonner, Calhoun, James Carey, Charteris, Clack, Clarkson, Cummings,
Dickens, Wm. Duncan, Edward, Frid, Heacock, Hoard, Horton, Huber, Wallace Hudson, WM. Hudson,
Jackson, Johnson, Love, MacDonald, Mercer, Mitchell, Moore, OtDonoghue, Osgood, Potter, Remer,
Smith, Tinsman, Yockey. (33)
NAYS: Allerton, Archambault, Bachert, Beamer, Beecher, John Carey, Cheyz, Cooley, Davis,
Dohany, J. W. Duncan, Durbin, Edwards, Fouts, Gabler, Goodspeed, Hagstrom,Hall, Hamlin, Hulet,
Hursfall, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Majer, Marshall, McAleer, McCartney,
McGovern, Melchert, Miller, Noel, Oldenburg, Rehard, Rhinevault, Slavens, Solley, Tiley, Von,
Webber, Wood. (44)
A sufficient majority not having voted therefor, the motion lost.
Discussion followed relative to Item 4 (Marriage License fee).
Moved by Marshall supported by McCartney that Item 4 be held for further study and be
included in the paragraph entitled "Increase fees".
A sufficient majority not having voted therefor, the motion lost.
Vote on adoption of resolution:
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 4088
• By Mr. Kephart :.••.,
IN RE: STATE REIMBURSEMENT TO COUNTIES FOR ARE OF TUBERCULOSIS PATIENTS
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
At the November 7, 1962 meeting of the Board a resolution of the Genesee County. Board of
Supervisors was referred to your Tuberculosis Sanatorium Committee for study. This resolution.
proposes an amendment to the existing law (Act 177, P. A. 1925, as amended) for State reimbursement
to counties operating a tuberculosis hospital or sanatoria. Under the present law the State pays
$4.00 per day toward the cost of care and treatment of such patients, which amount was set several
years ago and is grossly inadequate to meet the increased cost of treatment of patients afflicted
with tuberculosis.
During the past several years amendments to this law have been proposed whereby the
state would pay 50% of the cost of the treatment of such patients. When the present amount of
reimbursement was set by the Legislature, the $4.00 represented 50% of the per patient day cost
but at the present time amounts to about 19% of the total cost of patient care.
Genesee County proposes that the reimbursement by the state be 50% of the average patient
per day cost in the sanatoria throughout the state for the maintenance and treatment of patients
afflicted with tuberculosis.
Your Tuberculosis Sanatorium Committee at a meeting on November 29, 1962, in joint session
with the Board of Trustees of the Oakland County Tuberculosis Sanatorium, reviewed this proposed
legislation and adopted a resolution recommending that Oakland County support this amendment in
the 1963 Session of the State Legislature.
Mr. Chairman, 1 offer the following resolution:
BE IT RESOLVED that Oakland County support an amendment to Act 177 of the Public Acts
of 1925, as amended, at the 1963 session of the State Legislature whereby the reimbursement by
the state to the counties for the maintenance and treatment of patients afflicted by tuberculosis
shall be 50% of the average patient per day cost in the sanatoria throughout the state of Michigan;
Supervisors Minutes Continued. December 20, 1962 355
BE IT FURTHER RESOLVED that this proposed legislation which has already been reviewed
by the Legislative Committee of the Board be included in the 1963 County Legislative Program.
Mr. Chairman, on behalf of the Tuberculosis Sanatorium Committee, and with the concurrence
of the Legislative Committee, I move the adoption of the foregoing resolution,
TUBERCULOSIS SANATORIUM C012,11TTEI
Elmer Kephart, Chairman
Oscar Reamer, Wm. T. Duncan
Vernon Edward, John Slavens
Moved by Kephart supported by Slavens the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 4089
By Mr. Levinson
IN RE: BOND-DEPUTY COUNTY TREASURER
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Act No. 115 of the Public Acts of 1958 (M.S.A. 5.653) nouires each Deputy
County Treasurer or other employee to execute and file an official bond, ' or individual bond,
for the faithful performance of their duties in such amount, form and ma:iier as shall be prescribed
by the Board of Supervisors, and
WHEREAS the County Treasurer has recommended that the bond of the Chief Deputy be fixed
in the amount of $300,000.00,
NOW THEREFORE BE IT RESOLVED that the bond of the Chief Deputy Treasurer of Oakland County
be fixed in the amount of $300,000.00 to run to the Hoard of Supervisors and the People of the
State of Michigan;
BE IT FURTHER RESOLVED that the cost of the bond be paid from the General Fund of the
County.
Mr. Chairman, on behalf of the Ways and Means Committee, I move the adoption of the
foregoing resolution.
WAYS AND MEANS COMMITTEE
David Levinson, Chairman
John L. Carey, R. C. Cummings, Arno L. Hulet
Thomas H. O'Donoghue, Frank J. Voll, Sr.
Moved by Levinson supported by Alward the resolution be adopted.
AYES: Allerton, Alward, Archambault,' Bachert, Reamer, Beecher, Bice, limner, Calhoun,
James Carey, John Carey, Charteris, Cheyz, Clack, Clarkson, Cooley, Cummings, Davis, Dickens,
Dohany, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Fouts, Frid, Gabler, Goodspeed, Hagstrom,
Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, Wm, Hudson, Hulet, Hursfall, Jackson,
Johnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Maier, Marshall,
McAleer, McCartney, McGovern, Melchert, Mercer, Miller, Mitchell, Moore, Noel, O'Donognue, Oldenburg,
Osgood, Potter, Rehard, Remer, Rhinevault, Slavens, Smith, Solley, They, Tinsman, Von, Webber,
Wood, Yockey. (77)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 4090
By Mr. Levinson
IN RE: TRANSFER OF FUNDS TO CAMP OAKLAND AND CHILDREN'S CENTER
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
The Salaries Committee and the Board of Auditors have brought to the attention of your
Ways and Means Committee two matters which they recommend and which, if approved by the Board,
will require the transfer of funds to the budgets for Camp Oakland and the Children's Center
(including Youth Home) for 1963 as follows:
1.. The State Legislature this year adopted Act 37 which requires equal pay for men and
women performing like duties. Recently the federal government adopted a similar law. The Personnel.
Division has conducted a review of the County's positions which indicates that this new law will,
affect the Children's Supervisors at our child care facilities where the County is presently paying
male employees who work with boys $300.00 per year more than is being paid female employees per-
forming the same functions with girls. In order for the County to comply with the requirements of
Public Act 37, it will be necessary to increase salary expenditures as follows:
Department No. of EMployees Extra 1963 Cost
Camp Oakland 5 $1,500
Children's Center 28 ' 9,446
(including Youth Home)
33 Total $10,946
2. That employees of Camp Oakland who are required to stay overnight at the Camp in
addition to working their normal 5-hour shift be reimbursed at the rate of $3.00 per night
beginning January 1, 1903 for this extra time, with the provision that no employee be compensated
for more than 3 nights in any one week,
356
Supervisors Minutes Continued. December 20, 1962
According to the report presented by the Board of Auditors to the Salaries Committee,
there are three programs at Camp Oakland:
(a) Boys' Ranch - 20 boys
(b) Girls/ Ranch - 16 girls
(c) Work Education - 17 boys
If this recommendation is approved, it would save the hiring of employees to provide night coverage
at the Camp. One employee would cover each program for each of the 7 nights of the week and the
total cost for 1963 would be $3,000.
These recommendations were considered by the Ways and Means Committee at a meeting on
November 5, 1962 and a resolution was adopted recommending to the Hoard that these two recommenda-
tions as presented by the Salaries Committee be approved effecti ,; January 1, 1963.
In order to carry out these programs, it will be nece:, to transfer $4,500.00 to
Camp Oakland budget and $9,446.00 to the Children's Center budg:, a total of $13,946.00.
Mr. Chairman, I offer the following resolution:
BE IT RESOLVED that the recommendation of the Salarie .,:ittee to provide equal pay
for women employees pursuant to Act 37 of the Public Acts of 196:: . approved effective January 1,
1963;
BE IT FURTHER RESOLVED that the recommendation of the &aries Committee to reimburse
employees of Camp Oakland who are required to stay overnight at the Camp in addition to working
their normal 8 hour shift be approved;
BE IT FURTHER RESOLVED that the sum of $13,946.00 be transferred from the 1963 Contingent
Fund to the budgets of these two departments to cover this additional expense for the year 1963.
Mr. Chairman, on behalf of the Ways and Means Committee, and with the concurrence of the
Salaries Committee, I move the adoption of the foregoing resolution.
WAYS AND MEANS COMMITTEE
David Levinson, Chairman
John L. Carey, R. C. Cummings, Harry W. Horton
Arno L. Hulet, Thomas H. O'Donoghue, Frank J. Voll,Sr.
Moved by Levinson supported by 0/Donoghue the resolution be adopted.
Discussion followed.
AYES: Merton, Alward, Archambault, Bachert, Beamer, Beecher, Bloc, Bonner, Calhoun,
James Carey, John Carey, Charteris, Cheyz, Clack, Clarkson, Cooley, Cummings, Davis, Dickens,
Dohany, J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Fouts, Frid, Gabler, Goodspeed, Hagstrom,
Hall, Hamlin Heacock, Hoard, Horton, Huber, Wallace Hudson, Wm. Hudson, Mulct, Hursfall, Jackson,
Johnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Majer, Marshall,
McAleer, McCartney, McGovern, Melchert, Mercer, Miller, Mitchell, Moore, Noel, OlDonoghue,
Oldenburg, Osgood, Potter, Rehard, Remer, Rhinevault, Slavens, Smith, Solley, Tiley, Tinsman,
Voll, Webber, Wood, Yockey. (77)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 4091
By Mr. Levinson
IN RE: APPROPRIATION, PRELIMINARY PLANS FOR CHILDREN'S VILLAGE
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
At the last meeting of the Board the application to the Hous,..-,4 and Home Finance Agency
for a Federal grant to aid in the financing of the proposed ChildrWs illage was authorized.
In order to file the application it is necessary that prelimry plans, cost estimates
and specifications be prepared.
The Juvenile Affairs and Buildings and Grounds Committees have presented a recommendation
to the Ways and Means Committee that Harry M. Denyes & Associates, architects of Pontiac, be
employed as architects for the project. At the present time your Ways and Means Committee is
making a study of alternate methods of financing and other matters relating to the cost of the
proposed Children's Village. In connection with these studies and the studies which will be
made by the Buildings and Grounds Committee it will be necessary to have certain information
available which will include sketches, preliminary cost estimates, specifications and other data.
At this time your Committee recommends that an appropriation be made for this pre-
preliminary planning and study and that the Board of Auditors be authorized to execute an
agreement with Harry M. Denyes & Associates, architects, for this pre-preliminary work and that
the matter of the architectural contract be considered after the Board of Supervisors approves the
means of financing the project. It is estimated that the cost of this pre-preliminary study will
not exceed $4800.00.
Mr. Chairman, I offer the following resolution:
BE IT RESOLVED that the Board of Auditors be authorized to employ Harry M. Denyes
Associates, architects, of Pontiac, to make the pre-preliminary studies, sketches, preliminary
plans and cost estimates for the proposed Children's Village as required by the Federal appli-
cation, at a cost not to exceed $4800.00;
357 Supervisors Minutes Continued. December 20, 1962
BE IT FURTHER RESOLVED that the sum of $4800.00 be appropriated from the 1962 Contingent
Fund and set aside in a special fund for this purpose.
Mr. Chairman, on behalf of the Ways and Means Committee, and with the concurrence of
the Buildings and Grounds Committee, 1 move the adoption of the foregoing resolution.
WAYS AND MEANS COMMITTEE
David Levinson, Chairman
John L. Carey, R. C. Cummings, Thomas H.O'Donoghue
Arno L. Hulet, Harry W. Horton, Frank J. Voll, Sr.
Moved by Levinson supported by Hall the resolution be adopted.
AYES: Allerton, Alward, Archambault, Bachert, Beamer, Beecher, Bloc, Bonner, Calhoun,
James Carey, John Carey, Charteris, Cheyz, Clack, Clarkson, Cooley, Cummings, Davis, Pickens,
Dohany, J. W. Duncan, Wm. Duncan, Durbin, Edward, Edwards, Fouts, Frid, Gabler, Goodspeed, Hagstrom,
Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, Wm. Hudson, Hulet, Hursfall, Jackson,
Johnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Majer, Marshall,
McAleer, McCartney, McGovern, Melchert, Mercer, Miller, Mitchell, Moore, Noel, O'Donoghue,
Oldenburg, Osgood, Potter, Rehard, Remer, Rhinevault, Slavens, Smith, Solley, Tiley, Tinsman,
Voll, Webber, Wood, Yockey. (77)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 4092
By Mr. Levinson
IN RE: APPLICATION TO STATE FOR MARINE ENFORCEMENT FUNDS
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Board of Supervisors of the County of Oakland considers it necessary that
a Marine enforcement program be conducted by the Sheriff of said County, and
WHEREAS Act 245 of the Public Acts of 1959, being Section 281.664 of the Compiled Laws
of 1948, as amended by Act 240 of the Public Acts of 1962, provides for state grants equal to
twice the County appropriation to counties participating in said program, and
WHEREAS this Board, by its adoption of the 1963 budget on September 17, 1962, included
in said budget the sum of $10,000 under the caption of "SHERIFF'S LAKE PATROL" for personnel
compensation, subsistence and marine enforcement equipment costs,
NOW THEREFORE BE IT RESOLVED that this Board request the state of Michigan thru its
"Boating Control Committee" to authorize a grant in the sum of $20,000 for personnel compensation
subsistence and marine enforcement equipment costs;
BE IT FURTHER RESOLVED that the County Treasurer is hereby authorized and instructed to
establish a restricted account, and to deposit therein all sums granted by the state for this
purpose pursuant to said Act, together with the $10,000 appropriation included in the 1963 budget,
all of which is to be used solely for the payment of salaries, subsistence and equipment costs of
the Marine Enforcement Program in the County of Oakland for the year 1963;
BE IT FURTHER RESOLVED that the County Treasurer shall make monthly reports of all
expenditures made from said account as required of him by the provisions of said Act.
Mr. Chairman, on behalf of the Ways and Means Committee, I move the adoption of the
foregoing resolution.
WAYS AND MEANS COMMITTEE
David Levinson, Chairman
John L. Carey, R. C. Cummings, Thomas H. OlDonoghue
Arno L. Hulet, Harry W. Horton, Frank J. Volt, Sr.
Moved by Levinson supported by Rehard the resolution be adopted.
AYES: Allerton, Alward, Archambault, Bachert, Beamer, Beecher, Blue, Bonner, Calhoun,
James Carey, John Carey, Charter's, Cheyz, Clack, Clarkson, Cooley, Cummings, Davis, Dickens,
Dohany, J. W. Duncan, Wm. Duncan, Durbin, Edward, Edwards, Fouts, Frid, Gabler, Goodspeed,
Hagstrom, Hall, Hamlin, Heacock, Hoard, Horton, Huber, Wallace Hudson, Wm. Hudson, Hulet,
Hursfall, Jackson, Johnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald,
Majer, Marshall, McAleer, McCartney, McGovern, Meichert, Mercer, Miller, Mitchell, Moore, Noel,
O'Donoghue, Oldenburg, Osgood, Potter, Rehard, Remer, Rhinevault, Slavens, Smith, Solley, Tiley,
Tinsman, Voll, Webber, Wood, Yockey. (77)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Mr. Lahti presented the Annual. Report of the Department of Social Welfare.
Moved by Lahti supported by Mitchell the report be placed on file.
A sufficient majority having voted therefor, the motion carried.
358
Supervisors Minutes Continued. December 20, 1962
Mr. Levin addressed the Board relative to the Jury Commission.
Misc. 4093
Recommended by the Board of Public Works
RE: FARMINGTON SEWAGE DISPOSAL SYSTEM - 14 MILE-MAPLE ROAD ARM
Submitted by Mr. Horton
Mr. Chairman, Ladies and Gentlemen:
At a meeting of the Board of Public Works of Oakland County held on November 5, 1062,
construction plans and specifications for the Farmington Sewage Disposal System- 14 Mile-Maple
Road Arm, and estimates of costs and period of usefulness thereof, and at a meeting of the Board
of Public Works held on December 3, 1962, an Agreement between the County of Oakland and the
Township of West Bloomfield pertaining to the acquisition of the 14 Mile-Maple Road Arm, were
reviewed and approved by said Hoard and ordered submitted to the Hoard of Supervisors for approval.
Pursuant_ to said resolutions, I now submit such construction plans and specifications
and estimates of cost and period of usefulness and such agreement.
Harry W. Horton
Mr. Horton offered the following resolution, copies of which were previously- mailed
to all members of this Board:
WHEREAS the Board of Public Works has submitted to this Board construction plans and
specifications for the Farmington Sewage Disposal System - 14 Mile-Maple Bead Arm and estimates
of cost and period of usefulness thereof, all of which have been approved by the Board of Public
Works; and
WHEREAS the Oakland County Board of Public Works, on December 3, 1962, did approve a
form of Agreement to be dated October 17, 1902 between the County of Oakland and the Township
of West Bloomfield for the extension of the Farmington Sewage Disposal System to be known as
14 Mile-Maple Road Arm, and did authorize the Chairman and Secretary of the Board of Public
Works to execute said Agreement subject to the approval of this Board of Supervisors; and
WHEREAS the above mentioned township constitutes the only party needed to contract
with the County for 100% of the cost of the project; and
WHEREAS the said Agreement has been executed by the said township,
NOW THEREFORE BE IT RESOLVED that the said construction plans and specifications and
estimates of cost and period of usefulness he approved and the County Clerk is hereby authorized
to endorse on said plans and specifications and estimates the fact of such approval and return
same to the Board of public Works;
BE 11 FURTHER RESOLVED that the Chairman and Secretary of the Board of Public Works
be and they are hereby authorized and directed to execute and deliver on behalf of said County
of Oakland, an Agreement to be dated October 17, 1962, between the County of Oakland and the
Township of West Bloomfield, which reads as follows:
AGREEM=
FARMINGTON SEWAGE DISPOSAL SYSTEM - 14 MILE-MAPLE ROAD ARM
This agreement made as of this 17th day of October, 1962, by and between the COUNTY OF
OAKLAND, a Michigan county corporation (hereinafter called the "county"), by and through its
Board of Public Works, party of the first part, and the TOWNSHIP OF WEST BLOOMFIELD, a Michigan
township corporation in the County of Oakland, Michigan, (hereinafter called the "township"),
party of the second part.
WITNESSETH:
WHEREAS the Oakland County Board of Supervisors by reselatica! Misc. No. 3270, adopted
August 12, 1957, as amended by resolution Misc. No. 3339, adopted .1 -e -ao- 24, 1958, did approve
the establishment of the Farmington Sewage Disposal System (herein t the "System") to serve
• the Farmington Sewage Disposal District (herein called the "District"), within which District
lies part of the Township of West Bloomfield and other areas; and
WHEREAS pursuant to the Farmington Sewage Disposal System aLot.o!ent, dated November 1,
1957, as amended by amendatory agreements dated. December 22, 1958 and loruary 9, 1959, all
between the County of Oakland and the Cities of Southfield and Keego Harbor and the Townships of
West Bloomfield and Farmington, municipal corporations in said County of Oakland, the said
county acting through its Department of Public Works, did acquire the original Farmington Sewage
Disposal System and did finance such acquisition by the issuance of bonds in anticipation of
payments to be made by said municipal corporations to the county in accordance with the provisions
of said agreement, as amended (herein referred to as the "Base Agreement"), and
WHEREAS Act No. 185 of the Michigan Public Acts of 1957, as amended, (herein referred to
as "Act No. 165") grants to the board of public works in any county having a Department of Public
Works the power to extend any system acquired pursuant thereto; and
WHEREAS it is necessary to extend said System in said Township of West Bloomfield under
the provisions of said Act No. 185 by the construction of certain sewers and related facilities
(hereinafter sometimes referred to as "14 Mile-Maple Road Arm" or as the "project") the location
and route of which are more particularly shown on the map designated as Exhibit A, for the purpose
of collecting and disposing of sewage originating within that part of said township described in
Exhibit B, which exhibits are hereunto annexed and hereby made a part hereof, and to finance said
14 Mile-Maple Road Arm by the issuance of the bonds of the county in anticipation of the collection
of amounts to become due to the county from the township as hereinafter provided; and
ii• I- to this 14 Mile-
'cal users, service
-re concerned. Neither
•• .4 Mile-Maple Road
,treets, alleys, lands
not and maintaining the
• , thereto. The township
in said township shall. be
359 Supervisors Minutes Continued. December 20, 1962
WHEREAS the county and the township have heretofore contracted .n'Tccinina the acquisition
and construction of Section I. - 14 Mile-Maple Road Arm and Section 2 -1 e-Maple Road Arm and
for the payment of the cost of said Sections in full in cash by the township from funds advanced
by property owners to be served by said Sections with the understanding thit when the financing is
arranged and the funds are available for the acquisition and construction of the entire 14 Mile-
Maple Road Arm as herein provided that said advanced funds will be credited on special assessments
levied by the township against said property owners and the excess if any, refunded to them; and
WHEREAS the Oakland County Department. of Public Works (hereinafter sometimes referred to
as the "DPW") has obtained plans and specifications for the construction of said 14 Mile-Maple
Road Arm, and an estimate of the cost thereof in the total amount of S40:=1 ,000.00, as prepared by
Ralph A. Main and Kieft Engineering, registered professional engineers, and has furnished the
same to the township; and
WHEREAS the necessary pr oceedinas are being taken le ssid T;•smsliip of West Bloomfield
for the assessment of the said estimated cost to a special assi••.- -,nict consisting of
those lots and parcels of land described in Exhibit B hereunto accordance with benefits
to be derived from said 14 Mite-Maple Road Arm, said assessment- • mse.• payable in ten (101
approximately equal annual installments due successively on April .11 of the years- 1963
through 1972, together with interest on unpaid installments at the •i•• r atunm, from
April 1, 1963, and the said township proposes to utilize said ass,•:i,.n . •• Leted as the
eo he made; and primary source from which to meet its payments to the county as herein -
WHEREAS no other municipality in the District will be aftected by inn construction of
said 14 Mile-Maple Road Arm at this time, and
WHEREAS in order to acquire said 14 Mile-Maple Road Arm, it is necessary that the county
and the said township, parties hereto, enter into this agreement;
THEREFORE IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO, as fellows:
I. The plans and specifications for said 14 Mile-Maple Road Arm, and the e•timate of the
cost thereof in the total amount of $40S,000.00, as prepared by Ralph A. Main all F n ett Engineering.
registered professional engineers, are hereby approved and adopted in form as now on file with both
the township and the DPW and identified. by the signatures of the Supervisor of the township and
the Director of the DPW. The said 14 Mile-Maple Road Arm shall consist of sewers as above described
and located as shown on the attached Exhibit A and shall be designed and used solely for collectina
and disposing of sanitary sewage originating in that part of said township which is described in
the attached Exhibit B. The said plans and specifications and estimate of cost shall be submitted
to the Hoard of Supervisors of said county, together with a resolution approved by the Board of
Public Works of said county providing for the issuance of bonds by the county as hereinafter
provided, and if such resolution be approved by said Board of Supervisors, then the -DPW shall.
proceed to issue said bonds and to acquire said 14 Mile-Maple Road Arm, The said project may be
divided into sections by the DPW for purposes of construction and the letting of construction
contracts. The said plans and specifications and the said locations ot•the sewers :lay be altered
if approved by the Township Board of said township and by the Board of Public Works.
2. Said 14 Mile-Maple Road Arm being an extension of that. part of the Farmington Sewage
Disposal System heretofore constructed and being a part of the ultimate county system to serve
• the Farmington Sewage Disposal District, the provisions of the Base Agreement shall continue in
full. force and effect and be applicable to this 14 Mile-Maple Road Arm, au1 in particular without
limiting the generality of the foregoing, such provisions shall be appl
Maple Road Arm insofar as connections, connection charges, service to i
charges, maintenance, maintenance charges, operation and limitations
the township nor the county shall permit the discharge of sewage into s,
Arm in violation of said Rase Agreement.
3. The township consents to the use by the county of the oc
and rights of way in the township for the purpose of construct -i. -
14 Mile-Maple Road Arm and of any improvements, enlargements and J .T• •;•
reaffirms its covenant and warrant that all sanitary sewage orlginstioi .
delivered only to the System, includina extensions thereto, for tracs[sntation therein and
ultimate disposal. Lands (other than highways) owned by or under the jurisdiction of the township
or the county within the township shall be liable, to the same extent as privately owned lands,
if sanitary sewage emanates therefrom, to pay the charges for sewage disposal services with
respect thereto.
4. The township shall pay to the county the capital cost of said 14 11110 MapleRoad Arm.
Such capital cost shall be deemed to he the estimated cost of $405,000.00 until the actual. cost
has been determined. If the actual cost shall.. be less than the estimated cost, then the surplus
construction funds derived from the sale of ;bonds shall be used to redeem bonds by call prior to
maturity or to purchase bonds on the open market, and in such event the bonds so redeemed or
purchased shall be cancelled and the ultimate liability of the township shall be reduced by the
principal amount of the bonds so cancelled by crediting upon the installments 1J , ible by the
township, as hereinafter provided, in the same amount and order of the maturity Jr such install-
ments as the amount and order of maturity of said bonds. If the actual cost ( ' the estimated
cost and additional bonds are issued. therefor, then the remaining installments iseable hy the
township shall be increased proportionately, so as to provide fult recovery of the actual cost
by the county. The township may use any other legally available means to pay such excess of cost.
The term "capital cost" as used above shall include:
(a) The cost of any lands or rights therein, which are necessary for the project.
(Li) The cost of physical structures and equipment.
360
Supervisors Minutes Continued. December 20, 1962
(c) Architectural, engineering and legal fees.
(d) Capitalized interest on bonds for not more than 1-1/2 years.
(e) Administrative costs in connection with the project.
(f) Any other necessary costs directly connected with the said project or the bonds
to finance the same.
5. The township shall make payment for said project to the county, subject to the pro-
visions of paragraph 4 above, in ten (10) annual installments due on June 1st of each year as
follows:
$48,000 - 1963 $40,000 - 1968
40,000 - 1964 40,000 - 1969
40,000 - 1965 40,000 - 1970
40,000 - 1966 40,000 - 1971
40,000 - 1967 40,000 - 1972
together with interest on the balance from time to time remaining unpan . at the rate of 6% per
annum from April 1, 1963, such interest being due and payable on each ie•eel'ment due date. Ti any
installment or interest is not paid when due, then the amount there, he subject, to a penalty,
in addition to interest of 1/2 of 1% for each month or fraction thereof liece the same remains unpaid
after its due date. The township may pay all or any part of any installue? in advance of its due
date together with accrued interest thereon to the date of payment. The re,,•ets to be made (if
made) by the township to the county pursuant to the contracts with the cotl.IT pertaining to Section
1 - 14 Mile-Maple Road Arm and Section 2 - 14 Mile-Maple Road Arm shall be credited in that amount
upon the principal amount of the first installments due hereunder. In the event that the interest
payable by the township from time to time is not sufficient to enable the county to meet its current
obligations for interest on the bonds to be issued to finance said project and for paying agent's
fees and other expenses related to said bonds, then the township, upon demand, shall also pay to
the county the amount of such deficit. Should the interest payable by the township exceed the
amount necessary to meet such interest, fees and expenses, such excess shall be credited upon the
next succeeding installment due hereunder.
6. The Township does hereby pledge its full faith and credit for the prompt payment of
the aforesaid obligations and shall each year levy a tax (which shall not be within any statutory
or charter limitation but shall be subject to constitutional tax limitations and any lawful increase
thereof) in an amount which, taking into account estimated delinquencies in tax collections, will
be sufficient for the prompt payment of any amount falling due before the time of the following
year's tax collection, unless at the time of making such annual levy there shall be cash on hand
(as provided for in paragraph (2), Section 12 of Act No. 185) earmarked for the payment of the
current obligations for which the tax levy is to be made, in which case the annual tax levy may
be reduced by that amount. Funds for which credit may . be so taken may be raised in any manner
provided in said paragraph. (2), Section 12, of Act No. 185, as now existing ee hereafter amended.
The township agrees that it will, at or prior to the time of making each annual tan: levy and in
lieu of such levy, set aside from other funds an amount equal to such principal installment and
interest falling due before the next year's tax collection and that it will from time to time
raise sufficient funds therefor by one or more of the methods set forth in said paragraph (2),
Section 12 of Act No. 185.
7. The township, in furtherance of its agreement set forth in Feraeraph 6 above, hereby
covenants and agrees that it will take all necessary proceedings, incle: confirmation of the
special assessment roll, for the assessment of' the cost of said project . • the lots and parcels
of land described in Exhibit B annexed hereto; that said assessments wi', ' • made payable in ten
(10) annual installments, with interest on unpaid installments, as t•:e,e••e;eee mentioned; that
all collections therefrom are hereby pledged for the fulfillment of - ,ceeeelp's contractual
obligations to the county as hereinbefore assumed; and that such c: •• n•e will be set aside
and deposited in a separate bank account and will be used for no etne.• neeeee so long as said
contractual obligations remain unsatisfied.
8. The county shall, upon adoption of a bond resolution by its Board of Supervisors,
issue its negotiable bonds, in the amount of the estimated cost of said project less the amount
actually paid by the township pursuant to the contract pertaining to Section 1 - 14 Mile-Maple
Road Arm and Section 2 - 14 Mile-Maple Road Arm, such bonds to have annual 0-incipal maturities
in the same amounts as the unpaid amount of annual principal installment.- e,yabe by the township,
to defray the cost of said project. The said bonds shall not pledge the rH!! faith and credit
of the county but shall be payable solely from the amounts to be paid to lee county by the
township pursuant to this agreement. Said bonds shall be issued under the provisions of said Act .
No. 185 and the applicable general statutes of the state where not in conflict with said act.
9. This agreement shall become effective upon being approved by the Township Hoard of
the township ; and by the Board of Public Works and Board of Supervisors of Oakland County and
properly executed by the officers of the township and of the Board of Public Works. This agreement
shall terminate when the Base Agreement terminates.
4.14
—1
•IKM-MIL
OAKLAND COUNTY
DEPARTMENT Of PURI—IC WORKS
101./TH MAO P0011.
'7"
::T i
'EXHIBIT A'
• tL•L -
-1
r
or01,41P rereAl 014161-4"
I •
MO. L
" I •
AMAPA A/4"r aLIPAAR PERK
1
j
yf7,-
(
FOURTEEN MIL7
MAPLE ROAD ARM
OF THE
FARMINGTON SEWAGE DISPOSAL SYSTEM
JANUARY 1962
I - °
L r
7/
I . ,
I
MAW, U. or APP.
rrern
ir
L
-
^
L .
I • •
1".
e.
tr^41. -,•!•
KIEFT ENGINEERING
CLARKSTON,MICHIGAN
_CONSULTING ENGINEERS
BOARD OF PUBLIC WOFtKS
DELOS HAMLIN, CHAIRMAN
JOHN G. SEMANN, VICE CHAIRMAN
HARRY W NORTON, SECRETARY
ARNO L HIJLET, MEMBER
ELMER JOHNSON, MEMBER
FRANK F WEBBER, MEMBER
DANIEL W BARRY, MEMBER
MAIN 5 FOX, INC
567 PURDY ST
BIRMINGHAM,
MICHIGAN
DEPARTMENT OF PUBLIC WOR$.S
R. J. ALEXANDER, DIRECTOR
OW RINGLER , DEPUTY DIRECTOR
R L CASTLE, CHIEF ENGINEER
Supervisors Minutes Continued. December 20, 1962 361
IN WITNESS WKEREOF the parties hereto have caused this agreement to be executed and
delivered by their respective duly authorized officers, all as of the day and year first above
written.
COUNTY OF OAKLAND
By its Board of Public Works
By
Chairman
By
Secretary
TOWNSHIP OF WEST BLOOMFIELD
By
Supervisor
By
Township Clerk
FARMINGTON SEWAGE DISPOSAL SYSTEM-FOURTEEN MILE MAPLE ROAD ARM
DISTRICT DESCRIPTION May 29, 1962
Part Of the SW 1/4 of Section 26, West Bloomfield Township, beg at a point on the S
sec. line distance W 834 feet from the S 1/4 corner; th N 0°51)W 449 feet; th S 9948' W 210 feet;
th S 0°51' E 448 feet; th N 89°48' E 210 feet to beg.
The E 445.5 feet of the W 1105.5 feet of the S 495 feet of the W 1/2 of the SW 1/4,
Section 26, West Bloomfield Township.
The S 1650 feet of the W 1/2 of the W 1/2 of the SW 1/4, Section 26, West Bloomfield
The W 1/2 of Sec. 27, West Bloomfield Township.
The SE 1/4 of Sec. 27, West Bloomfield Township, except the N 1/2 of the E 3/4.
The E 1/2 of Sec. 28, West Bloomfield Township.
That part of the NW 1/4 of Sec. 28, West Bloomfield Township, lying E 1 1y of a line
described as beg at a point distant S 88 0 35 1 30P E 1132.32 ft from the NW sec. cor th S 0155'15"
W 1663.1 ft., th N 8933' W 72.75 ft., th S 01°09' W 96995 ft to the E-W 1/4 sec. line.
The N 210 feet of the NE 1/4 Sec. 33, West Bloomfield Township.
That part of Sec. 34, West Bloomfield Township lying N'ly of a line described as beg at
a pt on the E line of said Sec. 500 ft N. of the E 1/4 cor., th W 990.0 ft., th N 775 ft, th W
approx. 1650 ft to the N-S 1/4 sec. line, th N along said 1/4 sec. line 580 ft, th W 1220 ft.,
th N to a point 210 ft. S of the N line of said sec., th W on a line 210 ft S of and parallel to
the N sec. line to the W line of said sec.
The W 1/2 of the NE 1/4 of Sec. 35, West Bloomfield Township, except the N 320.4 ft.
The NW 1/4 of Sec. 35, West Bloomfield Township.
The SW 1/4 of Sec. 35, West Bloomfield Township, except the W 660 ft, also except the
W 250 ft of the S 433 ft of the E 1/2 of the W 1/2 of the said SW 1/4.
The W 1/2 of the SE 1/4 of Sec. 35, West Bloomfield Township, except the E 1000 ft.
Part of the SE 1/4 of Section 35, West Bloomfield Township, beg at the SE sec. cor.;
th S 89°37'20" W 1325.52 feet; th N 0 0 19 1 40" W 937.40 feet; th S 89 0 47'20" E. 1325.90 feet; th
S 0°21'40" E to beg; except the E 410 feet.
EXHIBIT "B"
FARMINGTON SEWAGE DISPOSAL SYSTEM-FOURTEEN MILE MAPLE ROAD ARM
PROJECT COST ESTIMATE Revised July 25, 1962
2597 1.f.24 inch Sewer @ 12.07 $ 31,345.79
4744 1.f.18 inch Sewer g 12.65 = 60,011.60
6251 1.f.15 inch Sewer @ 10.65 = 66,573.15
4104 1.f.12 inch Sewer P 7.60 31,190.40
7820 1.f.10 inch Sewer @ 7.85 61,197.00
45 Ea. Standard M.H. @350.00 = 15,750.00
45 Ea. Special M. H. @500.00 22,500.00
1 Ea. Meter Chamber @5,000.00 = 5,000.00
1 s. Metering Equipment @1,000.00 = 1,000.00 :
Construction Cost = $ 294,757.94
Construction Cost . 294,757.94
Engineering = 17,390.72
Administrative (D.P.W.) - 9,000.00
Legal and Financial (D.P.W.) = 7,090.00
Inspection = 9,000.00
Contingency = 32,739.46
Soil Test Borings 2,000.00
Easement Acquisition - 7,900.00
Engineering Re-Design = 2,551.99
Township Legal & Adm. - 1,200.00
Sub-Total $383,520.00
Capitalized Interest @ 6% for 12 months 24,490.00
Project Cost $408,000.00
I certify that this sewer has a period of usefulness of 40 years and upwards.
Ralph A. Main
Kieft Engineering by Howard M. Kieft
Township. Township.
uthorized and directed
itJen of said water
..,liship-and. to negotiate
finan(ng and operation,
.ifications and
eh may be required
Ins insofar as the same
362
Supervisors Minutes Continued. December 20, 1962
BE IT FURTHER RESOLVED that the ollicers of the Bearo c nnhlic iv'crks,af:e authorized to
execute and deliver such number of original copies of said Agreement as they may deem advisable.
YEAS: Allerton, Alward, Arehambault, Bachert, Beamer, Beecher, Bloe, Bonner, Calhoun,
James Carey, John Carey, Charterls,..Cheyz, i,flaek, Clarkson, Cooley, Cummings, Davis, Dickens,
Dohany, J. W. Duncan, Wm. Duncan, Durbin, Edward, Edwards, Fouts, End, Gabler, Goodspeed, Hagstrom,
Hall, Hamlin, Heacock, Hoard, liertOn;-HUber, Wallace Hudson, Wm. Hudson, Hulet, Hursfall, Jackson,
Johnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levinson, Love, MacDonald, Majer, Marshall,
McAleer, McCartney, McGovern,'Melchert',"Mereere Miller, Mitchell, Moore, Noel, O'Donoghue,
Oldenburg, Osgood, Potter,,Rehard,Alemer,,Rhine ,Tault, Slavens, Smith, Solley, hey, Tinsman, Vol],
Webber, Wood, Yockey. (77) . . . _ NAYS: None. (0)
ABSENT: Brickner, Demute, Dewan, l':wart, Forbes, Ingraha,•, Menzies, Semann. (8)
Motion carried.
Misc. Resolution No. 4094
Recommended by the Board of Public. Works ,
RE: OAKLAND COUNTY WATER SUPPLY SYSTEM FOR,BLOOMFIELD 1-0kNSHIP
Submitted by Mr. Horton
Mr. Chairman, Ladies and Gentlemen:
I offer the following resolution, copies of whic
of this Board.
RESOLUTION ESTABLISHING WATER SUPPLY SYSTEM IN THE TOWNSHIP OF BLOOMFIELD, OAKLAND
COUNTY, MICHIGAN
WHEREAS the Township Board ofthe Township et I by resclution adopted on
December 10, 1962, and duly communicated,tethe..0aklap“oialt: Board of Publie Works,fhas requested
the Gounty e ofe 0akland to establi-sh a county water uplvesystem within the township,mrsuant to
eAot,No 185.1 Michigan Acts, of 19C7, as,amended and to construct, acquire -and finance,such
water supply mains, incin i umpee facilities and steeage facilities, as may be requirvd. to
supply water purchased byetfle towesh4p from ili i,1t of,Detroit .obtained from well now'owned
anctrverated by,;the township, which will become,part.4 the county water supply systew, in
various areas of said township; and : 1 ,
...AEEREAS the Oakland County Board otjublie Works .has determined that it is feasiele.,_
and desirable tP CoMply:w4th the .ioeue:-.t of the Townsi ip. of,Bloomieold and,has recommended.that
a county water supply system be esialii ,,hed 6y resolution adopt e(' this :Boar,1 of Supervisors
and that the Board PfRalic Works be authorized by such reoluf;:or to 7ake the necessary
to carry out such request of the touniship e :
eTHEREFOREeBEeJT 'RESOLVED that the. Supervisors
establishment of a county water supplTsystendp the Toumship of
185,,MichigairTublio;Aets of 19S7, as .amend,4, fon the purposk-
in said township hereinafter described, said system to cons i st.
and stprage facilities now owned pr operated bythe,llownIship ol
mains, pumping facilities and storage facilities to he.lpeated
by the County of Oakland.
BE IT FURTHER RESOLVED -that said systemeshalL he ,-kliown
SUpPly. Systenhfor Bloomfield Townshipand th3t district
the entire township, excopt for the part thervpf incorporated as
"Oakland County Water. Supply District Forffloomfield Township".
BE It FURTHER RESOLVED that the *ard of Public Works
to secure plans, and: specifications for thoelppation, construction in.1
supply system including the existing facilities owned or operat ,
and contract with the township with respect to the location,,,.:sm
pursuant to lease of said water- supply system and to submit ,sud
contract to this Board for its approval, along with such other
in connection with the financing of said water supply - system;
BE IT ITRTHER RESOLVED that all resolutisivandcparts of re3o1:1
may be in conflict herewith, are hereby rescinded.
steps
of the
pursuant to 41-, ,No.,;
ter to the areas
wells,e pumping facilities
ool-!,1!eid and also:,:liatr ,sup,R1K1
.sti'tcted. a.,Auiredan,d,;T.itiancd
bland County Water
reby shall consist of
,nali be known as
YEAS: AHerton, Alward, Archambault, Bachert, Reamer, Beech
James Carey, John Carey, Charteris, Cheyz, Clack, Clarkson,i, Cooley, CurdnlIg
Dohany, J. W. Duncan, Wm. Duncan, Durbin, Edward, EdwaiAsireFouts, Frid e Gab
Hagstrom, Hail, Hamlin, Heacock-, Hoard, Horton, Huber, Wallace Hudson, iAim. h
Hursfall, Jackson; Aohnson, Kephart, Knowles, Lahti, Lessiter, Levin, Levjns
Maier, Marshall,'McAleer, McCartney, McGovern, Melchert, Mercer, ,!,1.D1
0 1-Donoghue, Oldenburg, Osgood, 'Potter, Rehard, Remer, Rhinevanit„, Sda7ns, Sup
Tinsman, Voll, Webber, Wood, Yockey. (77) ;e3
NAYS: None.. (0)
ABSENT: Brickner, Demute, Dewan, Ewart,LTprbes, ingra
i-;onner, Calhoun,
Dickens,
.Goodspeed,
Hulet,
, MacDonald,
'11. Moore, Noel,
ti. Sollev, They,
(8)
Supervisors Minutes Continued. December 20, 1962 363
Misc. Resolution No. 4095
Recommended by the Board of Public Works
RE: HURON ROUGE SEWAGE DISPOSAL SYSTEM
The following resolution was offered by Mr. Horton:
WHEREAS the Board of Supervisors for the County of Oakland adopted a resolution, Misc.
No. 3850, on September 11, 1961, by which the Huron-Rouge Sewage Disposal System was established
and in which the Huron-Rouge Sewage Disposal, District was designated, to consist of certain
territory in the Village of Novi and the Township of Novi, as described in said resolution; and
WHEREAS the Village Council of the Village of Novi by resolution adopted on November 19,
1962 and the City Council of the City of Walled Lake by resolution adopted on November 13, 1962
have each requested the County of Oakland, acting through its Department of Public Works under
Act No. 185 of the Public Acts of Michigan of 1957, as amended, to provide a trunk sewer and a
sewage treatment facility to serve areas in said City and in said Village and to finance the cost
of such sewage treatment facility and trunk sewer by the issuance of bonds in anticipation of
payments to be made pursuant to Contract by said City and said Village to the County and to
operate and maintain said sewage treatment facility and trunk sewer when the same has been
constructed and financed; and
WHEREAS it is requested that such sewage treatment facility be constructed on a
temporary basis and that such trunk sewer be designed and constructed so as to be ultimately
connected to the Huron Rouge Sewage Disposal System; and
WHEREAS the areas in the City of Walled Lake are not now included in the Huron-Rouge
Sewage Disposal District, as heretofore designated by this Board of Supervisors; and
WHEREAS the construction, financing, operation and maintenance of said sewage treatment
facility and said trunk sewer to serve areas in the City of Walled Lake and the Village of Novi,
will protect the public health and welfare of citizens of the County of Oakland.
THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Oakland in the
State of Michigan, does hereby approve of the enlargement of the Huron-Rouge Sewage Disposal
District, as heretofore designated by said Board in Misc. Resolution No. 3850 adopted on September
11, 1961, to include all of the area in the City of Walled Lake and the said Misc. Resolution
No. 3850 is hereby amended to this effect;
RESOLVED FURTHER that the Oakland County Board of Public Works is hereby directed to
obtain and to submit to this Board for approval, plans and specifications and estimates of cost
for the said sewage treatment facility and trunk sewer, requested by the City of Walled Lake and
the Village of Novi in their respective resolutiOns addressed to the County of Oakland and to
negotiate and to submit to this Board, for approval, a contract with the City of Walled Lake and
the Village of Novi, in respect to the construction, operation and financing of said sewage
treatment facility and trunk sewer as part of the Huron-Rouge Sewage Disposal System;
RESOLVED FURTHER that all resolutions and parts of resolutions insofar as the same
may be in conflict herewith are hereby rescinded.
Moved by Horton supported by Mercer the resolution be adopted.
Discussion followed.
AYES: Allerton, Alward, Archambault, Bachert, Beamer, Beecher, Bloc, Bonner, Calhoun,
James Carey, John Carey, Charteris, Cheyz, Clack, Cooley, Cummings, Davis, Dickens, Dohany,
J. W. Duncan, WM. Duncan, Durbin, Edward, Edwards, Fouts, Goodspeed, Hagstrom, Hall, Hamlin,
Heacock, Hoard, Horton, Huber, Wallace Hudson, WM. Hudson, Hulet, Hurstail, Jackson, Johnson,
Kephart, Knowles, Lahti, Levin, Levinson, Love, MacDonald,.Majer, Ma'sioill, McAleer, McCartney,
McGovern, Melchert, Mercer, Mitchell, Noel, 0/Donoghue, Oldenburg. Oi ed , Rehard, Remer,
Rhinevault, Slavens, Smith, Tiley, Tinsman, Voll, Webber, Yockey.
NAYS: Frid, Solley. (2)
ABSENT: Brickner, Clarkson, Demute, Dewan, Ewart, Forbes, Gaoler, Ingraham, Lessiter,
Menzies, Miller, Moore, Potter, Semann, Wood. (15)
Misc. 4096
By Mr. Horton
IN RE: MEMORIAL PLAQUE TO HARRY J. MERRITT AND CHARLES A. DAVIS
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen;
WHEREAS Oakland County is deeply indebted to Harry J. Merritt, former Corporation
Counsel and Charles A. Davis, former First Assistant Corporation Counsel of the County, for their
services in advising this Board of Supervisors that it could legally and properly construct a
new Court House in the County Service Center, and
WHEREAS the action of this Board in making the decision to move the Court House from
the downtown site to the Service Center was challenged in Court and an adverse ruling of the
Circuit Court was, on the recommendation of Mr. Merritt and Mr. Davis, taken to the Supreme
Court of the State of Michigan for review where the position of this Board of Supervisors was
sustained, and
WHEREAS it would be altogether fitting and proper for this Board to now recognize the
services of these two men:
364
Supervisors Minutes Continued. December 20, 1962
NOW THEREFORE BE IT RESOLVED that in the devoted service of Harry J. Merritt and
Charles A. Davis to the people of this County, this Board of Supervisors does hereby authorize
and direct the County Board of Auditors to obtain a suitable plaque to be placed in the present
Court Tower Building as a public memorial to the untiring efforts of these two men in helping
to make possible the new Court Tower which this Board deems to be essential to the conduct of
good government in this County;
BE IT FURTHER RESOLVED that this resolution be spread upon the minutes.of this meeting
of the Board and a copy thereof with the seal of the County of Oakland affixed and a facsimile
copy of the plaque as installed in the Court Tower be presented to the family of Mr. Merritt
and Mr. Davis.
Mr. Chairman, on behalf of the members of this Board, I move the adoption of the
foregoing resolution.
Delos Hamlin Arno L. Hulet Harry W. Horton
Luther Heacock Earl B. Rhinevault John L. Carey
Lloyd A. Gabler David Levinson Frank J. Voll, Sr.
Elmer Kephart Seeley Tinsman Vernon B. Edward
James Clarkson Don R. MacDonald James F. Carey
T. H. O'Donoghue key F. Goodspeed Helen G. Bonner
Frank F. Webber Fred L. Yockey Elizabeth W. Mitchell
Bruce W. Love John S. Slavens Faye H. McCartney
Richard W. Marshall Harold J. Remer John Archambault
Chas. B. Edwards, Jr. Marvin M. Alward Robert F. Jackson
Michael McAleer WM. C. Hudson Clarence A. Durbin
Elmer R. Johnson Edward C. Bloc Roy V. Cooley
R. C. Cummings Howard H. Beecher Alex Major
Oscar Beamer Vance C. Fouts John E. Noel
William K. Smith Sander M, Levin Curtis H. Hall
Paul W. McGovern Thomas C. They Donald A. Melchert
Alex R. Solley E. V. Mercer WM. T. Duncan
Elwood Dickens Virgil C. Knowles Ralph S. Moore
Sydney Frid Lee H. Clack Mayon Hoard
Hadley J. Bachert Curtis Potter R. W. Lahti
Clark Hagstrom Edward Cheyz Louis F. Oldenburg
C. Hugh Dohany John Lessiter John C. Rehard
J. Wesley Duncan John B. Osgood Hugh G. Allerton, Jr.
Moved by Horton supported by Webber the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 4097
By Mr. Calhoun
IN RE: RELEASE OF RIGHT OF WAY ON McKINLEY DRAIN - SOUTHFIELD TOWNSHIP (NOW CITY OF SOUTHFIELD)
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS in the year 1881 a right-of-way for the McKinley Drain was conveyed to the
Township of Southfield, and
WHEREAS the Township drains, were assumed by the County of Oakland pursuant to Act 254
of the Public Acts of 1897 as amended, and
WHEREAS said drain has been relocated and it is no longer necessary to maintain such
right-of-way;
NOW THEREFORE RE IT RESOLVED that the Chairman and Clerk of the Board of Supervisors
be authorized to execute a quit claim deed from the County of Oakland to Spoon Custom Homes,
Inc. covering the following described premises:
Commencing one rod West of the center line of the east side of Section 23 of said
Township of Southfield (now City of Southfield); thence south about 20 rods parallel
with the center line of said section to the actual water course, thence southwest
along the actual water course to the section line between Sections 26 and 23, taking
a strip of land 10 feet in width running along both sides of said line for the entire
length thereof, Township of Southfield (now City of Southfield), Oakland County,
Michigan;
Mr. Chairman, on behalf of the Drain Committee, I move the adoption of the foregoing
resolution.
DRAIN COMMITTEE
David R. Calhoun, Chairman
Leroy Davis, Mayon Hoard, Curtis Potter
Joseph Forbes, Robert J. Huber, Wm. K. Smith
Moved by Calho -..• • orted by Hoard the resolution be adopted.
A sufficien7 • .-y having voted therefor, the resolution was adopted.
,7!
MilniCipal Finance
- ,wing is a copy of
n by bond counsel
11, , I 962
365 Supervisors Minutes Continued. December 20, 1962
Mr. Claude H. Stevens, Bond Counsel, presented the following letter:
December 20, 11i
Board of Supervisors
Oakland County, Michigan
In re: $5,405,000 Southeastern Oakland County Sewage
Disposal System Bonds, dated January 1, 1963
Gentlemen:
Yesterday- afternoon the following telegram was sent to various bond houses in the
United States:
"The sale of $5,405,000 Sewage Disposal Bonds by CAl,nci County has been
indefinitely postponed. Bond Counsel will no , a•iiion the bonds without
the approval of the Municipal Finance Commission . iich claims such approval
not to be necessary. After long negotiations fl • refusal by the Cornission
has just been received.
Daniel.. W. Barry
County Drain Commi. • •
This action was necessary because of a refusal on the •
Commission to make an order permitting the issuance of these bondn.
a letter dated December 17, 1902, addressed to the Municipal. Finan,i
which sets forth the circumstances and the law, to-wit:
Municipal Finance Commission
Lansing, Michigan
In re: Southeastern Oakland County Sewage
Disposal. System. Bonds dated January 1, 1903
Gentlemen:
Application for approval of the above bonds was filed with the Municipal Finance
Commission on or about November 13, 1962. The Municipal Finance Commission on December 4, 1962
approved the form of notice of sale for the above bonds but did not issue its order permitting
the issuance of said bonds. On the day following the meeting of the Commission we talked with
the Attorney GeneralYs department and were informed that the order of pi -ni,sion was not necessary
under Attorney General's Opinion No. 2389 dated December 20, 1956. We studded that opinion
and are unable to agree with its conclusions. Our position in this respect is shared by other
lawyers. In the following paragraphs we set forth the reasons for our position.
These bonds are to be issued under the provisions of Sections 5a, 5t and Sc of Act No.
342 of the Public Acts of 1939, as amended. These sections authorize a contract between a county
and its municipalities whereby the county agrees to construct sewer or certain other improvements
and each of the municipalities agrees to pay a certain percentia. Cie ,•ist thereof. The
contract pertaining to the above bonds is dated October 1, . i9.t.utory sections then
provide for the issuance of bonds in anticipation of the paymc' •, i••d• by the municipalities.
The municipalities are authorized to raise the moneys so reqtif-J by several methods,
one of which is taxation. The contract between the county an • im r itics in respect to
the above project requires that if a municipality does not have . s hai,1 •••n •• ie time of levying its
annual. tax, a sum equal to its payment due on the following OctcJer , it shall levy upon the
tax roll of that year an amount sufficient, to make full payment. of It: '3n to the county.
Said act also provides that a county by a two-thimds vote of the meal if its board of
supervisors may pledge the full faith and credit of the county Jr .le t of the bonds. This
full faith and credit pledge would require a tax levy in the evcnt . not on hand sufficient
funds therefor.
Section 1 of Chapter 3 cf the Municipal Finance Act. (Sec, . ) M.S.A.) reads as
fellows:
"No municipality shall hereafter borrow money and • .• ••• ehligations payable
Out of taxes or special assessments except in accoia.-- the provisions of
this act."
Section 2 of said Chapter 3 (Sec. 5.315(7) M.S.A.) contains the fol aa • • .• 'revision:
"No municipality shall advertise its proposed • •• sale until it
shall have first secured the approval of the commission. '3 •• •e notice of
sale to be published."
Section 2 of Chapter 5 of the Municipal Finance Act (Sec. 5.318C1(22) M . ..) provides as follows:
"Any municipality which, by the provisions of its chart - law, is authorized
to issue bonds payable from taxes or special assessment in addition to the
requirements of such charter or law, and as a condition pr i • •• '0 the lawful.
issuance thereof, secure the permission of the commission the:aciii•-. tind such
bonds shall be subject to the limitations and conditions herei3ia'e ,. provided."
It seems to us that under the above statutory provisions of said Municifal. Finance Act
alone it could be well argued that the bonds in question would have to be approved by the Municipal
Finance Commission inasmuch as the municipalities are obligated to levy taxes if necessary to meet
theix contract obligations (from which the bonds are payable) and also the county is obligated to
levy taxes if necessary to fulfill its full faith and credit pledge.
However, in addition, the very act authorizing the bonds in question provides in Section
5c as follows:
"Said bonds ahll be serial bonds, payable in annual installments, for a period of
years not exceeding 40 and shall be issued and sold, subject to all other applicable
366
Supervisors Minutes Continued. December 20, 1962
provisions of Act 202 of the Public Acts of 1943, as amended, being Sections 131.1
to 138.2 of the Compiled Laws of 1948."
Reading the above quoted provisions of the Municipal Finance Act and the above quoted provision
of Act 342, we cannot come to any conclusion except that the Municipal Finance Commission must
issue an order to approve the bonds in question if they are to be valid bonds when issued.
We call attention to the fact that the Michigan Supreme Court in the case of First
Wisconsin National Bank v. Bessemer Township, 286 Mich. 426, held a tax anticipation note to be
invalid because it had not been certified by the state treasurer as required by law. The Court
on page 433 said:
"The note was issued in violation of the statutory protective provision and was
void ab initio and therefore there can be no recovery thereon."
We suggested to two of the assistants in the Attorney C-•neral's department that an order
be issued permitting the sale of the bonds in question in the is• ad. form of such orders with a
provision at the end stipulating in substance that the issuance rhe order was not an acknowl-
edgement by the Commission of the legal necessity of such an ore .• , Yre understand that this
was presented to the Commission last Tuesday but that no action :f,•s .a.ken. Instead, the Secretary
of the Commission was authorized to write a letter to the Attorney General requesting a new
opinion upon the point in question.
Time is very important. The County of Oakland has a grant of S1,377,000 provided it
starts construction by January. 1, 1963. It has received construction bids and the bonds will
be sold on December 20, 1962 if an order is secured not later than Tuesday. December 18, 1962,
from the Municipal Finance Commission. Otherwise the financing cannot be completed and the
contracts cannot be let so as to start the work by January 1, 1963 and consequently the grant
of well over One Million Dollars will be lost to the County of Oakland. This should not occur
as it would be embarrassing to all concerned.
The Municipal Finance Commission can issue the order without reversing its former
position. There is no law Which prohibits it. If the order of permission is necessary then the
bonds are protected. If it is not necessary then no harm has been done and the order is simply
surplusage. We trust that an order permitting the issuance of these bonds will be issued
immediately.
Respectfully yours,
DICKINSON, WRIGHT, McKEAN h CUPLIP
By Claude H. Stevens
Yesterday the Municipal Finance Commission went through the form of. issuing a so-called supple-
mental order which does not authorize the issuance of the bonds but simply States that the
Commission deems the approval of the issuance of the bonds unnecessary, in view of the provisions
of section 5(c) of the statute as construed by Opinion No. 2389 of the Attorney General of
Michigan, December 20, 1956. We cannot opinion the bonds withons the permission of the
Municipal Finance Commission, and the above mentioned order d ot grant such permission.
We are attaching a copy of that portion of said Atiela-s f..neralts opinion which is
pertinent to the issue here. You will note that that opinion :rates that the approval of the
Municipal Finance Commission as to Act 342 bonds is not required under Act 202 of the Public
Acts of 1943 "for the reason that such bonds are not obligations of the .-o,.nty, do not pledge
the full faith and credit of the county and are not payable from taxes assessments
levied by the county of issuance, and therefore do not come within the '. of obligations
requiring the approval of the Municipal Finance Commission." That • inclusion is not
applicable to the bonds in question because the full faith and ercsa .., the County of Oakland
has been pledged thereto pursuant to the provisions of the 1957 e.,a.(a-at to said section 5(c).
We cannot accept the construction of the word "other" • .on 5(:) of the act
which the Attorney General places thereon in said opinion. We • is I ;,.r that the
following language in section 5(c) of the act under which the isa a iey .en are to be
issued, to-wit:
"Said bonds shall be serial bonds,- payable in annual instalnts, for
a period of years not exceeding 40 and shall be issued arki sold, subject.
to all other applicable provisions of Act No. 202 of the Public Acts of
1943, as amended."
. requires the permission of the Municipal Finance Commission to the issua, •f the bonds.
We have made CV:'Cy. attempt possible to get the Municipal Finan Caalmission's approval
but it refuses on the sd\ ice of the Attorney General to reverse its former pation.
Respectfully submitted,
Claude H. Stevens
Moved by Hall supported by /Merton that Resolution #4055 in re: Jury Commission, be
taken from the table.
A sufficient majority having voted therefor, the motion carried.
Moved by Hall asserted by Allerton the resolution be referred back to the Ways and
Means Committee for fur study and recommendation.
A sufficient majority having voted therefor, the motion carried_
Moved by Hemet- supported by Hall the Board adjourn until. January 15, 1963 at 9:30 A.M.
A sufficient majority having voted therefor, the motion carried.
Daniel T. Murphy Delos Hamlin
Clerk Chairman