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Home My WebLink AboutResolutions - 2001.12.13 - 26325REPORT (USC. 101305) December 13, 2001 BY: General Government Committee, William Patterson, Chairperson IN RE: MR #01305 - BOARD OF COMMISSIONERS - ACCEPTANCE OF PETITION FOR DETACHMENT AND SCHEDULING DETACHMENT VOTE OF THE ELECTORATE OF THE CITY OF PONTIAC TO THE CHARTER TOWNSHIP OF BLOOMFIELD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having carefully considered and deliberated upon the above-titled resolution, recommends that this issue is of enough significance that the full board should determine a final action. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. FISCAL REPORT (MR. #01305) December 13, .2001 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: BOARD OF COMMISISONERS - ACCEPTANCE OF PETITION FOR DETACHMENT AND SCHEDULING DETACHMENT VOTE OF THE ELECTORATE OF THE CITY OF PONTIAC AND THE CHARTER TOWNSHIP OF BLOOMFIELD TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: 1. The Finance Committee, having reviewed the above referenced resolution, reports that any cost associated with this resolution will be absorbed by the Clerk's budget. No additional appropriation is required. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE FINANCE COMMITTEE: Motion carried on a roll call vote with Causey-Mitchell, Friedman Appel and Melton voting no. airperson, we move the adoption of the foregoing resolution. 4 ACA -4' Thomas A. La , District #13 David B. Buckley, Dist t#14 Shelley Go n Taub, District #12 .2.c.sli3137)---Sazuk MISCELLANEOUS RESOLUTION # 01305 BY: David B. Buckley, District #14, Thomas A. Law, District #13, Chuck Moss, District #15, Shelley Goodman Taub, District #12 IN RE: BOARD OF COMMISSIONERS — ACCEPTANCE OF PETITION FOR DETACHMENT AND SCHEDULING DETACHMENT VOTE OF THE ELECTORATE OF THE CITY OF PONTIAC TO THE CHARTER TOWNSHIP OF BLOOMFIELD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Clerk received a Petition for Detachment on the 26 th day of October, 2001 for the detachment of a portion of the City of Pontiac to the Charter Township of Bloomfield; and WHEREAS the Petition for Detachment contained the signatures of registered voters in excess of one (1%) percent of the population of the combined population of the City of Pontiac and the Charter Township of Bloomfield including at least ten (10) signatures of registered voters in each community; and WHEREAS the Petition for Detachment contained a map and description of the land to be detached; and WHEREAS the Petition for Detachment conforms with the provisions and requirements of MCL 117.6 and 117.8 as amended as to form and content; and WHEREAS the Petition for Detachment contained the necessary number of signatures of registered voters required by MCL 117.6. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners determined that the Petition for Detachment complies with the requirements of MCL 117.6 and 117.8. BE IT FURTHER RESOLVED that the Petition for Detachment shall be submitted to the vote of the electorate of the City of Pontiac and the Charter Township of Bloomfield on the 5 th day of February, 2002. v Chuck Moss, District #15 Zit Er p • 1 ▪ 4 9 Dave Payne, Supervisor Wilma S. Cotton, Clerk Dan Devine, Treasurer October 26, 2001 IOLODNIFELD TOWNS1-IID ,•-•• •• (LiC.,n,3 DEPUTY COUNT Y CLERK Trustees: Jerry J. Tobias William R. Yaw, Jr. Sherry Stefanes Janet Roncelli Mr. G. William Caddell Oakland County Clerk 1200 N. Telegraph Road Pontiac, Michigan 48341-0413 Re: Petition for Detachment Dear Clerk Caddell: I hereby certify that there are one thousand five hundred and sixty two (1,562) signatures for registered voters and free holders in Bloomfield Township and twenty-seven signatures for registered voters and free holders in Pontiac. All'of the 1,562 Bloomfield Township signatures have been verified however, the Pontiac signatures have not been verified, as I do not have access to the voter registration signature cards. Yours truly, Wilma S. Cotton • Bloomfield Township Clerk 4200 Telegraph Road • P.O. Box 489 13 Bloomfield Hills, MI 4E1303-0439 • (248) 844-8181 • Fax (248) 433-7714 6 NO. RTH• LINE OF BLOOMFIELD ACRES 502'051 151E SCAM 4' • NW • I •• ki9 I 1 . 121 L•4 .. A Eh, CI, 141 crs .4- —a •-• 19-05-192-001 N87'53' 001E 1285.471 WT 16 • 19-05-15E1-001 LOT 15 19-05-152:002 I . IDT .14 ._ • I, 19-05-152-003 ' 1 • • • •-, . WT. 13 , i•-.1. z....., N - • . . ' 19-05-15E4)04 . • , • r... (304 014 o% . . 19-05-15E-005 I, •f2 2-g g Q. • WT 12 I th 6.11: " .- LP. 7. ;,4.1--.: • I . I. .. I • • : • P • -II XCf 9 k ' I I I / k l PO 4 1 6 1 e f. VI - 1 1 3. -4 r . . i,tr itt . :. -co 033Eit . .1 1 1 i . . 1 i_ • • LOT 10 • 19-05-152-007 • LOT 9 • 19-05-152:008 j "• Lorzr ROTSEL ROAD JOB NO. E0010684 • DATE 09-26-01 HUBBELL, ROTH CONSULTING HULET DRIVE BLOOMFIELD HILLS, ISM. & CLARK, INC. ENGINEERS • P.O. BOX D24 4E303-0E24 SHEET NO. 1 05 2 • • DETACHMENT AREA .1 • BEARINGS 'BASED ON BLOOMFIELD . • ' ACRES SUBDVISIOA', AS. RECORDED- • • IN LINER 41 OF PLATS, PAGE 0, OAKLAND C0UN7Y RECORDS. • 1u9' • „ . • • • paBi re; 58753'001W 372.11' ' 1 . LOTS 19-05:151-006 I LOT 7 I ; 19-05-151-007 I 1 • I \ . I • 19-011157-608 ' . • I ( • ir 6 3/e1S\Y/S - \ / ‘1/4 \>„" • • • 19-05:1Fr.ON - 1 (70.1 / W/' %. `ts . 11), ,A, •Co • _it I \' /03 / .• • ,Y A A k • / S39'45'43 1 • , a. • • _•• mr nP _ I I n , le / •.: .s, / - . • • \ / v A • j," k / \ ;$4. 14 /14#1•A.,_" I th • .1 I . \ e re •ei. , .. • / 539'45'43 • '1 Pl" " •- p foo.oy \ ' • / tz) ,n1.1 o 40 . \ X ° 0 I' '‘A I % \I/ 5 0 IVOR.. 1 \ , ' e.n ,# 4,,., • I olr) ,% ...c. % .I ,. \ I V r . , ... I A _O \ lib N. / 5 e . 1 •V <Xn sso /421/ r< , ? ,• \ (0 .‘ • • ' 4' , 47 . e 11'1-- . '' 0 (Dqr • A e' .sy **/\ n12\ i 01 U e 61'7-‘• \ I ' AP ef %n • i• ' ' .-fe,\' sari N I V, \ \ • -Zo - . \ , /4„ , , ,,, / • A. e \ • \ 58.16' e ,14...., n 4, ..,,... /6 ,,,, ...,„, w / \ ....,,. \ / '/,44, ' %A / N ,,..\ e t. V ILI % /32b . \ e , . „ . . A, i \ e.. .., e Ri • \ \ -*) • :s.' /4 , A .1/4 d „,'" N., •n,# 8'• • • n G. \\',05,491,,^, ,' 1,35 /I /1 • ' \ - dZ. N. • "0, - "." N. I n I . qt.!. • \ , • •••' • ' EP ' e " s• / tvi I (f) • \ Z / fii ' • / 'Pi\ . • \ .. ' If . • - < p / • • ; 1 . . & • ., • / ci) / k • I • • \ N. \ -5 %. 1 ./ NZ, / .,; . , . • • • - s' • • 4b. / e ' • Elk's—WEST 14_ CORNER \ • . c2,. \ % e• • \ . 51.••• • • l----541--- i IA • • - SEC. 5, T2N, R10E, ' .' '\ -..--zs, 1 \\ ../. BLOOMFIELD TOWNSHIP, \ • CF./ % ' OAKLAND COUN7Y, MI. • • % • \ \ 19-0-5--151-001 ...1. LOT 2 • • I I R I LOT 5 I r, 19-05-151-005 --at B 1 LOT 4 • 19-05-151-004 • LOT 1 19-03T:151-002 1 LOT 3 1 19-05-151-003 I ci un ! fir-1=-11111 • Jk . LOT 34 13-05-156-015 1- .1 • • 1 JOB NO. 2001004 DATE ' o91. . , . & CLARK, INC. ENGINEERS . P.O. BOX 524. 45303-0524 SHEET 140. 2 OF 2 HUBBELL, ROTH CONSULTING 555 RULET DRIVE BLOOMFIELD RILLS. LIICH. 1 ... .... 1 - s • ; I DETACHMENT AREA : • • • • DESCRIPTION O• DETACHMENT AREA •. • • ' • • • • • • • Part of 'Bloomfield Aares", a subdivision of part of the Southwest 1/4 of the Narthvest 1/4 • .of Section 5, TEN, R10E; Blaomfield Township, Oakland. County, Michigan, as recorded • In Libor 41 of Plats, Page 49, Oakland County Records, being described as, Commencing at the West'ilt corner of said Section 5;thenoe N01-40'30'W 850.30 feet along the West line of said Seaton 5 to the POINT OF 8E9101NQ:fiance NO.1"40'30'W 785.30 feet • along the West line of said Bloomfield Aares,thenoe NE17"53 1001E 1285.47 feet along the North line of said Bloomfield Acres, thence S02 -05'15•E 114950 feet along the East As • of said Blobnileld.Acres;thence SEITI1'28 1W 58.16 feet along the North line of Lot 34 of sold Bloomflold Acresithenoe N71'03 116'W 570E7 feet along ilv Northerly lines of Ids 33, 32, 31, 30, and 29 of said Bloomfield AoresIthenoe S3945'431'1 100.01 feet along the Westerly line of lot 29 of said Bloomfield Acres to the Northerly right of wry line or Hood Road (60 feet widekthence N50'14'30'W 351.01 feet along the Northerly right of way of said Hood Road to the North right a f way line o f Roftel Road f60 feet Wel, said line also being the South line cf Lc t 9 if said Bloomfield Acres; thence 5'87'53'00'W 372.11 feet along the North right of way of said Rafael Road and the South lines of Lots 9 ahd 8 or said 13/cornfield Acres to the MINT OF BEGINNING. Said • property contains 1216;413 square feet or 27.925 acres, more or IBS& : Bearings based on Bloomfield - Adros Subdivision, as recorded In Libor 41 of Plats, Page • al?, Oakland Courtly Records. . .• • • • . r • . N • I I . • - Resolution #01305 November 8, 2001 The Chairperson referred the resolution to the General Government and Finance Committees. There were no objections. Resolution #01305 December 13, 2001 Moved by Patterson supported by Moss the General Government Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Amos the Finance Committee Fiscal Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Patterson supported by Douglas the resolution be adopted. Moved by Melton supported by Causey-Mitchell the resolution to be amended as follows: The following RESOLVED paragraphs be deleted: NOW THEREFORE BE IT RESOLVED that the Board of Commissioners determines that the Petition for Detachment complies with the requirements of MCL 117.6 and 117.8. BE IT FURTHER RESOLVED that the Petition for Detachment shall be submitted to the vote of the electorate of the City of Pontiac and the Charter Township of Bloomfield on the 5th day of February, 2002. The following RESOLVED paragraphs be added: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby direct the Oakland County Corporation Counsel to file a Declaratory Judgement action on behalf of the Oakland County Board of Commissioners seeking a ruling on the affect of the Petition of Detachment in relationship to the pending three lawsuits. BE IT FURTHER RESOLVED the election on the Petition to Detach shall be the earlier of a decision on the declaratory action or the August 6, 2002 primary election. Discussion followed. Y VETO TiE FOREGOING RESOLUTION z/ai1/4 / )oksPaUd 8ofl, CouritY Exe‘Altive Date Resolution #01305 (continued) December 13, 2001 Vote on amendment: AYES: Coleman, Galloway, Garfield, Gregory, McPherson, Melton, Sever, Suarez, Amos, Appel, Causey-Mitchell. (11) NAYS: Crawford, Dingeldey, Douglas, Law, Moffitt, Moss, Obrecht, Palmer, Patterson, Taub, Webster, Brian, Buckley. (13) A sufficient majority not having voted therefore, the amendment failed. Vote on resolution: AYES: Crawford, Dingeldey, Douglas, Law, Moffitt, Moss, Obrecht, Palmer, Patterson, Taub, Amos, Brian, Buckley. (13) NAYS: Galloway, Garfield, Gregory, McPherson, Melton, Sever, Suarez, Webster, Appel, Causey-Mitchell, Coleman. (11) A sufficient majority having voted therefore, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 13, 2001 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 13th day,pf December, 2001. G!. William Caddell, County Clerk Board of Commissioners L. Brooks Patterson December 21, 2001 To: From: Subject: Veto of MR #01305 — Acceptance of Petition for Detachment and Scheduling Detachment Vote of the Electorate of the City of Pontiac to the Charter Township of Bloomfield Pursuant to MCL 45.561(1), I hereby veto MR #01305 for the reasons set forth below: MCL 117.1, et seq., the Home Rule Cities Act, authorizes a county board of commissioners to validate petitions and set elections for detachment of land from a city to a township from which the property was previously annexed. Pursuant to MCL 117.8, the Board of Commissioners undertook review of the detachment petition submitted to it in late October by the Bloomfield Township Clerk. This matter was referred to the General Government Committee, which met on November 14, 2001, and among other actions, requested the assistance of the County Clerk to verify voter registration and freeholder status of the signers of the petition. Also at that meeting, the General Government Committee was advised by Corporation Counsel of the status of three currently pending lawsuits affecting the subject property. After much discussion, the General Committee determined that, in accord with the advice of Corporation Counsel, the Board of Commissioners should consider filing an action for declaratory judgment seeking judicial clarification of the Board's legal rights and responsibilities in light of the three pending lawsuits and the possible premature status of the detachment petitions. (The filing of the declaratory judgment action was never approved by the full Board.) Simultaneously, the General Government Committee formed a subcommittee to oversee the petition review process. The subcommittee met twice, on November 19 and again on December 3, 2001. At the November 19 meeting, the subcommittee directed three questions (one of which is relevant to this discussion) to Corporation Counsel. Specifically, the subcommittee asked, "Is the form of the petition correct?" On November 29, Corporation Counsel provided a verbal and written response to the questions of the subcommittee. With respect to the question concerning the form of the petition, Corporation Counsel advised that the petition submitted to the Board contained a map specifically incorporated as part of the petition and circulated to the voters. The map indicated that the area to be detached is in Bloomfield Township. Further, the petition contained a description of the detachment area specifically incorporated as part of the petition circulated to the electors. This description also stated that the area to be detached is in Bloomfield Township. Thus, it was the opinion of Corporation Counsel that the detachment petition failed to conform to the provisions of MCL 117.6 and 117.7 and contained incorrect statements. Mrs. Cunningham advised the Board to take no action on the detachment petition pursuant to MCL 117.8. She also urged the Board again to seek a judicial determination of the Board's responsibilities in the form of a declaratory action. On Thursday, December 6, the General Government Committee held a special meeting at which the subcommittee chaired by Commissioner Peter Webster presented its report. The General Government Committee took no action on MR #01305, finding instead that after carefully considering and deliberating on the Resolution, the Committee "recommends that this issue is of enough significance that the full Board should determine a final action." On December 13 the Board of Commissioners voted 13 — 11 to approve MR #01305. MCL 117.7 requires that the petition accurately describe the proposed boundaries of the city or the territory to be detached. Here, the petition describes the property as located within Bloomfield Township, not the City of Pontiac. The petition also contains by incorporation a map of the detachment area showing the property as being located in Bloomfield Township. The map includes not only the purported detachment area but also additional parcels not included in the detachment effort. Without a legend to explain and clarify it, the map is misleading. (By way of contrast, I have included with this veto message a map prepared by the Oakland County Equalization Division, which properly and clearly depicts the area to be detached. Please note the glaring differences in presentation and clarity between the map enclosed with the Veto Message and the map attached to petition for detachment.) Accordingly, contrary to the statutory requirements, the petition contains untrue statements and an erroneous description. MCL 117.8 mandates that the Commission reject the petition if it does not conform to the statutory requirements or if the petition contains incorrect statements. The Michigan Supreme Court held in Taylor v Ottawa County Clerk, 374 Mich 393 (1964), the "board of commissioners is without jurisdiction to consider a detachment petition under the Home Rule Cities Act when the petition does not meet the statutory requirements." In that case, as in the matter before the Board, the map attached to the petition did not clearly show the area to be incorporated, and the heading of the map was incorrect and misleading. As of this writing, the legal status of the property to be detached is being litigated in three pending actions in the Oakland Circuit Court and one appeal in the Michigan Court of Appeals. All of these actions contain conflicting claims regarding which municipality has jurisdiction over the property to be detached. In addition to the reasons set forth above, I am vetoing this Resolution because it flies in the face of the clear intent of P.A. 139 of 1973, specifically, MCL 45.563 which provides, "the department of corporation counsel if adopted shall perform as provided by law all civil functions and provide property acquisition services for the county as provided by law." Pursuant to her statutory duty, Corporation Counsel advised the Board of Commissioners throughout this process. She was prepared to file and had drafted a Complaint for Declaratory Judgment on behalf of the Board of Commissioners for all of the reasons set forth in previous parts of this message. She is counsel for the Board of Commissioners. Absent a conflict as defined by the Michigan Rules of Professional Conduct for attorneys, there is no legal authority for the Board of Commissioners to employ outside counsel. See Bay County Executive v Bay County Board of Commissioners, 177 Mich App 460 (1989). Corporation Counsel advised the Board of Commissioners appropriately in this matter. Accordingly, for the foregoing reasons, I hereby veto MR #01305. L. Brooks Pattetton LBP/ Attachment \judy\detachment petitions\BOC It2.doc ARI NCS I3ASED ON BLOWN= I F:1 D ACRES SUDO/ I ION , AS RECORDED IN LIRE!? 41 OF P LAI S IWE 49. OAKLAND COCINIY RECORDS. Map of described area as it should have been done. Heavy Line Indicates Border Between City of Pontiac, and Charter Township of Bloomfield DETACHMENT AREA FIVn11n010MIP 60' 1,0 NO7'53' 00^ E 1285 47' 19 -09- i0,2 o01 Grey Shaded Area / BLOW' IELD ,cas NORTH LINE OF Indicates Detachment Area LOT 16 19-05- 152-00/ 13 0 ILI El LI - (4: ) 4) <3. v) ko I LOT 15 - Sq).5;1 51-002 I 19-05-152-002 .003 LOT 19-05-1 IQ :3 (r.) c, n:•.) W O., 19-05-152,E (.1') ^•1 _ A 1 / i - / 1 63/ I ' N4/ .,,ft-ys ra' (,)(3T1njuLk7r1.kkLk • I I Ci.' s / -,,, . ',) ' \ OM N a " • " 1 Iil = - -4 \ ? Y ' < ' COYA11%5_11110 . , 7 \ • KI I \ ' , • N , , r,), ,, ‘,\,' r.„,'• , _ .N., -WC/ ,VI 0 \ / ,,, , \ / ,S,39 45`4.3"e• I Is9) ' , '-' „ ' (3 wool' , , ,..; N. i . ,„. , ''• -5-,--,N / , ... .,- , , ' . .7) , \ ,.„b \ , N ' I '-' K( \ '''‘ ' , ,. , ' , < 4) , \ ..., ..„ ,.,„; \ \ 0 6 21, .<< N ' , ' di, / ,,, ; , ' \ \ In ; i.... '''• 6./„.,,, r",l, . , , „0.n ) 2 ROTsE L.-- no