Attorney says township resident on committee is illegal

Frustration over an unexpected opinion by the village attorney stalled an attempt on Oct. 14 to move Lake Orion’s Parks and Recreation Committee back into action.
Some kind of village council effort on okaying proposed bylaws for the committee had been expected to take place last Tuesday night. The parks committee has been unable to meet officially since it was reactivated this summer.
Council members had asked bylaws and procedures be adopted before the committee met.
Several committee members and council members got together, drafted a set of bylaws and sent them on to Gary Dovre, village attorney.
Dovre said that having a township resident on the committee was in violation of the village charter. Dovre was agreeing with an 1996 opinion made by former village attorney Tom McKenney that any person holding an elected office or appointed office must be of legal age and a resident of the village.
Jerry Richards, a resident of Orion Township, has been active on the committee for several years.
Dovre suggested the committee might include two non-voting member with a demonstrated interest in village parks and activities.
He also made some changes in the bylaws that committee chairperson Lisa Simpkins wasn’t happy with.
“A lot of time and effort was put into this. A lot of our ideas have been taken away. Parks and rec is supposed to be for the citizens,” she added.
Councilman Tom Albert agreed with Simpkins. “I thought it was just for review, not a rewrite. I don’t agree with his opinion.
“I feel a township resident should be on the committee. The township puts money into our park through DDA captured funds.
“I don’t know why a non-voting member would want to be on that committee. I would rather go with the bylaws made by the committee,” he said.
Richards believes he has brought special skills to the committee. “I’m a structured individual. When I came on I found there was no accountability. I helped out a lot. I put a lot of hours into this.
“I feel my position provides a bridge between the village and the township. But no one wants to be in an arena where they aren’t wanted,” he added.
Councilman Harry Stephen suggested, instead of a committee, have an unorganized group (Friends of the Parks).
“Lots of people have an interest in our parks — Lions, churches, schools, any one in the universe. Have them bring us ideas. This would get us out of this politically charged arena,” he added.
“I agree somewhat with Harry. I don’t see why anyone couldn’t have input,” councilman Bob Hollenbeck said. “I don’t know why we’re having this problem.”
Simpkins said she liked Stephen’s idea, “but it wouldn’t work.” “We’ve dumped a lot of money into a master plan. Who would follow that?
“Our object is to move forward. Things need to get done. Now we’re going to get delayed again,” she added.
Attorney John Martin, who was sitting in for the absent Dovre, pointed out to the council that Dovre did mention in a memo that further action on the bylaws might be necessary.
A motion to accept the proposed draft of bylaws except for Dovre’s suggestion of removing the township resident voting position failed by a 3-3 vote.
The draft will be sent back to Dovre for more work and committee input and should be on the council’s agenda on Oct. 27.

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