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HomeMy WebLinkAboutAgendas/Packets - 1970.05.15 - 39506OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING AGENDA May 15, 1970 1. Call meeting to order 2. Roll call 3. Approval of minutes of April 17, 1970 4. Approval of corrected park rules 5. Millage question 6. Residence for Park Managers 7. New business 8. Ad j ourn OAKLAND COUNTY CORPORATION COUNSEL OAKLAND COUNTY COURT HOUSE 1200 NORTH TELEGRAPH ROAD PONTIAC, MICHIGAN 48053 338.4751 ROBERT P. ALLEN CORPORATION COUNSEL HAYWARD WHITLOCK ASSISTANT April 23, 1970 Mr® Kenneth L. VanNatta, Director Parks and Recreation 2800 Watkins Lake Road Pontiac, Michigan ARMAND P. DEATRICK ASSISTANT JOHN L. GRUBBA ASSISTANT You have requested an opinion of this office as to whether a majority of the members of the Parks and Recreation Commission present, assum- ing there is the statutory quorum of six members, may by a majority vote of the six members, adopt a resolution; or is it necessary to have a majority of the total members, i.e. ten members to adopt a resolution® The question of what vote is necessary was presented to the Michigan Court in a matter involving a private corporation and the Board of Directors thereof® In that case, Ten Eyck vs® Pontiac, Oxford and Port Austin Railroad Company, 74 Mich. 226, the Court stated the general rule to be as follows: lilt is not necessary to the binding action of a board of directors that each member should take part in its deliber- ations. The general rule is that a majority of the members of the board constitute a quorum for the transaction of business and a majority of the quorum have power to bind the corporation by their vote." (Emphasis Supplied) Although the Ten Eyck case involved a private corporation, the ruling is the general rule which also pertains to public corporations® In Mason's Legislative Manual, 1953 Edition, in Section 510 we find the following statement: "A majority of the legal votes cast, a quorum being present, is sufficient to carry a proposition unless a larger vote is re- quired by a constitution, charter, or controlling provisions of law,***" OAKLAND COUNTY CORPORATION COUNSEL N Page -2- rn Robe . Rules • :. order,principle •rth as follo "The basic principle of decision in a deliberative assembly is that, to become the act or choice of the body, a proposition must be adopted by a majority vote, that is, direct approval must be registered by more than half of the members present and voting on the particular matter, in a regular or properly mem- bers, knownas quorum is • - Act 261 of the Public Acts of 1965, as amended, while providing in Section 3 thereof for the number necessary to constitute a quorum, it does • require or .t forth the numberof votes necessary4 passage of a resolution or the conducting of any business. The general rule is perhaps best set forth in a North Carolina case, Hill vs® Ponder, 19 S.E.2d 5, (221 N. C. 58) wherein the North Carolina Court discussed the question of a quorum and how many votes are re- quired of the quorum for the transaction of business.,The Court said: "It is a fundamental rule of parliamentary procedure, derived from the common law and universal application unless modified by statute or some controlling regulation or by law in a par- ticular instance, that a majority of the members of a body consisting of a definite number constitutes a "quorum" for the transaction of business and that a majority of the quorum has power to In view of the foregoing authorities, I am of the opinion you would need only a majority of the quorum to adopt a resolution. Ver truly yours, RPAeck Robert P. Allen oakland county service center Frances Clark Chairman John L. Carey Vice -Chairman Velma Austin Secretary Daniel W. Barry Thomas J. Dillon Clarence A. Durbin Sol D. Lomerson James L. Reid E. Frank Richardson Henry A. Schiffer Commissioners Kenneth L. Van Natta Director Gerard C. Lacey Assistant Director Pauline McCormick Adm. Assistant 2800 watkins lake road Pontiac, michigan 338-6196 April 20, 1970 Mr. Robert P. Allen Corporation Counsel County of Oakland, Michigan Dear Mr. Allen: The Parks and Recreation Commission has re- quested me to obtain a ruling on the following question: When a quorum of six (6) or more members is present at a commission meeting, is a majority of the members present or a majority of the ten (10) member board necessary to pass a resolution. T would appreciate receiving your opinion in writing so that a copy may be sent to each mem- ber. KLV:slw Very truly yours, Kenneth L. Van Natta MILLAGE QUESTION The 1/4 mill renewal has been approved to be placed on the primary ballot in August. We can decide to try then or have the resolution rescinded and ask for permission to place the question on the November ballot. The pros and cons are as follows: Usually only interested people vote in a primary. We may be able to get enough interested people and both parties' support to carry the election. We will lose the strength of our communication which was through the school systems as they will be on vacation. We will lose the main strength of the League of Women Voters, who apparently want to support us, as they do not meet in June, July and August. We will lose the main support of the Boy Scouts as they are inactive in that period. Pollution, quality environment and the need for more parks, will be strong talking points, will possibly be more popular in August than November. We may possibly have the Board of Commissioners approve the placing of the question on the November ballot if we fail in August, thus giving us two chances. There are probably a dozen more valid pros and cons, especially one of present economics. We should, however, make our decision now so we can get on with the job. RESIDENCE FOR PARK MANAGERS We are now endeavoring to make a residence habitable at Waterford -Oaks for the Park Manager. Some questions have arisen that necessitate establishing a policy, as we will be building two more residences in the near future. Administration recommends the following: We furnish: Carpeting in living rooms, halls and other areas that the public may enter and use in the transaction of business, at an in- stalled price not to exceed $8.00 per yard. Kitchen, bathroom and bedrooms to have floor covering furnished by Park Manager. Park Manager to furnish all other needs such as appliances, drapes and other decor that are not permanently affixed to building. Labor for decorating, maintenance and repair will be Park Manager's responsibility. The Parks Commission will furnish paint and other materials for maintenance. No major alterations will be done without approval of Administration. Due to the different types of accommodations we have for resident managers, a question has arisen of whether or not utilities should be furnished. There are two views on this subject: Park Managers are expected to be on the grounds or have someone responsible present the great majority of time. For this consideration, most feel the utility fringe benefit should accrue to them. Administration's thought is: A residence is fur- nished, value of which may average $1,800 per year; if we add utility cost, this would mean an average of another $500 per year. Total cost to our park system for the utility fringe benefit would be about $2,500, which is not unreasonable. Administration feels, however, this additional fringe benefit or compensation should be taken into consideration and reflected in any 1971 salary increases that may be considered. PARKS AND RECREATION COMMISSION oakland county service center 2800 watkins lake road pontiac, michigan Frances Clark Chairman Clarence A. Durbin May 8, 1970 Vice -Chairman Velma Austin Secretary ® To the Members of the PARKS AND RECREATION COMMISSION Daniel W.Barry Thomas. Dillon J Oakland County, Michigan Sol D. Lomerson Carl W. O'Brien James L. Reid Ladies & Gentlemen: E. Frank Richardson Henry A. Schiffer Commissioners A meeting has been called of the PARKS AND ° RECREATION COMMISSION as follows: Kenneth L. Van Natta Director TIME ............... 9: 3 0 a. m. ° Friday, May 15, 1970 Gerard C. Lacey Assistant Director PLACE..............Parks and Recreation Office ° 2800 Watkins Lake Road Pauline McCormick Pontiac, Michigan 48054 Adm. Assistant ® PURPOSE ............ Regular Meeting The meeting is called in accordance with authori- zation of Frances Clark, Chairman of the Parks and Recreation Commission. Cordially, Kenneth L. Van Natta KLV:slw 338-6196