HomeMy WebLinkAboutMinutes - 1996.10.17 - 8218
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OAKLAND COUNTY
BOARD OF COMMISSIONERS
MINUTES
October 17, 1996
Meeting called to order by Chairperson John McCulloch at 10:30 A.M. in the
Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf. (24)
ABSENT: Moffitt (with notice).
Quorum present.
Invocation given by Commissioner Palmer.
Pledge of Allegiance to the Flag.
Chairperson McCulloch announced the meeting is being held for the purpose
of discussing Miscellaneous Resolution #96225, 1996 COUNTY GENERAL FUND PROPERTY
TAX AND PARKS AND RECREATION TAX RATES, which appears on the agenda.
Mary McMaster and Robert Daddow addressed the Board.
MISCELLANEOUS RESOLUTION #96225
BY: Finance and Personnel Committee, Sue Ann Douglas, Chairperson
IN RE: 1996 COUNTY GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX RATES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County has a fixed millage rate of 5.26 mills and a voted
.25 mill for Parks and Recreation; and
WHEREAS the Huron-Clinton Metro Parks Authority has requested the County to
apportion a .25 mill property tax rate; and
WHEREAS Michigan Law (MCL 211.34d(16) permanently reduced the County's
Maximum Allowable Tax Rate to the 1994 "Headlee" rollback (Article 9, Section 31
of the Michigan Constitution) tax rate of 4.4805 mills, a Parks and Recreation
maximum allowable tax rate of .2439 mill and a Huron-Clinton Authority maximum
allowable tax rate of .2236 mill; and
WHEREAS Public Act 5 of 1982, "Truth in Taxation" Act, requires the County
Board of Commissioners to hold a public hearing if the recommended property tax
rate exceeds the adjusted Base Tax Rate of 4.3023 mills; and
WHEREAS the County Executive recommends that the County tax rate be set at
4.3805 mills, 1/10th (.1) mill less than the Maximum Allowable Tax Levy as
constrained by State law, equivalent to a total tax reduction of $3.4 million;
and
WHEREAS the Finance Committee recommends that the 1997 County General Fund
Commissioners Minutes Continued. October 17, 1996
382
Property Tax rate be set at 4.3805 mills, 1/10th (.1) mill below the maximum
allowable tax rate; the Oakland County Parks and Recreation Tax rate be set at
.2439 mill, the maximum allowable tax rate; and the Huron-Clinton Metro Park
Authority Tax rate be set at .2236 mill, the maximum allowable tax rate; and
WHEREAS $150,221,153 is the estimated amount of the 1997 County General
Fund Budget to be raised by taxation based on the 1996 Taxable Value of all
property located in Oakland County ($34,293,152,087) at the recommended rate of
4.3805 mills, together with the voted .2439 mill for Parks and Recreation of
$8,364,100 and the .2236 mill for the Huron-Clinton Authority of $7,667,949.
NOW THEREFORE BE IT RESOLVED that each Supervisor of the various townships
and Assessing Officers of the several cities of Oakland County are authorized and
directed to spread on their respective township or city tax rolls for the year
1996 the following tax rates to be applied to the 1996 Taxable Value of all
property located within their respective jurisdictions:
1996 County Voted for Huron-Clinton
General Property Tax Levy Parks and Recreation Park Authority
4.3805 Mills .2439 Mill .2236 Mill
Chairperson, on behalf of the Finance and Personnel Committee, I move
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
Action taken at October 10, 1996 Board meeting
Moved by Douglas supported by Garfield the resolution be adopted.
Moved by Kingzett supported by Holbert the resolution be amended by
changing the 1996 County General Property Tax Levy rate to be the same as the
truth in taxation rate - 4.3023 mills.
Discussion followed.
Vote on amendment:
AYES: Devine, Holbert, Jacobs, Kaczmar, Kingzett, Law, McPherson, Moffitt,
Obrecht, Pernick, Powers, Quarles, Wolf. (13)
NAYS: Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, McCulloch,
Palmer, Schmid, Taub, Amos, Crake. (12)
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Commissioner Palmer questioned whether the vote required a super majority.
Chairperson McCulloch stated that the amendment to lower the millage rate
carried. Taking funds from the Millage Reduction Stabilization Fund to support
the tax cut requires a two-thirds (2/3) vote, 28 day notice.
Discussion followed.
Kingzett called for the question.
Vote on resolution, as amended:
AYES: Douglas, Garfield, Holbert, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers,
Quarles, Schmid, Taub, Wolf, Devine. (21)
NAYS: Dingeldey, Huntoon, Amos, Crake. (4)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
Action taken at the October 17, 1996 Board meeting
Commissioners Minutes Continued. October 17, 1996
383
Moved by Palmer supported by Schmid Miscellaneous Resolution #96225, 1996
COUNTY GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX RATES be amended by
striking the 4.3023 mills taxation rate in the NOW THEREFORE BE IT RESOLVED
paragraph, voted upon at the October 10, 1996 Board meeting, and inserting
4.3805 mills.
Commissioner Pernick questioned Commissioner Palmer=s motion to Aamend@
Resolution #96225, rather than a motion to Areconsider@ the resolution.
Chairperson McCulloch asked for Corporation Counsel=s opinion on the
motion.
Gerald Poisson, Corporation Counsel quoted from Roberts Rules,
Section #34, which allows amendment of a previously adopted resolution.
Chairperson McCulloch upheld the decision to amend Miscellaneous
Resolution #96225.
Moved by Pernick supported by McPherson to appeal the Chairperson=s
decision to Aamend@ rather than Areconsider@ Miscellaneous Resolution #96225.
Chairperson McCulloch stated a AYES@ vote will sustain the rule of the
chair; a ANO@ will not.
Vote on appeal:
AYES: Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen,
Johnson, Kingzett, McCulloch, Obrecht, Palmer, Powers, Schmid, Taub, Wolf. (17)
NAYS: Holbert, Jacobs, Kaczmar, Law, McPherson, Pernick, Quarles. (7)
A sufficient majority not having voted therefor, the appeal failed and the
rule of the chair upheld.
Commissioner Kingzett questioned whether the amendment would require a two-
thirds (2/3) vote.
Chairperson McCulloch requested a response to the matter from Corporation
Counsel.
Gerald Poisson, Corporation Counsel quoted Roberts Rules, Section #34, in
response to Commissioner Kingzett=s question.
County Executive, L. Brooks Patterson addressed the Board in regards to the
recommended property tax reduction and issues facing the County.
Moved by Palmer supported by Schmid to move the previous question.
Discussion followed.
Chairperson McCulloch called the question, stating a AYES@ vote will bring
the question before the Board; a ANO@ will not.
Discussion followed.
Vote to call question:
AYES: Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen,
Johnson, McCulloch, Palmer, Powers, Schmid, Taub, Wolf, Amos. (15)
NAYS: Holbert, Jacobs, Kaczmar, Kingzett, Law, McPherson, Obrecht,
Pernick, Quarles. (9)
A sufficient majority having voted therefor, the motion to call the
question before the Board carried.
Discussion followed.
Moved by Law supported by Obrecht to amend Commissioner Palmer=s amendment
Commissioners Minutes Continued. October 17, 1996
384
by reducing the tax rate to 4.3023 mills with seven-tenths (7/10ths) of 1 mill to
come from the Millage Reduction Fund for 1996 only and to further set the 1997
tax rate at 4.4805 mills.
Chairperson McCulloch ruled Commissioner Law=s amendment out of order.
Discussion followed.
Chairperson McCulloch stated a AYES@ vote would adjust the 1996 COUNTY
GENERAL FUND PROPERTY TAX AND PARKS AND RECREATION TAX RATE to 4.3805 mills; a
ANO@ vote would keep the tax rate at 4.3023 mills, as previously adopted at the
October 10, 1996 Board meeting.
Vote on amendment:
AYES: Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson,
McCulloch, Palmer, Powers, Schmid, Taub, Wolf, Amos, Crake. (15)
NAYS: Holbert, Jacobs, Kaczmar, Kingzett, Law, McPherson, Obrecht,
Pernick, Quarles. (9)
A sufficient majority having voted therefor, the motion to amend
Miscellaneous Resolution #96225 carried.
MISCELLANEOUS RESOLUTION #96237
BY: Commissioners Thomas A. Law, Jeff Kingzett, Lawrence A. Obrecht
IN RE: AMENDMENT TO MISCELLANEOUS RESOLUTION #95265, CREATION OF MILLAGE
REDUCTION AND STABILIZATION FUND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County=s financial statements show that the County
maintains more than 160 separate funds for purposes large and small; and
WHEREAS these funds are established to account for earmarked or dedicated
revenue; and
WHEREAS from time to time permanent cost savings are realized by cutting
expenditures or increasing efficiencies; and
WHEREAS unless those permanent cost savings are used to reduce Oakland
County=s millage rate, the benefit of such savings are not apparent to the
taxpayers; and
WHEREAS by adoption of Miscellaneous Resolution #95265, the Board of
Commissioners created an account for excess revenues dedicated to relieving the
tax burden on Oakland County residents and businesses; and
WHEREAS Miscellaneous Resolution #95265 currently states:
NOW THEREFORE BE IT RESOLVED that the 1996 General Appropriations Act
be amended by adding the following:
ABE IT FURTHER RESOLVED that a Millage Reduction and Stabilization
Fund (Fund) be created for the primary purpose of reducing the
County=s millage rate. Resources shall be placed in the Fund by
action of the Board of Commissioners and may be appropriated from
this Fund only if the following two conditions are met:
1. The appropriation is made by resolution adopted by a 2/3
vote of the members elected and serving on the Oakland
County Board of Commissioners.
2. Such an appropriation resolution can only be adopted
following a 28-day notice and Public Hearing.@
NOW THEREFORE BE IT RESOLVED that Miscellaneous Resolution #95265 be
amended to read in the first BE IT FURTHER RESOLVED: (new language in bold
script)
BE IT FURTHER RESOLVED that a Millage Reduction and Stabilization
Fund (Fund) be created for the primary purpose of reducing the
County=s millage rate. Resources shall be placed in the Fund by
action of the Board of Commissioners and may be appropriated from
this Fund only if the following two conditions are met:
1. The appropriation from this fund for any use other than
millage reduction is made by resolution adopted by a 2/3
vote of the members elected and serving on the Oakland
County Board of Commissioners. 2.and such an
Commissioners Minutes Continued. October 17, 1996
385
appropriation resolution can only be adopted following a
28-day notice and Public Hearing.
2. The appropriation from this fund for the purpose of
providing a millage rate reduction is made by resolution
adopted by a majority vote of the members elected and
serving on the Oakland County Board of Commissioners.
Chairperson, we move the adoption of the foregoing resolution.
Thomas A. Law, Jeff Kingzett,
Lawrence A. Obrecht
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
Commissioner Law stated, in accordance with the Board of Commissioners
rules, I give notice to discharge Miscellaneous Resolution #96237, AMENDMENT TO
MISCELLANEOUS RESOLUTION #95265, CREATION OF MILLAGE REDUCTION AND STABILIZATION
FUND out of the Finance and Personnel Committee.
The meeting adjourned at 11:37 A.M. to the call of the Chair or
October 24, 1996 at 9:30 A.M.
LYNN D. ALLEN JOHN McCULLOCH
Clerk Chairperson