HomeMy WebLinkAboutResolutions - 2011.08.31 - 18684MISCELLANEOUS RESOLUTION J, 180 August 18 2 2011
BY: GENERAL GOVERNMENT COMMTTEE, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES - HOMELAND
SECURITY DIVISION — OUTDOOR WARNING SYSTEM EXPANSION — THE CITY
OF ROCHESTER
TO: THE OAK LAND COUNTY BOARD OF COMMISSIONERS
Ms. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution
No.'s 7865, 7971 7 and 8664 accepted federal grants to defray a portion of the costs in purchasing
sirens to be utilized within the Oakland County Outdoor Warning System; and
WHEREAS the County share of the costs will remain at twenty-five percent as has been
the policy previously established by the Board of Commissioners by various Miscellaneous
Resolutions, whereby local units pay seventy-five percent with the County being responsible for
the maintenance and electrical costs for the sirens purchased; and
WHEREAS the City of Rochester, has executed the attached Interlocal Agreement; and
WHEREAS the City of Rochester has agreed to pay seventy-five percent of the total
estimated cost of one siren; and
WHEREAS consistent with the attached Interlocal Agreement, the City of Rochester
agrees that Oakland County will retain ownership of the siren and will be responsible for the
maintenance and the electrical costs for said siren purchased under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Severe Weather Warning System Interlocal Agreement
with the City of Rochester and authorizes the Board Chairperson to execute the agreement on
behalf of Oakland County.
BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent
upon the execution of the attached written agreement between the County and The City of
Rochester.
CHAIRPERSON, on behalf of the General Government Committee, I move the adoption
of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Crawford and Hatchett absent.
THE CITY OF ROCHESTER
TORNADO SIREN
BUDGET SUMMARY
Purchase of one warning siren:
THE CITY OF ROCHESTER (75%) $17,250.00
OAKLAND COUNTY (25%) $ 5,750.00
TOTAL COST OF ONE SIREN: $23,000.00
Breakdown of siren costs:
$17,500.00 One Siren- Pole Mounted
Siren Model 2001 2-Way
Siren Controls
Batteries
Cable
Transformer, Rectifier
Decoder
Installation
Antenna
Battery Warmers
$ 5.500.00
Total $23,000.00 each
The above costs are based on quotes submitted by Federal Signal Corporation and West Shore Services.
0 TA 3
I I CC PY:
SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
CITY OF ROCHESTER
•
This Interlocal Agreement ("the Agreement") is made between Oakland County, a
Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan
48341 ("County"), and the City of Rochester, 400 Sixth Street, PO Box 10, Rochester,
Michigan 48308 ("Municipality"). In this Agreement, the County and the Municipality
may also be referred to individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA 7, filla 124.501 et seq., the County and the Municipality enter into this Agreement
for the purpose of adding the Municipality to the County's outdoor warning system.
In consideration of the mutual promises, obligations, representations, and assurances in
this Agreement, the Parties agree to the following:.
DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plural, within or without quotation
marks, or possessive or non-possessive, shall be defined, read, and interpreted
as follows.
1.1. Claim means any alleged loss, claim, complaint, demand for relief or
. damages, cause of action, proceeding, judgment, deficiency, liability,-
penalty, fine, litigation, costs, and/or expenses, including, but not limited to,
reimbursement for .reasonable attorney fees, witness fees, court costs,
investigation expenses, litigation expenses, and amounts paid in
settlement, which are imposed on, incurred by, or asserted against the
County, its employees or agents, whether such Claim is brought in law or
equity, tort, contract, or otherwise.
1.2. County means Oakland County, a Municipal and Constitutional
Corporation including, but not limited to, any and all of its departments,
divisions. the County Board of Commissioners, elected and appointed
officiais, directors, board members, council members, commissioners,
authorities, committees, employees, agents, subcontractors, volunteers,
and/or any such persons' successors.
1.3, Municipality means the City of Rochester.. a Constitutional Corporation
including, but not limited to, its Council, any and all of its departments, its
divisions, elected and appointed officials, directors, board members,
Page 1 of 6
councji members, commissioners, authorities, committees, employees,
agents, subcontractors, volunteers, and/or any such persons' successors.
2. COUNTY RESPONSIBILITIES, Subject to the terms and conditions contained in
this Agreement, and applicable changes in law, the County shall provide the
following:
2,1. Install one (1) siren within the Municipality at the location designated by
the Municipality.
2,1, Provide for maintenance of the siren.
2.1. Provide for electrical costs of the siren,
3. MUNICIPALITY'S RESPONSIBILITIES. Subject to the terms and conditions
contained in this Agreement, and applicable changes in law, the Municipality
shall provide the following:
3.1. Pay seventeen-thousand, two-hundred and fifty dollars ($17,250) for the
installation of the siren. Payment is to be made within thirty (30) days
after installation of the siren,
3.2. Provide operational status reporting during siren tests (March through
November) if requested.
3,3. Bear all costs associated with any siren relocation.
3.4. Municipality acknowledges that the County will retain ownership of the
siren.
3.5. If the Municipality, for any reason, fails to pay the County any monies
when duo under this Agreement, the Municipality agrees, unless expressly
prohibited by law, that the County or the County Treasurer, at their sole
option, shall be entitled to setoff from any other Municipality funds that are
in the County's possession, Funds include but are not limited to the
Delinquent Tax Revolving Fund ("DTRF"), Any setoff or retention of funds
by the County shall be deemed a voluntary assignment.of the amount by
the Municipality to the County. The Municipality waives any Claims
against the County for any acts related specifically to the County's
offsetting or retaining such amounts, This Section shall not limit the
Municipality's legal right to dispute whether the underlying amount
retained by the County was actually due and owing under this Agreement.
3.6. If the County cheeses not to exercise its right to setoff or it any setoff is
insufficient to fully pay the County any amounts due and owing, the
County shall have the right to charge up to the then-maximum legal
interest on any unpaid amount. Interest charges shall be in addition to
any other amounts due to the County under this Agreement. Interest
charges shall be calculate,d using the daily unpaid balance method and
accumulate until all outstanding amounts and accumulated interest are
fully paid.
Page 2 of 6
3.7. Nothing in this Section shall operate to limit the County's right to pursue or
exercise any other legal rights or remedies under this Agreement against
the Municipality to secure reimbursement of amounts due the County
under this Agreement. The remedies in this Section shall be available to
the County an an ongoing and successive, basis if the Municipality at any
time becomes delinquent in its payment. Notwithstanding any other term
and condition in this Agreement, if the County pursues any legal action in
any court to secure its payment under this Agreement, the Municipality
agrees to pay all costs and expenses, including attorney's fees and court
costs, incurred by the County in the collection of any amount owed by the
Municipality.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. The Agreement and any amendments hereto shall be effective when
executed by both Parties with resolutions passed by the governing bodies
of each Party, and when the Agreement is filed with the Clerk of each
County where the Parties are located. The Agreement shall be filed with
the Soorotary of State of the State of Michigan pursuant to MCL 124.510.
4,2. This Agreement shall remain in effect until cancelled or terminated by
either Party pursuant to Section 6.
5, ASSURANCES,
.5.1. Each Party shall he responsible for any Claim made against that Party by
a third party, and for the acts of its employees or agents arising under or
related to this Agreement.
5,2. Except as provided in Section 3.7, in any Claim that may arise under or
relate' to this Agreement, each Party shall seek its own legal
representation and bear the costs associated with such representation,
including any attorney fees.
Neither Party shall have any right under any legal principle to be
inde,mnitied by the other Party or any of its employees or agents in
connection with any Claim.
5.4. Except as otherwise expressly provided in this Agreement, neither Party
shall be liable to the other Party for any consequential, incidental, indirect,
or special damages of any kind in connection with this Agreement.
6. TERMINATION OR CANCELLATION OF AGREEMENT.
6.1. Either Party may terminate or cancel this Agreement for any reason upon
thirty (30) days notice before the effective date of termination or
cancellation. 7 -he effective date for termination or cancellation shall be
clearly stated id the notice.
6.2. The Pa shpil cot be obligated to pay a caricellation or termination fee,
if this Agreement is cancelled or terminated as provided herein.
tr,
Fags 3 of 6
7. SUSPENSION OF SERVICES. Upon notice to the Municipality, the County may
immediately suspend this Agreement or the Municipality's participation in the
outdoor wiarning system, if the Municipality has failed to reasonably comply,
within the County's discretion, with federal, state, or local law, or any
requirements contained in this Agreement. The right to suspend services is in
addition to the right to terminate or cancel this Agreement contained in Section 8.
The County shall incur no penalty, expense, or liability if services are suspended
under this Section.
8. NO THIRD PARTY BENEFICIARIES. Except as provided for The benefit of the
Parties, ((his Agreement does not and is not intended to create any obligation,
duty, promise, (contractuai right or benefit, right to indemnification, right to
subrogation, and/or any other right, in favor of any other person or Municipality.
9. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and
local statutes, ordinances, regulations, administrative rules, and requirements
applicable torts activities performed under this Agreement, including, but not
limited to, the policies, procedures, rules and regulations attached as Exhibits to
this Agreement, and properly promulgated amendments to those Exhibits.
10. DISCRIMINATION. The Parties shall not discriminate against their employees,
agents, applicants for employment, or another persons or entities with respect to
hire, tenure, terms, conditions, and privileges of employment, or any matter
directly or indirectly related to employment in violation of any federal, state or
locai
11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and
rhaintaining, throughout the term of this Agreement, all licenses, permits,
certificates, and governmental authorizations for its employees and/or agents
necessary to perform ail its obligations under this Agreement. Upon request, a
Party shall furnish copies of any permit, license, certificate or governmental
authorization to the requesting Party.
12. RESERVATION OF RIGHTS, This Agreement does not and is not intended to
Impair. divest, delegate, or contravene any constitutional, statutory, and/or other
legal right, privilege, power, obligation, duty, or immunity of the Parties,
13, FORCE MAJEURE. Each Party shall be excused horn any obligations under
This Agreement during the time and to the extent that a Party is prevented from
performing due to causes beyond such Party's control, including, but not limited
to, an act of Cal, war, acts of government (other than the Parties'), fire, strike,
labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable
notice shall be given to the affected Party of any such event.
DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate,
subcontract. anolor assign any obligations or rights under this Agreement without
the prior written consent of the ether Party. A delegation, :subcontract and/or
assignment made without the prior written consent of the other Party is void.
Pap- I of 6
15. NO IIVIPLIED WAIVER, Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this Agreement shad
constitute a waiver of those rights with regard to any existing or subsequent
breach of this Acireement. No waiver of any term, condition, or provision of this
Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision
of this Agreement. No waiver by either Party shall subsequently affect its right to
require strict performance of this Agreement.
16. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of
this Agreement to be illegal or invalid, then the term, or condition, shall be
deemed severed from this Agreement. All other terms, conditions, and
provisions of this Agreement shall remain in full force.
17. CAPTIONS. The section and subsection numbers, captions, and any index to
such sections and subsections contained in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive
meaning.
18, NOTICES. Notices given under this Agreement shall be in writing arid shall be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail postage prepaid, and addressed to the department listed below. Notice
will be deemed given on the date when one of the following first occur: (1) the
date of actual receipt; (2) the next business day when notice is sent express
delivery service or personal delivery; or (3) three days after mailing first class or
certified U.S. mail.
18.1 if Notice is sent to the County, it shall be addressed and sent to; Oakland
County Homeland Security Division, 1200 N. Telegraph, County Service
Center, Pontiac, MI 48341 and Chairperson of the Oakland County Board
of Commissioners, 1200 North Telegraph, Building 12 East, Pontiac,
Michigan 48341.
18.2 If Notice is sent to the Municipality, it shall be addressed to; The Chief
Elected Official of the Municipality at the address listed on the first page of
this Agreement.
18.3 Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
19. GOVERNING LAW/CONSENT TO JURISDICTION. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan, Except
as otherwise required by law or court rule, any action brought to enforce,
interprE.-tt, or decide any Claim arising under or related to this Agreement shall be
brought in the Sixth Judicial Circuit Court of the State of Michigan, the Fifth
District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the abplicable
jurisdiction of the court.
20. AGREEMENT MONFACATIONS OR AMENDMENTS. Any modifications,
amendments, recissions, waivers, or releases to this Agreement must he in
Page 3 of 6
At,
Date
Date
writing and agreed to by both Parties. Unless otherwise agreed, the modification,
amendment, recission, waiver, or release shall be signed by the same persons
who signed the Agreement or other persons as authorized by the Parties'
governing body.
21. .ENTIRE AC3REEMENT This Agreement represents the entire. Agreement and
understanding between the Parties, This Agreement supercedes all other oral or
written Agreements between the Parties including previous siren purchase
agreements. The language of this Agreement shall be construed as a whole
according to its fair meaning, and not construed strictly for or against any Party.
The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein,
; •
Adthorized Agent of Municipality
Chairperson, Oakland County Board of
Commissioners
Page, 6 of 6
j 400 Sixth Street June 1.3, 2011 7:3 (1pm
CITY OF ROCHESTER
CITY COUNCIL
'REGULAR MEETING MINUTES
Mayor jeJltey Cathhertson
yor Pro-Tern Stuart 13ikson
Council Members: David Becker, Ben Glovanelii,
Kim Russell, Steve Sage & David ZCillefIS
A regulartv scheduled meeting of the Clbr Council for the City of Rochester was called to order at 7:30 pan,
en Monday, }ufle 13, 2011, b y Mayor I effrew Curkhertson, at 400 Sixth Street, Rochester, Michigan.
PRILSENT: Mayor leffrey Cuthbertson, Mayor Pro Tens SlItialt BlkS01:1, (.1101111C1iMertiben David BeckeJ:,
Ben C1iovanelli, Kind Russell and Steve sl•g.,'
ABSENT. Councilmember David Zetriens.
Mayor Cutltherrson led the Pledge of Allegiance.
Council considered approval of die Minutes of May 23, 2011.
Russell moved, Becker seconded to approve the Minutes of the meeting- held May 23, 2011. YES:
C sithbertson, Edison, Becker, Giovanelli, Russell and Sage. NO: None, ABSENT: Zemens. Motion
(jarricd.
Council considered 11 :terik on the consent Agenda. EllOVallelli tenuested item 5d be removed, Russell
requested items If and 5j be removed and Mayor Cuthbertson requested item 5b be removed. dile
remaining 7 items were approved -with one motion.
Glovanelli moved, Russell seconded to award the bid for rock salt ro 1 -)criroit Salt Company at a cost of
$46.51 fora total purchase of $40,928.00. YES: Cuth.bertson, Bikson, Becker, Giovanclli, Russell and Sage.
NO: None. ABSENT: /1(.11:11tilS. 1\101110.1.1 Carded.
CI loyal:it:11i 1110utlti, Russell Set:01 ..1(1(.1d. to ,,p,plove. the Special Er em Permit from the Downtown
Deveiopment Authority to hold. Sidewalk Sales on July 11 -- 'j 6, 2011. YES: Cuthbertson, Biksoh., Becker,
(1 iovaoeiii, Russell and Sage. NO: None, ABSENT ZeMenS. Motion Carried.
Giovanelli moved, Russell seconded to approve the. recuest from the Detroit Shriners to conduct their
annual Shari ers Hospital fursdraising at die intersection of Main S ukset and University Drive on jj rine 16 --
18, 2011. YES! Cudlbcrtson, Bikson, Becker, Giovailelli, Russell and Sage. NO: None. ABSENT:
Zemens. motion Carried.
City of Rccnester City Council
/1,15or.ing 010nclus
Out 1.3, 2011
Po,gu 2 (),1
Giovanelli moved, Russell seconded to approve the Special Event Permit from R.ochester Museum_ at
Von Hoos en Farm. for a Garden Walk Preview Party on Tune 15. 2011 from 7 — 9 p.m. on Ridg,eway.
Cuth.bertson, Bikson. Becker, Dim nejd. Russell :.1.tid Sage. NO: None. ..4,.BSENT: Zenacris. Motion
Cuiiird.
Giovanelli moved, Russell seconded to award the bid for painting the Fite Station at 2'771E2st Second Street
to Better Painting Company at a cost of $14;775.00 : YES: Cuthhertson, Bikson, Becker, Giovanelli, Russell
and Sage. NO: None. _ABSENT: Zemens, Motion Carried. •
Gicwanelli moved, Russell seconded a ppt:,ve the Special Event Pertnit from Friends of Camp Make A.-
Dream for a recreations c.7c1ing fundraise:- on Sunday, August 21 from 9:00 a.m. to 300 p.m. along the
Clinton River Trail, Paint Creek Trailwa'y and Paint Creek Walkway. YES: Cuthbertson, Bikson, Becker,
(1 iovonelli, Russell ;incl Sage. :NO: None. ABSENT: Zemens. Motion Carried.
Clioyancift :-.no'7eci, Russell seconded to approve the Special Event Pc wilt from Grid:ern:on hlospital for the
.1.iinual Breast Cancer Awareness Walk on October 5, 2011 alonr University Drive. YES: Cuthbertson,
Bikson, Becket.; Glovanelli., Russell and Sage. NO: None. ABSENT: amens. Motion Carried.
Council considered Consent Agenda item 51), a Special 'Event f\pplication from the .Downtown
IDevelopment _z\utliority for Movies in the :Moonlight events on july 2,16, 23 and 30, 2011.
Mayor Cutlabertson expressed concern with the planned showing or "True Grit" at the _J uly 23 evetit. T4c
would She to know from the I) D'S if the version of the movie is the most recent release, or the older one,
as the more recent release, in his opinion, may - lie too graphic for the young audience often atterlding this
event. Councilmember Sage will discuss the concern with the ERA at their meeting and report back.
Giovanelli moved, Bik.son seconded to approve the Special Event Permit from the )i)\ for Movies in the
"Acontight events on July 9, 16 and 30'201.1 and withhold approval ofiuly 23 until Councilmember Sage
reports back to Council. YES: Cuthbertson, Bikson,Becker, Ciovanelli, Russell and Sage. NO: None.
S ENT : Z em ens . Motion Carried.
Council considered Consent Agenda Item 5d, a t-_(.tquest to atify an Agreement with Detroit Edison for a
grant to hist:all two electric car clawing stations.
iovanelli noted the need for .,:kdayinistration to proceed with this Agreement prior to Council's ratification
and asked .Adrninistration clarif: Cation on die plans. Cit7 Manager Vettitain0 stated that the State of
it h;gin had approach the City offering the grant of $25,000 to install two electric cat charging-stations.
Il'hc locations ate stall benag deterrnined, but would he located h City or DIDA owned parking lots. Manager
Vettraino Ziso stated that Administration is still looking into how to charge patrons for the clectricit,T, and
ate reviewing a credit card sy,,-ipe reader.
Gievaneili mmmc, Klissell seconded to approve/ratify the Atrt:cement with Deftoit Edison for the
installation of two electric v de charging sLadons a L a Cost up tc) $25,000. \IIELS: Cuthbertson, Biksoia,
Bccker, Gio-yanelli, Russell and Sage. NO: None. ABSENT': '.7,emens. Motion Carried.
ri 1.311; glRochester City
:Wee 1,./1/20.
„haw 13, 20.11
Page 3 gf 7
Council considered Consent .Agenda Item 5f, a request from the Police Chief t.o purchase one police
motorcycle from the low bidder„ ABC Harley Davjdsor at a cost of 514,450.00.
Councihinember Rassell asked Police (Thief Schettenhchn why bids were sought for only a Ittarle,,,, Davidson
I rand MO tn CVC IC Chief Schettenhelm answered the training ii the Midwest is specific to that
n 0 fact:Lifer.
Giovanelli moved, Rtissell seconded to approve the request from the Police Chief to pill:GI -lase one police
motorcycle from use low bidder, .i\tB(.5 _Harley Davidson at a cost of $1/050.00. YES: Cuthbettson, won
"Becker, Giovanelli, Russell and Sage. NO: None. A B SENT: Remain. Motion Clarried.
Council considered Consent Agenda 'ten"? 5i, a Special Event application from Paint Creek Center for the
Arts For the annual Art and Apples Festival in the Municipal Park on September 9 —11, 2011.
Councilmeinber Rtussell asked Police Chief Sehettenhehr, about the noted itH.crease in costs for the event and
if that could be related to the Spotlights event on the same weekend. Chief Schettenhelm answered that the
costs are noted on both Special Event Permits as patrols overlap both events and the cost has been
consistent for the past few vears. costs were lower several years ago because they were being tracked
differently.
Russell moved, Sage seconded to approve the Special Event Permit from the Paint Creek Center for the
Arts to hold the annual Art and Apples Festival in the Municipal Park on September 9 —11, 2011. YES:
Cuthbertson, Bikson, Becker, Giovanelli, Russell and Sage. NO: None. ABSENT: Zernens. Motion
Carried.
Mr. Dan Kiefer of the Friends of the Clinton River Trail gave Cohncil a power point presentation updating „
Council on the group's activities.
in Oats, Rochester City Beautiful Commission, gave Council an update on the CBC25 activities.
P.vlayor Cuthberrson open.ed the meeting for Public Commient,
Steve Szoke, Stoney Creek Homeowners' Association, -thanked the City for its quick response to flooding
complaints durifig tel heavy storms. He asked if lids were an for the square recycling containers,
Flo stated he felt the code enforcement process took longer Man expected to remove a business from the
residential area.
TNt K,Lne, Cl7 W. Fourth, c,D17i111;t1L1 t ( I on yard debris binning and people raking yard clippings into the
:itrCetS n erebi C 1 0 gging the stoi-rn drainage.
Marie Lucas, 1121 N. expressed concern with the ear V/ US b. on Woodward.
City ;Manager Vr no requested (llouneffs cons tion of a block pa tty request received this afternoori
for the Bluffs Subdivision,
City of Roche,saer tit , C01117
i.h.f trg Aliioico
tale 3, 201]
Page -1 qf
Gioyanelli moved, Sage seconded to itpprove the request from the Bluffs Subdivision to hold a block party
on June 24, 2011 from 6:00 p.m. to midnight: and authorize the closing of River -Mist as requested, subject to
allowing emergency vehicles. YES: Cuthbertson, Bikson, Becker, GioVanelli, -Russell iind Sage. NO:
None. BS-filNy I Z cruet's. Motion Carried.
Council held a Public flooring an amendment to the Zoinhig Ordinance, Article 29, Administrotio.n and
Enforcement, to provide that changes hi tenancy for non-residential properties require a Certificate cif
Occupancy.
Mayor Cutlibertson opened the Public Hearing at 8:37 p.m.
No (Inc addressed. Council.
No correspondence was received.
Aural: Cuilibertson closed the Public Hearing at 8:38 nim.
Council considered trutoduction and Fir' st Pieading of an amendment to the Zoning Ordinance, Article 29,
,AA_Mainisoiation and Enforcement, to provide (hat changes in tenancy for non-residential properties require a
Cori iflicate of Occupancy.
Councilmember Russell asked if there would be a fee. City Manager Vettriuno answered that a fee
Resolution would be considered durhig Second Reading and Adoption of the Ordinance and the proposed
fee will he 550.00.
Bikson moved, 1-3ei:ker seconded to give Introduction and Fhst Reading of an amendment to the Zoning
• Ordinance„rticle 29, Administration and Enforcement, to provide that changes in tenancy for non-
residential properties require a ciertificate. Of Occupancy. YES: Cuthbertson, Bikson, Becker, Giovonelli,
Russell and Sage. ts \X:.) None, i\BSENT: Remus. Motion. Carried..
Council on a Resolution to continue participation in Oaldand County's Urban Community
Development Block Grant (CDBG) program for the years 2012, 2013, and 2011.
Bikson moved, Giovonelli seconded to adopt the Resolu don to continue participation in Oakland County
lrban Community Development Block Grant (CD.B(i) program for the years 2012, 2013, and 2014. YES:
Cutlabertson, Bikson, Becker, Giovanelli, Russell and Sage. NO: None. ABSENT: Zemens. Motion
Carrieii
I 'june11Con idaed a draft ()refinance to amend the. C Cie, Chapter 54, Utilities, to add a new Article
:iltorm water • e n t , to pro.vide .for the regulation and control of storm water runoff -
Introduction and First Reading.
Mayor. Cuthhcrtson recommended filar thc Ordinance be reviewed by the City's Special Counsel for
NPD 15 Storrnwater Permit issues.
to O'.Roc/R-s!er Council,
A6'inzaes
June 3, 201 I
13(),'sre cl 7
Giovanelli moved, Bikson seconded to give Introduction and _Fhst Reading to an Ordinance to amend the
City Code, Chapter 54, Utilities, to add a new .Article IV, Storm water Management, to provide. For die
tiegulation and control of storm w3tre,r runoff -. YES: Cuthbertson, Bikson, Becker, CI iovanelli, Russel: and
Sage, NO: None. ABSF.N .1t Zeni ell S. Motion Carried.
Mayor Cuthberison deferred appointments to the Planning Cominission and the Downtown Development
Atithori.tv,
City Councilmen:abets did not nominate a tly0 fiC for the Board of Review or the Community Media Network
board.
Council considered a report from the City Attorney on seating the Board of -Ethics. Council discussed how
to encourage more people to apply. Jr was suggested that a letter bc sent to civic organizations and
volunteer grolips achtertising the duties of the Board and the need for additional applications.
Administration will draft a letter to send.
Council considered a report from the City Attorney regarding the necessity of the Brownfield
R edevelopment Authority. It was determined that the City Manager will review the by laws of the Board
and they will meet when necessary and as required.
Council considered adoption of the City Beautiful Commission's Bysi,aws. A change was requested to
clarify that money raised by the CBC is deposited and retained by the City.
ChovaneLli moved, Bikson seconded to adopt the City Beautiful Commission's By-Laws with changes.
Cuthbertson, Bikson, Becker, G'iovanelli, Russell and Sage. NO: None. ABSENT: Zemens, Motion
Carried.
Council considiered a Resolution to adopt the Vantagecare Retirement Health Savings (RES) plan for new
hues. Council questioned Jyibilit.r redithements under Sections (B) and 'XV\ ) and CB). The item was
it dJ oy ci tO the 1T3 eXt MCC ring for additional information from A.dminis tra .
.Ouncil considered the Resolution for Non-UW..013 Employee Benefits effective July 1, 2011 to jUttic 30,
2012. Council deferred this item to time next meeting to be considered in conjunction with the previous
agenda item, Moyor Cuthbert:son and COU ncilmenther Russell expressed concern with the longevity pay
benefit,
Council considered Non -Union wage range setting for FYE 2012 and wage setting for the positions of City
Clerk, Finance Director 3ind City Manager. The City Manager has recomtn.ended 0 0/0 wage ihicreases For
ItY.IX 2012 and is i:equesting Council set the wages for City Clerk, Fhiance Director and City Manager. The
current amounts for these positions are $61,463, $61,643 and $107,300 respectively.
Giovan ciii !noved, Bik.son seconded ro all the City Manager's recommendation for 0 0/0 wage increases
El sr en -I et-oni (),,,ccs a-0cl set the. Citty Clerk's wage at. $61,46,3, the thin rice Director's Wage tit $61,643
'and the City Manager's is at 4' C17,500. YES: Cuthbertson, Bikson, Becker, C tot ancdi, Russell, and Sage.
'NO: None. 2VBSENT: Zemens. Motion Carried.
Cify fi).fRochester City Council
:Viewing Atnnures
June i 3; 2011
'a,ge 6 of 7
Council considered a report from the City Attorney regarding his concern with Oakland County Agreement
La nguage. /\.ttornev .1:,aagt notes thit Oakhrnd County has now added new hinguage to their Agreements
regarding voluntary payrnent-off-set and the City's requirement to pay costs ::113 d ittoinet fees if tlie Coun.ty
has to take collection efforts. Other miinicipalities have objected to the one-sided language. It is Attorney
Ktagt's understanding that the County lias not relented in this regard. .Attorney Kni.g,t recommended that
the City address this through our Oakland C,ounry Commissioner. Administration recommends Council
.1.c1opt the Agreem.ents to follow with the adoimting motions including an ol)jection to the If,inguage. Council
authorized a formal letter be sent to our Oakland County Commissioner and the Oakland County Executive.
cIt (IC 1ring review cmd change of the OIL set IJoiler plate language.
Council considered an Agreement with Oakland County for Ballot Layout and Programming for Elections
at a cost of $300 per event.
Becker moved, Russell seconded to approve the Agreement with Oakland County for Ballot Layout and
Prograrnrning for Elections :at a cost of $300 pet event and object t langmige in. the Agreement which deal
with die one-sided payment off-set. YES: C'uthhertson, Bikson, Becker, Giovanelli, Russell and Sage. NO:
None. ABSENT: Zeinens. Motion Carried.
Council considered an Agreement with Oakland Count v for Equalization Division Services extending the
current Agreement for two years at a cost of 585,596.71 per year.
G 10V a 11 elli moved, Rlissed seconded to approve the Agreement with C.)21dand County for Equalization
Division Services extending the current Agreement for two years at a cost of $85,896,17 per year event and
object to language in the Agreement which deal with die one-sided payment off .set. YES: Cu thbertson,
Bikson, Becket, Giovanelli, Russell and Sage. NO: None. ABSENT: Zemens. Motion Carried.
Council considered an Agreement with Oakland County for thstallarion of a severe weather warning suHen at
a cost of $17,250.00.
Ciova.nelli moved, Bikson seconded to approve the Agreement with Oalda.nd County for installation of a
severe weather warning siren at a cost of $17,250.00 event and object to language in the Agreement which
deal with die one-sided payment off-set . YES: Cuthhertson , Bikson, Becket, Giovanelli, Russell and Sage.
NO: None. ABSENT: Zeniens. Pylotion. Carried.
Council considered a report from the City' Attorney regarding the Older Persons Commission Enterlocal
Agreement having to do with Council's responsibilities for oversight of the theh budget and expenditures.
Ris tenors included the same consideration for die Rochester Avon Recreational Authority body. Although
the City does review receive an audit from the OPC consistent with the Agreement, the City Council has
nor taken an active role in :.i.pproving- the budget or considering expenditures ova $3,000. In the City
.Attorney's opinion, the City Council should be re ,,fie,wing the budgets of these two boards 2nd approving
expendimes over $3,000.
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Page j c.,j. 7
Bikson move (.1, Giovanclli seconded to direct iAdministration to iend a letter to the Older Persons'
Commission iind Me Rochester ,Avort Recreational Au.thority :ming the City Council's responsibility to
approve :11.eir budgets and to tecpiest that these bodies review the requirements for purchases in excess of
$3,000. -YES: Oithbertson, r'iiiitson, Becker, Giovimelli. Russell and Sage. NO: None, ABSENT:
Zemens, Motion Carried:
Council Tviewed rho draft forms and unieline for implementation of the Rental Irrispection Ordinance.
Mayor Pro 'Lem Bikson gave Council an update on the Planning Commission's activities stating, they had
reviewed the site plan For the Gold Fish Club on South Street and they continue to have Master Plan review
ineethugs.
Councarnem.ber Sage pvc Ccitnicil an update on the Downtown .Developm.ent Authority's activities stating
that they- had discusse.d rear tacade grants,
Citv Manager Vet:mini° reviewed informational items regarding the RE) for engineering services and the
emergency repair project of a sewer on -Fast Third Street at Nlain. Street,
City- Manager 'Vern-an-10 referred to he discussion regarding the True Grit showaH.g. The recommendation
of the selection was made la ,/ the Principal Shopping District Board, not the DD 6, and he will follow-up
-with die PhD.
.Bikson commented on the Police Department Open House over the weekend.
Cliiovanelli reminded evervone of the R:elav for Life event on june 25 & 26.
Russell commented on the recent brown out power problem.
Mayor Cuthbert son felt it is tame for the City to request a representative from DIE to attend a meeting to
discuss die power issues with Council.
council delayed the request tor a Closed Session to discuss a legal op:I-Tenn due to the late hour.
ToDr ,:olbeltson opened the meeting for Public Lornmeiti. 1.V.) addressed Canna,.
Mayor Cuthbertson at:how:tied the meeting at 11:12 p.m.
key T. Cuthbertson, 'Mayor "Lee Ann O'Connor, Cip Clerk
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Outdoor Warning Sirens 5, IN-41
Resolution #11180 August 18, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
August 31, 2011
FISCAL NOTE (M.R. #11180)
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: HEALTH AND HUMAN SERVICES DEPARTMENT/HOMELAND SECURITY DIVISION — OUTDOOR
WARNING SYSTEM EXPANSION — THE CITY OF ROCHESTER
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The City of Rochester has issued an agreement for the purchase of one (1) warning siren
and has requested to become part of the County's centrally activated tornado warning
system.
2. The total cost of the siren is $23,000.
3. The City of Rochester has agreed to pay $17,250, seventy-five percent (75%) of the
estimated cost of the siren.
4. The County of Oakland will pay twenty-five percent (25%) of the estimated cost, $5,750.
5. The County will retain ownership and be responsible for the maintenance and electrical costs
for the siren.
6. Funds are available in the FY 2011 Homeland Security budget to cover costs.
7. No budget amendment is necessary.
FINANCE COMMITTEE
Finance Committee Vote:
Motion carried unanimously on a roll call vote
Resolution #11180 August 31, 2011
Moved by Dwyer supported by Covey the resolutions (with fiscal notes attached) be adopted (with
accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Welpert, Woodward, Zack, Bosnic, Covey. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) were adopted (with
accompanying reports being accepted).
EIREBY APPROVE TI EGiV.GOING RESOLUTION'
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 31.
2011, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 31 st day of August, 2011.
E,LEE 2LJ r.
Bill Bullard Jr.. Oakland County