HomeMy WebLinkAboutPLANNING MINUTES 1962-08-28 3552
MINUTES OF THE PUBLIC HEARING AND THE
142ND REGULAR MEETING OF THE CITY
PLANNING COMMISSION OF THE CITY OF
11[: LIVONIA
On Tuesday, August 28, 1962 the City Planning Commission of the City of Livonia held
a public hearing and the 142nd Regular Meeting at the Livonia City Hall, 33001 Five
Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the Public
Hearing to order at *proximately 8:20 p.m.
Members present: Dennis Anderson, Leonard K. Kane, James Watson, Jr. , Robert
L. Greene, James Cameron, Donald Schubeck, Milton Ingold,
W. E. Okerstrom, Charles W. Walker and Edward Milligan.
Members absent : Robert L. Angevine
Mr. David R. McCullough, City Planner, Mr. Alan Walt, City Attorney and Mr. Charles
Forrest, Assistant City Attorney were present along with approximately 200 persons
in the audience.
Mr. Charles Walker, Chairman, asked Mr. Walt if he had a statement he would like to
make to the Planning Commission?
Mr. Walt stated he wished to make the same statement he had made at the last Planning
Commission meeting held on Tuesday, August 21, 1962. Additionally, he has forwarded
a letter to Mr. Walker with copies to the other members in which he has recapitulated
the legal opinion that was given to the Commission last Tuesday. It also contained
ILthe legal opinion of the Attorney General. This opinion was that the Mayor can
appoint immbers to the Planning Commission subject to the approval of the City Council.
Such appointments were made. Mr. Walt continued by stating the City Attorney is the
only legal advisor to the Planning Commission and while he could be wrong the legal
opinionsubmitted is not subject to challenge by the Commission, but it is subject
to challenge. If the gentlemen in question feel they are entitled to remain as
members and he is wrong. in his opinion these gentlemen are free to challenge these
opinions in Court. It was his opinion that Mr. Kane and Mr. Greene do not have the
right to sit and that there would be a question of legality of any proceedings if
they do decide to remain. He concluded by stating that the Planning Commission cannot
go elsewhere for legal advise except the City Attorney's office. He felt that the
Planning Commission members were bound by their oath to accept the opinion of the
City Attorney's office just as the City Attorney is bound by oath to act as legal
advisor to the Planning Commission.
There was a brief discussion after which Mr. Walker stated he would like to bring
up to date as to what has transpired in the way of communication from different
departments involved in this matter.
He stated there is now on file with this Commission the following items:
(a) Copy of letter from the City Clerk to Mayor Moelke, dated
August 20, 1962 pertaining to the alleged appointment of James
A. .Cameron, Donald J. Schubeck and Milton E. Ingold as members
of this Commission;
1:: (b) Copy of City Attorney's letter of August 20, 1962 to the
City Clerk, pertaining to such alleged appointments; and
(c) Copy of City Clerk's letter of August 23, 1962 pertaining
to said alleged appointments and addressed to the City Attorney.
IL: 3553
Mr. Walker continued by stating that there appears to be nothing on file with this
Commission showing that the City Council has approved the alleged new appointments
and that the City Clerk has duly administered the usual oath of office to the
alleged new apppintees. He further stated that at the Planning Commission meeting
held on Tuesday, August 21, 1962 he, as Chairman, promised to go before the City.
Council to appeal for a solution to the serious dispute as to who is on first. He
stated that the City Council wanted this matter presented to more councilmen and at
that time there were three who were out of town. He concluded by stating this was
a full and up to date report to the Commission on this serious disputeof validity
of commission members.
Mr. Milligan asked to see the copies of the letters mentioned by Mr. Walker.
Mr. Okerstrom made the following motion:
#8-178-62 RESOLVED that, the City Planning Commission does hereby adjourn
the Public Hearing and the 142nd Regular Meeting for Tuesday,
August 28, 1962 in view of the comments made before the Commission
and the differences between the different departments and the number
of Commissioners present for tonight's meeting.
Mr. Watson supported Mr. Okerstrom's motion to adjourn the public hearing and Regular
Meeting.
1[0 Mr. Walt stated thcse members of the Commission who were undisputed members were
the only members who should vote.
Mr. Walker asked those members who were in favor of adjourning the Public Hearing
and the Regular Meeting to raise their hands. The following members raised their
hands: Mr. Dennis Anderson, Mr. James Watson, Jr. , Mr. James Cameron, Mr. W. E.
Okerstrom and Mr. Charles W. Walker.
Mr. Walker declared the motion is carried and the Public Hearing and 142nd Regular
Meeting was adjourned at approximately 9:00 P.M.
CITY PLANNING COMMISSION
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. E. Okerstrom, Secretary( a
ATTESTED:
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Char es W. Walker, Chairman