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HomeMy WebLinkAboutMinutes - 1968.12.17 - 7809OAKLAND COUNTY Board Of Supervisors MEETING December li, 1968 Meeting called lo order by Chaitman Delos Hamlin. Invocation given by Homer Case, Bloomfield Township Supervisor. Roll called. PRESENT: Fachert, Reacher, Birnkrant, Brennan, Brewer, Bryant, Case, Chatteris, Clarkson, Cline, Dewan, Doherty, Duncan, Edward, Edwards, Eldridge, Famuloro, Fouts, Frid, Gabler, brisdale, Hall, Hawl in, Horton, Hurstail, Inwood, Johnson, E, Kephart, J. Kephart, Kramer, Lahti. Lessiter, Levinson, Tinley, Long, Mainland, Maly, Mastin, McDonnell, McNamee, Melchert, Mulsttom. Milier,Mitchull, O'Donoghutt, Oldenburg, Paholak, Peasley, Perinoff, Peterson, Powers, Reid, Remer, Rhinevaulf, Rusher, Schiffer, Schwartz, Shepherd, Simson, Slavens, Solberg, Stine, Tapp, Toucher, Taylor, Tinsman,Valentine, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (73) ABSENT: Anderson, Bingham, Colburn, Forbes, Fusilier, Callagher, Geralds, Ingraham, Lyon, Nelson, Potter, Smith, Tredky. (11) Querun Present Moved by Wilcox supported by Maly the minutes of the previous meeting he approved as printed. A sufficient majority having voted therefor, the motion carried. 151fa The Cler on November 14, 1 9 in the notice read the r,citTst for this meeting which was filed in the Office ef the Court/ Clerk . Said r it was ordered tiled with the Clerk, A true copy of the same appears ing he ,eing r set forth. The Clerk presented the notice or this meeting with 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 ef Michigan, will be held at the time and place stated in the following request which has been filed with me, fecwit: "A regular Keeting of the Board of Supervisors of the County of Oakland, State of Michigan is hereby called to be held on Tuesday, the 17th day of Deceraber, 1968 at 9:30 A, M EST, in the Court House Auditorium, 1200 North Telegraph Road, Pontiac, Michigan for the purpose of transacting such business as nay come before the Beard at that time. Signed: Delos HaTlin, Chairman Board of Supervisors This is the fourth meeting of the September Session of the Oakland County Board or Supervisors. The previous meeting was adjourned subject to the call of the Chair. Signed: Julia Maddock Dated: November 15, 1968 Chief Deputy County Clerk PROOF OF MAILING STATE OF MICHIGAN)„ COUNTY OF OAKLAND)— Julia Maddock, being first, duly sworn, deposes and says that she is the Chief Deputy County Clerk of Oakland County and that she 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 on November 15, 1968. Signed: Julia Maddock Chief Deputy County Clark Subscribed and sworn to before mc this 15th day of November 1968 Signed: Mabel M. Child, Notary Public, Oakland County, Michigan My commission expires August 29, 1970 Clerk read appointment of Mary Mead Bawden, Birmingham City Supervisor to fill the vacancy created by the resignation of Carl F, Ingraham. Clerk read cards of thank..., from Milton Nelson and Rolland F, Webber. (Placed on file,) Clerk read lettor from Carson C. Bingham, thanking Wm. L. Mainland 'or the apples he has consistently brought to the Board meetings. (Placed on tile.) 1516 Supervisors Minutes Continued. December 17, 1968 Clerk read letter Crem Dun W. Eichstaedt urging the Board to reduce the 1969 County Budget. (Placed on file.) Clerk read letter From the Southeast Michigan Council of Governments advising the Board that they have forwarded the application or the Oakland County Parks and Recreation Con on For a prolect grant to the Federal Department of Housing and Urban Development, (Placed on file.) Clerk presented resolution Iroe Muskegon County opposing the reduction in the we appro- priation. (Referred to Legislative Committee of the new Board.) Clerk presented resolution From Wash tenaw County requesting that the State Legislature and Governor's Office review the total welfare. program. (Referred to Legislative Committee of the new Board.) Clerk read letter from Glenn Swindler, President of the Oakland County Homeowners and Taxpayers Association regarding the Public Hearing on the County Budget and the program of a group of Supervisors- elect. (Placed on file.) The Chairman introduced the following supervisors who were elected November B, 1968: Wesley Holyoke, Oakland Township Supervisor (replaces George Lyon) ' Nelson C. VanNatta, Springfield Township Supervisor (replaces Dr. Ozman J. Fusilier) Moved by Maly supported by Gabler the appointments be taken from the table. A sufficient majority having voted therefor, the motion carried. Nominations in order for two members oF the PersugjA.22.eal Board. Mr. Miller nominated Gordon R. Bryant and Victor Woods. Mr. Hursfall seconded the nomination. Discussion followed regarding appointment of members ot the Board of Supervisors cn the Personnel Appeal Board. Moved by Hursfall supported by Miller that nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board for Gordon R. Bryant and Victor Woods. A sufficient majority having voted therefor, the motion carried, Gordon R. Bryant and Victor Woods declared elected members of the Personnel Appeal Board for one year beginning January 1, 1969. Nominations in order for Member of the Board of Auditors_ (part time). Mr. Reid nominated John B. Osgood. Mr. Wilmot seconded the nomination. Mr. Perinoff nominated James E. Seeterlin. Discussion follow", Moved by Hursfall supported by Slavens that nominations be closed. A sufficient majority having voted therefor, the motion carried. The Chairman appointed James Clarkson, Richard Wilcox and Lee Walker to act as tellers. The Chairman announced the result of the ballot vote as follows: John B. Osgood - 50 James E. Seeterlin - 22 Blank ballots - 2 John B. Osgood declared elected a Member of the Board of Auditors (part time) for three years beginning January 1, 1969. Nominations in order for Chairman of the Board of Auditors Mr. Perinott nominated Daniel T. Murphy, Mr. Cline seconded the nomination. Moved by Hall supported by Hursfall that nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board For Daniel T. Murphy. A sufficient majority having voted therefor, the motion carried. Daniel T. Murphy declared elected Chairman of the Board of Auditors for one year beginning January 1, 1969. Thomas T January 1, 1969. d. •.lared elected a member of thr e for five years begi irmi Supervisors Minutes Contiett 3, Decollwr 1/, 1968 Nominations in order for membet ei the Building Authorifv, Mr. Powers nnminted Milo Cross. Mr. Brewer seconded the nomination Moved by Brcwer supporled by Gabler that nominations be closed, the rules suspended, 6nd the Clerk be instructed to east the unanimous vote of the Board for Milo Cross. A sufficient majority having votod therefor, the motion carried Milo Croas deGlared elected a member of the Building of or three years bcginning _ January 1, 1969. Nominations in order for member of the Board Co Mr, Duncan nominated Thomas Ti fey. Mr. Reid seconded the nomination. Moved by Lessiter supported by Case that nominations be closed, ihi rules suspended ard the Clerk H. instructed To cast the non too vote or the Board for Thomas Tiley. A sufficient majority havinn voted therefor, th lotion carried. I T% I / Nominations in order for three members of the Board of Institutions. Mrs. Mitchell nominated Maurice CroLcau. Mr. Edward nominated Charles B. Edwards, jr. Mr. Mastin seconded the nomination. Mr. flakier nominated Thomas H. O'Doroghue. Mr. Schiffer conded nomination. Moved by Hursfall supported by Reid that nominations be closed, the rules suspended, ond the Clerk be instructed to cast the unanimous vote of the Board for Maurice Croteat, Charles B. Edwards, Jr. and Thomas H. O'Donocirvite. A sufficient majority having voted therefor, the motion carried. Maurice Crot,oau, Charles BmeEdwards, Jr. and ThoMas H. O'Dononhue declared elected meaters of the Board, of Inst.j_tut_fon,pier :Three years beginning January 1, 1969. . (One Township Nominations in order for three members of the County /Election Screeninm m Clerk, one City Clerk and one member of Board of Education of a School bistricf °.) Mr. O' Donoghue nominated Irene. Hanley, Birminoham City Clerk. Mr. -Faucher to he L. Courtney, Troy City Clern. Mr. Peterson nominated nominated Patrick Flannery, Southfield City Clerk. Mr. Reid nominated Ferdinand C. Vetter, White Lake T Thelma Spencer, Avon Townshia Clerk. hip Clerk. Mr. Miller nominated Moved by O'Donoqhue supported by Her' fall that nominations be closed. A sufficient majority having voted therefor, the motion carried. The Chairman called for a ballot vote. (A majority of the members-elect required-44 Votes) The Chairman announced the result of the ballot vote for City Clerk member, as follows: Ire:), Hanley - 46 Ktrin% th L. Courtney - 18 Patrick Flannery - 8 Irene Hanley declared elected a member of the County Election Screening Committee. The Chairman announced the result of the vote for Tov nnship Clerk member, as follows: FIRST BALLOT: Thelma Spencer - 38 Ferdinand C. Vetter - 29 Blank ballots - 2 Neither candidate having received 44 votes, the Chairman called for a second ballot. The Chairman announced the result of the vote for Township Clerk member, as follows: . SECOND BALLOT: Thelma Spencer - 49 Ferdinand C. Vetter - 23 Thelma Spencer declared elected a member of the County Election Screeninq Committee. 1518 Supervisors Minutes Continued, December 17, 1968 Mr. Taylor nominated Robert M. Thibideall, Treasurer of the Walled lake School District. Moved by Gabler supported by Rsuer that nominations ho closed, Ihc rulcs suspended, and the Clerk be instructed to cast the unanimous vote of the Board or Robert M. Thihideau. A sufficient majority having voted therefor, the motion carried. Robert M. Thibridaau declared elected a member of the County El,:ction Screening Committee, Nominations in order for D o Mr. Miller nominated F. Hugh Wilson, D.V.M. Mr. Slavens seconded the nomination. Moved by Miller supported by Hors, all that nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board for F. Hugh Wilson, D.V.M. A sufficient majority having voted therefor, the motion carried. F. Hugh Wilson!, D.V.M. declared elected—P°9W5.0on for two years beginning January 1, 1969, ent Commission to fill Nominations in order for Citizen Member of the Employees Reti vacancy for tern expiring 12/31/69. Mr. O'Donoghue nominated David Levinson. Mr. Bryant seconded the nomination. Moved by Peasley supported by Webber that nominations be closed, the rules suspended, and the Clerk be instructed to cast the unanimous vote of the Board for David Levinson. A sufficient majority having voted therefor, the motion carried. mr David Levinson declared elected Citizen Member of the Employee' Retirement Commiusion for the term expiring 12/31/69. ,Nominations in order for two members of the Parks and Recreation Commission. Mr, Reid nominated Frances Clark_ Mr. Schiffer nominated Velma Austin. Mr. Bryant seconded the nomination. Mr. Edwards nominated Virginia Solberg. Moved by Mastin supported by Hursfall that nominations be closed. A sufficient majority having voted therefor, the motion carried. The Chairman announced the result of the ballot vote as follows: Frances Clark - 69 Velma Austin - 59 Virginia Solberg - 18 Frances Clark and Velma Austin declared elected members of the Parks and Recreation Commission for three years beginning January 1, 1969 at noon. Nominations in order for two members of the Board of Public Works. Mr. Miller nominated Homer Case. Mr. Hall seconded the nomination, Mr. Taucher nominated Delos Hamlin. Mr. Woods seconded the nomination. Moved by Birnkrant supported by Woods that nominations be closed, the •rules suspended, and the Clerk be instructed to cast the unanimous vote at the Board for Homer Case and Delos Hamlin. A sufficient majority having voted therefor, the motion carried. Homer Case and Delos Hamlin declared elected members of the Board of Public Works for three years beginning January 1, 1969 at noon. Nominations in order for member of the Social Services Board. Mr. Hall nominated Walter M. Coon. Mrs. McNamee nominated R. W. Lahti. Moved by O'Donoghue supported by Gabler that nominations be closed. A sufficient majority having voted therefor, the motion carried. Supervisors Minutes Continued. December 17, 1968 1919 The Chairman announced the result of the first ballot vote ak follows: (44 votes required) R. W, Lahti - 42 Waiter M. Coon - 27 The Chairman annoknced the result of thc second ballot vote ak lollows: R. W. Lahti - 60 Walter M. Coon - 11 R. W. Lahti declared elected a member of the Social Servisis B ,.ard for three ye -g ars hiinning . _ January 1, 1969. Nominations in order for frember of the Department of Veterans Affair Mr. Edward nominated Douglas Hoard. Mr. Levinson seconded the nondnation. Moved by Gabler supported by Remer that nominations be closed, the roles suspended, and the Clerk he instructed to cast the unanimous vote of the Board for Douglas Hoard. A sufficient majority having voted the the motion carried. Douglas Hoard declared elocted a member of the Department of Veterans Affairs tor three years beginning January I, 1969. Moved by Woods supported by Reid that the appointment of Wallace Crane as Civil Defense Director be reaffirmed in accordance with the provisions of Rule XX of the Board. A sufficient mdjurity having voted therefor, the motion carried. Mr. Woods presented the Annual Report of the Department of Disaster Concrel and Civil Defense. Moved by Woods supported by Hursfall the report he received and placed on file. A sufficient majority having voted therefor, the notion carried. Misc. 4964 By Mr. Oldenburg IN RE: DETROIT EDISON RIGHT-OF-WAY To the Oakland County Board ct Sup /raisers Mr. Chairman, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution No. 3816, dated June 26, 1961, the County of Oakland conveyed a 12 foot easement to the Detroit Edison Illuminating Company, and WHEREAS it has become necessary to relocate said pole line easement, and WHEREAS the Detroit Edison Illwinating Company has agreed LC) convey to the County or Oakland the easement described in the above mentioned resolution in exchange for a new easement described as follows: "The centerline ot a 12-foot with e,s ssent as described as follows: A lire in the West 1/2 of Section 19, Town 3 North, F-A -r 10 East beginning at a point on the West line of Section 19, South 1 °55 1 30" East. distnt 790.7 feet from the Northwest corner of Section 19; thence South 45°45'30" East, tor a distance of 2670.0 feet to a point; also continuing on the same line for a distance of 70 feet for guy easement; thence from said point South 58 ° 1830" West, for d distance of 1300.9 feet; thence South 25 °46'20' West 1162.32 feet; thence South 71 046'10" West 171.00 feet to the west line of said Section 19" NOW THEREFORE BE IT RESOLVED that the County of Oakland convey to the Detroit Edison Illuminating Company a pole line easement as above described and that the Chairman and Clerk of this Board he and they are hereby authorized to execute said easement on behalf of - the County of Oakland. Mr. Chairman on behalf of the Buildings and Grounds Committee, 1 move the adoption of the foregoing resolution. BUILDINGS AND GROUNDS COMMITTEE Louis F. Oldenburg, Chairman Chas. B. Edwards, Jr., Duane Hursfall, John J. Rusher Earle Grisdale, Rolland F. Webber Moved by Oldenburg supported by Hursfall the resolution be adopted. Motion carried. The Clerk presented to the Board a letter from the County Drain Commissioner submitting to the Board a resolution authorizing the issuance of Drain Bonds in the aggregate anoint of $70,000 and requesting that the Board of Supervisors pledge the full faith and credit of the County of Oakland as secondary security for the prompt payment of said Drain Bonds. By unanimous consent the said communication was ordered filed with the Clerk. Misc, 4965 IN RE: CASE DRAIN The following resolution was offered by Mr. Valentine and seconded by Mr. Case. WHEREAS proceedings have been taken by the Statutory Drainage Board lor toe location, estab- lishment and construction of the Case Drain under the provisions of Act No. 40 of the Michigan Public Acts of 1956, as amended, pnrsuant to a petition filed by the Township of Bloomfield on May 16,1968j and 1520 Supervisors Minutes Continued. Or c, r 17, 1968 WHEREAS the Drainage Board k)r Hy resolution ori November b, 1966, authorizcd and providod for the issuance ol t( Ads in L11,. ccii. Frincipal amount (1 $70,000 in anticinction• the collection ()I an equal amount ol unpaid a 1 .; .w.lents against the Township of Bite; field and the County ol Oakland of theis is• tie e b. s; oe cost of said drain, said special • seerts having been theretofore duly confirmed b/ ,aid Dr ift: WHEREAS said bonds to he design,.; d Di are to he dated January 1, 1969, will bear interest at a rate not exceeding 5-1/2X, and will not b- subject to prior redemption, and WHEREAS Section 474 of said Act No. /10, as ametded, provides MI part as follows: f any public corporation fails or neglects to account to the county treasurer for the (-)mount ol any installment and interest, then the county treasurer ;hall advance the amoulat trom county funds in the Lalloweng cases, any bonds or other evidence of indebtedness have been issued to finance a projett, the -petition For which was liled alter June 6, 1961, in anticipation of the collection of the installment and interest pursuant to the provisions of this chapter and the board of supervisors has previously acted, hy a resolution adopted by a 2/3 vote or its members elect, to pledye the full faith aid credit of the county for the prompt payment of the principal of and interest on the bond; or evidences of indebtedness, or "(2) If any bonds or other evidence or indebtedness haw-. Leen issued to tinance a project, the petition for which was filed prior to June 6, 1961, in anticipation of the collection of the installment and interest per to the provisions of this chapter," and WHEREAS said Drainage Board deems it advisable and necessary to obtain from this Board a resolution consenting to the pledge of the. Full faith and credit of the county on the aforesaid bend', ,and WHEREAS the said drainage project is immediately necessary to protect and to preserve the public health and, therefore it is in the best interest of the County of Oakland that said bonds be so sc9d, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF OAKLAND, MICHIGAN: 1. That pursuant to the authorization provided in Section 474 of Chapter 20 of the Drain Code, the Board of Supervisor; of the County of Oakland does hereby irrevocably pledge the full faith and credit of the County of Oakland and doos agree that in the event the Township ol Bloond -ield or the County of Oakland shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any installment and interest for the Case. Drain, when due, then the amount thereof shall be immediately advanced from County Funds, and the County 1Measurer is direGted to immediately make such advancement to the extent necessary. 2. That in the event that, pursuant to said pledge of full faith and credit, the County of Oakland advances out of County funds, all or any part of said in and interest, it shall bc the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and pro- ceedings and pursue all remedies permitted or authorized by law for the reimbursement ot such -.LJritS. SO paid. 3. That all resolutions and parts of resolutions insofar as the same may be in conflict with the provisions of this resolution be and the same hereby are rescinded, ADOPTED. AYES: Bachert, Bawden, Beecher, Birnkrant, Brennan, Brewer, Bryant, Case, Charteris, Clarkson, Cline, Dewan, Doherty, Duncan, Edward, Edwards, Famuiaro, Fouts, Erie, Gabler, Grisdale, Hall, Hart] in, Holyoke, Hursfall, Inwood, Johnson, E. Kephart, J. Kephart, Kramer, Lahti, Lessiter, Levinson, Linley, Long, Mainland, Maly, McDonnell, McNamee, Melchert, Melstrom, Mitchell, Oldenburg, Paholak, Peasley, Perinoff, Peterson, Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Schwartz, Simson, Stevens, Solberg, Tapp, Taucher, Taylor, Tinsman, Valentine, VanNatta, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (69) NAYS: None. (0) The Clerk presented to the Board a letter from the County Drain Commissioner stating that a resolution has been adopted by the Clarkson Drain Drainage Board authorizing the issuance. of drain bonds for the Clarkson Drain in the amount of 5125,000, and requesting that the Board of Supervisors adopt a resolution to pledye the full faith and credit ol the County of Oakland as secondary security for the prompt payment of said Drain Bonds. By unanimous consent the said communication was ordered filed with the Clerk. Misc. 4966 IN RE: CLARKSON DRAIN The following resolution was offered by Mr. Valentine and seconded by Mr. Peasley. WHEREAS proceedings have been taken by the Statutory Drainage Beard for the location, as and construction of the Clarkson Drain under the provisions of Act No. 40 of the Michigan Public Acts of 1956, as amended, pursuant to a petition filed by the City or Southfield on March 31, 1967, and WHEREAS the Drainage Board for said Clarkson Drain by resolution on November 8, 1968, author- ized and provided for the issuance of bonds in the aggregate principal amount of $125,000 in anticipation of the collection of an equal amount of unpaid special assesstrients against the City of Southfield and the County or Oakland as their respective shares of the cost or said drain, said special assessments having been theretofore duly confirmed by said Drainage Board, and WHEREAS said bonds are to be designated Drain Bonds, are to be dated January 1, 1969, will bear interest at a rate not exceeding 5-1/2Y, and wild not be subject to prior redemption, and WHEREAS Suction 474 of said Act No. 40, as amended, provide; in parr as follows: "It any public corporation fails or neglects to account to the county treasurer for the amount of any installment and interest, then the county treasurer shall advance the amount theruof from county funds in the following cases: Supervisor= Minute= Continued. Deeorbor r/, 1968 1521 -0) It any bonds or other ovidence el indebtednes= have b. n issued to tinancua r=jord, Lhe petition For which aW, tiled a1ter Tune 6, 196i, in anticipati•n i thi collection ot the irlstall- ment and interest pursuant te tho. provisions of this chapter and rt,• of supervisor= ha= previously acted, by a resolution adopted by a 2/3 vote of irs members elect, to Hedge thy hitt raith and credit_ at the county for the prompt paynent of the principal ol and interest. on the bord= Ta evidence= 4 indebtedness, or "(2) It auy bonds or other evidence of indebtedness hoie Fitton i==ued Lc linance a project, the petition tor which wa= fitod or to In 6, 1961, in anti. ;jail:in of the collection of tho install- ment and interest pursuant to tft provi=ion= of this chapter." , WHEREAS said Draina 1 C...A deems it advi=able and iie.. sdry to obtain from thi= Board a resolution consenting To the pIT.ls. hf the lull faith and crudit el [hi county on the aforesaid Lord and WHEREAS the =did draina.; project is iarrediately neLestidry to protect and to preserve the public health and, therefore, it i . in [he hest interest of the. County of Oakland that said bonds be so sold: NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISTIF't OF THE. COUNTY OF OAKLAND, MICHIGAN; 1. That pursuant to the authorization provided in ST t e 474 of Chaptcr 20 of the Drain Code, the Board of Supervisors of IF County of Oakland does hereby irr T=sably plodgo thu loll faith and credit of the County of Oakland and doe= agr.e that in the event the City of Pontiac or the County of Oakland shall tail or negl..at 1 • aocount Cuurify Treasuron or the. County wf Oakland for the amount of any installment and inide 1 c the Clarltel Drain, when dee, then the amount thereol shall be immediately advanced from County funds, and th•• County Tim.asurer i= directed to immediately mako such advancement to the extent t-• 2. That in the .1d that, pursuant to said nI•ol j • ••t full taith and credit, the County, of Oakland advances out or County funds, all or any part of taid installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the. County or Oakland, to take ail actions and proceedings and pursue all remedies perriitted or authorized by law fwr the reinbursoment al' such sums so paid. 3. That all resolutions and parts of resolutions insolar a= the same may be in conflict with the provisions of this resolution be and the same her are rescinded. ADOPTED. AYES: Bachert, Bawden, Beecher, Birnkr:.nt, Brennan, Brewer, Bryant, Case, Charteris, Clarkson, Cline, Doherty, Duncan, Edward, Edwards, Eldri F,:gularo, Fouts, Frid, Cabler, Grisdale, Hall, Hamlin, Horton, Holyoke, Hursfall, Inwood, Johnson, E. Ktph -rt, J. Kephart, Kramer, Lahti, Lessiter, Levinson, Linley, Long, Mainland, Maly, Han, in, McDonnell, fltlftr. • , Melchert, Mitchell, OrDonoghue, Oldenburg, Paholak, Peasley, Perinoff, Peterson, Powers, Reid, •,:, Rhinevaelt, Rusher, Schiffer, Schwartz, Simson, Slavons, Solberg, Tapp, Taucher, Taylor, Tjtara•an, Valentine, lionNatta, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (/1) MAYS: None. (0) The Clerk presented lat the Board a letter from the County Drain Comlaissioner stating that a resolution has I:,: I- a.loptted by the Horton Relict Drains Drainage Board authorizing the issuance of drain bonds for the H. t-t. a Relief Drains in the amount of $310,000, and roo m tin that the Board of Super- visors adopt a rteolotion to pledge the full faith and credit of the County of Oakland as secondary security for the prompt payment ol said Drain Bonds. By unanimous consent the said communication was ordered filed with the Clerk. Misc. 4967 IN RE: HORTON RELIEF DRAINS The following resolution was offered by Mr. Valentine and seconded by Mr, Pc-Hey. WHEREAS proceedings have been taken hy the Statutory Drainage Board tor the location, estab- lishment and construction of the Horton Reliel Drains under the provisions of Act No. 40 of the Michigan Public Acts of 1956, as amended, pursuant to a petition tiled by the. City of Southfield on February 27, 1968; and WHEREAS tho Drainage Board f.. r said Horton Relief Dr. in,by resolution on Novenber 5, 1968, authorized and provided for the ic-na- f bonds in the ag T r- fat principal amount of 5310,000 in anticipation of the collection of an •..,nal amount of unpaid sia -1 assessments against the City of Southfield as its share of the cost of t,.id drain, said special assessments having been thereteforo duly confirmed by said Drainage Board, and WHEREAS said bonds are ito be designated Drain Bonds, are to be dated January 1, 1969, will bear interest at a rate not exceeding 5-1/21 and will got be subject: to prior redemption, and WHEREAS Section 474 of said Act. No. 40, as amended, provides in part as follows: "It any public corporation fails or neglects to account to the county treasurer for the amount of any installment and in then the county treasurer shall advance the amount thereof from county funds in the following cases: "(1) If any bonds or other evidence of indebtedness have been issued to finance a project, the petition for which was tiled alter June 6, 1961, in an of the collection of the install- ment and interest pursuant to the provisions of this chapter and the board of supervisors has previously acted, by a resolution adopted by a 2/3 vote of its members elect, to pledge the full faith and credit of the county for the prompt payment of the principal ot and interest on the bonds or evidences of indebtedness, or 0 (2) If any bonds or other evidence of indehtedness have been issued to finance a project, the petition for which was filed prior to June 6, 1961, in anticipation of the collection ot the install- ment and interest pursuant to the provisions of this chapter." and 1522 Supervisors Minutes Continued. December 17, 1968 WHEREAS said Drainage Board deofm it advisable and necessary to obtain from this Board a resolution consenting to the pledge ul the full faith and credit of the county on the aforesaid bonds, and WHEREAS the said drain000 project is immediately necessary to protect and to preserve the public health and, therefore, it is in the best interest - of the County of Oakland that said bonds be so sold, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY Of OAKLAND, MICHIGAN: 1. [hat per to the out provided in Section 474 of Chapter 20 of the Drain Code, the Board ol Supervisors of the County of Oakland does hereby irrevocably pledge the full faith and credit of the County of Oakland and does agree that in the event the City of Southiield shall fail or neglect to account to the County Treasurer of the County of Oakland for the amount of any in and interest for Ule Horton Relief Drains, when due, then the amount thereof shall be immediately advanc,d from Courtly funds, and the County Treasurer is directed u) immediately make such advancement to the ctent necessary. 2. That in the event that, pursuant to said pledge of tel faith and credit, the County or Oakland advances out of County funds, all or any part of said installment and interest, it shall be the duty of the County Treasurer, for and on behalf of the County of Oakland, to take all actions and pro- ceedings and pursue all remedies permitted er authorized by law for the It of such sums so paid. 3. That all resolutions and parts of resolutions insofar as the same may be in conflict with the provisions of this resolution be and the same hereby are rescinded. ADOPTED. AYES: Bachert, Bowden, Beecher, Birnkrant„ Brennan, Brewer, Bryant, Case, Gharteris, Clarkson, Cline, Doherty, Duncan, Edward, Edwards, Eldridge, Famularo, Fouts, End, Gabler, Grisdale, Hall, Hamlin, Horton, Holyoke, Hersfall, Inwood, Johnson, E. Kephart, J. Kephart, Kramer, Lahti, Lessiter, Levinson, Linley, Long, Mainland, Maly, Mastin, McDonnell, McNamee, Melchert, Mitchell, O'Donoghue, Oldenburg, Paholak, Peasley, Perinoff, Peterson, Powers, Reid, Remer, Rhinevault, Rusher, Schiffer, Schwartz, Simson, Slovens, Solberg, Tapp, Toucher, Taylor, Tinsman, Valentine, VanNatta, Wahl, Walker, Webber, Wilcox, Wilmot, Woods. (71) NAYS: None. (0) Misc. 4968 By Mr. Valentine IN RE: SYLVAN LAKE LEVEL To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS this Board, by Miscellaneous Resolution No. 3860, dated October 2, 1961, provided that new lake level projects other than lakes set torth in said Resolution No. 3860 be initiated by the filing of proper petitions by interested freeholders, and WHEREAS Miscellaneous Resolution No. 3860 further provides that, in the interest of public welfare and necessity, new lake level projects may be instituted by resolution of this Board, and WHEREAS the conditions presently existing at the Sylvan Lake outlet structure on Orchard Lake Road are such that frequent fluctuation of the water levol of Sylvan Lake has occurred and has created a health hazard for the residents around the lake, and WHEREAS your Drain Committee is of the opinion that necessity dictates the establishment of a normal lake level for the protection et the public welfare, NOW THEREFORE BE IT RESOLVED: 1. That this Board for the protection of the public health and safety and to preserve the natural resources of the State and to protect the values of property around Sylvan Lake, deems it expedient to determine and establish the nornal height and level of Sylvan Lake located in the Township of Waterford, Township of West Bloomfield, City of Sylvan Lake, City of Pontiac, Oakland County, Michigan pursuant to the provisions of Act No, 146 of the Public Acts of 1961, as amended. 2- That the Prosecuting Attorney, through the office of the Corporation Counsel, initiate in the Circuit Court for the County of Oakland, by proper petition a proceeding to establish the level sought. 3. That the property in the area of the improvement will benefit and shall bear the entire cost of the project. 4. That the Drain Commissioner establish a Special Assessment District as prescribed in said Act No. 146. 5. That the cost of maintaining the level of the said lake shall be borne by the benefited properties. Mr. Chairman, on behalf of the Drain Committee, I move the adoption of the foregoing resolution. DRAIN COMMITTEE Curtis Potter, Chairman Wm. K. Smith, Charles J. Maly Lee B. Valentine, Richard R. Wilcox Moved by Valentine supported by Brewer the resolution be adopted. A sufficient majority having voted Therefor, the resolution was adopted. Supervisors Minutes Continued. Pys r ly, 1968 Misc. 49h9 By Or. Valentine IN RE: STATUS REPORT ON OAKLAND COUNTY SOLID WASTE DISPOSAL STUDY To the Oakland County. Board oi Supervisors Mr. Chairman, Ladies and Gentl• men: On December 14, 196f, this Boird of Supervisor; adopted Mistellaneoun Resolution Or 46Y-9, which amended Miscullaneoe K. •..lotion No. 4645, and which authorized the Oakland Cotnty Drir r,roj',',inn- cr to undertake a study OH L...1,-11- of this Board of the need for Rubbish and Garbage Disposal fucilities and report back with a recw,m, •.J, licv as to the necessity for such lacilities and for further direction as to said recommendation. Miscellaneous R cmlution Ni. 4659 also designated the Oakland County Drain Cohoissioner as Agent Hr the Board of Sulk ri1c)rs linden provisions of Act 342 of the Public Acts ot 1939 and authorized said Drain Commissioner 'Cr ecure Federal Grants lor 6 Solid Wastc Disposal Study. The study, implemesited by 0,:41:-.,11 County and undertaken by tha engineering firm 01 tono;, Henry and Williams of Toledo, Ohio, h. . m in progress for the. past two years and has been reported on from time to time to yonr Dreln t litt •• Your Drain Committee I. r. P. ofte the following status report of the Solid Waste Disposal Study undertaken by Oal I. nd County. I. Federal tj. -...r•.-ent acceptance ot the repert was given on November 21, 1963, 2. The st..gi m rort was harworded to the printers on November 26, 1968 and proof reading of the gal icy sheets was t• be made on or about December lb, 1968 by Federal Government representatives and returned to the printers for printing and binding. 3. The report books are scheduled to be completed between January 1, 1969 and January 15, 1969 and 500 copies will be available lor distribution to all interested parties, including the Oakland County Board of Supervisors. Mr. Chairman, on behalf of the Drain Committee, 1 move the acceptance of the foregoing status report of the Solid Waste Disposal Study undertaken by Oakland County. DRAIN COMMITTEE Lee B. Valentine, Charles J. Maly Richard R. Wilcox. Moved by Valentine supported by Duncan the report be accepted. A sufficient majority having voted therefor, the motion carried. Misc. 4970 By Mr. Gabler IN RE: MEDICAL EXAMINER APPOINTMENT To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS the electorate. of the County of Oakland at the General Election held on November 5, 1968 approved the referendum abolishing the iii Ins of County Coroner and creating the office of Medical Examiner, and WHEREAS your Committee believes the office of Medical Examiner should be tilled by appointment by the new Board of Supervisors taking office in January of 1969, and WHEREAS your Committee believes a temporary Medical Examiner should he appointed pending the sittinq and appointment by the Board of Snpervisors who take or ice in January, 1969, and WHEREAS your Committee recommends that Bernard Berman, M. D. he appointed Actine Medical Examiner; Jr' NOW THEREFORE BE IT RESOLVED that Bernard Berman, M. D. be appointed Acting Medical Examiner to servo without additional compensation until such time as his successor is appointed and qualified by the new Board of Supervisors taking office in January of 1969. Mr. Chairman, on behalf of the Health Committee, I move the adoption of the foregoing resolution. HEALTH COMMITTEE Cyril E. Miller, Chairman Wm. T. Duncan, Wallace F. Gabler, Jr., Lee Walker Duane Hun, all. Jean McDonnell, Earl Rhinevault Moved by Gabler supported by Hursfall the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 4971 By Mr. Hall IN RE: TUSCOLA COUNTY CIVIL DEFENSE MERIT SYSTEM To the Oakland County Board ot Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS in order that the Tuscola County Office of Civil Defense may participate in the Federal Financial Assistancd Program provided by Public. Law 85 -6o6, H.R. 7576, August 8, 1958, it is necessary that the graded awrsonnel of said Office of Civil Defense have protection equivalent to that provided such (smolt :tr ... under Civil Service, and WHEREAS the Merit System of the County of Oakland has been approved as affording such pro- tection, and 1524 Supervisors Minutes Continued. December 17, 1968 WHEREAS the Board of Supervisors ol Tuscola County, by resolution of November S. 1968, adopted the Oakland County Merit System lor the grading ot employees of Tuscola County Oilice of Civil Defense 1[--Id requested the County of Oakland to extend its Merit System servlces to cover such employees, and WHEREAS extending the coverage of the Oakland County Memit System To the grading of Personnel of the Tuscola County Office of Civil Detense will not obligate the County of Oakland as Tuscola County has agmend to reimburse the County of Oakland for any Oakland County expense, NOW THEREFORE BE IT RESOLVED that the Personnef Policies Committee, Personnel Appeal Board, the Board of Auditors and its Personnel Division be directed to extend the coverage of the Oakland County Memit System to include the graded personnel of the Tnscola County Office of Civil Defense until such time as Tuscola County wishes the arrangement terminated and to bill Tuscola County only For expenses directly involved. Mr. Chairman, on behalf of the Personnel Policies Committee, I move the adoption of the I oregoing resolution. PERSONNEL POLICIES COMMITTEE Curtis H. Hall, Chairman Gordon R. Bryant, William L. Mainland Elmer Kephart, Elbert M. Wilmot Moved by Hall supported by Edwards the resolution be adopted. A sufficient ffajority having voted therefor, the resolution was adopted. Misc. 4972 By Mr. Hall IN RE: ADDITIONAL COMPENSATION FOR DISTRICT JUDGES To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS Act 154 of the Public Acts of 1968 established the District Court System in the State of Michigan, and WHEREAS said Act 154 created District No. 52 composed of three Divisions with one Judge in each Division, and WHEREAS Section 8202 of said Act 154 provides that the District Control Unit may establish additional compensation for said Judges not to exceed $9,500.00 to be paid by the District Control Unit, and WHEREAS said Act 154 provides payment by the State of Michigan of $18,000.00 to each of the three Judges, and WHEREAS the County of Oakland is the District Control Unit for District No 52 and your Committee recommends that the District Judges in District No. 52 be paid additional compensation of $9,500.00 each per year, NOW THEREFORE BE IT RESOLVED that pursuant to the provisions of Act 154 of the Public Acts of 1968, additional compensation be provided for each of the District Judges in District No. 52 at the rate of $9,500.00 per year. Mr. Chairman, on behalf of the Personnel Policies Committee, and with the concurrence of the Ways and Means Committee, I move the adoption of the foregoing resolution. WAYS AND MEANS COMMITTEE PERSONNEL POLICIES COMMITTEE David Levinson, Chairman Curtis H. Hall, Chairman Willis M. Brewer, Homer Case, James Clarkson Gordon R. Bryant, Elmer Kephart Harry W. Horton, Elmer R. Johnson, Seeley Tinsman Wm, L. Mainland, Elbert M. Wilmot Thomas H. O'Donoghue, Howard O. Powers Moved by Hall supported by E, Kephart the resolution be adopted. AYES: Bachert, Bawden, Beecher, Birnkrant, Brennan, Brewer, Bryant, Case, Clarkson, Clint, Duncan, Edwards, Famularo, Fouts, Grisdale, Hall, Hamlin, Holyoke, Horton, Hursfall, Johnson, E.Kephart, J. Kephart, Kramer, Lahti, Levinson, Linley, Mainland, Maly, Mastin, McDonnell, McNamee, Melchert, Melstrom, O'Donoghue, Oldenburg, Paholak, Peasley, Perinoff, Peterson, Powers, Reid, Renter, Rhinevault, Rusher, Schiffer, Schwartz, Slavens, Taucher, Tinsman, Valentine, VanNatta, Wahl, Wilcox, Wilmot, Woods, (56) NAYS: Charteris, Doherty, Eldridge, Frid, Inwood, Lessiter, Long, Mitchell, Simson, Stine, Tapp, Taylor. (12) A sufficient majority having voted therefor, the resolution was adopted. Misc. 4973 By Mr. Hall IN RE: SALARIES OF MAGISTRATES FOR DISTRICT COURT NO, 52 To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS Act 154 of the Public Acts of 1968 established the District Court System in the State of Michigan, and WHEREAS Section 8509 of said Act 154 provides that the Board of Supervisors of a Second Class District may create more than one magistrate position and more than one magistrate area, and WHEREAS your Committee, after study, recommends that District No. 52, the District for which Supervisors Minutes Continued. Pict:niter 17, 1968 the County of Oakland is the controlling unit, be divided into two Magistrate areas and that the position of C s be created, much Magistratpts to he p,lid at thf rate of $9,000.00 ger year; NOW THEREFORE BE IT RESOLVED that pursuant to Act 154 ul the Public Actt of 1968, the 52nd District he dividud into Kan Magistrate areas with two Magistrate positions created for which the cora- utilisation shall be at the rare ol $9,000.00 per ycur. Mr. Chairman, on bahall of the Personnel Policies Committee, and with the concurrence of the Ways and Means Committee, I move the adoption of the or ping resolution. WAYS AND MEANS COMMITTEE PERSONNEL POLICIES COMMITTEE David Levinson, Chairman Curtis H. Hall, Chairman Willis M. Brewer, Homer Case, James Clarkson Gorden R. Bryant, Elmer Kephart Harry W. Horton, Eimer R. Johnson, Seeley Tinsman Or L. Mainland, Elhert M. Wiimot Thomas H. O'Donoyhuo, Howard O. Powcrs Moved by Hall supported by E. Kephart the resolution be adopted. Discussion followed relative to the duties of the magistrates. Moved by Waller supported by Charter's the Board adjourn subject to the call of the Chair. A sufficient majority not having voted therefor, the motion lost. Discussion followed. Moved by Taucher supported by Birnkrant the resolution be laid on the table until after the District Court Judges teL office. A sufficient majority having voted therefor, the motion carried. Misc. 4974 By Mr, Hall IN RE:SALARIES OF CIRCUIT JUDGES To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS the question of the constitutionality of the provisions of Act 252 of the Public Acts of 1966 has been raised, and WHEREAS your Committee requested an opinion of the Corporation Counsel on the constitutionality of said Act, and WHEREAS the Corporation Counsel in an opinion dated November 26, 1968, stated that, in his opinion said Act 252 is unconstitutional and void and unenforceable, and WHEREAS the Attorney General of the State of Michigan and the Prosecuting Attorney of Wayne County have issued recent opinions reaching the same conclusion, that said Act 252 is unconstitutional and WHEREAS said Act being unconstitutional, it was therefore unlawful for the Beard of Supervisors to reduce the Circuit Judges salary from $14,000.00 to $10,000.00 per year, and WHEREAS your Committee recommends that the Circuit Judges be paid at the rate of 514,000.00 per year by the County of Oakland, and WHEREAS there is now due and owing to the Circuit Judges for the years 1967 and 1968 the sum of 54,000.00 for each judge for each year and also all of the fringe benefits which would now be due, NOW THEREFORE BE IT RESOLVED that the 1969 Budget be amended insofar as it pertains to the salaries to be paid by the County of Oakland to the Circuit judyes; and that said salaries be established at 514,000.00 per year; BE IT FURTHER RESOLVED that the sum of $36,000.00 which had been previously appropriated in the 1967 budget to cover this contingent 1967 liability, and the sun ot 536,000 from the 1968 unappro- priated surplus for the 1968 contingent liability, be appropriated for this purpose; BE IT FURTHER RESOLVED that the sun of 572,000, OT 54,000 per year for each of the Circuit Judges be paid only upon written request of each of the Circuit Judges. Mr. Chairman, on behalf of the Personnel Policies Committee, and with the concurrence of the Ways and Means Committee, I move the adoption of the foreyoing resolution. WAYS AND MEANS COMMITTEE PERSONNEL POLICIES COMMITTEE David Levinson, Chairman Curtis H. Hall, Chairman Willis M. Brewer, Homer Case, James Clarkson Gordon R. Bryant, Elmer Kephart Harry W. Horton, Elmer R. Johnson, Seeley Tinsman Wm. L. Mainland, Elbert M. Wilmot Thomas H. O'Donoyhue, Howard O. Powers Moved by Hall supported by Levinson the resolution be adopted. Discussion followed. AYES: Bachelt, Birnksant, Brewer, Bryant, Case, Clarkson, Cline, Hall, Hamlin, Horton,Hursfall, Johnson, E. Kephart, J. Kephart, Kramer, Levinson, Mainland, Maly, Melchert, Mitchell, Oldenburg, Peasley, Perinelf, Powers, Reid, Rener, Rhinevault, Rusher, Schitfer, Schwartz, Slav ens, Tinsman, Wilcox, Wilmot, Woods. (35) NAYS: Bawden, Beecher, Brennan, Charteris, Doherty, Duncan, Edwards, Eldridge, Famularo, Fouts, End, Gabler, Grisdale, Inwood, Lahti, Lessiter, Linley, Long, Holyoke, Mastin, McDonnell, Melstrom, O'Donoqhue, Paholak, Peterson, Simson, Tapp, -Faucher-, Taylor, Valentine, VanNatta, Wahl, Walker. (33) 126 Supervisor-, Minutes Continued. December 17, 1968 A sufficient majority not haying vofe(I thereMor, rhe motion lost. (44 votes required - A majority of the members-elect) Moved by Walker supported by Eldridge the Board adjourn subject LO the call ol the Chair. A sufficient majority having voted therefor, the motion carried. Lynn D. Allen Clerk Delos Hamlin Chairman