HomeMy WebLinkAboutMinutes - 1993.01.07 - 8142
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January 7, 1993
Meeting called to order by County Clerk Lynn D. Allen at 5:40 P.M. in
the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Invocation given by the Honorable Judge Robert C. Anderson.
Pledge of Allegiance to the Flag.
Mr. Allen introduced each of the incoming Commissioners and presented
them with their Certificate of Election. Each of the Commissioners introduced
their family and guests present.
The Oath of Office was administered to the Commissioners by Mr. Allen.
Roll called.
PRESENT: Caddell, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks,
Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (24)
ABSENT: Aaron. (Excused)
Quorum present.
Moved by Pernick supported by Huntoon the minutes of the December 10,
1992 Board Meeting be approved as presented.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Schmid supported by Pernick the Journal for the 1992 Session be
approved and closed and the 1992 Session be adjourned Sine Die.
A sufficient majority having voted therefor, the motion carried.
1993 ANNUAL SESSION
The 1993 Session was called to order by County Clerk Lynn D. Allen.
Moved by Oaks supported by Crake the Agenda be approved as presented.
A sufficient majority having voted therefor, the Agenda was approved.
Clerk read a letter of thanks from the Board of Commissioners Staff for
the Christmas gift presented to each of them.
Moved by Schmid supported by Pernick the Temporary Rules of the Board be
approved.
A sufficient majority having voted therefor, the Temporary Rules were
adopted.
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Commissioner Minutes Continued. January 7, 1993
Mr. Allen stated nominations were in order for Temporary Chairperson.
Commissioner Kay Schmid nominated Lawrence R. Pernick. Seconded by
Caddell.
Moved by Crake supported by Oaks the nominations be closed and a
unanimous ballot be cast for Mr. Pernick.
A sufficient majority having voted therefor, Lawrence R. Pernick was
elected Temporary Chairperson and was escorted to the Chair.
Mr. Pernick stated nominations were in order for Permanent Chairperson.
Mrs. Schmid nominated Larry Crake.
Mr. Kingzett nominated Hubert Price, Jr.
There were no other nominations and the nominations were closed.
The vote was as follows:
Caddell - Crake McPherson
- Price
Crake - Crake Miltner
- Crake
Douglas - Crake Moffitt
- Crake
Garfield - Crake Oaks
- Price
Gosling - Crake Obrecht
- Crake
Huntoon - Crake Palmer
- Crake
Jensen - Crake
Pernick - Price
Johnson - Crake Powers
- Crake
Kaczmar - Price Price
- Price
Kingzett - Price Schmid
- Crake
Law - Crake Taub
- Crake
McCulloch - Crake Wolf
- Crake
Larry Crake - 18
Hubert Price - 6
Larry Crake declared elected Chairperson and was escorted to the Chair.
Nominations in order for Vice Chairperson.
Mrs. Schmid nominated Ruth Johnson. Seconded by Palmer.
Mr. Pernick nominated Lillian Oaks. Seconded by Price.
The vote was as follows:
Caddell - Johnson McPherson - Oaks
Crake - Johnson Miltner
- Johnson
Douglas - Johnson Moffitt
- Johnson
Garfield - Johnson Oaks - Oaks
Gosling - Johnson Obrecht
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- Johnson
Huntoon - Johnson Palmer -
Johnson
Jensen - Johnson Pernick
- Oaks
Johnson - Johnson Powers -
Johnson
Kaczmar - Oaks Price - Oaks
Kingzett - Oaks Schmid -
Johnson
Law - Johnson Taub -
Johnson
McCulloch - Johnson Wolf -
Johnson
Ruth Johnson - 18
Lillian Oaks - 6
Commissioners Minutes Continued. January 7, 1993
Ruth Johnson declared elected Vice Chairperson and was escorted to the
Chair.
The Chairperson announced the appointment of the following Commissioners
to serve on the General Government Committee:
Chairperson - Donald Jensen
Vice Chairperson - Donn Wolf
Minority Vice Chairperson - Dennis Aaron
Members: Law, Caddell, Schmid, Taub, McPherson, Oaks
The Chairperson declared a recess for the General Government Committee
to meet.
The Board reconvened at 7:20 P.M.
Roll Called.
PRESENT: Caddell, Crake, Douglas, Garfield, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf. (24)
ABSENT: Aaron. (1)
Quorum present.
Clerk read letter from County Executive L. Brooks Patterson announcing
the appointment of Jack C. Hays and John L. Grubba to the Claims Review
Committee.
Clerk read letter from Chairperson Larry Crake announcing the
appointments of Thomas Law and Kenneth McConnell to serve on the Claims Review
Committee for a term ending December 31, 1993.
Moved by Wolf supported by Obrecht the appointments be confirmed.
A sufficient majority having voted therefor, the appointments were
confirmed.
Clerk read a Memorial Tribute to Ralph W. Moxley and a moment of silence
was observed in memory of Mr. Moxley.
Mrs. Oaks stated Commissioner Dennis Aaron's Mother had recently passed
away and offered condolences to Commissioner Aaron.
County Executive L. Brooks Patterson addressed the Board.
REPORT
By General Government Committee
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IN RE: STANDING COMMITTEE MEMBERSHIP OF 1993
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee hereby recommends the appointments to
Standing Committees for 1993 per the attached sheet.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
The following are the Standing Committees for 1993:
FINANCE COMMITTEE
Chairperson - McCulloch
Vice Chairperson - Obrecht
Minority Vice Chairperson - Price
Members: Gosling, Jensen, Wolf, Huntoon, Palmer, Pernick,
Kaczmar
Commissioners Minutes Continued. January 7, 1993
GENERAL GOVERNMENT
Chairperson - Jensen
Vice Chairperson - Wolf
Minority Vice Chairperson - Aaron
Members: Law, Caddell, Schmid, Taub, McPherson, Oaks
PERSONNEL
Chairperson - Gosling
Vice Chairperson - Law
Minority Vice Chairperson - Kingzett
Members: Moffitt, Caddell, Douglas, Miltner, Price.
PLANNING AND BUILDING
Chairperson - Palmer
Vice Chairperson - Moffitt
Minority Vice Chairperson - Kaczmar
Members: Johnson, Douglas, Schmid, Garfield, Powers, Oaks,
Kingzett
PUBLIC SERVICES
Chairperson - Obrecht
Vice Chairperson - Huntoon
Minority Vice Chairperson - McPherson
Members; Miltner, Garfield, Powers, Taub, Aaron
Moved by Jensen supported by Schmid the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
REPORT
By General Government Committee
IN RE; APPOINTMENTS TO COORDINATING ZONING COMMITTEE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends the following individuals be
appointed to the Coordinating Zoning Committee for the period of January 1,
1993 through December 31, 1993:
David Moffitt, Chairperson
Ruth Johnson, Vice Chairperson
Donna Huntoon
John Garfield
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Eugene Kaczmar
Chairperson, on behalf of the General Government Committee, I move
acceptance of the forgoing report.
GENERAL GOVERNMENT COMMITTEE
Mr. Jensen stated Donna Huntoon would be unable to serve on the
Committee, and Dennis Powers would replace her on the Committee.
Moved by Jensen supported by Moffitt the Report (as amended) be
accepted.
A sufficient majority having voted therefor, the report, as amended, was
accepted.
REPORT
By General Government Committee
IN RE; APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, COMMITTEES AND COUNCILS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancies for the
boards, commissions,
Commissioners Minutes Continued. January 7, 1993
committees and councils herein mentioned, recommends the filling of those
vacancies as follows:
AIRPORT COMMITTEE (One-Year Terms Ending 12/31/93)
Donn Wolf, Dennis Powers, Lillian Jaffe Oaks
AREA AGENCY ON AGING (Two-Year Terms Ending 12/31/94)
Lawrence A. Obrecht (Delegate), Eugene Kaczmar (Alternate)
BUILDING AUTHORITY (Three-Year Term Ending 12/31/95)
Alex Capsalis
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEES
Moved by Jensen supported by Price the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
REPORT
By General Government Committee
IN RE: APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, COMMITTEES AND COUNCILS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the vacancies for the
boards, commissions, committees and councils herein mentioned, recommends the
filling of those vacancies as follows:
COMMUNITY MENTAL HEALTH SERVICES BOARD - (Three-Year Terms Ending
12/31/95)
Alex Capsalis, James Defebaugh, Joseph Minjoe
ELECTIONS SCHEDULING COMMITTEE (One-Year terms Ending 12/31/93)
C. Elaine Skarritt, Katy Mann, Willie M. Redmond
PARKS AND RECREATION COMMISSION (Three-Year Terms Ending 1/01/96)
Thomas Law, Richard G. Skarritt
PARKS AND RECREATION COMMISSION (Unexpired Term Ending 1/01/95)
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Richard D. Kuhn, Jr.
ROAD COMMISSION (Six-Year Term Ending 12/31/98)
John E. Olsen
SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) (One-Year Terms
Ending 12/31/93)
L. Brooks Patterson, Delegate John Grubba, Alternate
Lawrence A. Obrecht, Delegate Kay Schmid, Alternate
David Moffitt, Delegate Marilynn Gosling, Alternate
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Palmer the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Mr. Jensen nominated Alex Capsalis, James Defebaugh and Joseph Minjoe as
members of the Community Mental Health Services Board for Three-Year Terms
ending 12/31/95.
Moved by Pernick supported by Oaks a unanimous ballot be cast for these
persons.
A sufficient majority having voted therefor, Alex Capsalis, James
Defebaugh and Joseph Minjoe were declared elected.
Commissioners Minutes Continued. January 7, 1993
Mr. Jensen nominated C. Elaine Skarritt, Katy Mann and Willie M. Redmond
as members of the Election Scheduling Committee for One-Year Terms ending
12/31/93. Seconded by Gosling.
Mr. Pernick nominated Betty Fortino as Township Representative, Mary
Williams as City Representative, and retain Willie M. Redmond as School Board
Member.
Moved by Moffitt supported by Pernick a unanimous ballot be cast for
Willie M. Redmond.
A sufficient majority having voted therefor, Willie M. Redmond was
declared elected a member of the Election Scheduling Committee.
Vote on City and Township Representative to Election Scheduling
Committee:
Vote for Skarritt and Mann: Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Caddell, Crake. (18)
Vote for Fortino and Williams: Kaczmar, Kingzett, McPherson, Oaks,
Pernick, Price. (6)
A sufficient majority having voted therefor, C. Elaine Skarritt and Katy
Mann were declared elected City and Township Representative Members of the
Election Scheduling Committee.
Mr. Jensen nominated Thomas Law and Richard G. Skarritt as members of
the Parks and Recreation Commission for Three-Year Terms ending 1/01/96.
Mr. Pernick nominated Jeff Kingzett and Eugene Kaczmar.
Vote for Law and Skarritt: Garfield, Gosling, Huntoon, Jensen,
Johnson, Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid,
Taub, Wolf, Caddell, Crake, Douglas. (18)
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Vote for Kingzett and Kaczmar: Kaczmar, Kingzett, McPherson, Oaks,
Pernick, Price. (6)
A sufficient majority having voted therefor, Thomas Law and Richard G.
Skarritt declared elected members of the Parks and Recreation Commission for
Three-Year Terms.
Mr. Jensen nominated Richard G. Kuhn, Jr. as a member of the Parks and
Recreation Commission for unexpired Term ending 1/01/95.
Mr. Price nominated Lawrence R. Pernick.
Vote for Kuhn: Gosling, Huntoon, Jensen, Johnson, Law, McCulloch,
Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Caddell, Crake,
Douglas, Garfield. (18)
Vote for Pernick: Kaczmar, Kingzett, McPherson, Oaks, Pernick, Price.
(6)
A sufficient majority having voted therefor, Richard G. Kuhn, Jr.
declared elected a member of the Parks and Recreation Commission for unexpired
term ending 1/01/95.
Mr. Jensen nominated John E. Olsen as a member of the Road Commission
for Six-Year term ending 12/31/98.
Mr. Pernick nominated James Ferrens.
Vote for Olsen: Huntoon, Jensen, Johnson, Law, McCulloch, Miltner,
Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Caddell, Crake, Douglas,
Garfield, Gosling. (18)
Vote for Ferrens: Kaczmar, Kingzett, McPherson, Oaks, Pernick, Price.
(6)
A sufficient majority having voted therefor, John E. Olsen declared
elected a member of the Road Commission
for a Six-Year Term.
Commissioners Minutes Continued. January 7, 1993
Mr. Jensen nominated L. Brooks Patterson, Lawrence A. Obrecht and David
Moffitt as Delegates and John Grubba, Kay Schmid and Marilynn Gosling as
Alternates as members of Southeast Michigan Council of Governments (SEMCOG) for
One-Year Terms ending 12/31/93)
Moved by Pernick supported by Price that Ruel McPherson be substituted
for Moffitt and Lawrence Pernick as alternate replacing Gosling.
Moved by Pernick supported by Powers a unanimous Ballot be cast for L.
Brooks Patterson, Lawrence Obrecht, John Grubba and Kay Schmid.
A sufficient majority having voted therefor, L. Brooks Patterson,
Lawrence Obrecht, John Grubba and Kay Schmid were declared elected.
Vote for Moffitt and Gosling: Jensen, Johnson, Law, McCulloch,
Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Caddell, Crake,
Douglas, Garfield, Gosling, Huntoon. (18)
Vote for McPherson and Pernick: Kaczmar, Kingzett, McPherson, Oaks,
Pernick, Price. (6)
A sufficient majority having voted therefor, David L. Moffitt and
Marilynn Gosling declared elected as members of SEMCOG.
Moved by Jensen supported by Pernick the appointments recommended by the
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General Government Committee for the Standing Committees for 1993 and the
Coordinating Zoning Committee be approved.
AYES: Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner,
Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Caddell, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointments were
confirmed.
Moved by Jensen supported by Caddell the appointments to the Airport
Committee, Area Agency on Aging and Building Authority be approved as
presented.
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt,
Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Caddell,
Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the appointments were
confirmed.
Commissioner Dr. G. William Caddell submitted his resignation as a
member of the Board of Commissioners effective 11:00 P.M. January 7, 1993 to
become Deputy Oakland County Clerk.
Moved by Jensen supported by Obrecht the Board accept his resignation.
A sufficient majority having voted therefor, the motion carried.
MISCELLANEOUS RESOLUTION #93001
By Commissioner Marilynn Gosling
IN RE; IMPORTS OF MUNICIPAL SOLID WASTES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Southeastern Michigan hosts numerous operating landfills which
(in the short-term) is a blessing for the generators of municipal solid wastes,
since the present daily waste stream is less than the operating capacity of
these facilities; and
WHEREAS this situation (where supply exceeds demand) has caused much
competition among the landfill
operators for the available waste stream with the result that our residents and
places of business are enjoying exceedingly low disposal fees and many are
being offered low-priced long-term disposal contracts which provides for
price stability; and
WHEREAS this situation contains a hidden problem in that either the
operators of the landfills seek out-of-
Commissioners Minutes Continued. January 7, 1993
state wastes to maintain a high daily operating volume or they are faced with
attractive offers from out-of-state waste generators to pay more for use of the
disposal capacity than the current local market conditions dictate; and
WHEREAS the United States Supreme Court, on June 1, 1992 rules that
Michigan counties cannot bar the imports of out-of-state wastes as was
originally provided for by Michigan's Act 641; and
WHEREAS this means that a county, the region, or the State cannot
effectively plan for the long-range disposal of solid wastes with any degree of
accuracy since the usage of its landfill capacity is not predictable (because
of the potential for unplanned imports) or is not controllable by local actions
to reduce the waste volumes being directed to landfills, when that capacity may
simply be used by another as dictated by market forces; and
WHEREAS Michigan's law (Act 64l) requires that a county have disposal
capacity for the long-term, replenishing that capacity when it falls below
certain thresholds levels (as currently administered by the Michigan Department
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of Natural Resources, the threshold level is 20 years; and
WHEREAS the approval of additional landfill sites to meet MDNR"s 20 year
administrative requirements in a market already saturated with excess daily
operating capacity (eventhough that capacity is necessary in the long-term)
will only increase the pressure on all landfill operators to seek imports from
other areas; and
WHEREAS the net result of all of the above is that each Michigan county
will be forced to site more landfill capacity than is currently needed for its
own wastes; and
WHEREAS in order to protect its interests in the face of these
circumstances, this situation may force counties to become the owner of all
landfill capacity within their jurisdiction so that imports may be effectively
barred (after all, it takes a willing owner or operator of a landfill to accept
imports) and daily operating capacities limited to match the locally generated
waste stream including mutually agreed upon inter-county flows.
` NOW THEREFORE BE IT RESOLVED that the County of Oakland urges Congress
and the Michigan legislature to adopt laws allowing counties to effectively
regulate the inter-state flow of wastes so that they may control and purposely
plan for disposal capacity to meet their own needs without indirectly requiring
ownership of all available and future landfill capacity; and
BE IT FURTHER RESOLVED that in the absence of such legislation at a
national level, that the State of Michigan suspend any required siting of new
landfills beyond that necessary for local wastes over the short-term (3 to 5
years); and
BE IT FINALLY RESOLVED that copies of this resolution be forwarded to
the Governor, and all of Oakland County's elected State and National
representatives by the Oakland County Clerk.
Mr. Chairperson, I move the adoption of the foregoing resolution.
Marilynn Gosling, Commissioner Dist.
#14
The Chairperson referred the resolution to the General Government
Committee and the Planning and Building Committee. There were no objections.
MISCELLANEOUS RESOLUTION #93002
By Dennis M. Aaron and Lillian Jaffe Oaks
IN RE: PLANNING DIVISION - A VISION FOR 8 MILE BOULEVARD
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County has been an active member of the 8 Mile Corridor
Task Force through the County Executive's Office and the Planning Division
since 1990; and
WHEREAS Oakland County staff members' participation on the 8 Mile
Corridor Task Force has been used as in-kind match for the UMTA grant used to
develop the 8 Mile Vision/Action Plan; and
WHEREAS Oakland County has participated in the development of the Plan
through its elected and appointed officials, residents and businesses through a
focus group process; and
WHEREAS the 8 Mile Vision/Action Plan goals are to protect and renovate
residential neighborhoods, eliminate obsolete buildings, improve appearance,
reduce perception and reality of crime, improve intermodal transportation
systems, bring people together, initiate Economic Development programs, and
finance these activities; and
WHEREAS Oakland County supports in concept the Vision and Goals of the 8
Mile Vision/Action Plan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners expresses its support for the 8 Mile Vision/Action Plan as
contained in the document. A Vision for 8 Mile Boulevard "Joining Together to
Make a Difference."
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
expresses its intent to join
the 8 Mile Boulevard non-profit organization outlined in the aforementioned
document.
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Commissioners Minutes Continued. January 7, 1993
Chairperson, I move the adoption of the foregoing resolution.
Dennis M. Aaron, Commissioner Dist. #23
Lillian Jaffe Oaks, Commissioner Dist. #21
Kay Schmid, Ruel E. McPherson, Lawrence A.
Obrecht
The Chairperson referred the resolution to the Planning and Building
Committee. There were no objections.
The Chairperson stated the next meeting of the Board will be February
11, 1993 at 9:30 A.M.
The Board adjourned at 7:55 P.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson