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HomeMy WebLinkAboutMinutes - 1971.09.16 - 7596OAKLAND COUNTY Board Of Commissioners 241 September 16, 197 1 Meeting called to order by Chairman William M. Richards at 9:35 A. M. in the Court House Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Daly, Horton, Mainland, Mathews, Richards. (5) ABSENT: Aaron, Barakat, Brennan, Burley, Coy, Dearborn, Edwards, Gabler, Hamlin, Harrison, Houghten, Kasper, Lennon, Olson, Patnales, Perinoff, Pernick, Powell, Richardson, Simson, Szabo, Wilcox. (22) In the absence of a quorum, the Board recessed until 10:00 A. M. Meeting called to order by Chairman William M. Richards at 10:00 A. M. Invocation given by Alexander C. Perinoff. Roll called. PRESENT: Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox. (26) ABSENT: Edwards. (1) Quorum present. Moved by Daly supported by Harrison the minutes of the previous meeting be approved as printed. A sufficient majority having voted therefor, the motion-carrieb. Clerk read resignation of Cf•,rles B. Edwards, Jr., District #8 Commissioner, as a member of the Board of Commissioners. Moved by Perinoff supported by Olson the resignation be accepted. A sufficient majority having voted therefor, the motion carried. Clerk read card of thanks from the family of James E. Richards. (Placed on file.) Clerk read letter from John R. Muiroy thanking the Board for his appointment to the Oakland County Building Authority. (Placed on file.) Clerk read resolution from the Holly Area School District opposing the use of any public funds for a Stadium. (Placed on file.) Clerk read letter from Jack McDonald, 19th District U, S. Representative, regarding a seminar to be held September 17, 1971 on community development programs. Misc. 5808 By Mr. Aaron IN RE: COMMENDATION - GORDON R. BRYANT, MAYOR OF HUNTINGTON WOODS To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Gordon R. Bryant, Mayor of the City of Huntington Woods, and a former member of the Oakland County Board of Supervisors, was accorded the high honor of being elected President of the Michigan Municipal League at the,Jeague's 73rd Annual Conference on September 3, 1971, and WHEREAS Mayor Gordon R. Bryant is a dedicated public servant and has contributed immeasurably toward the betterment of the welfare of the citizens of his community, and will continue the League's vigorous activity throughout the State of Michigan, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners herewith commends Mayor Gordon R. Bryant for having attained the presidency of the Michigan Municipal League and extends best wishes for success in his new responsibility. OAKLAND COUNTY BOARD OF COMMISSIONERS William M. Richards, Chairman Alexander C. Perinoff, Vice Chairman Dennis M. Aaron, County Commissioner, District #12 Mr. Aaron presented the resolution to Mr. Bryant. 242 Commissjoners Minutes Continued. September 16, 1971 Misc. 5809 By Mr. Lennon IN RE: PONTIAC TOWNSHIP WATER SUPPLY SYSTEM NO. 1 Submitted and recommended by the Board of Public Works WHEREAS the County of Oakland, by Board of Supervisors Resolution Misc. No. 4365, adopted October 5, 1964, established the Pontiac Township Water Supply System No. 1 (herein called the "System") pursuant to Act No. 185 of Michigan Public Acts of 1957, as amended, which System consists of pumping facilities, transmission mains and distribution lines (and a contract to purchase water from the City of Detroit) acquired to supply water in the Township, and WHEREAS pursuant to the terms of said Act the County and the Township have entered into a contract for the acquisition, improvement, enlargement or extension of the System and for the payment of the cost thereof by the Township, with interest, over a period of about forty (40) years, (herein called "Base Contract"), and the County has, pursuant to appropriate action of its Board of Supervisors, issued its bonds to provide the funds therefor, secured by the full faith and credit contractual obligations of the Township and by the pledge of the full faith and credit of the County; and WHEREAS there now remains on hand after completion of the System in excess of $39,000 in surplus bond proceeds which funds are invested by the County as provided in said Base Contract, and WHEREAS it is now necessary, because of changes made by the City of Detroit in its facilities which supply water to the System, to acquire pressure reduction and control facilities to be installed at points of connection of the System to City of Detroit facilities; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF OAKLAND COUNTY, MICHIGAN,as follows: 1. That the Department of Public Works of the County of Oakland expend not to exceed $39,000 of the surplus bond proceeds to acquire, including construction, engineering, inspection and adminis- tration, facilities for pressure reduction and control at points of connection of the System to the water supply facilities of the City of Detroit, upon approval of same by the Board of Public Works and the Board of Commissioners of the County. 2. That upon completion said pressure reduction and control facilities shall be operated and maintained by the County as part of the Transmission Facilities described in the Pontiac Township Water Supply System No. I Lease Agreement, dated as of April 1, 1966, between the Township and the County. 3. That the plans, specifications and estimates of cost and period of usefulness for said facilities prepared by the Department of Public Works are epnrovrd and accepted. It was moved by Mr. Lennon,. seconded...by. Mr. ,Daly, ftet- the foregoing resolution be adopted. Upon roll call, the vote was as follows: YEAS: Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 5810 By Mr. Lennon IN RE: FARMINGTON SEWAGE DISPOSAL SYSTEM -FOURTEEN MILE MAPLE ROAD ARM-REROUTING OF SANiTARY SEWER AND EXCHANGE OF EASEMENTS Recommended by the Board of Public Works WHEREAS an easement was granted to the Department of Public Works by Albert Dickman, Blanche Dickman, Boar Siegel, Bess E. Siegel, Emil Fruchter, Mary Fruchter, Marietta Swartz and Craig Building Company, which easement was recorded in Liber 4411, Page 511, 512o 513 and 514, Oakland County Records,and WHEREAS the present owners of the property, Holtzman and Silverman, a Michigan Co-partnership of 24750 Lahser Road, Southfield, Michigan, requested the County's approval to relocate said sanitary sewer to permit the construction of a shopping center, and WHEREAS a portion of the existing easement can be returned to the present owners, in exchange for a new easement along the route of the relocated sanitary sewer, NOW THEREFORE BE IT RESOLVED by the Oakland County Board of Commissioners, that the Chairman and Clerk of this Board be and are hereby authorized and directed to execute a Quit Claim Deed on behalf of the County of Oakland to accomplish said exchange. PUBLIC WORKS COMMITTEE Bernard F. Lennon, Chairman It was moved by Mr. Lennon seconded by Mr. Perinoff that the foregoing resolution be adopted. Upon roll call, the vote was as follows: YEAS: Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Gabler, Hamlin, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. Misc. 5811 Recommended by the Board of Public Works and Public Works Committee IN RE: CLINTON-OAKLAK; SEWAGE DISPOSAL SYSTEM - PONTIAC TOWNSHIP EXTENSIONS Mr. Lennon presented the following resolution, a copy of which has been sent to each member of the Board of Commissioners: Commissioners Minutes Continued, September 16, 1971 243 RESOLUTION PROPOSED BY OAKIND COUNTY OF PUBLIC WORKS WITH RESPECT TO CLINTON-OAKLAND SEWAGE DISPOSAL SYSTEM - PONTIAC - e'j -! LJ'PHONS WHEREAS the C unty e ..(1 of Public Works h•.e ere•-os,ed a form of agreement to be dated May 1, 1971, between the e% srd and the Townships o7 aF 1 ::•••ol• lahich agreement provides for the purchase by the Ttwn p f Avon of capacity in the Pon-c lownship Ey•tensions of the Clinton- Oakland Sewage Disposal Sysieri, ces tor the payment by the Township of Avon fur said capacity and has authorized the Chairman and tecr, )ry of the Board of Public Works to execute said agreement subject to the approval of this Boar - '. 1mmissioners. NOW THEREFORE BE I. ff0 that the Chairman and Secretary of the Board of Public Works be and they are hereby authc• ee and directed to .E,CC( I: deliver on behalf of said County of Oakland, the Supplemental Ay: ...,fient for purchase of ctpe;,:y by Township of Avon, dated May 1, 1971, between the County of Oaklaie 'td the Townships' of Par 'c and Avon which reads as follows: CLINTON-OAKLAND SEWAGE DISPfe -"C;TEM PONTIAC TOWNSHIP EXTENSIONS-SUPPLEMENTAL AGREEMENT FOR PURCHASE OF CAPACITY BY TOWNSHIP 0, , THIS AGREEMENT, mad 1 ,ne entered into this 1st day of May 1971, by and between the COUNTY OF OAKLAND, a Michigan county (hereinafter referred t.7, as the "county"), party of the first part, by its Board of Public the TOWNSHIP OF AVON, a e;chigan township corporation (hereinafter referred to as "Avon"), party of the , -nd part, and the • OF PONTIAC, a Michigan township corporation (hereinafter referred to antiac"), party er,' J. third part. W1TNESSETH: WHEREAS the county and the two townships are parties to the Amended Clinton-Oakland Sewage Disposal System Contract, dated January II, 1967, (herein caned the "Base Contract") in which contract the county has contracted to acquire a county sewage disposal :ystem (the Clinton-Oakland Sewage Disposal System) pursuant to Act No. 185 of the Michigan Public Acts k) as amended, to serve the townships and other municipalities which are parties to said Base Critt- and WHEREAS the county and Pontiac are parties to a ContracT. Clinton-Oakland Sewage Disposal System - Pontiac Township Extensions, dated May 1, 1970, (herein called the "Extensions Contract") in which contract the county has contracted to acquire the Pontiac Township Extensions (herein called the "extensions") to the Clinton-Oakland Sewage Disposal System (herein eald the "System") to serve areas in Pontiac by collecting and transporting sanitary sewage to the Systene and WHEREAS Avon is not a party to said Extensions Contract but psrt of the facilities to be acquired pursuant thereto will be located adjacent to Avon and can red to transport sanitary sewage originatingein.....certain areaseoi..Avon to the facilities of the System thr•ugh some of the facilities or es the extensions; and WHEREAS the Base. ContNtr provides that the county and the townships may contract relative to • the service of areas in each i he facilities of the System and the Extensions Contract provides that the extensions upon completcse Ian be turned over to Pontiac for operation and maintenance and Pontiac is willing to sell to ,Aen .-t of the capacity of the extensions for use in Avon; NOW THEREFORE in consider- ton of the premises and the covenants of each other, the parties hereto agree as follows: 1. Avon shall have the right to introduce, for transportation to and treatment through the facilities of the Clinton-Oakland Sewage Disposal System, 2.80 cubic feet per second (cfs) of sanitary sewage through said extensions to be located as shown on Exhibit A which is attached hereto and by this reference is made a part hereof, 2. The physical connections to the extensions at the points where sanitary sewage from Avon will be introduced into the extensions shall be inspected by and be subject to the approval of the Oakland County Department of Public Works. Prior to the actual connection to the extensions the plans therefor shall be approved by the Michigan State Department of Health. 3. On or before November 10, 1971, Avon agrees to pay to Pontiac the sum of $42,000.00 for the right to introduce and transport 2.80 c.f.s. of sewage as herein provided. 4. Avon hereby agrees to pay $165.00 on April 1 in cach year to Pontiac for operation and maintenance of the facilities commencing on the April 1 following any connection to the facilities that provides sewage disposal services to any areas in Avon. 5, This contract shall become effective upon its execution by the duly authorized representatives of the parties hereto and shall inure to the benefit of and be binding upon said parties, their successors and assigns. IN WITNESS WHEREOF the parties hereto have caused this contract to be signed by their duly authorized representatives as of the date first above written. WITNESS: TOWNSHIP OF PONTIAC TOWNSHIP OF AVON COUNTY OF OAKLAND By By By its Board of Public Works Supervisor Supervi By By By Township Clerk Township Clerk Chairman By Secretary BE IT FURTHER RESOLVED that the officers of the Board of Public Works are authorized to execute and deliver such number of original copies of said agreement as they may deem advisable. PUBLIC WORKS COMMITTEE Bernard F. Lennon, Chairman Mr. Lennon moved the adoption of the foregoing resolution, The motion was supported by Mr. Daly. On roll call the re eution was adopted by the following vote: AYES: Sire:.-p, Szabo, Wilcox, Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Gabler, Hamlin, Harrison, Horton, eoughten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson. (26) NAYS: None. (0) 244 Commissioners Minutes Continued, September 16, 1971 Misc. 5812 By Mr. Daly IN RE: APPOINTMENT TO THE LAW ENFORCEMENT AND CRIMINAL JUSTICE PLANNING COUNCIL To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS there now exists a vacancy on the Law Enforcement and Criminal Justice Planning Council due to the retirement of member Herman Potts; and WHEREAS your Committee recommends that James Soule be appointed to the Law Enforcement and Criminal Justice Planning Council; NOW THEREFORE BE IT RESOLVED that James Soule be and he is hereby appointed to the Oakland County Law Enforcement and Criminal Justice Planning Council. The Committee on Organization, by Mr. Patrick K. Daly, Chairman, moves the adoption of the foregoing resolution. COMMITTEE ON ORGANIZATION Patrick K. Daly, Chairman Moved by Daly supported by Pernick the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. Misc. 5813 By Mr. Daly IN RE: PROPOSED CHANGE IN BY-LAWS OF MICHIGAN ASSOCIATION OF COUNTIES To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS your Committee received a referral of a resolution from Midland County requesting supportive action on a proposed change in the by-laws of the Michigan Association of Counties, and WHEREAS your Committee does not necessarily endorse the by-law revision but it does agree that the matter should be placed on the agenda of the Annual Meeting of the Michigan Association of Counties and so recommends to this Board; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners endorse submission of the proposal of Midland County to the next Annual Meeting of the Michigan Association of Counties in view of their request and desire for supportive action by other county boards to put the issue before that body. The Committee on Organization, by Mr. Patrick K. Daly, Chairman, moves the adoption of the foregoing resolution. COMMITTEE ON ORGANIZATION Patrick K. Daly, Chairman Moved by Daly supported by Lennon the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. REPORT By Mr. Szabo IN RE: REPORT ON MISCELLANEOUS RESOLUTION #5790-OPPOSITION TO ALLOCATION OF DIFFERENTIAL MILLAGE BY TAX ALLOCATION BOARD To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Your Committee has received and considered Resolution #5790, which resolution is in opposition to allocation of differential millage by the Tax Allocation Board. In a legal opinion rendered by the Corporation Counsel, it was advised that there is no action the Committee or the Board of Commissioners can take since they have no authority over the Tax Allocation Board other than to suggest that they not allocate such millage in the future. The opinion further stated that the question is in the courts at the present time and that is where it will have to be settled. Therefore, your Committee reports on Miscellaneous Resolution #5790 that, inasmuch as the matter of differential millage is under litigation in the courts, no action be taken at this time. The Equalization Committee, by Albert F. Szabo, Chairman, moves receiving and filing of the foregoing report. EQUALIZATION COMMITTEE Albert F. Szabo, Chairman "Misc. 5790 By Mrs. Dearborn IN RE: OPPOSITION TO ALLOCATION OF DIFFERENTIAL MILLAGE BY TAX ALLOCATION BOARD To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS Public Act 162 of the Public Acts of 1933, which allows an additional millage to be authorized by the Tax Allocation Board for School Boards to order to be spread in incorporated areas, is unjust and unreae2nable legislation, WHEREAS tne following letter has been received from the State Tax Commission regarding the appeal from the City of Birmingham from the final order of the County Tax Allocation Board of Oakland County: 245 Commissioners Minutes Continued. September 16, 1971 STATE OF MICHIGAN-DEPARTMENT OF TREASURY-STATE TAX COMMISSION August 12, 1971 Mr. William B. Saunders Mayor, City of Birmingham, Oakland County 151 Martin Street Birmingham, Michigan 48012 Dear Sir: On June 8, 1971 communication was received by the State Tax Commission from the City of Birming- ham appealing from the action of the Oakland County Tax Allocation Board specifically listing as a reason for the appeal, "The levy of additional taxes pursuant to Act 162 of 1933 is believed to be unlawful and unconstitutional. We understand that the Attorney General has so ruled and that Oakland County is the only County in the State which persists in this practice contrary to the Attorney General's advice." The State Tax Commission accepted the appeal for examination at a meeting on June 9, 1971 and the Commission requested the City of Birmingham and the County of Oakland to submit briefs. The Commission received a brief from the City of Birmingham on behalf of William B. Saunders and the City of Birmingham and also from the Oakland County Corporation Counsel. The briefs were submitted to the Assistant Attorney General of the State of Michigan, legal advisor to the State Tax Commission, and his report was submitted to the State Tax Commission at a meeting on August 9, 1971. The City of Birmingham and William B. Saunders, a taxpayer resident of the City of Birmingham alleges that the order of the Oakland County Tax Allocation Board entered on May 27, 1971 violates the uniformity provisions of Article IX, Section 3, Michigan Constitution of 1963, by providing a variable millage within the Birmingham School District. The order allocates 8.3 mills to that portion of Birming- ham District which lies outside the city limits (in Bloomfield Township, West Bloomfield Township and Southfield Township) and allocates 9.53 mills for the portion of the School District located within the City of Birmingham. It is stressed by appellants that this allocation directs a levy of school taxes within the same district which is 1.4 mills higher upon taxable property inside city limits than outside city boundaries. It also is convincingly urged that taxpayers in all parts of the School District receive an identical equivalence of school services and that the differential millage cannot be justified by any concentration of such services made available to city residents to the exclusion of school taxpayers residing in the townships. The Tax Commission entertains no doubt concerning the merits of the allocation appeal. Bluntly speaking, the allocation of differential millage by the Oakland County Tax Allocation Board is clearly illegal, an error of law, a trespass upon constitutional principles of tax uniformity and equal treatment of taxpayers, since there is no differential in the services offered. Yet, the protection and enforcement of constitutional rights have been entrusted to the honor and integrity of the courts. This Commission, while endowed with broad powers under the General Property Tax Law, cannot entertain this allocation appeal, regardless of its obvious merit. Under the General Property Tax Law, the Tax Commission may take any measures which "will secure the enforcement of the provisions of this act, to the end that all the properties of this state liable to assessment for taxation shall be placed upon the assessment rolls and assessed at that proportion of true cash value which the Legislature from time to time shall provide pursuant to the provisions of article 9, section 3 of the Constitution." The instant appeal, however, is not governed by the General Property Tax Law, i.e. No.206,P.A.1893. It is authorized by Section 17 of the Property Tax Limitation Act, being No. 62, P. A. 1933, and may be taken only by "any aggrieved local unit." Section 2 of the Property Tax Limitation Act defines "local unit" and specifically excepts "villages and cities for which there are provisions in their charters or general law fixing maximum limits on the power to levy taxes against property." The City of Birmingham is governed by a charter which contains a provision for the levy of property taxes (made mandatory by state law) up to a specified maximum limit. It consequently is not a "local unit" within the intendment of the Property Tax Limitation Act. In consequence, it has no authority to appeal the final order of the County Allocation Board. William B. Saunders, the individual taxpayer- appellant, suffers the same disability, or stated less elegantly, is in the same boat. Based on the foregoing, this Commission must deny acceptance of the appeal from the final order of the Oakland County Tax Allocation Board, although we realize that our denial to entertain the instant appeal, motivated not by choice but by legal compulsion, may lead to legal entanglement, taxpayers protests and a multiplicity of lawsuits for the refund of school taxes paid by city residents. You are, therefore, hereby advised that the Commission, at the meeting on August 9, 1971, dismissed the appeal from tfe final order of the County Tax Allocation Board of Oakland County. Very truly yours, Edward W. Kane, Secretary THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners opposes the allocation of differential millage by the Oakland County Tax Allocation Board. Mr. Chairman, I move the adoption of the foregoing resolution. Mary M. Dearborn, District #4" Moved by Szabo supported by Daly the report be received and filed. Discussion followed. Moved by Dearborn supported by Brennan the report be amended by deleting the words "receiving and filing of the foregoing report" and substituting the words "receiving the report and that this Board supports Resolutior! #5790". Discussion followed. 246 Commissioners Minutes Continued. September 16, 1971 Vote on amendment: A sufficient majority having voted therefor, the motion carried. Vote on report, as amended: AYES: Richards, Simson, Barakat, Brennan, Burley, Daly, Dearborn, Gabler, Hamlin, Harrison, Kasper, Lennon, Mainland, Perinoff, Powell. (15) NAYS: Richardson, Szabo, Wilcox, Aaron, Coy, Horton, Houghten, Mathews, Olson, Pernick. (10) A sufficient majority having voted therefor, the report, as amended, was adopted. REPORT By Mr. Brennan IN RE: REPORT ON RESOLUTION #5796-EMERGENCY WELFARE FUNDING REQUEST To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Your Committee wishes to report that it has received and considered referred Miscellaneous Resolution #5796, wherein it requests Oakland County Legislators in the Congress of the United States to sponsor legislation providing specific financial relief to Oakland County in the amount of $1,000,000 to cover county expenditures for welfare costs in excess of the 1970 level of expenditure. Your Committee recommends approval of Miscellaneous Resolution #5796 and requests that said resolution be referred to the Legislative Committee for consideration and report back to this Board. The Finance Committee, by James M, Brennan, Chairman, moves the adoption of the foregoing report. FINANCE COMMITTEE James M. Brennan, Chairman The Chairman referred Resolution #5796 to the Legislative Committee. Moved by Mathews supported by Harrison the resolution be referred to the Human Resources Committee also. Discussion followed. Mr. Olson voted 'no'. A sufficient majority having voted therefor, the motion carried. Vote on referral of Resolution #5796 to both Legislative Committee and Human Resources Committee: A sufficient majority having voted therefor, the referral was approved. REPORT By Mr. Brennan IN RE: RESOLUTION #5799-CIRCUIT JUDGES SALARIES To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Finance Committee reports Resolution #5799 without recommendation. FINANCE COMMITTEE James M. Brennan, Chairman "Misc. 5799 IN RE: CIRCUIT JUDGES SALARIES By Mr. Mainland To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Michigan Court of Appeals ruled, and the Michigan Supreme Court adopted that ruling, that the provisions of Act 252 of the Public Acts of 1966, which set a maximum limit on the combined State paid and County paid salaries of Circuit Court Judges, are in conflict with Article VI, Section 18 of the Michigan Constitution of 1963, which states that the salary of a Circuit Court Judge cannot be lowered during his term of office, and are unconstitutional, and WHEREAS the County's Corporation Counsel in his letter of August 16, 1971, has given the opinion that the case and decisions are directly applicable to the determination of the amount of the County portion of the salaries of the Judges of the Sixth Judicial Circuit (Oakland County), and WHEREAS effective January 1, 1967, in order to comply with the maximum salary established by Act 252, and to have the State continue to pay the largest amount possible, the County of Oakland lowered the Annual County Paid Salary of the Judges of the Sixth Judicial Circuit from $14,000.00 to $10,000.00, and WHEREAS the Corporation Counsel, in view of the decisions of the Appeals Court and the Supreme Court, has ruled that the $4,000.00 per year difference in these salaries is a legal financial obligation of the County of Oakland; NOW THEREFORE BE IT RESOLVED that the sum of $18,849.31 be paid to each of the following Judges: Clark J. Adams, William John Beer, Frederick C. Ziem, Arthur E. Moore, William R. Beasley, Farrell E. Roberts, Robert L. 7.-.,mplin and James S. Thorburn, in payment for the period from January 1, 1967 through September 17, 1971; chat $15,802.74 be paid to Judge Philip Pratt for the period from January 1, 1967 through December 13, 1970; and that $2,849.31 be paid to Judge William P. Hampton for the period from January I, 1971 through September 17, 1971; Commissioners Minutes Continued. September 16, 1971 247 BE IT FURTHER RESOLVED that the sum of $179,802.74 be appropriated to the salaries portion of the 1971 Circuit Court Budget for both the lump sum payment of the above mentioned past due portions of this obligation and for the payment of the County portion of the salaries of Circuit Court Judges at the rate of $14,000.00 per year for the period from September 17, 1971 through the remainder of 1971; BE IT FURTHER RESOLVED that the Board of Auditors are hereby directed to initiate and approve these payments. The Personnel Practices Committee, by Mr. William L. Mainland, Chairman, moves the adoption of the foregoing resolution. PERSONNEL PRACTICES COMMITTEE William L. Mainland, Chairman" Mr. Perinoff gave notice that, at the next meeting of the Board on October 7, 1971, he will make a motion to discharge the Finance Committee from further consideration of Resolution #5799, Circuit Judges Salaries. Discussion followed relative to whether or not the Notice to Discharge the Committee is in order. The Chairman ruled that the Notice is in order and proper. Mr. Powell appealed the ruling of the Chair. Supported by Mrs. Dearborn. The Chairman stated that those in favor of sustaining the decision of the Chair, say "Yes" and those opposed, say "No". The vote was as follows: AYES: Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan, Burley, Coy, Daly, Hamlin, Harrison, Horton, Houghten, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards. (21) NAYS: Dearborn, Powell. (2) A sufficient majority having voted in favor of sustaining the decision of the Chair, the decision of the Chair was sustained. Discussion followed.regarding the Finance Committee Report. The Chairman ruled that the Finance Committee Report was not properly before the Board. Moved by Powell supported by Kasper the rules be suspended for immediate consideration of Resolution #5799. AYES: Wilcox, Aaron, Burley, Dearborn, Hamlin, Horton, Houghten, Kasper, Mainland, Patnales, Perinoff, Powell, Richards, Richardson. (14) NAYS: Simson, Szabo, Barakat, Brennan, Coy, Daly, Harrison, Lennon, Mathews, Olson, Pernick.(11) A sufficient majority not having voted therefor, the motion lost. Discussion followed. Moved by Pernick supported by Harrison the report be received and placed on file. Discussion followed. AYES: Szabo, Aaron, Barakat, Brennan, Coy, Daly, Hamlin, Harrison, Houghten, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Simson. (17) NAYS: Burley, Dearborn, Horton, Kasper, Patnales, Powell. (6) Misc. 5814 By Mr. Mainland IN RE: DEPARTMENTAL NAME CHANGE OF CORPORATION COUNSEL'S OFFICE To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution #1910 adopted on January 5, 1942 by the Oakland County Board of Supervisors, there was established a County department known as "Oakland County Corporation Counsel Department", and WHEREAS the present incumbent Corporation Counsel has requested that the department name be changed to "Oakland County Civil Counsel Department"; NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby changes the name of the Oakland County Corporation Counsel Department" to be now known as the "Oakland County Civil Counsel Department". The Personnel Practices Committee, by Mr. William L. Mainland, Chairman, moves the adoption of the foregoing resolution. PERSONNEL PRACTICES COMMITTEE William L. Mainland, Chairman Moved by Mainland supported by Olson the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted. 248 Commissioners Minutes Continued. September 16, 1971 REPORT By Mr. Mainland IN RE: TWO ADDITIONAL STUDENT POSITIONS-TREASURER'S OFFICE-RESOLUTION #5801 To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Mr. Mainland, Chairman of the Personnel Practices Committee, reports Miscellaneous Resolution #580I with the recommendation the resolution be adopted. "Misc. 5801 By Mr. Mainland IN RE: TWO ADDITIONAL STUDENT POSITIONS-TREASURER'S OFFICE To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the Oakland County Treasurer's Office now has two "Student" positions and finds it has work for two more on an immediate basis, and WHEREAS students work four hours per day during the school year and eight hours per day in the summer with an annual salary cost of $2,400 each, and the cost for the remainder of 1971 would be $560.00 each or $1,120.00 for two, and WHEREAS the request is being made now because this is the time when students are available for full year commitment; NOW THEREFORE BE IT RESOLVED that the Personnel Practices Committee recommends that two additional "Student" positions be granted to the Oakland County Treasurer's Office with immediate effect. The Personnel Practices Committee, by Mr. William L. Mainland, Chairman, moves the adoption of the foregoing resolution. PERSONNEL PRACTICES COMMITTEE William L. Mainland, Chairman"' REPORT BY FINANCE COMMITTEE IN RE: ADDITIONAL STUDENT POSITIONS-TREASURER'S OFFICE-RESOLUTION #5801 To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule Xl-c, of this Board, the Finance Committee finds the sum of $1,120.00 available, such funds - to benerived from the Contingency fund. FINANCE COMMITTEE James M. Brennan, Chairman Moved by Mainland supported by Szabo that Resolution #5801 be adopted. A sufficient majority having voted therefor, the resolution was adopted. Mr. Mainland presented a report on the Federal Emergency Employment Program. REPORT By Mr. Aaron IN RE: RESOLUTION #5752-KATHRYN RADTKE REWARD To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Public Protection and Judiciary Committee has reviewed and recommends adoption of Miscellaneous Resolution #5752. PUBLIC PROTECTION AND JUDICIARY COMMITTEE Dennis M, Aaron, Chairman "Misc. 5752 By Mr. Coy IN RE: KATHRYN RADTKE REWARD To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution No. 5719, dated May 20, 1971, the Oakland County Board cif - Commissioners offered a reward in an amount not to exceed $1,000.00 for information leading to the arrest and conviction of the murderer of Kathryn L. Radtke, and WHEREAS said Miscellaneous Resolution No. 5719 should be amended to provide that the Oakland County Board of Auditors shall be the sole judge as to whom shall be entitled to the reward, NOW THEREFORE BE IT RESOLVED that Miscellaneous Resolution No. 5719, dated May 20, 1971, be and is hereby amended to provide that the Oakland County Board of Auditors shall be the sole judge of any dispute arising over the reward offered and of the person or persons, if any, entitled to share therein, and its decision on any point connected with the reward will be final and conclusive; further a public officer who performs the services specified in the reward offer as a part of his duties cannot claim or enforce payment of the reward. Mr. Chairman, 1 move the adoption of the foregoing resolution. Lew L. Coy" Moved by Aaron supported by Coy that Resolution #5752 be adopted. A sufficient majority having voted therefor, the resolution was adopted. Commissioners Minutes Continued. September 16, 1971 249 REPORT By Mr. Harrison IN RE: SCHOOL BUSSING IN CITY OF PONTIAC - RESOLUTION #5807 To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Public Protection and Judiciary Committee has reviewed and recommends adoption of Resolution #5807 with the deletion of the words "respectful and" in the last sentence of the second paragraph, which would then make that paragraph read as follows: "THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners encourage all citizens of the City and all citizens of the school district of the City of Pontiac to comply with the court order in a peaceful manner." PUBLIC PROTECTION AND JUDICIARY COMMITTEE Dennis M. Aaron, Chairman "Misc. 5807 By Charlie J. Harrison, Jr. IN RE: SCHOOL BUSSING IN THE CITY OF PONTIAC To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the school district of the City of Pontiac has been ordered by the Federal Court to obtain a racial balance in their schools, and WHEREAS the School District of the City of Pontiac is attempting to use bussing to comply with this court order, and WHEREAS the safety and educational well being of all citizens of Oakland County is our concern and responsibility, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners encourage all citizens of the School District of the City of Pontiac to comply with the court order in a respectful and peaceful manner; BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urge all elected and public officials to refrain from advocating that the citizens should disobey the law; BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners commend the School District and the Pontiac City Commission and the citizens of Pontiac in their efforts to achieve quality and equal educational opportunities for all of its children and encourage the "Let's Make It Work" spirit. Mr. Chairman, I move the adoption of the foregoing resolution. Charlie J. Harrison, Jr. Commissioner, District #21" Moved by Harrison supported by Mathews that Resolution #5807, as amended, be adopted. Discussion followed. Moved by Powell supported by Coy the resolution be laid on the table. AYES: Burley, Coy, Hamlin, Kasper, Patnales, Powell, Simson, Szabo. (8) NAYS: Wilcox, Aaron, Barakat, Brennan, Daly, Dearborn, Harrison, Horton, Lennon, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Richardson. (16) A sufficient majority not having voted therefor, the motion lost. Discussion followed. Mr. Harrison moved the previous question. Seconded by Mr. Lennon. AYES: Barakat, Harrison, Lennon, Mainland, Mathews, Perinoff, Pernick, Aaron. (8) NAYS: Brennan, Burley, Coy, Daly, Dearborn, Hamlin, Horton, Houghten, Kasper, Olson, Patnales, Powell, Richards, Richardson, Simson, Szabo, Wilcox. (17) A sufficient majority not having voted therefor, the motion lost. Discussion followed. Vote on Resolution #5807, as amended: A sufficient majority having voted therefor, the resolution, as amended, was adopted. Misc. 5815 By Mr. Brennan IN RE: CIRCUIT JUDGES SALARIES To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: WHEREAS the judges of the Sixth Judicial Circuit have filed claim against the County of Oakland for additional salary funds not authorized by the elected officials of the County, and WHEREAS such claim is based upon the alleged violation of Article VI, Section 18, of the Michigan Constitution of 1963, which prohibits the lowering of a judge's salary during his term of office, and WHEREAS the officials of the County of Oakland have never decreased the total compensation paid to the Circuit Judges, and 250 Commissioners Minutes Continued. September 16, 1971 WHEREAS the opinion of the Oakland County Corporation Counsel in regard to the legality of this claim is based primarily upon the decision rendered by the Michigan Court of Appeals in the case of the Circuit Judges of the 16th Judicial Circuit vs. Allison M. Green, Treasurer of the State of Michigan, the circumstances of which are totally different from those in Oakland County, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, the duly elected representatives of the citizens of Oakland County, do not recognize the validity of the claim of the Judges of the Sixth Judicial Circuit and advise the Board of Auditors to withhold payment of said claim and to take whatever legal action necessary to protect the interests of the taxpayers of Oakland County. Mr. Chairman, I move the adoption of the foregoing resolution. James M. Brennan County Commissioner, District #13 Moved by Brennan supported by Olson the rules be suspended for immediate consideration of the resolution. AYES: Brennan, Burley, Daly, Lennon, Olson, Szabo. (6) NAYS: Coy, Harrison, Houghten, Kasper, Mainland, Mathews, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Wilcox, Aaron, Barakat. (16) A sufficient majority not having voted therefor, the motion lost. Discussion followed. Moved by Brennan supported by Pernick the resolution be referred to the Finance Committee. Moved by Mathews supported by Simson the motion be amended to refer the resolution to the Public Protection and Judiciary Committee also. Discussion followed. Moved by Burley supported by Kasper the Board recess for fifteen minutes. AYES: Burley, Houghten, Kasper, Lennon, Patnales, Powell. (6) NAYS: Coy, Daly, Harrison, Mainland, Mathews, Olson, Perinoff, Pernick, Richards, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan, (15) A sufficient majority not having voted therefor, the motion lost. Discussion followed. Vote on amendment: A sufficient majority having voted therefor, the motion carried. Discussion followed. Vote on amendment, as amended: AYES: Coy, Mathews, Pernick, Simson, Szabo, Barakat, Brennan. (7) NAYS: Daly, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Patnales, Perinoff, Powell, Richards, Aaron, Burley. (13) ABSTAIN: Olson. (1) A sufficient majority not having voted therefor, the motion lost. The Chairman referred the resolution to the Public Protection and Judiciary Committee in accordance with Rule XI. B. Mr. Powell objected. The Chairman stated that those in favor of the decision of the Chair, say "Yes" and those opposed "No". The vote was as follows: AYES: Daly NAYS: Coy The roll call was interrupted. A new roll call was ordered. AYES: Daly NAYS: Coy The roll Lail was interrupted. A new roll call was ordered. Commissioners Minutes Continued. September 16, 1971 251 . AYES: Daly, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Simson, Szabo, Aaron, Barakat, Brennan, Burley. (20) NAYS: Coy. (1) A sufficient majority having voted therefor, the decision of the Chair was sustained. Moved by Pernick supported by Olson that, pursuant to Section 12 of Act 261 of the Public Acts of 1966, as amended, James A. Doyon be appointed to fill the vacancy created by the resignation of Charles B. Edwards, Jr. from the Board of Commissioners, for the unexpired term of office, which term ends December 31, 1972. The Chairman asked if there were other nominations. There were no other nominations. Discussion followed. AYES: Daly, Harrison, Horton, Houghten, Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Brennan, Burley, Coy. (23) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. Mr. Doyon was introduced to the members of the Board. Moved by Perinoff supported by Aaron the Board adjourn until October 7, 1971 at 9:30 A. M. A sufficient majority having voted therefor, the motion carried. The Board adjourned at 12:25 P. M. Lynn D. Allen William M. Richards Clerk Chairman