HomeMy WebLinkAboutMinutes - 1994.06.09 - 8170
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
June 9, 1994
Meeting called to order by Chairperson Larry Crake at 9:51 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Miltner, Newby, Oaks,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (23)
ABSENT: McCulloch (with notice), Moffitt. (2)
Quorum present.
Invocation given by Commissioner Charles Palmer.
Pledge of Allegiance to the Flag.
Moved by Schmid supported by Pernick the minutes of the May 26, 1994
Board meeting be approved, as printed.
A sufficient majority having voted therefor, the minutes were approved.
Moved by Schmid supported by Pernick the rules be suspended and the
agenda amended, as follows:
ITEM ON PRINTED AGENDA
PLANNING AND BUILDING COMMITTEE
a. Solid Waste - Statement of Objections to Recommended Amendments to
the 1990 Solid Waste Management Plan Update as Adopted by the SWPC
on April 28, 1994 (Reason for suspension: Resolution adopted
May 26, 1994. Placed on today's agenda for information only)
ITEMS NOT ON PRINTED AGENDA
GENERAL GOVERNMENT COMMITTEE
a. Amendments to Rules of the Board of Commissioners - Rule X -
Standing Committee Structure (Reason for suspension: Waiver of
Rules XII-J and XIII-D 5 Day Notification. General Government
Committee meeting held 6/9/94)
b. Appointments to Board Standing Committees (Reason for suspension:
Waiver of Rule XII-J General Government Committee meeting held
6/9/94)
PLANNING AND BUILDING COMMITTEE
c. Solid Waste - Amendments to the 1990 Oakland County Solid Waste
Plan Update - Basic Solid Waste Database, Inter-County Flow
Arrangements, Demonstration of Available Disposal Capacity, Interim
Siting Mechanism, Contingent Plan, Designation of Additional
Disposal Capacity
d. Solid Waste - Amendments to the 1990 Oakland County Solid Waste
Plan Update - Act 641 Facility Designations Additions and Deletions
(Reason for suspension for both Planning and Building items: Waiver of Rule
XII-J 5 Day Notification. Planning and Building Committee meeting held 6/7/94)
AYES: Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Miltner, Newby, Oaks,
Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
Ardath Regan and Dan Mitchell addressed the Board.
The Chairperson made the following statement: "A Public Hearing is now
called on the EDC Project #94-1, 3-D Services, Inc., Rochester Hills. Are
there any persons present who wish to speak?"
No persons requested to speak and the Public Hearing was declared closed.
The Chairperson reminded the Board that the suspension of rules removed
Planning and Building, item a., from the agenda.
REPORT
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: BOARD OF COMMISSIONERS - APPOINTMENTS TO STANDING COMMITTEES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends the following action
regarding the Board of Commissioner Standing Committees:
Appoint KAY SCHMID to FINANCE COMMITTEE
Remove KAY SCHMID from PLANNING AND BUILDING COMMITTEE
Appoint JOAN NEWBY to PLANNING AND BUILDING COMMITTEE
and PERSONNEL COMMITTEE
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Gosling the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Gosling the following action (regarding the
Board of Commissioners Standing Committees) be approved: Appoint Kay Schmid to
the Finance Committee; remove Kay Schmid from the Planning and Building
Committee; appoint Joan Newby to the Planning and Building Committee and the
Personnel Committee.
AYES: Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McPherson, Miltner, Newby, Oaks, Obrecht,
Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
REPORT
BY: General Government Committee, Donald Jensen, Chairperson
IN RE: RULES OF THE BOARD OF COMMISSIONERS - AMENDMENTS TO RULE X STANDING
COMMITTEE STRUCTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee recommends the following amendments to
Rule X - Standing Committee Structure:
B.(1): Remove: the Finance Committee and
B.(2): No Change
B.(3): Remove: the Personnel Committee and
Add B(4): The Finance Committee shall consist of eight (8) members of
the majority party and two (2) members of the minority party.
Add B(5): The Personnel Committee shall consist of seven (7) members of
the majority party and (1) member of the minority party
Chairperson on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Moved by Jensen supported by Palmer the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Palmer the rules be changed to correspond
with the General Government Committee Report.
AYES: Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kingzett, Law, Miltner, Newby, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Crake. (19)
NAYS: Kaczmar, McPherson, Oaks, Aaron. (4)
A sufficient majority having voted therefor, the motion carried and the
rules were adopted.
REPORT (Misc. #94112)
BY: Planning and Building Committee, Charles E. Palmer
IN RE: FRIEND OF THE COURT SPACE NEEDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-referenced
resolution on May 31, 1994, reports with the recommendation that the resolution
be adopted with an additional amendment adding a BE IT FURTHER RESOLVED
paragraph stating that proposed alternatives be presented to the Planning and
Building Committee in sufficient time for review for inclusion in the 1995
budget process.
Chairperson, on behalf of the Planning and Building Committee, I
move acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #94112
BY: Commissioners Marilynn Gosling and Nancy Dingeldey
IN RE: FRIEND OF THE COURT SPACE NEEDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 1974, the Friend of the Court Office of the Sixth Judicial
Circuit Court was "temporarily" moved to Annex II; and
WHEREAS neither the space needs nor the security system needs of the
Friend of the Court has been addressed since 1974; and
WHEREAS the volatile nature of domestic relations proceedings often
results in strained and emotional outbursts from Friend of the Court clients,
leaving the staff and other litigants at risk; and
WHEREAS the atmosphere and ambience of Annex II is not conducive to
peaceful resolution of domestic relations disputes, and the offices of the
Friend of the Court lack private spaces for confidential attorney-client
conferences, resulting in important client decisions taking place in
stairwells, restrooms, and at the end of corridors; and
WHEREAS employees in Annex II frequently complain about working
conditions in the facility and have made these complaints the subject of
appeals before the Personnel Evaluation Review Panel; and
WHEREAS Annex II has proven to be unsuitable both for the staff of the
Friend of the Court and the public they serve.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby requests that the County Executive, in cooperation with
the Circuit Court and Friend of the Court, begin the process of locating or
creating a suitable facility for the Friend of the Court.
Chairperson, we move the adoption of the foregoing resolution.
Marilynn Gosling, Nancy Dingeldey
Moved by Palmer supported by Newby the resolution be adopted.
AYES: Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McPherson, Miltner, Newby, Oaks, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94171
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: SOLID WASTE MANAGEMENT - AMENDMENTS TO THE 1990 OAKLAND COUNTY SOLID
WASTE PLAN UPDATE/ BASIC SOLID WASTE DATABASE, INTER-COUNTY FLOW ARRANGEMENTS,
DEMONSTRATION OF AVAILABLE DISPOSAL CAPACITY, INTERIM SITING MECHANISM,
CONTINGENCY PLAN, DESIGNATION OF ADDITIONAL DISPOSAL CAPACITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board has reviewed the proposed amendments to the Oakland
County 1990 Solid Waste Management Plan Update (the "Plan Update)) as prepared
by the County Executive and approved by the Oakland County Solid Waste Planning
Committee (SWPC) on April 28, 1994, all in accordance with Act 641 of the
Public Acts of 1978, as amended (Act 641); and
WHEREAS this Board by resolution adopted on May 26, 1994, noted a series
of objections to the proposed amendments and returned the amendments to the
SWPC with a request that the SWPC make its final recommendations to this Board
by June 9, 1994, regarding the objections, as provided in Act 641; and
WHEREAS the SWPC met on May 26, June 2, 1994 and again on June 8, 1994,
to consider this Board's objections to the amendments and has submitted its
written recommendations to this Board pursuant a resolution dated June 8, 1994,
from the Chairperson of the SWPC; and
WHEREAS this Board has considered the recommendations of the SWPC and
deems it is necessary and advisable to approve the amendments with certain
changes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the amendments as issued on April 28, 1994, by
the Solid Waste Planning Committee with the changes described in the attached
Appendix A.
BE IT FURTHER RESOLVED that the amendments with the changes noted in
Appendix A shall be submitted first to Oakland County's 61 municipalities for
their approval and after receiving 67% affirmative responses (41 minimum), the
amendments shall be submitted to the Michigan Department of Natural Resources
for its final approval.
BE IT FURTHER RESOLVED that the language of the attached Appendix B shall
be added to the Plan Update.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Appendix A and B on file in County Clerk's office.
Moved by Palmer supported by Powers the resolution be adopted.
AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett,
Law, McPherson, Miltner, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid,
Taub, Wolf, Aaron, Crake, Dingeldey, Douglas. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94172
BY: Planning and Building Committee, Charles Palmer, Chairperson
IN RE: SOLID WASTE MANAGEMENT - AMENDMENT TO THE 1990 OAKLAND COUNTY SOLID
WASTE PLAN UPDATE - ACT 641 FACILITY DESIGNATIONS ADDITIONS AND DELETIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS this Board has reviewed the proposed amendments to the Oakland
County 1990 Solid Waste Management Plan Update (the "Plan Update) as prepared
by the County Executive and approved by the Oakland County Solid Waste Planning
Committee (SWPC) on April 28, 1994, all in accordance with Act 641 of the
Public Acts of 1978, as amended (Act 641); and
WHEREAS this Board by resolution adopted on May 26, 1994, noted a series
of objections to the proposed amendments and returned the amendments to the
SWPC with a request that the SWPC make its final recommendations to this Board
by June 9, 1994, regarding the objections, as provided in Act 641; and
WHEREAS the SWPC met on May 26, and June 2, 1994, to consider this
Board's objections to the Plan Update and has submitted its written
recommendations to this Board pursuant to resolutions dated June 2, 1994, from
the Chairperson of the SWPC; and
WHEREAS this Board has considered the recommendations of the SWPC and
deems it is necessary and advisable to approve the amendments with certain
changes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves the amendments as issued on April 28, 1994, by
the Solid Waste Planning Committee with changes as described in the attached
Schedule A, except for the language on Schedule A, Page 3, Paragraph 2, Line 3
from the words "not just for" and continuing through the words "the City of
Pontiac, but" which language is not endorsed or supported.
BE IT FURTHER RESOLVED that the amendments with the changes noted in
Schedule A shall be submitted first to Oakland County's 61 municipalities for
their approval and after receiving 67% affirmative responses (41 minimum), the
amendments shall be submitted to the Michigan Department of Natural Resources
for its final approval.
Chairperson, on behalf of the Planning and Building Committee, I move
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Schedule A on file in County Clerk's office.
Moved by Palmer supported by Pernick the resolution be adopted.
AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law,
McPherson, Miltner, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid,
Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
Moved by Obrecht supported by Pernick to reconsider the approval of the
minutes of the May 26, 1994 Board meeting.
A sufficient majority having voted therefor, the motion to reconsider
carried.
Moved by Obrecht supported by Pernick to amend the minutes of
May 26, 1994, in regards to #94162, SHERIFF'S DEPARTMENT - CONTRACT FOR LAW
ENFORCEMENT SERVICES AT THE PINE KNOB MUSIC THEATRE, by deleting the words "AND
MEADOWBROOK MUSIC THEATRE" from this resolution.
A sufficient majority having voted therefor, the minutes, as amended,
were approved.
MISCELLANEOUS RESOLUTION #94173
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF DEPARTMENT - CAMP DEARBORN CONTRACT FOR LAW ENFORCEMENT
SERVICES FOR THE 1994/1995/1996 SEASONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is the policy of the Oakland County Board of Commissioners to
permit the Sheriff's Department to enter into contractual agreements for the
purpose of Law Enforcement Patrol Services; and
WHEREAS the City of Dearborn has proposed a contract between the County
and the City of Dearborn for Law Enforcement Patrol Services for 12 weeks for
1994, 1995, and 1996; and
WHEREAS the Sheriff's Department in conjunction with the City of Dearborn
is proposing to continue contracting for services per the attached agreement
for one [1] Deputy II, four [4] Deputy I's, and ten [10] Part-Time Non-Eligible
Park Deputies; and
WHEREAS the rates can only be established for these services for the
1994/1995 seasons. For the remaining year, 1996, the rates will have to be
established at a later date.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Chairperson of the Board and the Oakland County
Sheriff to enter into the attached agreement with the City of Dearborn for the
purpose of Law Enforcement Patrol Service at the rates included in the attached
Schedule A.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Contract for Camp Dearborn Police Protection and Schedule A on
file in the County Clerk's office.
The Chairperson referred the resolution to the Public Services Committee.
There were no objections.
MISCELLANEOUS RESOLUTION #94174
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE
PONTIAC SILVERDOME - WORLD CUP GAMES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Pontiac has requested the Oakland County Sheriff's
Department to supply patrol officers for Law Enforcement Services at the World
Cup Soccer Games at the Silverdome; and
WHEREAS the Sheriff's Department has agreed to supply such patrol
officers on an availability overtime hourly basis, the number of man-hours to
be determined by the Sheriff's Department; and
WHEREAS the County of Oakland shall be reimbursed for such services by
the City of Pontiac at the hourly overtime rates for the World Cup Soccer
Games, as was established by Miscellaneous Resolution #93254.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the execution of the attached contract consistent with
provisions contained therein.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the
Chairperson of the Board, and the Sheriff to sign agreements for Law
Enforcement Services at the established standard overtime rates.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Copy of Contract for World Cup Police Protection with the City of Pontiac
on file in the County Clerk's office.
Moved by Obrecht supported by Kingzett the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson,
Miltner, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf,
Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
MISCELLANEOUS RESOLUTION #94175
BY: Public Services Committee, Lawrence A. Obrecht, Chairperson
IN RE: DISTRICT COURT 52/3 OCCUPANCY OF NEW OFFICE SPACE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland entered into a lease agreement pursuant to
Miscellaneous Resolution #93190 to occupy an office suite for the District
Court's Probation Department; and
WHEREAS pursuant to the lease agreement, the office space is now
available for occupancy; and
WHEREAS in order to maximize the efficient use of the suite's space,
remodeling of the existing layout of the suite should occur; and
WHEREAS the renovation layout has been designed and approved by the
Department of Facilities Maintenance and Operations and should not exceed
$17,776.00; and
WHEREAS furnishing purchases of two (2) cubicals, three (3) desks, three
(3) credenzas, three (3) desk chairs and six (6) side chairs will complete the
move and should not exceed $12,217.00; and
WHEREAS the 52nd District Court, 3rd Division has realized CRIMP savings
for 1994 through Miscellaneous Resolution #93106 and intends to use the CRIMP
savings to finance this project. A fiscal note will accompany this resolution
when presented to the Finance Committee.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the
remodeling and furniture arrangement for occupancy of the 52nd District Court,
3rd Division's new office space.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
The Chairperson referred the resolution to the Finance Committee and the
Planning and Building Committee. There were no objections.
MISCELLANEOUS RESOLUTION #94176
BY: Jeff Kingzett, District #7
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/REAL ESTATE SECTION - SALE OF
COUNTY-OWNED PROPERTY IDENTIFIED AS TAX SIDWELL NUMBER #14-03-100-026 IN THE
CITY OF AUBURN HILLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners, in Miscellaneous Resolution #89261,
authorized the siting of a Waste-to-Energy (WTE) and Material Recycling
Facility (MRF) on approximately 33 acres in the City of Auburn Hills,
identified as Tax Sidwell Number #14-03-100-026; and
WHEREAS an insufficient number of municipalities in Oakland County
elected to participate in a fully integrated Solid Waste Management System,
thereby necessitating the need for the Board of Commissioners to discontinue
efforts to implement such a system; and
WHEREAS as a result of this decision, the Board of Commissioners, in
Miscellaneous Resolution #93249, terminated the Auburn Hills Host Community
Agreement; and
WHEREAS the Board of Commissioners has amended the County's Solid Waste
641 plan by deleting the WTE and MRF from the plan; and
WHEREAS these 33 acres could afford an excellent site for industrial use,
thereby expanding the County's tax base.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the sale of county-owned property identified in
Miscellaneous Resolution #89261 (Tax Sidwell Numbers #14-03-100-026).
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
directs the Department of Facilities Management to negotiate a sales agreement
with the highest qualified proposer, price and other factors considered, for
property identified as Tax Sidwell Numbers #14-03-100-026, located in the city
of Auburn Hills, final approval of which shall be required by the Board of
Commissioners.
Chairperson, I move adoption of the foregoing resolution.
Jeff Kingzett, Lawrence Obrecht,
Kevin A. Miltner
The Chairperson referred the resolution to the Planning and Building
Committee. There were no objections.
MISCELLANEOUS RESOLUTION #94177
BY: Jeff Kingzett, County Commissioner, District #7; Joan Newby, County
Commissioner, District #6
IN RE: (SUPPORT) CITY OF PONTIAC DESIGNATION AS FEDERAL ENTERPRISE COMMUNITY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the federal government will designate up to 65 Enterprise
Communities as part of a program designed to help distressed communities enjoy
economic growth and provide economic independence for low income families and
individuals through federal social service block grant funds, waivers of
federal regulations, and business development incentives; and
WHEREAS as in Michigan, Governor John Engler has made a similar
commitment to breakdown regulatory barriers to program and service delivery as
part of this program; and
WHEREAS the City of Pontiac is preparing to apply for Enterprise
Community designation and is the only Oakland County community eligible to do
so.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners supports the City of Pontiac in its objective of becoming
designated as a Federal Enterprise Community, and encourages the Federal
Department of HUD to grant that designation to the City of Pontiac.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the
City of Pontiac, Michigan Congressional delegation and U.S. Senators, and the
Secretary of the Federal Department of HUD.
Chairperson, I move the adoption of the foregoing resolution.
Jeff Kingzett, District #7
Joan Newby, District #6
The Chairperson referred the resolution to the Planning and Building
Committee and the General Government Committee. There were no objections.
In accordance with Rule XXII, the Chairperson made the following
referrals:
FINANCE
a. Mich. Dept. of Treasury - Millage Requests and Millage Rollbacks
GENERAL GOVERNMENT
a. L. Brooks Patterson - Letter Intending to Appoint Gerald Poisson as
Corporation Counsel on July 1, 1994
b. James Defebaugh - Letter of Resignation to the CMH Board
OTHERS
Commissioners
a. James Defebaugh - Letter of Resignation to the CMH Board
There were no objections to the referrals.
The Chairperson stated the next meeting of the Board will be on
June 23, 1994 at 9:30 A.M.
The Board adjourned at 10:24 A.M.
LYNN D. ALLEN LARRY CRAKE
Clerk Chairperson