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HomeMy WebLinkAboutMinutes - 1969.05.15 - 78251 07 OAKLAM COUNiN Board Of Supervisors MEETING May 15, 1969 Meeting called to order by Chairman Charles B. Edwards, Jr. at 10:15 A.M. in the County Centr Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Invocation given by Carl W. O'Brien. Roll called. PRESENT: Aaron, Benson, Coy, Edwards, Gabler,Grba, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin, Mathews, O'Brien, O'Donoghue, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Szabo, Walker, Wilcox. (25) ABSENT: Bawden, Brennan. (2) Quorum Present Moved by Aaron supported by O'Donoghue the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the motion carried. Clerk read letter from Farmington City regarding assessing practices. (Referred to Equalization Committee.) Clerk read letter from Roy Wahl, Pontiac Township Supervisor, opposing use of land in Pontiac Township for a land-fill. (Referred to Public Works Committee.) Clerk read letter from Robert H. Long, Commerce Township Supervisor, opposing use of lard in Commerce Township for a sanitary land fill, (Referred to Public Works Committee.) Misc. 5074 By Mr. Grba IN RE: PURCHASE OF HELICOPTER FOR SHERIFF'S DEPARTMENT To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS, the Sheriff's Department of the County of Oakland has been given an opportunity to acquire an Enstrom F-28A Helicopter; through the pledges of certain individuals and corporations in the County, said helicopter to be used in law enforcement by the Sheriff's Department; however, said amnr pledged by the individuals and corporations is short of the purchase price in an amount of 55000.00; and WHEREAS, the Public Protection and Judiciary Committee has recommended to this Committee :That the County acquire a helicopter for use in law enforcement protection: and WHEREAS, such helicopter would be used for Marine Enforcement, Traffic Control, search and rescue operations and other necessary law enforcement purposes; and WHEREAS, your Committee believes it would be a valuable addition to the Sheriff's Department in the conduct of its law enforcement duties; and WHEREAS, it will be necessary to appropriate the sum of $5000,00 toward the acquisition of such helicopter, the balance of the sum of the purchase price to be received from the public donations; and WHEREAS, it is further necessary to appropriate the sum of S5000.00 for the operation and maintenance of said helicopter, NOW THEREFORE BE IT RESOLVED that the County of Oakland accept the donation from private individuals and corporations of certain sums of money toward the purchase of a helicopter to be used by the Sheriff's Department for law enforcement purposes; BE IT FURTHER RESOLVED that the sum of $5000.00 be appropriated from the 1969 Contingent Fund to the Sheriff's Capital Outlay Fund toward the purchase of said helicopter; and that an additiona, sum of $5000.00 be appropriated from the 1969 Contingent Fund to the Sheriff's Department Operating Budget for the operation and maintenance of the Enstrom F-28A Helicopter. MR. CHAIRMAN, on behalf of the Finance Committee, I move the adoption of the foregoing reso- lution. FINANCE COMMITTEE George N. Grba, Chairman Thomas O'Donoghue, Delos Hamlin, Carl W. O'Brien, Fred D. Houghten, Albert F. Szabo, Christian F. Powell Moved by Grba supported by Richards the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. 108 Supervisors Minutes Continued. May 15, 1969 Misc. 5075 By Mr. Grba IN RE: TRANSFER OF FUNDS FOR PURCHASE OF MOVIE PROJECTOR To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS, from time to time the use of certain training and instructional films by the various County Departments for the instruction and training of employees would be of assistance; and WHEREAS, the County Board of Supervisors frequently has occasion to use a movie projector; and WHEREAS, your Committee recommends that a 16 Millimeter Movie-Sound Projector be purchased for the sum of not to exceed $1235.00; and WHEREAS, it will be necessary to transfer $1235.00 from the Contingent Fund for such purpose, NOW THEREFORE BE IT RESOLVED, that the sum of $1235.00 be transferred from the Contingent Fund to the Board of Auditors Capital Outlay Budget to be used for the purchase of such 16 Millimeter Movie-Sound Projector; BE IT FURTHER RESOLVED that when purchased the said projector be under the general control and direction of the Board of Auditors for use of the Board of Supervisors and the various departments of the County. MR. CHAIRMAN, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE George N. Grba, Chairman Thomas O'Donoghue, Delos Hamlin, Albert F. Szabo, Fred D. Houghten, Christian F. Powell Moved by Grba supported by Wilcox the resolution be adopted. Discussion followed. Mr. Walker abstained from voting. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5076 By Mr. Grba IN RE: FUNDS FOR LEGISLATIVE EXPENSE To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS, the Finance Committee has studied the advisability and necessity of providing funds for legislative expense to further the County's Legislative Program, and WHEREAS, the adoption of the Legislative Program is a vital and important function of the Board of Supervisors on behalf of its agencies, boards and departments, NOW THEREFORE BE IT RESOLVED that the sum of $3,500.00 is hereby transferred from the Contingent Fund to Corporation Counsel's budget for funds for legislative expense, and BE IT FURTHER RESOLVED that expenditure of such funds shall not be governed by the Standardized Travel Regulation of the Board of Auditors, and BE IT FURTHER RESOLVED that the payment of cash advances and reimbursement of expenses shall be made upon the approval of the Corporation Counsel and the Chairman of the Board of Auditors. MR. CHAIRMAN, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE George N. Grba, Chairman Thomas O'Donoghue, Delos Hamlin, Carl W. O'Brien, Fred D. Houghten, Albert F. Szabo Moved by Grba supported by O'Brien the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5077 By Mr. Grba IN RE: FISCAL NOTE - ARCHITECT FEES FOR MENTAL RETARDATION FACILITY To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS, Miscellaneous Resolution No. 5067 of May 1, 1969, was referred to your Finance Committee for fiscal consideration; and WHEREAS, your Committee has reviewed the tentative cost of architectural fees for service by Tarapata, McMahon, Paulsen & Associates, Inc., for the Mental Retardation Facility; and WHEREAS, your Committee finds such funds available in the County Building Fund and earmarked for the North Oakland Training Institute Clinic (Mental Retardation Facility), having previously been appropriated by Miscellaneous Resolution No. 4932; NOW THEREFORE your Committee reports that there are funds available and earmarked for this purpose by said Resolution No. 4932, FINANCE COMMITTEE George N. Grba, Chairman Thomas H. O'Donoghue, Carl W. O'Brien, Albert F. Szabo Delos Hamlin, Fred D. Houghten, Christian F. Powell Supervisors Minutes Continued. May 16, 1969 Moved by Grba supported by Pernick the resolution be adopted. A sufficient majority haying voted therefor, the resolution was adopted. Misc. 5078 By Mr. O'Brien IN RE: OPPOSITION TO TERMINATION OF TAX EXEMPTION ON MUNICIPAL BONDS To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS the Administration has presented its tax reform package and the House Ways and Means Committee has completed its hearings on tax reform, and WHEREAS members of the House Ways and Means Committee have in public statements advocated strong, direct action against tax exempt municipal bonds, and WHEREAS the termination of tax exemption on municipal bonds will have a serious detrimental effect on the capital financing in Oakland County and drastically impair the ability of the County to finance needed improvements, and WHEREAS the termination of the tax exemption would result in the individual municipal bond investor requiring a higher bond yield to offset his increased taxes thus adding to the burden of the taxpayers of Oakland County, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Supervisors strongly onposes the termination of tax exemption on municipal bonds and any impairment of the basic exemption of local government securities, BE IT FURTHER RESOLVED that copies of this resolution be sent to Congressmen William S. Broomfield and Jack H. McDonald, Senators Philip A. Hart, Robert P. Griffin, Congressman Wilbur Mills, Chairman of the House Ways and Means Committee and all members of the County State Legislative delegation. Mr. Chairman, on behalf of the Legislative Committee, I move the adoption of the foregoing resolution. LEGISLATIVE COMMITTEE Carl W. O'Brien, Chairman Christian F. Powell, Lee Walker, William L. Mainland, Alexander C. Perinoff, Wallace F. Gabler Moved by O'Brien supported by Gabler the resolution be adopted. Moved by Horton supported by Gabler the resolution be amended, that a copy be sent to each municipality urging them to send concurring resolutions to members of Congress. Mr. Hamlin requested that a copy also be sent to NACO (National Association of Counties). Vote on amendment: AYES: Benson, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin, Mathews, O'Brien, O'Donoghue, Olson, Perinoff, Pernick, Powell, Richards, Richardson, Szabo, Walker, Wilcox. (23) NAYS: Aaron. (I) A sufficient majority having voted therefor, the motion carried. Vote on resolution, as amended: AYES: Benson, Coy, Edwards, Gabler, Hamlin, Horton, Houghten, Kasper, Mainland, Mathews, O'Brien, O'Donoghue, Perinoff, Pernick, Powell, Richards, Richardson, s7abc,, Wilcox. (19) NAYS: Aaron, Mastin, Olson, Walker. (4) A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 5079 By Mr. Wilcox IN RE: SPECIAL ELECTION-CHARTER COMMISSION AVON TOWNSHIP INCORPORATION (PROPOSED CITY OF ROCHESTER HILLS) To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS, there has been filed, pursuant to the provisions of Act 279 of the Public Acts of 1909 as amended, a petition for incorporation of Avon Township as a Home Rule City; and WHEREAS, a proposed Charter was submitted to the electorate of Avon Township at an election held on March 10, 1969, which proposed Charter was rejected by the electorate of Avon Township; and WHEREAS, pursuant to Section 17 of said Act, a petition may be filed within 10 days of the canvass of the determination of the election so held on the proposed Charter calling for the selection of a new Charter Commission; and WHEREAS, a new Petition was timely filed calling for the election of a new Charter Commission; WHEREAS, the Board of Supervisors is required to select a date for the election of a new Charter Commission; and WHEREAS, your Committee recommends to this Board that September 16, 1969 be the date for the election of a new Charter Commission in the proposed incorporation of Avon Township, NOW THEREFORE BE IT RESOLVED that the County Clerk of the County of Oakland be directed to take the necessary steps to call an election for a new Charter Commission at a Special Election to be 109 and and 110 Supervisors Minutes Continued. May 15, 1969 held on September 16, 1969. Mr. Chairman, on behalf of the Local Affairs Committee, I move the adoption of the foregoing resolution. LOCAL AFFAIRS COMMITTEE Richard R. Wilcox, Chairman Philip O. Mastin, Niles E. Olson, Albert F. Szabo, Paul E. Kasper, Fred D. Houghten Moved by Wilcox supported by Szabo the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5080 By Mr. Wilcox IN RE: REORGANIZATION OF NOVI TOWNSHIP To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS the City of Novi has recently incorporated as a Home Rule City; and WHEREAS there remain eight (8) parcels of land which now comprise Novi Township; and WHEREAS there is presently one Township Board member residing within the Township of Novi; and WHEREAS pursuant to the provisions of Act 156 of the Public Acts of 1851, as amended, the Board of Supervisors is authorized to call a public meeting of the electors of the Township for the purpose of the selection by the electors of the Township of a new Township Board; and WHEREAS your Committee recommends that a meeting be called in the Township of Novi for the purpose of the selection of a new Township Board; NOW THEREFORE BE IT RESOLVED that, pursuant to the provisions of Act 156 of the Public Acts of 1851, as amended, this Board of Supervisors directs that a meeting of the electors of Novi Township be called for the purpose of the selection of a new Township Board. BE IT FURTHER RESOLVED that this Board of Supervisors selects the following three (3) electors to preside at such meeting: Leo Kalota Robert Mohr Leonard Chomic 44102 Cottisford Ct, 44138 Wyrgate 44554 Chedworth Dr. Northville, Mich. Northville, Mich. Northville, Mich. BE IT FURTHER RESOLVED that the Board of Supervisors designates the Novi Community Hall, 26360 Novi Road, as the place for the holding of such meeting and establishes the time of such meeting to be 8:00 P.M. EST, June 9, 1969. Mr. Chairman, on behalf of the Local Affairs Committee, I move the adoption of the foregoing resolution. LOCAL AFFAIRS COMMITTEE Richard R. Wilcox, Chairman Fred D. Houghten, Paul E. Kasper, Philip 0, Mastin, Jr., Niles E. Olson, Albert F. Szabo Moved by Wilgox supported by Coy the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5081 By Mr. Mainland IN RE: OAKLAND-PONTIAC AIRPORT EASEMENTS TO DETROIT EDISON COMPANY AND MICHIGAN BELL TELEPHONE COMPANY To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS in order to improve the safety factor at the Oakland-Pontiac Airport, it is necessary to relocate the telephone and electrical lines on said Airport property; and WHEREAS to eliminate any hazard from such wires it is desirable to relocate them underground: and WHEREAS your Committee recommends that said relocation be made; and WHEREAS your Committee finds that it will be necessary to grant new joint-easements for the relocation to the Detroit Edison Company and the Michigan Bell Telephone Company over and across the following described premises: "Beginning at a point on the North 1/8 line of Sect ion 17, T 3 N, R 11 E, Waterford Township, Oakland County, Michigan, said point being North 02 17' 30" West 1332.79 feet and South 87 ° 41 , 21" West, 887.32 feet from the East 1/4 corner of Section 17; thence South 02 ° 17' 19" East 800 feet; thence South 87 ° 41 , 21" west 20.00 feet: thence North 02° 17' 19" West 800.00 feet, thence North 87 ° 41 , 21" East 20.00 feet to point of beginning, said easement being centered on a line 10.00 feet West of the west side of existing T-Hangars, and extending from the North property line of Oakland-Pontiac Airport (the N. 1/8 line of Section 17) and extending southerly for 800.00 feet."; and WHEREAS, it is further necessary for the County and the Companies to agree to certain conditions a copy of said agreement is attached hereto for reference, NOW THEREFORE BE IT RESOLVED that the Chairman and Clerk of the Board of Supervisors be and they are hereby authorized and directed to execute the easements and agreements, in the form attached hereto, on behalf of the County of Oakland. Sueeevisors Minutes Continued. May 15, 1969 111 Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption of the foregoing resolution. PLANNING, ZONING Atat BUILDING COMMITTEE Niles E. Olson, Chaia t,e William La Mainland, E. Frank Richardson, Carl W. O'Brien, Mahlon Benson, Jr.,Alexander C. Perinoff, Paul E. Kasper APARTMENTS AGREEMENT THIS AGREEMENT, ma in this , iaCa, between OAKLAND COUNTY BOARD OF SUPERVISORS, a Michlar Cea:.tit ,tianal Carporation, Talegraph Road, Pontiac, Michigan hereinafter referred to as ' 9EVEt.OPFaH, aaaIF bETROIT EDISON COitHa:.:, a New York corporation, with offices at 2000 Second Avenue, Lattiatit, Michiaan, 48226, hereinafter referred to as "EDISON", and MICHIGAN BELL TELEPHONE COMPANY, a Michigan corporation, with offices at 1365 Cass Avenue, Detroit, Michigan, 48226, hereinafter referred to as "BELL". W I T .NES: Ta TH: WHEREAS, DEVELOPER is me'‘ina certain rearreat,ameots on land known as Oakland-Pontiac Airport , on ler:: in the Toeiaahip of Yaterisrd, County of Oakland , State of Michigan, as described in Appendix 'it which is at -ached hr 'r::and made a part hereof, and WHEREAS, DEVELOEa desiraa and BELL to install their facilities for underground three phase electric -vice aka ca services including necessary cable poles and above ground equipment. NOW THEREFORE in considerati,m1 of the mutual promises and covenants herein made between DEVELOPER and EDISON and BELL, it is hereby agreed as follows: DEVELOPER AGREES: 1. To record prior to utility installations a separate instrument granting private easements for public utilities and restrictions acceptable to EDISON and BELL for their utility facilities. 2. To grade easements to finished grade in aceordance with local governmental regulations prior to installation of under. round lines so that the :.acilities of the utilities can be properly installed in relation to finish• - grade, The grade astab:shed for the land at the time the utilities place their facilities in the -.teat its shall be cri--.•-e-ea finished grade. 3. To place survey s.tkes indicating propert, lines and building plot lines before and after trenching to enable the utilities to properly locate LGeir underground facilities and above ground equipment. 4. Sewer, ae:e and gas lines may cross but may not be installed within the easements used for electric and commLnication lines. 5. To remove at DEVELOPER'S expense all trees, so' •tbery or obstruction which may be necessary or required for installation of electric and crtia•ticatian ftiiities in the easements provided to EDISON and BELL, and to provide for trench et DEliEtOPER'a c/aense in accordance with a separate letter agreement between DEVELOPER and EDISON, 6. To locate the trenches in the easements and to backfill in accordance with specifications of the utilities. DEVELOPER assures EDISON and BELL that the backfill shall be free of rubble and clods of hard or frozen dirt and shall not contain material which can damage emplaced lines. 7. To pay all extra costs incurred by utilities if paving is done before cable or conduit crossings are in place. 8. At DEVELOPER'S expense, as and wherever required by BELL, to place conduit within the land described in Appendix "A" for telephone facilities. P. DEVELOPER further agrees that if subsequent to the installation of the utility's facilities by EDISON or BELL it is necessary to repair, move, aodify, rearrange or relocate any of their facilities to conform to a new plot plan or change of grade made by DEVELOPER. or for any cause or changes attrib- utable to public authority having jurisdiction or to DEVELOPER'S action or request, DEVELOPER will forthwith pay the cost and expense of repairing, moving, modifying, rearranging or relocating said facilities to EDISON or BELL upon receipt of a statement therefor. Further, that if the electric or communication utility facilities of EDISON or BELL, or the electric service conductors owned and installed by DEVELOPER or its successors or assigns and which EDISON will maintain, are damaged by acts of negligence on the part of tle DEVELOPER, or by contractors engaged by DEVELOPER of its successors OT assigns, repairs shall he ma-aie by the utilities named herein at the cost and expense of DEVELOPER or its successors and assigns aad shall be paid forthwith to EDISON or BELL by DEVELOPER or its successors and assigns upon receiving a statement therefor. II UTILITIES AGREE: 1. Upon completion of the above requirements, to furnish, install, own and maintain, at their own expense, (except costs and expenses set forth in Paragraph 5, 7, 8 and 9), their electric and communication facilities in the private easements located in the above described lands. Provided, however, should the above described installations of the utilities be damaged by acts of negligence on the part of DEVELOPER or its contractors or assigns, repairs shall be made at the cost and expense of the DEVELOPER or its successors or assigns and shall be paid forthwith to EDISON or BELL by DEVELOPER or its successors or assigns upon receiving a statement therefor, • To meter and bill each tenant individually at the standard rates established by the Michigan Public Service Commission. This Agreement shall inure to the benefit of and be binding upon the respective heirs, administrators, executors, personal representatives, successors, and assigns of the parties hereto. 112 Supervisors Minutes Continued. May 15, 1969. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first above written. Iii the Presence of; OAKLAND COUNTY BOARD OF SUPERVISORS, A Michigan Constitutional Corporation By By THE DETROIT EDISON COMPANY By By MICHIGAN BELL TELEPHONE COMPANY By Staff Supervisor, Right of Way (Authorized signature) STATE OF MICHIGAN)ss COUNTY OF On this day of , 1969, before re appeared and to me personally known, who being by me duly sworn, did say that they are respectively and of OAKLAND COUNTY BOARD OF SUPERVISORS, A Michigan Constitutional Corporation, created and existing under the laws of the State of Michigan and that the said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and the said and acknowledged the said instrument to be the free act and deed of Lhe said Corporation, My commission expires: Notary Public, County,Michigan APPENDIX "A" Beginning at a point on the North 1/8 line of Section 17, T3N, R11E, Waterford Township, Oakland County, Michigan, said point being N. 020 1730" W., 1332.79 ft, and S. 87 °41'21" W. 887.3g., from the East 1/4 corner of Section 17; thence S. 02 °17'19" E., 800.00 ft., thence S. 87 41'21" W. 20.00 ft.; thence N. 02°17'19" W. 800.00 ff., thence N, 87°41'21" E. 20.00 feet to point of beginning, said easement being centered on a line 10.00 feet West of the west side of existing T-Hangars, and extending from the North property line of Oakland Pontiac Airport (the N. 1/8 line of Section 17) and extending southerly for 800.00 ft. STATE OF MICHIGAN ) SS COUNTY OF WAYNE ) On this day of , 19 , before me, the subscriber, a Notary Public in and for said County, personally appeared and to me personally known, who being by me duly sworn, did say that they are the and of THE DETROIT EDISON COMPANY, a corporation organized and existing concurrently under the laws of Michigan and New York, and that the seal affixed to said instrument is the corporate seal of the said corporation, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors and and acknowledged said instrument to be the free act and deed of said Corporation. My Commission expires: Notary Public County, Michigan STATE OF MICHIGAN ) SS COUNTY OF OAKLAND ) On this day of , 19 , before me, the subscriber, a Notary Public in and for said County, appeared to me personally known, who being by TIC duly sworn, did say that he is Staff Supervisor of Right of Way, authorized by and for MICHIGAN BELL TELEPHONE COMPANY, a Michigan, Corporation, and that the said instrument was signed in behalf of said Corporation, by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. My Commission expires: Notary Public County, Michigan APARTMENTS Name of Project: Oakland-Pontiac Airport EASEMENT GRANT and DECLARATION OF RESTRICTIONS THE UNDERSIGNED, hereinafter called "GRANTOR(S)", in consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, hereby grants and conveys to THE DETROIT EDISON COMPANY, a corporation organized and existing concurrently under the laws of Michigan and New York, with offices at 2000 Second Avenue, Detroit, Michigan, 48226, hereinafter referred to as "EDISON", and MICHIGAN BELL TELEPHONE COMPANY, a Michigan corporation, with offices at Supervisors Minutes Continued. May 15, 1969 113 1365 Cass Avenue, Detroit, Michigan, 48226, hereinafter referred to as "BELL", their licensees, lessees, successors and assigns, easements for the purpose of providing underground electric and communication services, including the necessary underground lines, cables and equipment, and in- cludiny above ground cable pole(s), and other utility facilities, in, under, over, upon and across an area 6 feet wide, the plannod centerline(s) of which are presently identified on The Detroit Edison Company Drawing No. OU2-4-2478, but the location of which shall be shown on revised drawings "as installed", which drawings shall be attached hereto and made a part hereof subsequent to in- stallation and prior to recording. Said easements are located in land in the Trip, of Waterford, County of Oakland, State of Michigan described in Appendix "Am which is attached hereto and made a part hereof. These convenancs are granted subject to the following conditions and restrictions: 1. It is understood and agreed that the title to all primary and secondary electric cables, cominunication cables, secondary service pedestals, switching equipment, transformers, meters, meter enclosures and equipment of either F.DISON or BELL situated in or or premises of the Crantor(s) shall at all times remain in EDISON or BELL and shall be deemed to be personal property and shall not be deemed a part of the realty. 2. EDISON and BELL their employes, agents and contractors, shall have tali right and authority to enter at all times upon said premises for the purpose of constructing, recunstructina, repairing, modifying, operating and maintaining said electric and communication facilities described aboveaa- 3. No excavations (except for public utility purposes), no structures, apparatus of any kind and no changes of finished grade shell be allowed within the utility easements hereinabove described. No excavations for fences shall be allowed within the utility easements in the property described herein. Except as provided herein, the Grantors shall have the right to make any other use of the land subject to such easements which is not inconsistent with the right of the utilities; provided, however, that Grantor(s) shall not plant trees or large shrubs within the said utility easements. EDISON and BELL shall have the right without incurring any liability to the property owner for so doing, to trim any trees, bushes, roots or plants of any kind which, in the sole opinion of the utilities, interferes with their facilities, or is necessary for the in re- installation, repair, operation, modification or removal of their facilities in the utility easements hereinabove described. 4. No shrubs or foliage shall be perrjtted on Grantor's prcperty within five (5') feet of the front door of transformer enclosure(s) or switching cabinet(s), nor shall shrubs or foliage he permitted within five (5') feet of service connection pedestals. 5. The Grantor(s) and all subsequent owners shall own, install, maintain and replace their single phase electric service conductors. 6. The installation of said electric service conductors shall comply with and conform to the specifications of The Detroit Edison Company. 7. Grantor(s) shall not make any change in grade in or near the easements when the change, in the opinion of either of the utilities interferes with the Each already installed or which may be installed in the future. 8. The foregoing easements, restrictions and covenants shall run with the land and shall not be subject to termination without the consent of the utilities herein concerned, and shell inure to the benefit of and be binding upon the heirs, administrators, executors, personal representatives, successors and assigns of the parties hereto. 9. Enforcement may be instituted by civil proceedings against any person or persons violat- ing or attempting to violate any covenants contained herein, either to restrain violation or to recover damayes. 10. Invalidation of any of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the Grantor(s) have set their hands and seals on this day of , 19 . -gSuch right of access shall be in accordance with the rules and regulations of the Federal Aviation Administration and Michigan Aeronautical Commission for access to airports. IN THE PRESENCE OF: OAKLAND COUNTY BOARD OF SUPERVISORS A Michigan Constitutional Corporation 1200 North Telegraph Road Pontiac, Michigan BY: BY: STATE OF MICHIGAN ) ) SS COUNTY OF On this day of ,1969, before me appeared and to me personally known, who being by me duly sworn, did say that they are respectively and of OAKLAND COUNTY BOARD OF SUPERVISORS, A MICHIGAN CONSTITUTIONAL Corporation, created and existing under the laws of the State of Michigan and thaL the said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and the said and acknowledged the said instrument to be the tree act and deed of the said Corporation. My Commission expires: Notary Public County, Michigan 114 Supervisors Minutes Continued. May 15, 1969 APPENDIX "A" Beginning at a point on the North 1/8 line of Section 17, T3N, R11E, Waterford Township, Oakland County, Michigan, said point being N. 02 °17'30" W., 1332.79 ft. and S. 87 04121" W., 887.32' from the East 1/4 corner of Section 17, thence S. 02°17'19" E. 800.00 ft., thence S. 87 °41'21" W. 20 00 ft., thence N. 02 °17'19° W. 800.00 ft., thence N. 87 °41'21" E. 20.00 feet to point of beginning., said easement being centered on a line 10,00 feet West of the west side of existing T-Hangars, and extending Irom the North property line of Oakland Pontiac Airport (the N. 1/8 line of Section 17) and extending southerly for 600.00 ft. Moved by Mainland supported by Perinoff the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted Misc. 5082 Recommended by the Board of Public Works IN RE: SOUTHWEST AVON SEWAGE DISPOSAL SYSTEM -RETURN OF EASEMENT TO GRAND TRUNK WESTERN RAILROAD COMPANY WHEREAS the Grand Trunk Western Railroad Company, of 131 West Lafayette Boulevard, Detroit, Michigan 48226, granted the Oakland County Department of Public Works an easement as recorded in Liber 4626, Page 35, Oakland County Records, for the purpose of constructing a proposed project called Southwest Avon Sewage Disposal System, and WHEREAS the Southwest Avon Sewage Disposal System will not be constructed as planned, and WHEREAS the Avon Township Sewage Disposal System will serve this district, and this easement is no longer needed, and WHEREAS the Grand Trunk Western Railroad Company (the Grantors) has requested in a letter dated March 6, 1969 that we return the easement to them, and WHEREAS the easement is no longer necessary for the construction of said sewer project, it is necessary to quit claim the following described easement to the Grand Trunk Western Railroad Company: "A 22 ft. wide easement in and across G.T.W.R.R,R/W, said easement being described as having a centerline parallel to and 44 ft. east of the W line of Sec. 22, T3N, RI1E, Avon Twp., Oakland County, Michigan." NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Supervisors that the Chairman and Clerk of this Board be and are hereby authorized and directed to execute such deeds on behalf of the County of Oakland to return said easement to the Grand Trunk Western Railroad Company, PUBLIC WORKS COMMITTEE Harry W. Horton, Chairman Lee Walker, William M. Richards, Thomas H. O'Donoqhue, E. Frank Richardson, Mahlon Benson, Jr. Moved by Horton supported by Richards the resolution be adopted. ADOPTED. AYES: Aaron, Benson, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin, Mathews. O'Brien, O'Donoghue, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Szabo, Walker, Wilcox. (25) NAYS: None (0) ABSENT: Bawden and Brennan. (2) Misc. 5083 Recommended by the Board of Public Works RE: CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM, WATERFORD-PONTIAC LATERALS Mr, Horton presented the following resolution, a copy of which has been sent to each member of the Board of Supervisors: WHEREAS the Board of Public Works has submitted to this Board construction plans and specifications entitled "Clinton-Oakland Sewage Disposal System, Waterford-Pontiac Laterals, Extension No. 1" for the extension of the Waterford-Pontiac Laterals of the Clinton-Oakland Sewage Disposal System for Waterford Township by the construction of sanitary sewers in Premont Avenue between Tilden Avenue and Draper Avenue, and an estimate of the cost of such extension, all of which have been approved by the Board of Public Works; and WHEREAS there are surplus funds remaining in the construction account for the said Waterford- Pontiac Laterals and the AGREEMENT - CLINTON - OAKLAND SEWAGE DISPOSAL SYSTEM - WATERFORD - PONTIAC LATERALS, dated as of March 1, 1967 (as revised December 1967) provides that such surplus funds may be used, at the request of the Township and with the consent of the Board of Public Works and this Board, Lo extend the said system; and WHEREAS the Township of Waterford has requested that the said surplus funds be used to extend the system by the construction of sanitary sewers in Premont Avenue between Tilden Avenue and Draper Avenue and the Board of Public Works has consented to such use of the surplus funds and has recommended the adoption of this resolution by this Board of Supervisors. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF OAKLAND COUNTY, MICHIGAN, as follows: I. That the said construction plans and specifications entitled "Clinton-Oakland Sewage Disposal System, Waterford-Pontiac Laterals, Extension No. 1" for the extension of the Waterford-Pontiac Laterals of the Clinton-Oakland Sewage Disposal System for Waterford Township by the construction of sanitary sewers in Premont Avenue between Tilden Avenue and Draper Avenue and the estimate of the cost Supervisors Minutes Continued. May 15, 1969 thereof, be and the same are hereby approved, that the County Clerk shall endorse thereon the fact of such approval, and the sane shall be returned to the Board of Public Works. 2. That this Board does hereby consent to the use of surplus funds remaining in the construction account for the said Waterford-Pontiac Laterals for the extension of said Waterford- Pontiac Laterals in accordance with said plans and specifications entitled "Clinton-Oakland Sewage Disposal System, Waterford-Pontiac Laterals, Extension No. I" and the Board of Public Works is hereby authorized to so use such surplus funds. PUBLIC WORKS COMMITTEE Harry W. Horton, Chairman Lee Walker, William M. Richards, Thomas H. O'Donoghue, E. Frank Richardson, Mahlon Benson, Jr. The adoption of the loregoing resolution was moved by Mr. Horton and seconded by Mr. Richardson. On roll call the resolution was adopted by the following vote: ADOPTED. AYES: Aaron, Benson, Coy, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Mainland, Mastin, Mathews, O'Brien, O'Donoghue, Olson, Patnales, Perineff, Pernick, Powell, Richards, Richardson, Szabo, Walker, Wilcox. (25) NAYS: None (0) ABSENT: Bawden and Brennan. (2) Misc. 5084 By Mr, Horton IN RE: EXCHANGE OF EASEMENT - OTTER DRAIN - WATERFORD TOWNSHIP SCHOOL DISTRICT To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS the County of Oakland in May of 1920, by condemnation proceedings in the Probate Court, acquired an easement for the maintenance and operation of the Otter Drain in Section 26 of Waterford Township; and - WHEREAS said easement is described as: "Part of the Northeast 1/4 of Northwest 1/4 of Section 26, Town 3 North, Range 9 East, Waterford Township, Oakland County, Michigan, lying South and west of M-55 Highway,"; and WHEREAS the said Otter Drain has been rerouted along highway M-59; and WHEREAS a lesser easement of 20 feet is sufficient to maintain and operate the Otter Drain, and WHEREAS the Waterford Township School District, a Michigan Public Corporation and State Agency, is the present owner of this area and will exchange easement descriptions with the County of Oakland, NOW THEREFORE BE IT RESOLVED that the County of Oakland execute a conveyance of the original easement as above described to the Waterford Township School District, a Michigan Public Corporation, and State Agency, in exchange for an easement from the said School District to the County of Oakland, said easement to be described as follows: "A permanent Easement Described as follows; That part of the West 20 feet of the Northeast 1/4 of the Northwest 1/4 of Section 26, T 3 N, R. 9 E. Waterford Township, Oakland County, Michigan, which lies between the Southwesterly right-of-way line of Highway M-59, 150 feet wide as now established, and the easterly extension of the southerly right-of-way line of Otter Road as platted in the "Elizabeth Park Acres" subdivision recorded in Liber 22 of Plats, page 21, Oakland County Records." NOW THEREFORE BE IT RESOLVED that the Chairman and Clerk of this Board be and they are hereby authorized to execute the necessary conveyances as herein provided, Mr. Chairman, on behalf of the Public Works Committee, I move the adoption of the foregoing resolution. PUBLIC WORKS COMMITTEE Harry W. Horton, Chairman Lee Walker, William M. Richards, Thomas H. O'Donoghue, E. Frank Richardson, George N. Grba, Mahlon Benson, Jr. Moved by Horton supported by O'Donoqhue the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5085 By Mr. Horton IN RE: 1968 ANNUAL REPORT OF BOARD OF COUNTY ROAD COMMISSIONERS To the Oakland County Board of Supervisors Mr. Chairman, Ladies 2nd Gentlemen: WHEREAS Section 25 of Chapter IV of Act No. 283 of the Public Acts of 1909, as amended, (M.S.A. 9.125) requires the submission by the Board of County Road Commissioners to the Board of Supervisors of an accurate account of all monies received and disbursed, a detailed statement of all work done, right-of-way acquired and roads constructed, and WHEREAS said law requires the publishing of said Report in the proceedings of this Board, and 116 Supervisors. Minutes Continued. May 15, 1969 WHEREAS said Report was filed with the Clerk of this Board on the 23rd day of April, 1969, and WHEREAS your Public Works Committee has perused and approved this Report, NOW THEREFORE BE IT RESOLVED: 1. That the Report as filed by the Board of County Road Commissioners be received and filed; 2. That it be recorded in the Journal of this meeting and published as required by Law. Mr. Chairman, on behalf of the Public Works Committee, I move the adoption of the foregoing resolution. PUBLIC WORKS COMMITTEE Harry W. Horton, Chairman Mahlon Benson, Jr., William M. Richards, Thomas H. O'Donoghue, E. Frank Richardson, George N. Grba, Lee Walker Moved by Horton supported by Richardson the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. (Report tiled in the records of the Board of Supervisors and published in the Pontiac Press.) Mr, Horton requested that Resolution 55072 (Appointment of Garbage and Rubbish Agent) remain on the table and be made a special order of business at the next meeting. There were no objections. Misc. 5086 By Mr. Richards IN RE: NOMINATION OF MEMBER OF PARKS AND RECREATION COMMISSION To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS John L. Carey has resigned as a Member of the Oakland County Parks and Recreation Comission; and WHEREAS due to said resignation, there presently exists a vacancy on that Commission; and WHEREAS your Committee recommends the appointment of Virginia Solberg to fill the vacancy, NOW THEREFORE your Committee nominates Virginia Solberg to fill the vacancy on the Oakland County Parks and Recreation Commission for the term ending at 12 o'clock Noon on January 1, 1970. COMMITTEE ON COMMITTEES William M. Richards, Chairman George N. Grba, William L. Mainland, Niles E. Olson Wallace F. Gabler, Paul E. Kasper Mr. Walker seconded the nomination. There were no other nominations, Virginia Solberg declared elected a member of the Parks and Recreation Commission for term ending at 12:00 noon January 1, 1970. Moved by Richards supported by O'Brien that all members of the Board be designated delegates to the NACO Conference to be held July 26 through July 30 in Portland, Oregon, and that the necessary expenses be borne by the County. A sufficient majority having voted therefor, the motion carried. Misc. 5087 By Mr. Kasper IN RE: SUPERVISORS' PLAQUE - AUDITORIUM LOBBY To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: This Oakland County Board of Supervisors is composed of members elected from Districts within the County as provided for under the reapportionment statute embodying the one-man, one-vote concept. This is an historical first, the first elected County legislative body since the County of Oakland was incorporated some 150 years ago and during which time the Board was membered by Township Supervisors and other persons who were appointed by local units of government. The present Oakland County Board of Supervisors, being the first Board to be composed of members elected by the people within the districts set forth, could well establish precedents and programs by its legislative actions that would be an inspiration and guide for future boards to follow. THEREFORE, MR. CHAIRMAN, I move the following resolution: BE IT RESOLVED that an appropriate plaque be affixed on the wall of the front lobby of the Supervisors Auditorium, such plaque to be inscribed with the names and district designations of the members of the first reapporitioned Oakland County Board of Supervisors. BE IT FURTHER RESOLVED that this matter be referred to the Planning, Zoning and Building Committee and to the Finance Committee for consideration and implementation. Paul E. Kasper Supervisor, District #3 Moved by Kasper supported by Grba the resolution be adopted. 117 Supervisors Minutes Continued. May 15, 1969 Moved by Walker supported by Aaron that the resolution be amended that each member pay their portion or the cost of the plague. A sufficient majority having voted therefor, the motion carried. Ubteon resolution, as amended: A sufficient majority having voted therefor, the resolution, as amended, was adopted_ Mr. O'Brien presented a resolution relative to establishing a Special Committee on Drug Abuse. (Referred to Human Resources Cornittee.) Mr. O'Brien presented a resolution relative to renaming the Oakland-Pontiac Airport. (referred to Aviation and Transportation Committee.) Misc, 5088 By Mr. Mastin IN RE: FEES FOR GOLF FOR RETIRED FORMER EMPLOYEES To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS a precedent has been established in Royal Oak, 3irmingham and Pontiac who operate Municipal Golf Courses; and WHEREAS on these courses retired former employees of these Municipalities can play without fees if they tee oft before noon on week days, provided they do not interfere with league play BE IT THEREFORE RESOLVED that the County follow suit. Mr. Chairman, I move that this matter be referred to the proper committee. Philip 0. Mastin, Jr. The chairman stated that the resolution would be referred to the proper committee. Moved by Powell supported by Wilcox that Resolution 53066 (Qualifications of District Court Magistrates), adopted on May 1, 1969, be reconsidered and at the same time amended to incorporate, after the word "magistrates" in the fourth paragraph,", but will retain the right to review all such appointments on any basis before confirmation.'' Mr. Aaron objected. AYES: Benson, Coy, Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Patnales, Powell, Richardson, Wilcox. (12) NAYS: Aaron, Edwards, Mainland, Mastin, Mathews, O'Brien, O'Donoghue, Olson, Ferinoff, Pernick, Richards, Szabo, Walker. (13) A sufficient majority not having voted therefor, the motion lost. Misc. 5089 By Mr. Grba IN RE: FREE ADMITTANCE TO THE COUNTY GOLF COURSE FOR COUNTY RETIRED EMPLOYEES To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: Many of our County retired employees are enjoying their remaining years of retirement in the pursuit of hobbies, traveling and other endeavors. There are those whose activities may be restricted because of a reduced level of income. The County of Oakland is now operating several recreational facilities under the jurisdiction of the Parks and Recreation Commission, one of which is the golf course in Davisbur Park. Mr. Chairman, I move the following resolution: BE IT RESOLVED that the Oakland County retired employees be given complimentary passes for use at the County golf course at Davisburg Park, and that this recommendation be forwarded to the Oakland County Parks and Recreation Commission for consideration and hnplementation. George N. Grba Supervisor, District 7720 The chairman stated that the resolution would be referred to the proper committee. Misc. 5090 By Mr. Grba IN RE: ESTABLISHMENT OF WORK CAMP TRUSTIES OF COUNTY JAIL To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS the County of Oakland has taken steps for the construction of a new Law Enforcement- Jail Complex; and WHEREAS it will be some time before the proposed new Jail Complex will be ready and operational; and 1V8 Supervisors Minutes Continued, May 15, 1969 WHEREAS the present County Jail is overcrowded, which increases security problems and taxes personnel and facility operations; and WHEREAS numbers of trusties also occupy the present County Jail and are given certain privileges not afforded other prisoners; THEREFORE BE IT RESOLVED that the County of Oakland implement a temporary work camp for the trusties of the present Oakland County Jail, which camp would aid in relieving the already overcrowded conditions at the present County Jail; BE IT FURTHER RESOLVED that the foregoing recommendation be referred to the Public Protection and Judiciary Committee for consideration and recommendation back to this Board. Mr. Chairman I move the adoption of the foregoing resolution. George N. Grba Supervisor, District 1120 The Chairman referred the resolution to the Public Protection and Judiciary Committee. Misc. 5091 By Mr. Crba IN RE; EXEMPTION FROM MERIT SYSTEM OF ADMINISTRATIVE OFFICE OF BOARD OF SUPERVISORS To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: WHEREAS the traditional system of separation of powers has served American government well at all levels, and WHEREAS it is an essential element of that system that employees of the legislative body who directly serve that body and its members should be responsible solely to the legislative body, and WHEREAS the Board of Supervisors is presently studying County home rule which provides for a clearer separation of the legislative and executive branches of County government, and WHEREAS it is essential to the efficient operation of the Board of Supervisors that clear lines of authority and responsibility be established in the administrative office of the Board; NOW THEREFORE BE IT RESOLVED that the Board of Supervisors deem it advisable to provide that employees of the administrative office of the Board of Supervisors be exempted from the Merit System; BE IT FURTHER RESOLVED that the Committee on Committees and the Personnel Practices Committee study the method and feasibility of exempting the enployees of the administrative office of the Board of Supervisors from the Merit System and report their recommendations to this Board; BE IT FURTHER RESOLVED that the said Committees provide in their recommendations for the option of such employees to remain under the Merit System and provide for their transfer to other County employment consistent with the provisions of the Merit System. Mr. Chairman, I move the adoption of the foregoing resolution. George N. Grba The Chairman referred the resolution to the Personnel Practices Committee and Committee on Committees. Moved by O'Brien supported by Richardson that when the Board adjourns, it adjourn to June 5, 1969. A sufficient majority having voted therefor, the motion carried. Moved by Perinoff supported by O'Donoghue the Board adjourn. A sufficient majority having voted therefor, the motion carried. The Board adjourned at 11:45 A.M. Lynn D. Allen Charles B. Edwards, Jr. Clerk Chairman