HomeMy WebLinkAboutMinutes - 2000.04.13 - 8285204
OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
April 13, 2000
Meeting called to order by Chairperson John P. McCulloch at 9:50 A.M. in
the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch,
McPherson, Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez,
Taub. (24)
ABSENT: Moffitt (with notice). (1)
Quorum present.
Invocation given by Commissioner Frank Millard.
Pledge of Allegiance to the Flag.
Moved by Jensen supported by Causey-Mitchell the rules be suspended and
the agenda be amended as follows:
ITEMS ON BOARD AGENDA
FINANCE COMMITTEE
a. Department of Management and Budget – 2000 Equalization Report
(Reason for suspension of Finance Committee, item a: Waiver of Rule III –
Equalization Report not provided for Board agenda five days prior to meeting
(only resolution was provided).
• Postpone General Government Committee item a, Appointments to
Community Mental Health Authority Board until the May 4, 2000 meeting.
• Postpone General Government Committee item b, #00038, Opposition to HR 3439
and SB 2068, Prohibition of Low Power FM Radio Stations until the May 18,
2000 meeting.
Commissioners Minutes Continued. April 13, 2000
205
Vote on suspension:
AYES: Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch,
Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion to suspend the
rules and amend the agenda carried.
In honor of National Government Week, Chairperson McCulloch along with
Commissioners Causey-Mitchell, Melton and Patterson presented Certificates of
Appreciation to students from Pontiac Northern High School, Pontiac Central
High School and Crossroads for participating in Youth Government Day.
The following people addressed the Board: Art Frantz, Pete Connors,
Peter Letzman, Carl Holcomb, Glenn Preston, Steve Ormond, Eugene Kaczmar,
Ann Frantz, Beth Cristobal, Henry Jackson, June Persinger, Jeff Hawkins, and
Susan Johnson.
MISCELLANEOUS RESOLUTION #00081
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – 2000 EQUALIZATION REPORT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the staff of the Equalization Division of the Department of
Management and Budget has examined the assessment rolls of the several
townships and cities within Oakland County to ascertain whether the real and
personal property in the respective townships and cities has been equally and
uniformly assessed at 50% of true cash value; and
WHEREAS the Finance Committee in accordance with Rule XI.A. (7) of the
Board of Commissioners adopted on January 27, 2000, has reviewed the findings
and recommendations of the Equalization Manager, acting as the
Equalization Director, and conducted hearings to provide for local
intervention in the equalization process; and
WHEREAS based on its findings, the Manager of the Equalization Division
has presented to the Finance Committee the recommended 2000 equalization value
which adds to or deducts from the valuation of the property in the several
townships and cities an amount as, in its judgement, will produce a sum which
represents the true cash value thereof; and
WHEREAS the Equalization Factors listed on the attached report are the
result of the foregoing process and are for information purposes only.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners adopts the 2000 equalization and authorizes its certification by
the Chairperson of the Board and further that it be entered on the County
records and delivered to the appropriate official of the proper township
or city.
Chairperson, on behalf on the Finance Committee, I move the adoption of
the foregoing resolution.
FINANCE COMMITTEE
Commissioners Minutes Continued. April 13, 2000
206
Moved by Douglas supported by Dingeldey the resolution be adopted.
AYES: Appel, Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson,
Melton, Millard, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub,
Amos. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REPORT
BY: General Government Committee, Shelley G. Taub, Chairperson
IN RE: APPOINTMENTS TO COMMUNITY MENTAL HEALTH AUTHORITY BOARD
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, recommends the filling of those
vacancies as follows:
Community Mental Health Authority Board (Three year term ending 3/31/03)
John McCulloch
John Bowker
Ernest Allen, Sr.
Alvin Simmons
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
The Chairperson stated that the report will be postponed until the
May 4, 2000 meeting.
MISCELLANEOUS RESOLUTION #00038
BY: Commissioner Tim Melton, District #7
IN RE: OPPOSITION TO HOUSE RESOLUTION 3439 AND SENATE BILL 2068, PROHIBITION
OF LOW POWER FM RADIO STATIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS since 1978 the Federal Communication Commission (FCC), has not
authorized or licensed any low power FM (LPFM) radio stations below 100
watts; and
WHEREAS the FCC has received supportive comments from thousands of local
governments, religious groups, students, labor unions, and community
organizations supporting the licensing of community-oriented radio which would
transmit from 1 to 3.5 miles to serve very localized community needs; and
WHEREAS the FCC is proposing two new classes of LPFM: LP 100 which
broadcasts a radius of 3.5 miles using 50-100 watts of power and LP10 which
serves a radius of 1-2 miles using 1-10 watts of power; and
WHEREAS eligible licensees can be noncommercial government or private
educational organizations, associations or entities; or non-profit entities
with educational purposes; or government or non-profit entities providing
local public safety or transportation services; and
WHEREAS Federal legislation, House Resolution 3439 and Senate Bill 2068
seek to prohibit the FCC from authorizing the operation of these new LPFM
radio stations, thus silencing these local stations from addressing the needs
and concerns of the local community.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby express its deep and abiding commitment to
championing and providing for full expression of all ideas and information as
guaranteed to all of our citizens under the United States Constitution.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
does hereby urge its Congressional delegation to oppose House Resolution 3439
and Senate Bill 2068 as not being in the best interests of our citizens.
BE IT FURTHER RESOLVED that the County Clerk be instructed to mail
certified copies of this resolution to Oakland County’s Federal legislators
and legislative lobbyists.
Chairperson, I move the adoption of the foregoing resolution.
Commissioners Minutes Continued. April 13, 2000
207
Tim Melton
Commissioner, District #7
Copy of attachments on file in County Clerk’s office.
The Chairperson stated that the resolution will be postponed until the
May 18, 2000 meeting.
MISCELLANEOUS RESOLUTION #00074
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: BOARD OF COMMISSIONERS - STATEMENT OF OBJECTIONS TO THE 1999 SOLID
WASTE PLAN UPDATE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Solid Waste Planning Committee (SWPC) has met
with the Oakland County Designated Planning Agency (DPA) on 14 occasions since
the fall of 1997 to review Oakland County’s future solid waste management
alternatives; and
WHEREAS the Committee authorized the release of a draft solid waste
management plan update document for public comment and this material, dated
June 14, 1999, was widely distributed on that date, with written public
comments received through September 25, 1999, and a public hearing was held on
September 16, 1999 and members of the public spoke of their questions and
concerns on the draft plan update; and
WHEREAS after consideration of all written and oral comments received,
the Oakland County Solid Waste Management Committee has recommended to the
Oakland County Board of Commissioners that the Solid Waste Management Plan
1999 Update dated October 21, 1999, be approved; and
WHEREAS the SWPC has further resolved that should the Board of
Commissioners have objections to the recommended Plan Update that the SWPC
will convene upon receipt of the objections and respond to the issues raised
in a timely manner; and
WHEREAS your Planning and Building Committee has received and reviewed
the recommended Update, discussed its purpose, contents, and ramifications
with the Designated Planning Agency staff, and considered public input at two
meetings; and
WHEREAS your Planning and Building Committee, working in conjunction
with the Solid Waste Division staff, Corporation Counsel, affected
communities, and with the continuing assistance of the Department of
Environmental Quality, has developed certain amendments to the Update and
seeks additional counsel and recommendations of the Solid Waste
Planning Committee.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners herewith adopts the attached Statement of Objections to the 1999
Update and requests the Solid Waste Planning Committee return their further
recommendations not later than 30 days after receipt of this resolution for
final consideration and action by the Board at its earliest convenience.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Copy of Statement of Objections to Recommended 1999 Plan Update,
March 28, 2000, on file in County Clerk’s office.
Moved by Palmer supported by Millard the resolution be adopted.
Discussion followed.
Moved by Palmer supported by Amos to amend the attached Statement
of Objections to the Recommended 1999 Plan Update by adding the
following:
“B) SOCRRA “Disposal Area”
29740 John R Road, Madison Heights
Commissioners Minutes Continued. April 13, 2000
208
Section 12 of Royal Oak Twsp.
19 Acres-more or less
Objection: This facility should be designated as a Waste
Processing Plant and Transfer Station, subject to Part 115 of Act
451 of 1994, with the Update revised to incorporate appropriate
Facility Descriptions, functional descriptions and references
throughout the required Plan format. Additionally, the designation
shall be subject to the presentation of a plan, address the amount
of residual expected, specifically exclude tire shredding and
hammer milling and also accommodate the potential relocation of
SOCRRA’s current activities and provide a new plan designation if
the following conditions are met:
1) New facility to be developed in appropriately zoned Industrial
district of Madison Heights.
2) New facility to be owned and operated by or under the
contractual control of SOCRRA.
3) SOCRRA to provide Board Resolution Pledging Commitment to cease
all operations and relinquish Waste Processing and Transfer
designations at the John R facility within 60 days of new
facility completion.”
Commissioners Minutes Continued. April 13, 2000
209
Vote on Palmer’s amendment:
AYES: Buckley, Colasanti, Coleman, Dingeldey, Galloway, Garfield,
Jensen, Law, Obrecht, Palmer, Patterson, Taub, Amos, Appel. (14)
NAYS: Causey-Mitchell, Douglas, Gregory, McCulloch, McPherson, Melton,
Millard, Schmid, Sever, Suarez. (10)
A sufficient majority having voted therefor, the amendment carried.
Moved by Obrecht supported by Taub to amend Commissioner Palmer’s
amendment, under section B, 1), to read as follows:
1) New facility to be developed within a five mile radius of the current
facility.”
A sufficient majority having voted therefor, the amendment carried.
Moved by Causey-Mitchell supported by Palmer to further amend the
Statement of Objections to the Recommended 1999 Plan Update under item A) as
follows:
…“Objection: This facility should be considered to be designated as a
Waste Processing Plant and a Transfer Station, subject to Part 115 of
Act 451 of 1994, with the Update revised to incorporate appropriate
Facility Descriptions, functional descriptions, and references
throughout the required Plan format.”
A sufficient majority having voted therefor, the amendment carried.
Vote on adoption of resolution:
AYES: Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway,
Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Millard, Obrecht,
Palmer, Patterson, Schmid, Suarez, Taub, Amos, Appel, Buckley. (22)
NAYS: Melton, Sever. (2)
A sufficient majority having voted therefor, the resolution was adopted
with the attached Statement of Objections to the Recommended 1999 Plan Update
being amended.
REPORT
BY: Commissioners John P. McCulloch, District #22; Lawrence A. Obrecht, District #3;
Sue Ann Douglas, District #8; Shelley G. Taub, District #12; Thomas A. Law,
District #13; Charles E. Palmer, District #16; Frank H. Millard, District #4;
Donald W. Jensen, District #15; Brenda A. Causey-Mitchell, District #6
IN RE: BOARD OF COMMISSIONERS - CONFIRMATION OF JAMES VAN LEUVEN, JR. AS BOARD OF
COMMISSIONERS’ ADMINISTRATIVE DIRECTOR
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
We hereby recommend the appointment of James Van Leuven, Jr., to the position
of Board of Commissioners’ Administrative Director.
Chairperson, we move the acceptance of the foregoing report.
John P. McCulloch, Lawrence A. Obrecht,
Sue Ann Douglas, Shelley G. Taub,
Thomas A. Law, Charles E. Palmer,
Frank H. Millard, Donald W. Jensen,
Brenda A. Causey-Mitchell
Moved by Obrecht supported by McCulloch the report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Obrecht supported by McCulloch the appointment of
James Van Leuven, Jr. as the Board of Commissioners’ Administrative Director
be confirmed.
A sufficient majority having voted therefor, the appointment of
James Van Leuven, Jr. as the Board of Commissioners’ Administrative Director
was confirmed.
Commissioners Minutes Continued. April 13, 2000
210
James Van Leuven addressed the Board.
MISCELLANEOUS RESOLUTION #00082
BY: Commissioner Michelle Friedman Appel, District #23
IN RE: COURT EQUITY FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Court Equity Fund was established by statute (MCL 600.151b)
and became effective October 1, 1996. Numerous court fees are deposited into
the State Court Fund, with a majority of that revenue flowing through to the
Court Equity Fund. The Court Equity Fund also receives some additional sources
of court revenue and a significant amount of State general fund dollars; and
WHEREAS Oakland County’s District Courts contribute to the Court Equity
fund in two ways: (1) direct contributions to the Court Equity Fund from the
$4.25 that is collected on every criminal and civil judgment and (2)
contributions to the State Court Fund, wherein 80% of these contributions are
passed through to the Court Equity Fund; and
WHEREAS the State of Michigan’s District Courts are divided into 3
classifications: 1st Class District Courts that consist of 1 or more counties
in which each county is responsible for funding the district court; 2nd Class
District Courts that consist of a group of political subdivisions within the
county and the county is responsible for funding the district court; and
3rd Class District Courts that consist of 1 or more political subdivisions
within the county and each political subdivision is responsible for funding
the district court; and
WHEREAS the complex statutory formula for distribution of the Court
Equity fund involves two factors: the caseload activity of the local Circuit
and Probate Courts and the number of circuit, probate and district court
judgeships allocated to each county; and
WHEREAS Oakland County includes the 3rd Class District Court judgeships
for purposes of receiving Court Equity Funds, but excludes 3rd Class District
Courts from the distribution of those funds; and
WHEREAS Oakland County has only 2nd and 3rd Class District Courts.
2nd Class District Courts were initially located in areas with low density
population and were therefore unable to support their own courts due to
smaller caseloads from which little revenue was generated. These 2nd Class
District Courts have now grown and currently are located in the developed
communities of Clarkston, Novi, Rochester and Troy; and
WHEREAS Oakland County’s 2nd Class 52nd District Courts have the added
advantage of receiving funding from the Oakland County General Fund and the
Court Equity Fund, to subsidize their court operations; and
WHEREAS the local communities of the 52nd District Courts receive
revenue generated from their local District Courts and have no
responsibility to contribute any revenue to court operating costs; and
WHEREAS Oakland County’s 3RD Class non-52nd District Courts, located in
Berkley, Bloomfield Township, Farmington, Ferndale, Hazel Park,
Madison Heights, Oak Park, Pontiac, Royal Oak, Southfield and Waterford
Township, also contribute to the Court Equity Fund; and
WHEREAS in Fiscal Year 1998/1999, Oakland County District Courts
contributed $2.5 million to the Court Equity Fund of which $1.57 million
(63%) was contributed by non-52nd District Courts and $927,686 (37%) was
contributed by the 52nd District Courts; and
WHEREAS Oakland County receives nearly $6.5 million annually from the
Court Equity Fund, none of which is made available to fund non-52nd District
Courts. The burden of operating the non-52nd District Courts falls
exclusively upon the local taxpayers; and
WHEREAS a serious inequity occurs when the non-52nd District Courts do
not benefit from receiving Court Equity Fund disbursements. The taxpayers
within the non-52nd District Court communities are adversely affected; and
WHEREAS there is no legal impediment to prevent Oakland County from
disbursing a portion of the Court Equity Fund to the 3rd Class
communities; and
Commissioners Minutes Continued. April 13, 2000
211
WHEREAS alternative distribution formulas must be explored that would
at least minimize the inequity that the present method of funding courts
has upon the residents, courts and communities serviced by Oakland County’s
non-52nd District Courts.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby support a Court Equity Fund distribution formula
that incorporates funding for the Oakland County 3rd Class District Courts.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
does hereby authorize the Department of Management and Budget,
Fiscal Services Division, to annually apportion an amount equal to
twenty-five (25%) percent of the Court Equity Fund that is to be
distributed to Oakland County’s 3rd Class District Courts on a pro rata
basis based on caseload (excluding parking), to supplement the District
Court budget.
Chairperson, I move the adoption of the foregoing resolution.
Michelle Friedman Appel, Eric Coleman,
Ruel McPherson, George Suarez,
Terry Sever, Thomas Law,
Frank Millard, Brenda Causey-Mitchell,
Tim W. Melton
The Chairperson referred the resolution to the Public Services
Committee, General Government Committee and the Finance Committee. There were
no objections.
Commissioners Minutes Continued. April 13, 2000
212
MISCELLANEOUS RESOLUTION #00083
BY: Commissioner Eric Coleman, District #21
IN RE: BOARD OF COMMISSIONERS – RACIAL PROFILING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS racial profiling is recognized as an improper, illegal and
insidious method of pursuing legitimate law enforcement objectives; and
WHEREAS after investigation, it appears that the leadership of various
police and public safety departments actively opposes racial profiling; and
WHEREAS all police departments or public safety departments in
Oakland County have complaint procedures in place to address public concerns
regarding police conduct; and
WHEREAS the police departments in Oakland County (Sheriff’s Department)
are generally, and genuinely, committed to ending any actual or perceived
racial profiling by any of its managers, officers, deputies, or staff; and
WHEREAS the Oakland County Board of Commissioners supports initiatives
that would end any actual or perceived racial profiling as part of law
enforcement activities in Oakland County and will actively participate in
opposing any activities that constitute racial profiling.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby congratulate law enforcement for its efforts to
eradicate actual or perceived racial profiling in police work and further
supports local police agency efforts to condemn any and all
discriminatory practices.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
does encourage and support continued efforts by all law enforcement officials
to participate in training and to train and educate its staff and officers in
anti-discriminatory police practices that prevent and prohibit
racial profiling.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
does encourage and support all law enforcement officials to forthwith
implement and enforce regulations, rules, procedures and practices that
prevent and prohibit racial profiling for police (Sheriff’s) departments which
currently lack such regulations, rules, procedures and practices.
BE IT FURTHER RESOLVED that any member of the public who believes that
he or she has been subject to racial profiling or other discriminatory
practices by a police officer in Oakland County is encouraged to file a clear
and well-drafted complaint, or, complain in person to the Chief of
Police/Director of Public Safety of the agency/department in question.
BE IT FURTHER RESOLVED that the Board of Commissioners supports passage
of Federal, State and local legislation requiring the systematic collection of
and annual reporting to the United States Department of Justice and the
appropriate State or territorial attorneys general the following data, by all
Federal, State, local and territorial law enforcement agencies that engage in
traffic stops.
(1) the race and ethnicity of each person stopped by law enforcement
officials;
(2) the alleged traffic infraction that led to the stop;
(3) whether a search was instituted as a result of the stop;
(4) whether the vehicle, personal effects, driver, passenger and/or
passengers were searched;
(5) the legal basis for the search;
(6) whether contraband was discovered in the course of the search;
(7) the nature and amount of any contraband found; and
(8) whether an arrest was made or citation or warning issued as a result
of either the stop or the search.
BE IT FURTHER RESOLVED that the Board of Commissioners supports the
passage of Federal, State and local legislation that requires the Department
of Justice as well as State and territorial attorneys general, to undertake a
study using the data collected and reported pursuant to the legislation
described above and such other information as may be gathered by or reported
to them, to determine whether, how and the degree to which race-based
profiling or other methods that disproportionately target or affect persons of
color are being employed by Federal, State, local and territorial law
enforcement authorities in conducting traffic stops and searches, and to the
Commissioners Minutes Continued. April 13, 2000
213
extent such practices are being employed, to identify the most efficient and
effective method of ending all such practices.
Chairperson, I move the adoption of the foregoing resolution.
Eric Coleman, Brenda Causey-Mitchell,
Michelle Friedman Appel, George Suarez,
Vincent Gregory, David N. Galloway,
Ruel McPherson, Ron Colasanti,
John P. Garfield, Terry Sever,
Frank H. Millard, Jr.
The Chairperson referred the resolution to the Public Services
Committee. There were no objections.
In accordance with Rule XXII “G”, the Chairperson made the following
referrals:
GENERAL GOVERNMENT COMMITTEE
a. City of Oak Park – Support a Safety Bar Ordinance
b. City of Ferndale – Oppose Actions That Would Further Erode the
Local Home Rule
c. City of Ferndale – Oppose HB 2372
d. Township of Commerce – Call for Continuation of Act 51 Funding for
Public Transportation
PLANNING AND BUILDING COMMITTEE
a. City of Royal Oak – Support the Solid Waste Plan as Recommended at
the Planning and Building Committee Meeting on March 28, 2000
PUBLIC SERVICES COMMITTEE
a. Osceola County Board of Commissioners – Urge the State Legislature
to Amend Public Acts 92
There were no objections to the referrals.
The Board adjourned at 11:50 A.M. to the call of the Chair or
May 4, 2000 at 9:30 A.M.
G. WILLIAM CADDELL JOHN P. McCULLOCH
Clerk Chairperson