HomeMy WebLinkAboutResolutions - 2003.12.11 - 27097MISCELLANEOUS RESOLUTION #33355 December 11, 2003
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT
SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD, JANUARY 1,
2004 - DECEMBER 31, 2008
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS it is policy of the Oakland County Board of Commissioners to permit the
Sheriffs Office to enter into contracts with Townships, Villages and Cities for the purpose of
providing Sheriff patrol services; and
WHEREAS for several years the County of Oakland and the Oakland County Sheriff have
contracted with Springfield Township, to provide law enforcement services to this community; and
WHEREAS the current Law Enforcement Service Agreement with the Charter Township of
Springfield will expire on December 31, 2003; and
WHEREAS the Charter Township of Springfield has expressed an interest in entering into a
new, five (5) year, law enforcement service agreement; and
WHEREAS the Township Board of Springfield has adopted a resolution by authorizing the
OAKLAND COUNTY SHERIFF'S DEPARTMENT 2004-2008 LAW ENFORCEMENT SERVICES
AGREEMENT for their community.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves and, subject to the following paragraph, agrees to be bound by the terms and
conditions contained in the Oakland County Sheriffs Department 2004-2008 Law Enforcement
Services Agreement with the Charter Township of Springfield.
BE IT FURTHER RESOLVED that upon receipt of a final, executed Oakland County
Sheriffs Department 2004-2008 Law Enforcement Services Agreement from the Charter Township
of Springfield, accompanied by a certified copy of the resolution of the Township Board accepting
the Agreement, and upon the further acceptance of the above Agreement by the Oakland County
Sheriff, the Oakland County Board of Commissioners authorizes its Chairperson to execute and
enter into each of this Agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall maintain a file for the
above Agreement, and upon receipt of a final, executed copy of the above Agreement, together
with a certified copy of that community's governing body resolution approving same, the Oakland
County Clerk shall notify the Oakland County Sheriff and the Chairperson of the Oakland County
Board of Commissioners that the above Agreement is ready for their signatures which the Clerk
shall witness.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the
foregoing resolution.
PUBLIC SERVICES COMMITTEE
- Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Jamian--(bsent.
OAKLAND COUNTY SHERIFF'S DEPARTMENT
2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH
CHARTER TOWNSHIP OF SPRINGFIELD
This Agreement is made and entered into between the CHARTER TOWNSHIP OF
SPRINGFIELD, a Michigan Constitutional and Municipal Corporation and political subdivision of
the State of Michigan, located within Oakland County, whose address is 12000 Davisburg Road,
P.O. Box 1038, Davisburg, MI, 48350, (hereafter the "MUNICIPALITY"), and the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the
State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a
Michigan Constitutional Officer, whose address is 1201 North Telegraph Road, Pontiac,
Michigan 48341 (hereafter the "SHERIFF"). In this Agreement, whenever the COUNTY and
SHERIFF are intended as joint or co-obligors they will be referred to collectively as the
"OAKLAND COUNTY SHERIFF'S DEPARTMENT" or, as abbreviated, the "O.C.S.D.",
otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described herein.
INTRODUCTORY STATEMENTS
Whereas, the MUNICIPALITY is authorized to provide police services for residents of the
MUNICIPALITY; and
Whereas, the 0.C.S.D. is authorized to provide police services for residents of Oakland County
but, absent an agreement such as this, has only limited responsibility for police services in the
MUNICIPALITY; and
Whereas, the 0.C.S.D. and the MUNICIPALITY may enter into an agreement where the
0.C.S.D. would perform additional LAW ENFORCEMENT SERVICES in the MUNICIPALITY;
and
Whereas, the MUNICIPALITY desires to contract with the 0.C.S.D. for such additional Law
Enforcement Services in the MUNICIPALITY; and
Whereas, the 0.C.S.D. is agreeable to providing additional LAW ENFORCEMENT SERVICES
in the MUNICIPALITY with the additional personnel provided under the terms and conditions of
this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and agreements set forth in this Agreement, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the
SHERIFF, and the MUNICIPALITY mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY
SHERIFF'S DEPARTMENT", and "O.C.S.D." as defined above, the parties agree that for all
purposes, and as used throughout this Agreement, the following terms and expressions whether
used in the singular or plural, possessive or nonpossessive, and/or either within or without
quotation marks, shall be defined and interpreted as provided herein. The parties further agree
that as defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT",
"COUNTY OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any
person who, at the time relevant to any issue, claim, or interpretation of this Agreement, was
either a "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or
"SHERIFF'S DEPUTY" but, for any reason, is no longer employed in that capacity.
a. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY
representatives elected by popular vote to a COUNTY office or such persons appointed,
pursuant to state law, to fill a vacant elected office pending an election.
b. "MUNICIPALITY OFFICIAL" shall be defined to include any and all
MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or
such persons appointed, pursuant to state law, to fill a vacant elected office pending an
election, and those individual MUNICIPALITY employees or agents whose specific job
responsibilities mandate the enforcement of state statutes or local ordinances such as
the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster.
c. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY
employees, managers, departments, divisions, volunteers, agents, representatives,
predecessors, successors, attorneys, or auditors, other than MUNICIPALITY OFFICIALS
as defined above (whether such persons act, or acted, in their personal, representative,
or official capacities), and/or any and all persons acting by, through, under, or in concert
with any of them.
d. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all
purposes under this Agreement.
e. "O.C.S.D. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted
for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY
under this Agreement, who is designated by the SHERIFF to maintain all lines of
communications with the MUNICIPALITY LIAISON, as defined herein. The 0.C.S.D.
LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY
designated, in writing, by the SHERIFF to perform this function.
f. "LAW ENFORCEMENT SERVICES" and for all purposes under this Agreement
shall be defined and interpreted as the prevention and detection of crime and the
enforcement of the general criminal laws of this state, as provided for by state statutes
and MUNICIPALITY ordinances, including the writing of tickets for MUNICIPALITY motor
vehicle and traffic ordinance violations and laws of this state, and shall also include road
patrol, crime detection, crime prevention, and criminal apprehension, as well as any
necessary supervision of SHERIFF'S DEPUTIES, or other circumstances involving public
safety, a breach of peace, civil infractions, accidents or accidental injuries, and any
related governmental law enforcement functions as authorized and/or mandated by law
as limited by and to the extent of the Number(s) and Rank(s) of SHERIFF'S DEPUTIES
contracted for by the MUNICIPALITY in this Agreement. The governmental LAW
ENFORCEMENT SERVICES contemplated and to be provided under this Agreement
are strictly limited to those governmental LAW ENFORCEMENT SERVICES authorized
by law to be performed by the 0.C.S.D.
g. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include
any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Patrol Investigator, Detective
Sergeant, or any other person or persons of any rank, classification, or title who,
pursuant to state law, is a sworn Deputy of the SHERIFF.
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as
shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED
TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated in and made
0.C.5.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
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part of this Agreement, to perform any and all 0.C.S.D. LAW ENFORCEMENT SERVICES
contemplated in this Agreement within the corporate limits of the MUNICIPALITY, including all
private roads. LAW ENFORCEMENT SERVICES, as defined above, shall not include 0.C.S.D.
police-related "Support Services," such as Marine Division, Arson Investigation, Detective and
Crime Lab services, which the 0.C.S.D. now provides on a County-wide basis, unless expressly
stated to the contrary herein. Nevertheless, such additional "Support Services" shall continue to
be made available, at no additional cost to the MUNICIPALITY, to the same extent that the
0.C.S.D. continues to make such law enforcement "Support Services" available, at no additional
charge, to all other communities within Oakland County.
a. The MUNICIPALITY acknowledges that, except as provided for under the terms
of this Agreement, the SHERIFF has only limited responsibility for LAW
ENFORCEMENT SERVICES in the MUNICIPALITY and is not otherwise required,
except as provided herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S
DEPUTIES to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
b. The SHERIFF will make every reasonable effort to provide professional LAW
ENFORCEMENT SERVICES to the MUNICIPALITY, following generally accepted
standards for police protection, with the levels of staff provided for in SCHEDULE A.
c. Notwithstanding any other provision in this Agreement, this Agreement shall not
be interpreted to include any warranty, promise or guaranty, either express or implied, or
of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other person
or MUNICIPALITY resident that the 0.C.S.D.'S provision of LAW ENFORCEMENT
SERVICES under this Agreement will result in any specific reduction or prevention of
criminal activity within the MUNICIPALITY or any other performance-based outcome.
3. The 0.C.S.D. and the MUNICIPALITY agree that the sole and exclusive purpose of this
Agreement is to provide governmental LAW ENFORCEMENT SERVICES in and for the
MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the
MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by
implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or
special right to 0.C.S.D.' s LAW ENFORCEMENT SERVICES in favor of or to the benefit of any
particular person(s) beyond the 0.C.S.D.'S and/or any SHERIFF'S DEPUTY'S law enforcement
officer duty, as established under existing law, to the general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY
contracted for and assigned to provide LAW ENFORCEMENT SERVICES to the
MUNICIPALITY, as provided for in SCHEDULE A, shall work, during those hours for which the
MUNICIPALITY is being charged, only on MUNICIPALITY-related police matters. It is
understood and agreed, however, that "Mutual Aid" between communities may be provided to
surrounding communities. "Mutual Aid," as used in the previous sentence, means that any
SHERIFF'S DEPUTY contracted for and assigned to the MUNICIPALITY may be absent from
the MUNICIPALITY, at MUNICIPALITY expense, when temporarily called to the aid of another
community due to an emergency or other exceptional circumstance or because a SHERIFF'S
DEPUTY possesses some special skill or qualification temporarily needed in that other
community.
5. Under the terms of this Agreement, the 0.C.S.D. shall assign to the MUNICIPALITY the
Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the
LAW ENFORCEMENT SERVICES contemplated under this Agreement. As used throughout
this Agreement, any reference to the Number(s) of SHERIFF'S DEPUTIES, as shown in
SCHEDULE A, shall be defined and quantified as EIGHTY (80) HOURS of LAW
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
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ENFORCEMENT SERVICES during a bi-weekly period by any SHERIFF'S DEPUTY of the
specified Rank(s), for each of the SHERIFF'S DEPUTIES contracted for and assigned by the
SHERIFF to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
a. Except as may otherwise be expressly provided in this subparagraph or in
SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned to
provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY is not present in the
MUNICIPALITY geographical area, due to any of the reasons described in
subparagraphs 1 - 6 below, such periods of time shall be included in and counted toward
the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES for the bi-weekly period
in which it occurred.
1. Travel time, on a daily basis, to or from the 0.C.S.D. in Pontiac, Michigan,
at the beginning or end of any shift by any SHERIFF'S DEPUTY, if that
SHERIFF'S DEPUTY'S shift starts or ends in Pontiac;
2. Attendance (not to exceed 100 hours per SHERIFF'S DEPUTY per
calendar year) at arq0.C.S.D. authorized or required training session, function or
meeting;
3. Provision of any Mutual Aid as described and defined above;
4. Appearance in any Court or at any meeting with any other law
enforcement agency in connection with any prosecution or Court appearance
related to MUNICIPALITY law enforcement activities;
5. Performance of any LAW ENFORCEMENT SERVICES for the
MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the
MUNICIPALITY'S geographical area; and
6. Any approved period of annual leave, sick leave, holiday leave, personal
leave, or any other approved, paid leave (except any paid disciplinary leave
and/or long-term disability leave extending beyond a period of five (5) working
days) granted to any SHERIFF'S DEPUTY in accordance with applicable
0.C.S.D. policies, procedures, and/or employment contracts.
b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S
DEPUTIES in order to concentrate law enforcement efforts to meet particular law
enforcement priorities and needs, the SHERIFF shall assign shifts to SHERIFF'S
DEPUTIES contracted for under this Agreement so as to provide the broadest possible
coverage of LAW ENFORCEMENT SERVICES to the MUNICIPALITY.
c. All 0.C.S.D. policies, procedures, employment contracts, etc., which may be
applicable to this Agreement shall be made available by the SHERIFF for inspection by
the MUNICIPALITY LIAISON at the 0.C.S.D., by appointment, during normal business
hours.
6. Subject to the SHERIFF'S sole discretion and judgment as to the county-wide
prioritization of resources and law enforcement needs, any SHERIFF'S DEPUTY'S LAW
ENFORCEMENT SERVICES, beyond the EIGHTY (80) HOURS of LAW ENFORCEMENT
SERVICES during a bi-weekly period, as provided for in this Agreement, may be made available
by the SHERIFF to the MUNICIPALITY on an overtime basis. Except for overtime incurred due
to late calls, report writing, court appearances, emergencies, or holiday pay overtime, as shown
in SCHEDULE B - HOLIDAY PAY (hereafter "SCHEDULE B") which is attached to, incorporated
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in and made a part of this Agreement, all other overtime charges incurred by any SHERIFF'S
DEPUTY, which are charged to the MUNICIPALITY, shall be approved, in advance, in writing, by
the MUNICIPALITY LIAISON. Any such additional hours of SHERIFF'S DEPUTIES' LAW
ENFORCEMENT SERVICES provided shall be invoiced to and paid by the MUNICIPALITY
directly to the COUNTY at the Overtime Hourly Rates shown in SCHEDULE C - HOURLY
RATES (hereafter "SCHEDULE C") which is attached to, incorporated in and made a part of this
Agreement, and shall be in addition to any amounts otherwise due and owing under the terms of
this Agreement. If, however, in the unlikely event that the 0.C.S.D. is able to provide any
SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES as requested by the MUNICIPALITY
in addition to the EIGHTY (80) HOURS of LAW ENFORCEMENT SERVICES during a bi-weekly
period, as provided for in this Agreement, without the 0.C.S.D. actually incurring any direct or
indirect obligation to pay any overtime premium to any SHERIFF'S DEPUTY as a result, the
Regular Hourly Rates shown in SCHEDULE C for those additional hours of LAW
ENFORCEMENT SERVICES for which the 0.C.S.D. does not incur any overtime obligation shall
be invoiced and paid by the MUNICIPALITY as otherwise provided herein. All holiday pay
charges to the MUNICIPALITY shall be calculated and invoiced in accordance with SCHEDULE
B.
7. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate, or
otherwise, transfer, promise, commit, or lend any 0.C.S.D.'S or SHERIFF'S DEPUTY'S services,
duties, or obligations under this Agreement to any other public or private person, corporation,
entity, or organization of any kind. In the event that the MUNICIPALITY perceives the need for
any SHERIFF'S DEPUTY'S LAW ENFORCEMENT SERVICES beyond those SHERIFF'S
DEPUTIES' services contracted for in SCHEDULE A, due to some unusual MUNICIPALITY
circumstances that, in the MUNICIPALITY'S judgment, may require additional LAW
ENFORCEMENT SERVICES, the MUNICIPALITY shall address such concerns for additional
LAW ENFORCEMENT SERVICES to the SHERIFF as provided for in this Agreement (i.e.,
preceding Paragraph).
8. The MUNICIPALITY will pay the 0.C.S.D. for all SHERIFF'S DEPUTIES' LAW
ENFORCEMENT SERVICES rendered pursuant to this Agreement at the bi-weekly rates shown
in SCHEDULE A. The MUNICIPALITY further agrees to reimburse the 0.C.S.D. for any and all
additional hours of work, overtime, and/or holiday pay costs incurred by the 0.C.S.D. in providing
LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this Agreement.
For every bi-weekly period (corresponding to established 0.C.S.D. payroll periods) during which
any SHERIFF'S DEPUTY renders any LAW ENFORCEMENT SERVICES to the MUNICIPALITY
under the terms of this Agreement, the 0.C.S.D. shall prepare and send to the MUNICIPALITY
an invoice that sets forth the bi-weekly amount due for each SHERIFF'S DEPUTY'S LAW
ENFORCEMENT SERVICES rendered during that bi-weekly period, plus any charges for any
additional hours of work, overtime, and/or holiday pay, as provided for herein, during that bi-
weekly billing period. All overtime charges are to be itemized and designated for the reason
incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due on any such
invoice within 30 days of the invoice date.
9. Should the MUNICIPALITY fail, for any reason, to timely pay the COUNTY the amounts
required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland
County Treasurer to the Treasurer of the State of Michigan (or any other State of Michgian
official authoirized to disburse funds to the MUNICIPALITY), the State of Michgian is authoirized
to withold any funds due the MUNICIPALITY from the State and assign those funds to partially
or completely offset any deficiency by the MUNCIPALITY to the County. Such funds shall be
paid directly to the COUNTY. Further, the MUNCIPALITY waives any claims against the State
or COUNTY, or their respective officials, for any such amounts paid to the COUNTY.
Furthermore, should the MUNICIPALITY fail for any reason to timely pay the COUNTY the
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amounts required under this Agreement, the County Treasurer shall be entitled to set-off and
retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTFR") or
any other source of funds due to the MUNCIPALITY in possession of the County, to partially or
completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law.
Such a transfer shall be considered an assignment unless expressly prohibited by law. Such a
transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the
MUNICIPALITY waives any claims against the COUNTY, or its officials, for any such amounts
paid to the COUNTY. Nothing in this Agreement shall operate to limit in any way the COUNTY'S
right to pursue any other legal remedies against the MUNCIPALITY for the reimbursement of
amounts due the COUNTY under this Agreement. The remedies in this paragraph are available
to the COUNTY on an ongoing and successive basis, as the MUNICIPALITY becomes
delinquent in its payments.
10. The MUNICIPALITY and the 0.C.S.D. agree and warrant that neither the 0.C.S.D. nor
any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or
claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all
purposes under the terms of this Agreement, the 0.C.S.D.'S legal status and relationship to the
MUNICIPALITY shall be that of an -INDEPENDENT CONTRACTOR. The MUNICIPALITY also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any employment
status and/or employment relationship exists between any SHERIFF'S DEPUTY and the
MUNICIPALITY.
11. The MUNICIPALITY and the 0.C.S.D. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the 0.C.S.D. shall remain the sole and exclusive employer
of all SHERIFF'S DEPUTIES and that the 0.C.S.D. shall remain solely and exclusively
responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to, workers' disability compensation, unemployment
compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any
other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S
DEPUTY'S status as an employee of the 0.C.S.D. Except as expressly provided otherwise in
this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other thing
of value, either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S
DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY and/or any
personal property, automobiles, or any portable equipment (e.g., portable telephones, portable
computers, beepers, etc.) supplied, provided, and/or leased directly to the COUNTY shall not,
for any purpose of this Agreement, be interpreted as being provided by the MUNICIPALITY,
either directly or indirectly, to, for the use by, or on behalf of, any individual SHERIFF'S
DEPUTY.
12. The MUNICIPALITY may, in its discretion, in such locations and circumstances as it
decides, provide suitable office space, office equipment, all required utilities and related
facilities (e.g., desks, chairs, copying machines, fax machines, typewriters, permanently installed
telephones, lockers, locker room facilities, uniform changing areas, etc.) in MUNICIPALITY-
owned or leased buildings to the 0.C.S.D. for use by SHERIFF'S DEPUTIES assigned to the
MUNICIPALITY, which shall be referred to as a MUNICIPALITY "Sub-Station". Alternatively, the
0.C.S.D. may provide or supplement any existing desks, chairs, copying machines, fax
machines, etc. located in the MUNICIPALITY Sub-Station with 0.C.S.D. personal property and
equipment. The MUNICIPALITY acknowledges that the MUNICIPALITY benefits in providing a
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Sub-Station for 0.C.S.D. use by minimizing the time spent by SHERIFF'S DEPUTIES assigned
to the MUNICIPALITY driving from the main 0.C.S.D. Law Enforcement Complex in Pontiac,
Michigan, to the MUNICIPALITY to perform certain paper and desk work and eliminating the
"lost drive time" to provide LAW ENFORCEMENT SERVICES within the MUNICIPALITY due to
the fact that SHERIFF'S DEPUTIES otherwise would begin and end their work shift(s) at the
main 0.C.S.D. Law Enforcement Complex instead of within the MUNICIPALITY. The
MUNICIPALITY'S provision of any Sub-Station facilities and/or the use of any Sub-Station
facilities by the 0.C.S.D. shall be by mutual agreement and consent of the parties. Under no
circumstances shall the MUNICIPALITY be obligated under the terms of this Agreement to
provide any such Sub-Station facilities, nor shall the 0.C.S.D. be obligated to use any such Sub-
Station facilities if offered. If the MUNICIPALITY decides it will offer to provide the 0.C.S.D. with
Sub-Station facilities and the 0.C.S.D. agrees to use such Sub-Station facilities, the following
terms and conditions shall apply:
a. Use of a Sub-Station shall be deemed to be a MUNICIPALITY grant of a
revocable, nonexclusive License over that portion of such MUNICIPALITY premises for
use by the 0.C.S.D. and SHERIFF'S DEPUTIES assigned to the MUNICIPALITY.
b. The MUNICIPALITY will be responsible for maintenance of the premises, which
includes: any necessary repairs, improvements, installation and maintenance of all
necessary security locks, devices and fire safety devices and safety precautions,
reconstruction, custodial services, including rubbish and trash removal for the Facility,
and also includes the provision of utilities required to operate the facility for the purposes
of this License, including, but not limited to, heat, air conditioning, power, and water (but
excluding any monthly telephone charges for permanently installed Sub-Station
telephone), at no cost to the 0.C.S.D.
c. Use of the Sub-Station License shall end upon the termination or expiration of
this Agreement as provided herein. Any such Sub-Station License shall also be
terminable, at any time and for any reason, by either the MUNICIPALITY, the COUNTY,
or the SHERIFF
d. Subject to, and under all circumstances subordinate to, any MUNICIPALITY
rights or protections under any MUNICIPALITY insurance policy, or similar agreement
with any third party, protecting the MUNICIPALITY against any loss or damage to any
Sub-Station premises, from fire or any other peril, the COUNTY shall be responsible for
any damage to any Sub-Station facility directly caused by or directly resulting from the act
of any SHERIFF'S DEPUTY, normal wear and tear excepted. SHERIFF'S DEPUTIES
shall use due care in their use of any Sub-Station facilities and equipment.
13. Except as expressly provided for in this Agreement, the MUNICIPALITY agrees that this
Agreement does not, and is not intended to, transfer, delegate, or assign to the COUNTY, the
SHERIFF, and/or any SHERIFF'S DEPUTY any civil or legal responsibility, obligation, duty of
care, or liability associated with any governmental function delegated and/or entrusted to the
MUNICIPALITY under existing law.
14. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S
DEPUTY while acting under the terms of this Agreement shall perform any services directly or
otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY
shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY.
15. The MUNICIPALITY LIAISON may contact the 0.C.S.D. LIAISON, as defined above, to
request, advise, or otherwise make the 0.C.S.D. aware of particular law enforcement needs and
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Page 7
services within the MUNICIPALITY, or to provide other relevant information which has come to
the attention of the MUNICIPALITY LIAISON. The MUNICIPALITY LIAISON may also bring to
the SHERIFF'S attention any concerns that the MUNICIPALITY LIAISON may have regarding
the assignment of any SHERIFF'S DEPUTY to the MUNICIPALITY. The SHERIFF shall provide
the MUNICIPALITY LIAISON an opportunity to interview and meet any command officers before
they are assigned to the MUNICIPALITY; however, the SHERIFF'S decision on the assignment
of any SHERIFF'S DEPUTY shall be final. The 0.C.S.D. LIAISON shall, only to the extent that
any such communication would not interfere in an ongoing criminal investigation or prosecution,
keep the MUNICIPALITY LIAISON reasonably informed regarding criminal and/or law
enforcement activities within the MUNICIPALITY and advise the MUNICIPALITY LIAISON, as
soon as practicable, of any changes in any SHERIFF'S DEPUTY contracted for and assigned to
perform LAW ENFORCEMENT SERVICES to the MUNICIPALITY under the terms of this
Agreement. Notwithstanding the above, however, neither the MUNICIPALITY nor the
MUNICIPALITY LIAISON shall otherwise provide, furnish or assign any SHERIFF'S DEPUTY
with any job instructions, job descriptions, job specifications, or job duties, or in any manner
attempt to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any
0.C.S.D.'S duty or obligation under the terms of this Agreement.
16. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any
information that may come to its knowledge or possession regarding any act contrary to the
terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any
allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall
promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any
other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the
MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY
agrees to cooperate with the 0.C.S.D. in any investigation conducted by the SHERIFF into the
character and/or fitness of any SHERIFF'S DEPUTY.
17. The 0.C.S.D. shall be solely and exclusively responsible for providing SHERIFF'S
DEPUTIES with all necessary tools, automobiles, radios, communications equipment, firearms,
and any and all other equipment that the 0.C.S.D., in its sole judgment, deems required or
beneficial for the completion of any 0.C.S.D.'S duty under the terms of this Agreement. The
0.C.S.D. shall also be solely and exclusively responsible for any and all SHERIFF'S DEPUTIES'
business expenses, licenses, taxes, uniform or equipment costs, insurance(s), supplies, etc.,
except that any stationery, notices, forms, MUNICIPALITY ordinance appearance tickets, etc.,
which are required to bear the name of the MUNICIPALITY, shall be supplied to the 0.C.S.D. by
the MUNICIPALITY at the MUNICIPALITY'S sole cost and expense. In the event that the
MUNICIPALITY wants any special or additional personal property or equipment (i.e., cellular
telephones, beepers, personal items or equipment, portable computers, automobiles,
motorcycles, etc.) to be provided, at MUNICIPALITY expense or otherwise, to any SHERIFF'S
DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY shall direct such requests to the
0.C.S.D. which shall solely decide whether such personal property or special equipment shall be
provided. Any and all such additional personal property, portable or individual use equipment or
property, and/or any special equipment to be provided by the MUNICIPALITY shall be provided
directly and exclusively to the 0.C.S.D., and then ONLY pursuant to a separate written lease
agreement between the MUNICIPALITY and the COUNTY. As intended by this Paragraph and
elsewhere in this Agreement, no personal property, supplies, or other equipment, nor the use
thereof, shall be provided or made available by the MUNICIPALITY directly to any SHERIFF'S
DEPUTY, except through a written lease as provided for in this paragraph.
18. Except as otherwise provided in this Agreement, the COUNTY agrees to defend,
indemnify and hold the MUNICIPALITY or any MUNICIPALITY OFFICIAL (as defined above)
harmless from any and all civil claims, civil actions, civil suits, or civil proceedings (together with
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 8
.12 •
all reasonable and directly related and resulting costs, expenses, damages, and liabilities) which
are brought against the MUNICIPALITY or any MUNICIPALITY OFFICIAL by any person other
than the COUNTY or SHERIFF, or any SHERIFF'S DEPUTY that the MUNICIPALITY or any
MUNICIPALITY OFFICIAL both incurred and becomes legally obligated to pay, which are based
upon or resulted from any alleged negligent or intentionally tortious act(s) or omission(s) of any
SHERIFF'S DEPUTY, which act(s) or omission(s) occurred while any such SHERIFF'S DEPUTY
was acting to fulfill any 0.C.S.D. obligation or responsibility as described and limited by this
Agreement. The COUNTY, however, shall have no obligation to the MUNICIPALITY or any
MUNICIPALITY OFFICIAL under this Paragraph in any civil claim, civil action, or civil suit by any
MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT (as defined above) for any element of
loss or damages by the MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT for any past,
present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or
retirement benefits, travel expenses, mileage allowances, training expenses, transportation
costs, and/or other allowances or reimbursements of any kind, including, but not limited to,
workers' disability compensation, unemployment compensation, Social Security Act protection(s)
and benefits, any employment taxes, and/or any other statutory or contractual right or benefit
based, in any way, upon any MUNICIPALITY OFFICIALS or any MUNICIPALITY AGENT status
as an officer, employee or agent of theMUNICIPALITY for any alleged intentional tort, infliction
of emotional distress, or any alleged violation of any MUNICIPALITY OFFICIAL'S or
MUNICIPALITY AGENT'S statutory, contractual, or constitutional rights by the MUNICIPALITY
or any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT.
19. The MUNICIPALITY also agrees to defend, indemnify and hold the COUNTY, the
SHERIFF, and/or any COUNTY OFFICIAL harmless from any and all civil claims, civil actions,
civil suits, or civil proceedings (together with all reasonable and directly related and resulting
costs, expenses, damages, and liabilities) which are brought against the COUNTY, the
SHERIFF, and/or any COUNTY OFFICIAL by any person other than the MUNICIPALITY, the
SHERIFF, any COUNTY OFFICIAL, and/or any SHERIFF'S DEPUTY that the COUNTY, the
SHERIFF, and/or any COUNTY OFFICIAL incurred and/or becomes legally obligated to pay,
which are based upon or resulted from any alleged negligent or intentional tortious act(s) or
omission(s) of any MUNICIPALITY OFFICIAL or MUNICIPALITY AGENT.
20. Notwithstanding the indemnification obligations of the MUNICIPALITY or the COUNTY
described in the preceding two Paragraphs, neither the COUNTY nor the MUNICIPALITY shall
be required or obligated to defend, indemnify, and/or hold any party, the officials or agents of any
party, and/or any person harmless in any criminal investigation, criminal case, criminal
prosecution or criminal proceeding or pay any costs, expenses, fines, damages, or liabilities of
any kind whatsoever which are incurred in or result from any criminal investigation or
prosecution.
21. The MUNICIPALITY and the COUNTY agree that any and all indemnification and hold
harmless promises, liabilities, and any MUNICIPALITY payment obligations provided for in this
Agreement, with regard to any acts, occurrences, events, transactions, or claims either occurring
or having their basis in any events or transactions that occurred before the cancellation or
expiration of this Agreement, shall survive the cancellation or expiration of this Agreement.
22. It is neither the intent of the COUNTY nor the MUNICIPALITY that this hold harmless or
indemnification provision, or any other provision of this Agreement, shall inure, either directly or
indirectly, to the benefit of any person or party other than the COUNTY, the MUNICIPALITY, the
SHERIFF, any MUNICIPALITY OFFICIAL, and any COUNTY OFFICIAL, as defined and
provided for herein. Except as expressly provided herein, this Agreement does not, and is not
intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise,
benefit, and/or right to be indemnified, or any other right of any kind in favor of any person,
'
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 9
organization, alleged third-party beneficiary, or any right to be contractually, legally, equitably, or
otherwise subrogated to any indemnification or any other right provided under the terms of this
Agreement.
23. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M.,
January 1, 2004, and shall remain in effect continuously until it expires, without any further act or
notice being required by either party, at 11:59 P.M. on December 31, 2008. In addition, any party
may terminate this Agreement, prior to its December 31, 2008 expiration, upon written
notification to all others at least ninety (90) days prior to the proposed termination date, which
date shall be clearly stated in the written notice. Upon the expiration or termination of this
Agreement, all further 0.C.S.D.'S obligations to provide LAW ENFORCEMENT SERVICES to
the MUNICIPALITY under this Agreement shall end.
24. This Agreement, and any subsequent amendments, shall not become effective prior to
the approval by concurrent resolutions of the COUNTY Board of Commissioners and the
MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in
the official minutes and proceedings of the COUNTY Board of Commissioners and
MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the
COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent
amendments shall be filed with the Secretary of State for the State of Michigan by the 0.C.S.D.
and shall not become effective or implemented prior to its filing with the Secretary of State.
25. In the event that the MUNICIPALITY wishes to enter into a new agreement for LAW
ENFORCEMENT SERVICES upon the expiration of this Agreement, it will notify the 0.C.S.D., in
writing, of this intent no later than July 31, 2008. If the MUNICIPALITY, as above, notifies the
0.C.S.D. of its intent to enter into a new agreement, and the 0.C.S.D. has a similar interest, the
0.C.S.D. shall present the MUNICIPALITY with a new proposed agreement for continued LAW
ENFORCEMENT SERVICES on, or before, August 22, 2008. In no event shall this paragraph
be interpreted to obligate the 0.C.S.D. or the MUNICIPALITY to continue any Agreement for any
LAW ENFORCEMENT SERVICES beyond the expiration of this Agreement unless a new fully
executed contract is executed by the parties. In the event that the MUNICIPALITY terminates
this Agreement or elects not to enter into a subsequent agreement because it decides to
establish its own police department, the MUNICIPALITY agrees to consider for employment in its
police department any SHERIFF'S DEPUTY who may be laid off by the 0.C.S.D. as a result of
this decision, but in no event shall the MUNICIPALITY be obligated to hire any such SHERIFF'S
DEPUTY.
26. The parties shall send, by first class mail, all correspondence and written notices
required or permitted by this Agreement to each signatory to this Agreement, or any signatory
successor in office, to the addresses shown in this Agreement. Except as otherwise provided
for herein, all correspondence or written notices shall be considered delivered to a party as of
the date that such notice is deposited with sufficient postage with the U.S. Postal Service.
27. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify,
supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms or
conditions of employment of any SHERIFF'S DEPUTY with the 0.C.S.D., any applicable
0.C.S.D. employment and/or union contract, and/or any 0.C.S.D. rule(s), regulation(s), hours of
work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment relationship between the
0.C.S.D. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S
DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be
interpreted to limit, modify, control, or otherwise affect, in any manner:
12 •
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 10
.f2
a. The complete and unilateral discretion of the SHERIFF to either continue or
revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the
SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a
SHERIFF'S DEPUTY.
b. The 0.C.S.D.'S sole and exclusive right, obligation, responsibility, and discretion
to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all
SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation,
fringe benefits, or otherwise decide any and all such terms and conditions of employment
and make any and all employment decisions that affect, in any way, the employment of
any SHERIFF'S DEPUTY with the 0.C.S.D, subject only to its collective bargaining
Agreements.
c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies, procedures,
orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or
directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY,
any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or
amount of required supervision, any and all standards of performance, any sequence or
manner of performance, and any level(s) of experience, training, or education required
for any SHERIFF'S DEPUTY performing any 0.C.S.D. duty or obligation under the terms
of this Agreement.
28. The SHERIFF and the COUNTY reserve to themselves any rights and obligations
relating to the provision of any and all police and/or governmental LAW ENFORCEMENT
SERVICES, and this Agreement does not, and is not intended to, diminish, delegate, divest,
impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, capacity, immunity, or character of office of either the SHERIFF, the COUNTY,
and/or any SHERIFF'S DEPUTY. The COUNTY and the SHERIFF further acknowledge and
agree that this Agreement is neither intended, nor shall it be interpreted, so as to create, grant,
modify, supersede, alter, or change, in any manner or form, any right, privilege, benefit, or any
other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any
SHERIFF'S DEPUTY or any SHERIFF'S DEPUTY'S agent(s), representative(s), union(s), or the
successor(s) or assign(s) of any of them.
29. This Agreement is made and entered into in the State of Michigan and shall in all
respects be interpreted, enforced and governed under the laws of the State of Michigan. The
language of all parts of this Agreement shall in all cases be construed as a whole, according to
its fair meaning, and not construed strictly for or against any party. As used in this Agreement,
the singular or plural number, the possessive or nonpossessive, shall be deemed to include the
other whenever the context so indicates or requires.
30. Absent an expressly written waiver, the failure of any party to pursue any right granted
under this Agreement shall not be deemed a waiver of that right with regard to any existing or
subsequent breach or default under this Agreement. No failure or delay by any party in
exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a
single or partial exercise of any right, power or privilege preclude any other or further exercise of
any other right, power or privilege.
31. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the
MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all
persons acting by, through, under, or in concert with any of them.
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 11
.f2
32. This Agreement, consisting of nineteen (19) pages, including SCHEDULE A,
SCHEDULE B, and SCHEDULE C (incorporated herein), sets forth the entire Agreement
between the 0.C.S.D. and the MUNICIPALITY with regard to the 0.C.S.D.'S provision of LAW
ENFORCEMENT SERVICES and/or any SHERIFF'S DEPUTY'S services to the
MUNICIPALITY, and fully supersedes any and all prior agreements or understandings between
them in any way related to the subject matter hereof. It is further understood and agreed that the
terms of this Agreement are contractual and are not mere recitals and that there are no other
agreements, understandings, or representations between the 0.C.S.D. and the MUNICIPALITY
in any way related to the subject matter hereof, except as expressly stated herein. This
Agreement shall not be changed or supplemented orally. This Agreement may be amended
only by concurrent resolutions of the COUNTY Board of Commissioners and the MUNICIPALITY
Governing Body according to the procedures set forth in this Agreement.
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 12
CHARTER TOWNSHIP OF SPRINGFIUD,
a Michigjav Municipal Corporapopi
BY:
BY:
COUNTY OF OAKLAND, a Michigan
MunicipAl Corporation
BY: J. .
Va.ikeuvivi
ci.42444/evgkv
WITNESS: OAKLAND COUNTY SHERIFF, a Michigan
ConstitutianadDffic
MICHAEL JOITOUCHARD,
Oakland County Sheriff
IN WITNESS WHEREOF, COLLIN W. WALLS, Supervisor, for the MUNICIPALITY,
hereby acknowledges that he has been authorized by a resolution of the MUNICIPALITY
Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of
MUNICIPALITY and hereby acrpts and bihAs the MUNICIPALITY to the terms and conditions
of this Agreement on this /A:A day of lUe 2003.
WITNESSES:
ig4y 1/441-6 4 4- COLLIN W. WALLS
Supervisor
IN WITNESS WHEREOF, THOMAS A. LAW, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners (a certified copy of which is attached) to execute this
Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts and binds the
COUNTY OF OAKLAND to the terms and conditions of the Agreement on this ig day of
, 2003.
WITNESS:
THOMAS A. LAW,
Chairperson, Oakland County Board
of Commissioners
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland
County Sheriff, a Michigan Constitutional Officer,hereby accepts at)94&is the COUNTY OF
OAK ND to the terms an conditions of the Agreement on this /bi — day of
, 2003
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 13
SCHEDULE A
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Rank(s) of Number(s) Bi-Weekly Bi-Weekly Bi-Weekly
SHERIFFS of Sheriffs Charge to Charge to Charge to
DEPUTIES Deputies Municipality Municipality Municipality
Contracted in 2004 in 2005 in 2006
Captain $5,323.50 $5,528.04 $5,712.15
Lieutenant $4,556.12 $4,738.65 $4,906.81
Patrol $4,151.00 $4,320.62 $4,479.69
Sergeant
Detective 1 $4,232.69 $4,402.69 $4,560.81
Sergeant
Deputy II 9 $4,403.38 $4,582.73 $4,749.69
(w/fill)
Deputy II $3,708.62 $3,861.04 $4,006.35
(no-fill)
Deputy II $3,538.77 $3,691.19 $3,829.12
(no-fill/no-
vehicle)
Patrol $3,790.31 $3,943.15 $4,087.46
Investigator
(no-fill)
Deputy I $2,996.65 $3,121.50 $3,244.62
(no-fill)
TOTAL 10
NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no
additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide
LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL-
IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those
reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above.
NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFFS DEPUTY
contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this
Agreement.
.f2
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 14
11
It
YES
YES
YES
SCHEDULE B
HOLIDAY PAY
Rank(s) of
Sheriffs
Deputies
Captain INCLUDED
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
(w/fill)
Deputy II
(no-fill)
Deputy II
(no-fill/no-
vehicle)
Patrol
Investigator
(no-fill)
Deputy I
(no-fill)
NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs have been
included in the Bi-Weekly Charges shown in SCHEDULE A.
'Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays.
In December communities with No-Fill Deputies (I & II's) will be charged for 2 days (16 hours) at the
Regular Hourly Rate.
2Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES.
3Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement.
REGULAR
REGULAR HOLIDAY
HOLIDAY PAY/NOT
PAY WORKED'
HOLIDAY ADDITIONAL
OVERTIME2 OVERTIME CHARGES
NOT NOT
INCLUDED ELIGIBLE ELIGIBLE NO
NOT NOT
OPTIONAL3 INCLUDED INCLUDED YES
YES
YES
INCLUDED INCLUDED INCLUDED NO
NOT NOT NOT YES
If
INCLUDED INCLUDED INCLUDED INCLUDED
1f
NOT
INCLUDED
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 15
SCHEDULE C
HOURLY RATES
Regular Regular Regular Overtime Overtime Overtime
Hourly Hourly Hourly Hourly Hourly Hourly Rate
Rate 2004 Rate 2005 Rate 2006 Rate Rate
2004 2005 2006
Captain N/A* N/A* N/A* N/A* N/A* N/A*
Lieutenant $45.24 $46.60 $48.00 $67.87 $69.90 $72.00
Patrol $41.27 $42.50 $43.77 $61.90 $63.75 $65.55
Sergeant
Detective $41.27 $42.50 $43.70 $61.90 $63.75 $65.55
Sergeant
Deputy II $35.82 $36.89 $38.00 $53.73 $55.34 $57.00
(w/fill)
Deputy II $35.82 $36.89 $38.00 $53.73 $55.34 $57.00
(no/fill)
Deputy II $35.82 $36.89 $38.00 $53.73 $55.34 $57.00
(no-fill/no-
vehicle)
Patrol $35.82 $36.89 $38.00 $53.73 $55.34 $57.00
Investigator
(no-fill)
Deputy I $27.05 $27.87 $28.70 $40.58 S41.70 $43.05
(no-fill)
.i2
*N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies.
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 16
TOTAL 10
SCHEDULE A-1
SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY
Rank(s) of
SHERIFF'S
DEPUTIES
Captain
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
(w/fill)
Deputy ll
(no-fill)
Deputy II
(no-fill/no-
vehicle)
Patrol
Investigator
(no-fill)
Deputy I
(no-fill)
Bi-Weekly
Charge to
Municipality
in 2007
$5,898.58
$5,076.81
$4,638.85
1 $4,720.42
9 $4,916.96
$4,151.30
$3,974.08
$4,232.88
$3,366.73
Bi-Weekly
Charge to
Municipality
in 2008
$6,093.62
$5,254.92
$4,813.19
$4,887.85
$5,099.65
$4,311.04
$4,126.42
$4,385.65
$3,502.92
Number(s)
of Sheriffs
Deputies
Contracted
NOTE: For each PATROL DEPUTY II (WITH FILL-IN) identified above, ONLY the 0.C.S.D. shall, at no
additional cost to the MUNICIPALITY, provide a substitute (i.e., FILL-IN) SHERIFF'S DEPUTY to provide
LAW ENFORCEMENT SERVICES to the MUNICIPALITY whenever a PATROL DEPUTY II (WITH FILL-
IN) is absent from the MUNICIPALITY during any 80 hour bi-weekly period for any reason except those
reasons enumerated in Paragraph 5(a)(1) through Paragraph 5(a)(5) above.
NOTE: No Trainees shall be assigned by the 0.C.S.D. to perform the duties of any SHERIFF'S DEPUTY
contracted for and assigned to perform LAW ENFORCEMENT SERVICES under the terms of this
Agreement.
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 17
NOT
ELIGIBLE
NOT
INCLUDED
11
11
SCHEDULE BA
HOLIDAY PAY
Rank(s) of
Sheriffs
Deputies_
REGULAR
HOLIDAY
PAY
REGULAR
HOLIDAY
PAY/NOT
WORKED'
HOLIDAY
OVERTIME6
ADDITIONAL
OVERTIME CHARGES
Captain INCLUDED
Lieutenant
Patrol
Sergeant
Detective
Sergeant
Deputy II
(w/fill)
Deputy II
(no-fill)
Deputy II
(no-fill/no-
vehicle)
Patrol
Investigator
(no-fill)
Deputy I
(no-fill)
INCLUDED
OPTIONAL6
INCLUDED INCLUDED
NOT NOT
INCLUDED INCLUDED
NOT
ELIGIBLE
NOT
INCLUDED
INCLUDED
NOT
INCLUDED
NO
YES
YES
YES
NO
YES
YES
YES
YES
NOTE: As used above "INCLUDED" or NOT INCLUDED" refers to whether or not these costs have been
included in the Bi-Weekly Charges shown in SCHEDULE A.
4 Billed at Regular Hourly Rate, (SCHEDULE C) Included 5 Paid Leave Days in Lieu of 3 Holidays.
In December communities with No-Fill Deputies (I & ll's) will be charged for 2 days (16 hours) at the
Regular Hourly Rate.
5 Billed at Overtime Hourly Rate Shown in SCHEDULE C - HOURLY RATES.
6Depends on Holiday Schedule, Individual Work Schedule, and Collective Bargaining Agreement.
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 18
SCHEDULE C-1
HOURLY RATES
Regular Regular Overtime Overtime
Hourly Hourly Hourly Hourly
Rate 2007 Rate 2008 Rate Rate
2007 2008
Captain N/A* N/A* N/A* N/A*
Lieutenant $49.44 $50.92 $74.16 $76.38
Patrol $45.09 $46.44 $67.64 $69.66
Sergeant _
Detective $45.09 $46.44 $67.64 $69.66
Sergeant
Deputy II $39.14 $40.31 $58.71 $60.46
(w/fill)
Deputy II $39.14 $40.31 $58.71 $60.46
(no/fill)
Deputy II $39.14 $40.31 $58.71 $60.46
(no-fill/no-
vehicle)
Patrol $39.14 $40.31 $58.71 $60.46
Investigator
(no-fill)
Deputy I $29.56 $30.45 $44.34 $45.68
(no-fill)
. •
*N/A - Not applicable as this Rank is not eligible for overtime under current 0.C.S.D. policies.
0.C.S.D. 2004-2008 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD
Page 19
Nancy Strole, Clerk
Charter Township of Springfield
Clerk's Office
General Offices
Fax Number
(248) 846-6510
(248) 634-3111
(248) 634-2316
CERTIFICATION
I, Nancy Strole, duly elected Clerk of the Charter Township of Springfield,
hereby certify that the following is a true and accurate copy of the approved tv:inutes of
the Regular Meeting of the Springfield Township Board of Trustees held on the 13th day
of November, 2003.
12000 Davisburg Road • P.O. Box 1038 • Davisburg, Michigan 48350
Clerk Township of Springfield -Nancy-Stro14--
Others Present
Lisa Hamameh Township Attorney
MINUTES OF REGULAR-- MEETING
HELD November 13, 20 03
The Roegle Ness, Inc., Flint, MicNien
Call to Order: Supervisor Collin Walls called the November 13, 2003 Regular Meeting of
the Springfield Township Board to order at 7:30 p.m. at the Springfield Township Hall, 12000
Davisburg Road, Davisburg, MI 48350.
Roll Call:
Board Members Present
Collin W. Walls
David Hopper
Dean Baker
Margaret Bloom
Dennis Vallad
Nancy Strole
Township Supervisor
Township Trustee
Township Trustee
Township Trustee
Township Trustee
Township Clerk
Board Members Not Present
Jamie Dubre Township Treasurer
Agenda Additions & Changes:
Supervisor Walls noted that we have a request from SRC Realty to withdraw their rezoning
request. Consent Item E should be revised to concur with a request to withdraw.
Clerk Strole noted that in the minutes of September 23, 2003, Dean Baker was present and is not
listed as present.
Public Comment:
There were no public comments regarding items not on the agenda.
Consent Agenda:
)> Trustee Vallad moved to accept the Consent Agenda with the change to Item E to
concur with the applicant's request to withdraw the rezoning request. Trustee
Hopper supported the motion. Vote on the motion. Yes: Walls, Hopper, Baker,
Bloom, Vallad and Strole; No: none; Absent: Dubre. The motion carried by a 6 to
0 vote.
1
MINUTES OF
HELD
Township of Springfield
Form M-1-P1
REGULAR MEETING
November 13, 20 03
Nancy Strole, Clerk
1 he Illegle Ness, loc , Flint, Michignn
a) Approval of Minutes; September 23 (Special) September 23, (Joint), October (
(Special) and October 9, 2003 Regular Meeting with bills and additiona
disbursements of $293,360.59.
b) Acceptance of October Treasurer's Report
c) Receipt of October Reports: Building, Electrical, Plumbing, Mechanical, Litigation
Fire, Ordinance
d) Authorize payment of bills as presented, total $146,224.51.
e) Concur with request from SRC Realty to withdraw rezoning application for Parce
07-05-126-001 from R-1A (Suburban Estates Residential) to C-2 General Business
0
Ordinance No. 47 amendment, first reading: authorize Clerk to publish for secon
reading
MTA 2004 Annual Conference: Authorize Board member attendance, not to excee
$460.00 each for registration/lodging/travel
h) Extend 2002-2003 snow removal agreement with Mike LaLone, at same rates, for
2003-2004 season
Approval of five-year renewal contract with Oakland County for Police Service and
authorize Supervisor to sign
j) Approve installation of street light at Old Oaks and Big Lake with installation and
operation costs paid by Old Oaks Association
k) Receipt of Communications
- Letter from MTA regarding State budget cuts
- Letter from Word Foundation regarding transitional housing for homeless women
- Receipt of Senior Van Transportation report
- Receipt of Clarkston Area Youth Assistance Minutes
Public Hearing: CDBG
1. Allocation of 2004 Block Grant Funds
2. Reprogramming 2003 Funds
Supervisor Walls explained that in 2003 funds were allocated for removal of architectural
barriers and were intended to be used by Parks and Recreation to make an existing trail at the
north end of the Shiawassee Basin barrier free. After a review by an engineer, it was determined
that that was not physically or financially feasible. A suggestion is to reprogram those funds of
$7,783.80 from removal of architectural barriers to planning and management and still be used
by Parks and Recreation to help cover Master Plan review fees. $1,245.20 would be from
removal of architectural barriers to street improvements and would be used in the designated
low-moderate area and the remainder of $10,890.00 would be removal of architectural barriers
but the project description would change from trail-conversion to acquisition of handicapped
accessible picnic tables.
Regarding the use of 2004 funds, the allocation for 2004 is just under $39,900.00. These are
federal funds that must be used to benefit low and moderate-income individuals or
neighborhoods. Based upon the most recent census the only area that qualifies for this benefit is
2
Township of Springfield
Form Ml PI
Nancy-Strole Clerk
lee Menlo Ness, Inc , FIELLAithrn
MINUTES OF REGULAR—MEETING
HELD _November_13,_ 20_03
the area bounded by 1-75 on the west, Dixie Highway on the East, Davisburg Rd. on the south
and the Township line on the north. In the past, we have used block grant funds in that area for
assistance in paving the stretch of Tindall Rd. from East Holly to Rattalee Lake Rd. It has been
used for gravel, ditching and fire equipment. However, this year fire equipment will not qualify
because fire service does not meet the threshold for the number of calls within that area to
qualify, and it does not appear that it will qualify next year. Block Grant Funds have also been
used for public services where contributions are made to organizations such as Lighthouse North,
Neighbor for Neighbor, Haven and Kaleidoscope for assistance and handicapped programs,
senior citizen programs, emergency food, emergency rent and utilizes and so forth. Supervisor
Walls noted that we have found in the past, it difficult to utilize funds as other communities have
because of the low income and moderate-income thresholds and the ability of this community to
meet them. In addition to those programs mentioned, we have also used funds for books on tape
through the library. There are funds allocated now for a historic preservation project. We can
use funds for things such as sidewalks and beautification projects but they must be in the
designated areas. We have requests for funding from public service agencies, Neighbor for
Neighbor, Lighthouse North, Kaleidoscope, Haven, OSHA and the Library. The maximum
allocation for public service funds is 50% of the total, the maximum allocation is 20% of the
total for planning and management and administration
Supervisor Walls opened the Public Hearing at 7:46 p.m.
Mrs. Diane Wozniak commented that she would like to see block grant funds go to historic
preservation, specifically the former town hall.
Ms. Kim Guerin of the Haven, 92 Whittimore, Pontiac, commented that the Haven is for the
prevention and treatment of domestic violence, sexual assault and child abuse. Ms. Guerin
thanked the Board for all their help and support they have provided in the past. She noted that
last year the Haven served 71 individuals in Springfield Township, which is almost double of
what they served the year prior to that. Ms. Guerin asked the Board to donate $3,000 tonight to
support Haven further.
There were no further public comments in reference to Block Grant Funds.
Supervisor Walls closed the Public Hearing at 7:50 p.m.
Old Business:
1. Civic Center: Entrance Sign Design
Supervisor Walls commented, regarding the scaled drawing provided of the proposed sign, that
the sign is not significantly larger than the current sign. Based on the words proposed, he feels it
is too small. The proposed sign is approximately 24 square feet and the ordinance would allow
50. He suggested enlarging it but it is at maximum height allowed. Supervisor Walls said the
fieldstone is an excellent addition but suggested it not be at the base because the landscaping will
3
MINUTES OF
HELD
REGULAR MEETING
Noveinber 13, 20 0 3
T wnship of
-I5T
Springfield Nancy Strole, Clerk
cover it up. He feels the word "civic center" should be larger and more of a focal point. He
believes the words "Springfield Township" could be smaller and perhaps eliminate "township."
Supervisor Walls said he thinks the second space should be something such as "Library -
Township and Park Offices" but the word "recreation" adds nothing to the sign. The third spacq
should be "Shiawassee Basin Preserve." It could probably be broken into quarters. Supervisoi
Walls commented that the present location is optimum
Trustee Hopper said he likes the sign and would like to see something wider and closer to till
ordinance in regard to size. He believes the sign location should be where it is and does not lik
the idea of building a berm to place the sign on; it is contrary to the ordinance. Trustee Hoppe
said the committee did a good job and he likes the sign and verbiage but is worried that it may bi
just a bit too small.
Trustee Bloom said she likes location and the colors of the sign and would like to see it
somewhat wider. She agrees that the fieldstone could be placed elsewhere so the landscaping
will not cover it and likes the wording as proposed.
Clerk Strole said she prefers the current location, as it is a natural setting. Overall, she likes th(
design of the sign and thinks the word "recreation" and "township" could be dropped. She woulc
like the words to be as visible as possible. Clerk Strole said she likes the fieldstone at the botton
and feels landscaping would not necessarily have to cover it up. She likes the configuration bu
thinks it should be wider.
Trustee Vallad said he likes the colors and the current location is appropriate. He agree
building a berm is not in line with the ordinance. He would like the stone on the bottom if
landscape plan is prepared accordingly and believes the sign should be wider. Trustee Valla
said, overall, he likes the sign design.
The majority of the Board concurred that the word township in the heading and the wor
recreation in the sign could be dropped. Supervisor Walls commented that the more words o
the sign, the less visible it will be.
Trustee Baker commented that he thinks the committee has been very ernest in its efforts t
create something appealing and communicative to the community. He appreciates the feedbac
received from the Board tonight.
2. Revised Web Proposal
Supervisor Walls explained that Treasurer Dubre, in working with Capital Consultants an
Township Attorney Greg Need have revised the standard provisions of the contract so that it i
now acceptable. Supervisor Walls said the difference between this proposal and the previou
proposal is in the scope of services. There was an addition of one item and the deletion of man
words that clarified what would be done. The scope of services for this proposal include lookin
at the cable and our other means of communication. If they actually do something with that
The hogle Press. Inc ,FhnI. Miclegen
4
Aancy- ClerkStrolev--
The Olen, Inc FKnIjMcIngen
MINUTES OF REGULAR—MEETING------- ,
HELD Novernber13,_20_03
Township of Springfield
Form M.1-Fl
there is an estimate for pay by the hour. Supervisor Walls said that Treasurer Dubre suggested
that it not be implemented until we are at least three to four months into the development of the
branding for the website. The web development is exactly the same fee, the library web design
is the same fee and the general communication and branding strategies would be done on a time
and materials estimated to be just under $4,000.00.
• Clerk Strole moved to authorize entering into the contract for web development
services with Capital Consultants subject to a revision of the contract provisions as
revised by our Township Attorney and presented in Treasurer Dubre's memo
dated November 13, 2003. Trustee Baker supported the motion. Vote on the
motion. Yes: Walls, Hopper, Baker, Bloom, Vallad and Strole; No: none; Absent:
Dubre. The motion carried by a 6 to 0 vote.
New Business:
1. Block Grant Funds
a) Reprogram 2003 Funds
Supervisor Walls explained that the motion needs to be specific based on the outline of Carol
Putnam's memo and we need to include in a motion, a project description change within the
removal of architectural barriers to change from the trail to picnic tables.
Clerk Strole asked the Parks Commission if they are suggesting 30 picnic tables and how would
they be allocated. Jennifer Tucker said 15 would go to Shiawassee and 15 would go to Schultz
Park. Those would be mainly under the pavilion and areas that are accessible directly from those
areas and be trailside.
)=. Supervisor Walls moved that the Township approve reprogramming of 2003 funds
allocated to removal of architectural barriers by changing $7,783.80 to Planning
and Management to update the Parks and Recreation Master Plan; $1,245.20 to
street improvements for improvements within the area wide area and to approve a
change of project description for the balance of those funds from retrofitting a
trail to acquisition of handicapped accessible picnic tables. Trustee Hopper
supported the motion. Vote on the motion. Yes: Walls, Hopper, Baker, Bloom,
Vallad and Strole; No: none; Absent: Dubre. The motion carried by a 6 to 0 vote.
b) Waiver of 2001 Funds
• Clerk Strole moved to request a waiver of recapture of 2001 Historic Preservation
Funds. Trustee Vallad supported the motion. Yes: Walls, Hopper, Baker, Bloom,
Vallad and Strole; No: none; Absent: Dubre. The motion carried by a 6 to 0 vote.
c) Allocation of 2004 Funds
5
r-orm M- I.P 1110 1101)In I loll. Mwhiurtn
MINUTES OF REGULAR MEETING
HELD November 13, 20 0 3
Township of Springfield Nancy Strole, Clerk
Supervisor Walls explained that, regarding the request by the Parks Commission for plannini
and management to be used in addition to the reprogramming, if we use the maximum we can
that is $7,959.40.
Clerk Strole noted that Treasurer Dubre spent a lot of time on this issue and since she is not here
she would like to relay her thoughts to the Board. Treasurer Dubre's thoughts were to provid(
$10,000.00 as requested to Neighbor for Neighbor based on a significantly increased need. Sh(
suggested $2,500.00 to Lighthouse but questioned whether they complemented one another
Treasurer Dubre also suggested $2,500 .00 to the Kaleidoscope Foundation recognizing that it i;
an excellent organization and provides wonderful services. The remainder of the funds
$4,898.50 for books on tape. Regarding planning and management, Treasurer Dubre felt tha
was fine.
Trustee Hopper said he concurs with Treasurer Dubre regarding the $4,898.50 for the audi
books. He suggested $4,000.00 for Kaleidoscope; $7,000.00 for Neighbor for Neighbor
$2,000.00 for Lighthouse and $2,000.00 for Haven. Planning and management doing th
maximum 20% allocation for Parks & Recreation and the balance would be $5,000.00 for th
emergency rehab and the remainder of $7,502.05 for street improvements. Trustee Hopper sai1
he believes Lighthouse and Haven and Kaleidoscope do a valuable service to the community.
Trustee Baker suggested $10,000.00 to Neighbor for Neighbor; $2,500.00 to Kaleidoscope
$2,500.00 to Haven and the balance going to the Library for the audio books. He concurs witl -
Trustee Hopper regarding the Planning and Management Funds.
Trustee Bloom suggested $5,000.00 to Kaleidoscope; $10,000.00 to Neighbor for Neighbor
$2,500.00 to Lighthouse; $4,898.50 to the Library and the Planning and Management stay aE
requested. She said she does not have a preference as to the balance.
Clerk Strole asked Ms. Guerin of Haven, to detail the 71 individuals she mentioned earlier. Ms.
Guerin gave a breakdown of the numbers and services provided to township residents.
Clerk Strole recommended $4,898.00 to the Library for books on tapes; $2,500.00 t
Kaleidoscope and $2,500.00 to Haven. She is unsure whether to designate the entire $10,000.0
to Neighbor for Neighbor.
Supervisor Walls commented that in the past we have contracted Neighbor for Neighbor an.
Lighthouse to provide different services. Lighthouse North does provide Ensure and a simila 1
product and fresh fruit and vegetables. Neighbor for Neighbor does not. Supervisor Walls said
he is concerned that we can provide almost identical service through Neighbor for Neighbor an.
that agency spends only 13% of what they receive on non-direct service items. Lighthouse Nortl
spends 64% on salaries and their facility. Clerk Strole said, then she would prefer to designat.
the $10,000.00 to Neighbor for Neighbor.
6
MINUTES OF REGULAR—MEETING
HELD
Township of Springfield
Form AA- -PI
November 13,_ 20 _03
Nancy-Strole, Clerk
1 he rbeple Press, Inc.. FIAMIctigan
Trustee Vallad said it appears Neighbor for Neighbor is well funded from other sources and he
can understand the recommendation to go with $10,000.00. However, if we are looking to
reduce somewhere to provide monies to other programs, he would prefer to reduce Neighbor for
Neighbor to approximately $7,500.00. All the requests are worthy projects and he feels giving
the Library $4,898.00 is more appropriate than giving them $6,000.00. He believes the Planning
and Management should go to the Parks for their Master Plan redo.
• Supervisor Walls moved for $11,939.00 for Emergency Rehab; the maximum of
$7,959.40 for Planning and Management; and of the Public Service allocation
clarifying that $3,000.00 be allocated to providing crisis intervention advocacy,
individual group and family counseling for victims of domestic violence, sexual
assault and child abuse; $8,000.00 be allocated for the purpose of providing food
distribution, utility, rent and mortgage assistance and emergency housing
assistance and medical assistance; $4,000.00 be allocated to provide social and
recreational activities for senior citizens and handicapped adults and $4,898.50 be
allocated for large print books and books on tape for the visually and hearing
impaired. Trustee Vallad supported the motion. Vote on the motion. Yes: Walls,
Hopper, Baker, Bloom, Vallad and Strole; No: none; Absent: Dubre. The motion
carried by a 6 to 0 vote.
)=. Clerk Strole moved to authorize the Supervisor to enter into the agreements with
regard to a distribution of Block Grant Funds and to sign the application. Trustee
Hopper supported the motion. Vote on the motion. Yes: Walls, Hopper, Baker,
Bloom, Vallad and Strole; No: none; Absent: Dubre. The motion carried by a 6 to
0 vote.
2. HCMA, Environmental Education Center; Phase III
Supervisor Walls explained that this item is before the Board for approval of the adventure play
area, which includes mazes and a spray pad. This has been reviewed by the Planning
Commission, which recommends approval.
Clerk Strole asked where the temporary detention basin is located? Ms. Nyquist said it is a
permanent detention basin across from the entrance into the new parking lot. Clerk Strole asked
what the fall zone is? Ms. Nyquist explained that that is a safety requirement and requires six
feet clearance around each piece of play equipment.
• Supervisor Walls moved to approve Phase III of the HCMA plan date stamped
received October 14, 2003 with the inclusion of the explanatory letter from HCMA
dated October 20, 2003. Trustee Hopper supported the motion. Vote on the
motion. Yes: Walls, Hopper, Baker, Bloom, Vallad and Strole; No: none; Absent:
Dubre. The motion carried by a 6 to 0 vote.
7
Township of
MINUTES OF
HELD
Springfield
REGULAR MEETING
Noveinber 13, 20 0 3
Nancy Strole, Clerk
M- I-F' I lin 111e91rt 1111, f loot. Mteltipri
3. Meadowlands Residential Development: Request to amend approved sit
plan
Supervisor Walls explained that this item is a request to eliminate the required sidewalk from th
west side of Wildflower Way. Supervisor Walls commented that he believes this request i
reasonable but some of the reasons are shallow. The fact that no one read the associatio]
documents and did not know what was required is not a good reason. However, if the resident
would like to put the money elsewhere for something that would get used is appropriate. H
personally believes that an asphalt sidewalk should probably not be approved in the future am
sidewalks should be required to be concrete.
Clerk Strole said she concurs with the request and agrees that asphalt sidewalks will not hold uP
well. There are a limited number of homes and believes it should not require a sidewalk. Cler ,
Strole said she did walk the trail and believes it is well used. She likes the idea of using th
money for enhanced landscaping but does request that the residents use native plants and sta31
away from chemical fertilizers.
Trustee Hopper said 13 units is on the border of not needing a sidwalk and he is glad the
residents are using the pathway.
Trustee Baker said he concurs with the other Board Members reasons. The desire to minimiz
hard surfaces is important and after seeing this asphalt path, he would support deleting tha
requirement.
Trustee Vallad said he would not support the request to eliminate the sidewalk. The sidewalk o
one side of the road was a compromise at the time this plan was before the Planning Commissio
because there were only 13 homes. There was discussion at that time if 13 was an appropriat
number of homes and it was a conscious decision to install the sidewalk on one side.
Clerk Strole asked if we have any idea what the cost would have been for the sidewalk, in orde
to follow up on the residents intention to utilize the funds for the trail or landscaping? Mr. Da
LaForest of 9318 Wildflower Way confirmed that they would be using the funds elsewhere bu
does not know how much money is involved.
Trustee Bloom said she feels a sidewalk is nice for residents but if the residents agree they do no
want it, she would concur with the elimination.
D Clerk Strole moved to waive the sidewalk requirement in the previously approve
site plan for Meadowlands conditioned on utilization of the funds that would hay
been used for constructing the sidewalks to be used for either improvements an
repairs to the existing nature trail or landscaping improvements in th
development using native plants and not using chemical fertilizers or to use th
funds for a combination of those two projects. Trustee Bloom supported th
motion.
8
Clerk Township of Springfield -Nancy-Strolei
Form M- I-PI The nenen Press, Inc, F11Aicljigen
MINUTES OF REGULAR MEETING
HELD November 13, 20 03
Supervisor Walls commented that he does not disagree with waiving the sidewalk requirement
but does not agree with the conditions in the motion. He does not think the conditions have
anything to do with whether or not there should be a sidewalk. Supervisor Walls said what the
residents would like to do is an excellent suggestion but making it a condition of waiving the
sidewalk begs the issue. The requirement to put in a sidewalk is not the developers, it is the
resident's.
)=. Clerk Strole amended her motion to waive the sidewalk requirement in the
approved site plan for Meadowlands development. Trustee Bloom supported the
amended motion. Vote on the motion. Yes: Walls, Hopper, Baker, Bloom and
Strole; No: Vallad; Absent: Dubre. The motion carried by a 5 to 1 vote.
4. Fire Department: Hiring Request
Dr. Stuart Etengoff, 9163 Kelly Lake Dr., Springfield Township, said he is an emergency
physician at Genesys Regional Medical Center and the medical director of Springfield Township
Fire Department as provided by Oakland County Medical Control Authority. He believes this
step is needed and in the right direction and Fire Chief Oaks has seen the need for this in the
community. Dr. Etengoff said over 60% of the fire department runs in the past year have been
medically related. By providing these two positions, which will be basic medics, would be
improving our response times and also the Monday to Friday, 9 to 5 response.
Supervisor Walls commented, regarding a page out of the Fair Labor Standards Act for State and
Local employees (copies provided to all Board Members), using a seven day work period,
firefighters are not required to be paid overtime until after 53 hours per week. Supervisor Walls
said we still need to revise our policy regarding work schedule. Seven hours per day would need
to be changed to eight. The overtime rate is anything over 35 hours in our current policy and
would have to be changed. Any reference to work week, full time and so forth, that now is 35
hours would need to be changed to 40 hours.
• Clerk Strole moved to authorize hiring two (2) full-time firefighters effective
January 1, 2004 based on a 40-hour work week and as set forth in the outline
dated November 6, 2003. Trustee Vallad supported the motion.
Mrs. Diane Wozniak, noted regarding Dr. Etengoffs letter which states "Springfield Township
carries the lowest level compared to." She asked, compared to what? Dr. Etengoff said
compared to a level provided by basic level emergency technicians responding to backup
provided by the private ambulance or surrounding communities.
• Vote on the motion. Yes: Walls, Hopper, Baker, Bloom, Vallad and Strole; No:
none; Absent: Dubre. The motion carried by a 6 to 0 vote.
5. SBC Metro Act Application
9
Township of Springfield
Form M• 1•P I
Nancy Strole, clerk
MINUTES OF REGULAR MEETING
HELD Novelnber13, 20 0 3
D Supervisor Walls moved that the Board authorize the Supervisor to sign the Metr(
Act permit for Michigan Bell Telephone, DBA SBC as presented revision #1 in till:
evenings meeting. Trustee Hopper supported the motion. Vote on the motion
Yes: Walls, Hopper, Baker, Bloom, Vallad and Strole; No: none; Absent: Dubre
The motion carried by a 6 to 0 vote.
6. Zoning Ordinance Amendment, First Reading: Screening between uses
Section 16.06.3a
Supervisor Walls explained that the intent of this amendment is to place some flexibility in thd
location of the screening. Currently the ordinance requires screening to be totally on thd
property line. The Board of Appeals has dealt with one variance request regarding this issue and
the Planning Commission previously reviewed some fairly comprehensive buffer changes and
requirements.
Supervisor Walls asked Trustee Vallad if the next step of this would move reasonably fast?1
Trustee Vallad said, yes. He explained that Dick Carlisle would be providing information and
revisions to his initial language would be ready after the first of the year. The purpose of thi
was to bring this issue forward now, not knowing exactly how long it would take to change som
of the other issues raised. Supervisor Walls said, if there is no urgency, why should we adopt
ordinance amendment when we may be amending the amendment within a couple of months
Trustee Vallad said it would probably be spring before this comes back to the Board for mor
amendments.
Clerk Strole commented that if there is an urgency to this, then we should publish for secon
reading. However, it will get confusing dealing with the same provision and within a matter o
months we are making amendments to amendments.
Trustee Bloom said she would concur with Clerk Strole.
Trustee Baker asked, without the amendment, would it put the Planning Commission in som
type of jeopardy with an upcoming plan? Supervisor Walls said it could be handled at the Boar
of Appeals level.
D Supervisor Walls moved that the Board table this item until the February 200
meeting. Trustee Vallad supported the motion. Vote on the motion. Yes: Walls
Hopper, Baker, Bloom, Vallad and Strole; No: none; Absent: Dubre. The motio
carried by a 6 to 0 vote.
7. Employee Policy Manual Review
10
MEE
November 11, 2041
GOL'A MINUTES OF
HELD
Township of Springfield NaneY-Strelei
Form M-1-PT The Filenle Fhess, Inc ,FInh. MichIrian
Clerk Strole suggested that it is a good idea to retain the suggested law firm but to give Treasurer
Dubre the task of working with this with respect to policy content since she has a human
resources background.
Supervisor Walls said he would agree with that suggestion and suggested that each Board ,
member review the policies and from their perspective, provide suggestions. The Board
Members unanimously agreed.
> Clerk Strole moved to authorize retaining Vercruysse Murray & Calzone to
update the Township Policy Manual at a cost not to exceed $7,500.00 and also to
request the Township Treasurer serve to review the policy manual with respect to
policy content and solicit input from the Township Board Members and
subsequently submit comments and recommendations back to the Township
Board. Trustee Bloom supported the motion. Vote on the motion. Yes: Walls,
Hopper, Baker, Bloom, Vallad and Strole; No: none; Absent: Dubre. The motion
carried by a 6 to 0 vote.
8. Cellular Phone Service
Supervisor Walls explained that this is a no-contract service so we could cancel at any time. The
special rate on the phones was $0.99 each.
> Supervisor Walls moved to authorize an agreement with Nextel for cellular phone
service using their government rates for five (5) phones, three of which would be
charged off to the Building Department and two to the Assessing Department.1
Trustee Bloom supported the motion. Vote on the motion. Yes: Walls, Hopper,1
Baker, Bloom, Vallad and Strole; No: none; Absent: Dubre. The motion carried'
by a 6 to 0 vote.
9. Phase II Contracts
Clerk Strole explained that we previously authorized funding for a development of the watershed
management plan and for public education to be provided by the Clinton River Watershed
Council. This is part of the Phase II storm water management requirements, which are mandated
by the Federal Governments through the State under the Federal Clean Water Act.
Clerk Strole suggested adding a sentence in both contracts to the effect that the Charterll
Township of Springfield is acting on behalf of the six communities involved in the Upper
Clinton Subwatershed Group. She suggested adding language to that effect to the agreements
with Carlisle/Wortman and with Clinton River Watershed Council.
Supervisor Walls asked Clerk Strole if there is a problem revising the agreements to show the
cost share breakdown as an exhibit. Clerk Strole said that would be fine.
Clerk
11
Township of
Form M.1-PT
MINUTES OF
HELD
Springfield
REGULAR MEETING
November 13' 20 0 3
Nancy Strnle, Clerk
The Riegle Press. Inc.. Flint, Michigan
Trustee Vallad moved to authorize the Supervisor to enter into the agreements as
presented this evening with the addition that the figures supplied to the Board this
evening separately related to the cost by community for the two agreements be
added as an exhibit to both agreements as part of the agreement. Trustee Hopper
supported the motion. Vote on the motion. Yes: Walls, Hopper, Baker, Bloom,
Vallad and Strole; No: none; Absent: Dubre. The motion carried by a 6 to 0 vote.
Other Business:
1. Kalabat Construction vs. Charter Township of Springfield
Supervisor Walls said that Greg Need's suggestion was that the Board look at this in concept and
make appropriate comments. In reference to the Consent Judgment language, we would leave
the final draft to the Attorney, Clerk and Supervisor. The Board Members agreed that there is no
reason to go into Closed Session regarding this issue.
Supervisor Walls asked if the plaintiffs have met all the suggested changes that the committee
asked to have done? Trustee Hopper and Clerk Strole, having served on the committee,
confirmed that the plaintiffs have met all requirements and recommendations, with minor
changes.
Supervisor Walls said, regarding the shared access areas, lots 19 and 20 are wider than they need
to be. The driveway needs to be constructed to the actual northern end of unit 19 rather than as
proposed all the way through with no benefit to adding extra blacktop.
Clerk Strole displayed a marked up plan by Trustee Hopper and her moving the western
boundary of Lot 19 farther away from the wetlands and the opposite lot line closer to the woods.
Supervisor Walls said, conceptually, he believes the plan is excellent. Minor details can be
worked out before final. Attorney Need added a provision having to do with the Overlay
District, Section 17.12, page 3. Supervisor Walls said, in his opinion, it does not need to be there
at all because they may have met the intent in 90 to 95% of the letter of the ordinance
requirements with the ecological report submitted in September of 2002. Clerk Strole said she
would concur.
Clerk Strole noted in paragraph 1.1, the last revision date should read 10/27/03 not 08/08/03 as
stated.
Trustee Baker said there is a note that indicates that only lot 20 would have its own septic and lot
19 needs to be added.
Supervisor Walls moved that the Township Board approve entering into the
Consent Judgment drafted by the Township Attorney which accompanied his
November 3, 2003 transmittal letter to Zora Johnson with the change in paragraph ,
12
Form M-1-PT The Riegle Press, Inc , Flee, Michmen
Nancy Sttole, TownKp Clerk
MINUTES OF REGULAR MEETING
HELD . November 13, 20 03
Township of Springfield Nancy Strole, Clerk
1.1 of the last revision date should be 10/27/03 and a revision of 2.2 acceptable to
the two attorneys indicating that the applicant has met the intent of Section 17.12
with the ecological report for Wilderness Estates prepared by King and McGregor
Environmental Incorporated submitted August 26, 2002 and with a revision to
Section 3.1.2 to read "A conservation easement to a [local land] conservancy of..."
Trustee Hopper supported the motion. Vote on the motion. Yes: Walls, Hopper,
Baker, Bloom, Vallad and Strole; No: none; Absent: Dubre. The motion carried '
by a 6 to 0 vote.
Public Comment:
Mrs. Diane Wozniak noted that at the end of the last meeting Supervisor Walls asked her to
present a list of people interested in preserving the former Township Hall. She did provide that
list and asked the Board what the next step is? Supervisor Walls said if someone wants use of
the hall, they simply ask. Mrs. Wozniak said she would like to hold a special meeting and would
like the Board members to be present.
Adjournment:
Hearn no other business, Supervisor Walls adjourned the meeting at 10:24 p.m.
7/( !
Collin W. Walls, Township Supervisor
13
MINUTES OF
HELD
REGULAR MEETING
November 13 , 20 0 3
Township of
Form M.1-PT
Springfield Nancy Strnie, Clerk
The Riegle Press. Inc , Flint, Michigan
HELD
Townshipofspringfield
November 13, 20 03
Nancy Strole, Clerk
Form M-1 -PT
The Alec)le Press Inc ,Firni, Mchichen
ILLS PRESENTED FOR PAYMENT:
etty Cash
ean Baker
Mon Central
Michigan Society of Planning
N One Lawn Care
1Nancy Strole
ikrIene Badgley
UNUM
Spring Mountain
OCATS
1Sentech Services, Inc.
Collin Walls
Kirco Management Services, Ltd
Focal
Pontem Software by RIA
Vicki Sievers
Kerton Lumber Co.
Heidi Grunwald
SBC
Observer & Eccentric
Oakland County — No Haz
Waterland Office Machines, Inc.
Kaleidoscope Foundation
Business Forms Service, Inc.
Oakland County Treasurer's Assoc
Greg Zamenski
Hubbell, Roth & Clark
Adkison, Need & Allen
Carol Putnam
Consumers Energy
Pitney Bowes
Resource Data Systems Corp.
U S Postal Service • •
TOTAL
GENERAL FUND
$ 12.62
580.84
15.82
120.00
380.00
761.79
544.93
290.85
47.25
60.00
999.00
66.60
9,553.91
792.04
438.00
73.44
65.44
34.56
177.92
471.00
385.00
49.50
1,659.54
1,138.34
50.00
516.39
4,684.15
4,683.43
769.57
59.28
564.00
398.50
1,500.00
$ 31,943.71
1.n
20 03
Nancy Strole, Clerk
MINUTES OF ALUILLA,K_ALAWALIL
HELD November 13,
Townshipspringfield
Form M• 1 -PT
The Noel:lie Press, Inc .Firni Michigan
Additional Disbursements:
Carlisle/Wortman Assoc.
IDetroit Edison — Street Light
Oetroit Edison
Michigan Riparian
Michigan Society of Planning
Michigan Township Assoc.
1Municipal Benefit Services
Nextel Communications
!Road Comm. for Oakland County
'Office Products Outlet
Quill
'Sentech Services, Inc.
United Wisconsin Group
1:Susan Weaver
TOTAL
GRAND TOTAL
BILLS PRESENTED FOR PAYMENT:
All N One Lawn Care
Marian Hillman
UNUM
Oakland County Sheriffs Dept.
SBC
Talk America
Battery Products, Inc.
Consumers Energy
; Cummins Bridgeway
' Eaton Detroit Spring, Inc.
Kerton Lumber Co.
'Douglas Safety Systems, LLC
C&S Motor, Inc.
Auto Parts by Mazza
Michigan Water Conditioning
' W. Joe Miller
$ 8,633.09
1,247.83
24.31
8.00
30.00
250.00
4,171.68
49.58
28,858.56
200.00
265.70
1,008.00
171.68
615.00
$ 45,533.43
$ 77,477.14
FIRE FUND
$ 85.00
184.81
28.75
1,145.00
43.31
160.00
76.34
164.68
165.79
251.25
9.40
23.03
994.61
110.88
22.50
741.50
TOTAL
;Additional Disbursements:
Detroit Edison
Municipal Benefit Services
Nextel Communications
'Petty Cash
.SBC
lUnited Wisconsin Group
TOTAL
GRAND TOTAL
MINLITES OF REGULAR NiLETIT.G
HELD November 13, 20-03
Township_of -Springfield--- Nancy-Strolei
Inc Riegle Press Inc ,FhnI. Michrgar,
Clerk
Form M-1-PT
Moore Medical
hyette & Associates, Inc.
Joseph Mercy Prof. Pharmacy
'Suburban Office & Jan. Supplies
Tr-County Court Services, Inc.
Waterland Office Machines, Inc.
104.95
96.25
102.89
39.96
208.93
40.00
49.50
$ 4,849.33
$ 262.91
761.79
/07.57
33.61
26.00
17.02
$ 1,308.90
$ 6,158.23
BILLS PRESENTED FOR PAYMENT: POLICE FUND
Oakland County Sheriffs Department $ 78,710.70
TOTAL $ 78,710.70
GRAND TOTAL $ 78,710.70
BILLS PRESENTED FOR PAYMENT:
General Fund
TOTAL
GRAND TOTAL
CABLE TV FUND
$ 258.00
$ 258.00
$ 258.00
BILLS PRESENTED FOR PAYMENT: CIVIC CENTER DEBT FUND
NONE
rorm M-1 .PT The Riegie Press Inc , Flint Michigan
MINUTES OF REGULAR MEETING
HELD November 13, 20 03
Township °No-ringZeid Nancy Strole, Clerk
BILLS PRESENTED FOR PAYMENT: BUILDING DEPT FUND
Code Enforcement Services, Inc. $ 1,854.00
Roger Houck 1,468.08
General Fund 4,597.50
UNUM 30.62
Charles B. Warner 2,290.63
Time Koerber 1,852.74
John Leonowicz 4,048.60
Derek Place 150.30
Oakland Microfilm Corp. 3,451.50
Oakland County Building Officials Assoc. 25.00
TOTAL $ 19,768.97
Additional Disbursements:
Code Enforcement Services. Inc.
Municipal Benefit Services
Nextel Communications
United Wisconsin Group
TOTAL
GRAND TOTAL
$ 1,620.34
761.79
99.16
18.50
$ 2,499.79
$ 22,268.76
BILLS PRESENTED FOR PAYMENT: LAKE IMPROVEMENT FUND
Inland Lakes Weed Harvesting — Dixie Lk. $ 8,300.00
Progressive - Dixie Lk. 1,625.00
Aqua Weed Control, Inc. — Dixie Lk. _ 768.80
TOTAL $ 10,693.80
GRAND TOTAL $ 10,693.80
GRAND TOTAL FOR ALL FUNDS $ 195,566.63
ChecL, 31778 through 31923
FISCAL NOTE (MISC. #03355) December 11, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: SHERIFF'S OFFICE - ESTABLISHMENT OF STANDARD LAW ENFORCEMENT SERVICES
AGREEMENT WITH THE CHARTER TOWNSHIP OF SPRINGFIELD, JANUARY 1,2004 - DECEMBER
31, 2008
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 County of Oakland and the Oakland County Sheriff have contracted
with the Charter Township of Springfield to provide law enforcement
services to this community for several years.
2. The current Law Enforcement Service Agreement with the Charter
Township of Springfield will expire on December 31, 2003.
3. The Charter Township of Springfield has expressed an interest in
entering into a new, five (5) year, law enforcement service
agreement.
4. The new law enforcement service agreement will continue funding one
(1) Detective Sergeant and nine (9) Deputy II (W/Fill) positions.
5. Any impact on revenues derived from signed agreement will be
presented as a first quarter amendment for FY 2004. No budget
amendments are required at this time.
FINANCE COMMITTEE
4,t,cieery
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #03355 December 11, 2003
Moved by KowaII supported by Suarez the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coulter, Crawford, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin,
Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard.
(22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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
December 11, 2003 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 11th day of December, 2003.
#dorAfitl
G. William Caddell, County Clerk
Iffij , ,