HomeMy WebLinkAboutInterlocal Agreements - 2016.08.31 - 31119
July 12, 2017
Michigan Department of State
Office of the Great Seal Richard H. Austin Building, 1st Floor
430 W. Allegan Lansing, MI 48918
Dear Office of the Great Seal:
On August 31, 2016 the Board of Commissioners for Oakland County entered into an agreement per MR #16231 – MR
#16237 – Board of Commissioners – Pilot Local Road Improvement Program Fiscal Year 2016 Appropriation – City of Madison Heights – Concrete Repairs on Whitcomb Avenue – Project No. 2016-22.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of
Oakland and the City of Madison Heights, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds County Service Center, Building #14 East
1200 N. Telegraph Rd. Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell, CERA Director of Elections
Cc: Pat Davis, Corporation Counsel, Oakland County
Deanna Fett-Hylla, Corporation Counsel, Oakland County Shannon Miller, Deputy Clerk of the Board, Oakland County Road Commission
Cheryl Printz, Clerk, City of Madison Heights
Enclosures
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Regular Meeting
Madison Heights City Council
Madison Heights, Michigan
September 12, 2016
A Regular Meeting of the Madison Heights City Council was held on Monday,
September 12, 2016 at 7:30 p.m. in the Municipal Building at 300 West
Thirteen Mile Road, Madison Heights, Michigan.
Present: Mayor Hartwell, Mayor Pro Tem Bliss, Councilmembers Clark,
Corbett (left at 10:40 p.m.), Gettings, Scott and Soltis. City
Manager Myers, Assistant City Attorney Sherman, and
City Clerk Printz.
The invocation was offered by Councilman Clark followed by the Pledge of
Allegiance to the Flag.
CM-16-221. Presentation - Certificate of Appreciation – Lowe’s Store Manager Rob Spudowski.
City Manager Myers read the following into the record:
CERTIFICATE OF APPRECIATION
WHEREAS, Madison Heights resident Frederick Huard, is an eight-year combat
Vietnam War veteran who relies heavily on a motorized scooter for
mobility; and,
WHEREAS, the Veteran’s Administration does not supply veterans with
portable handicap accessible ramps; and,
WHEREAS, the Madison Heights Lowes Home Improvement Store has a
charity with a focus on United States Veterans; and,
WHEREAS, upon learning of Mr. Huard’s needs and at the request of
Councilman David Soltis, Store Manager Rob Spudowski of the
Madison Heights Lowes store facilitated the donation and
installation of a ten-foot portable aluminum ramp for Mr. Huard,
valued at seven-hundred and thirty-eight dollars; and,
WHEREAS, The donated ramp is collapsible and light enough to carry,
attaches to the porch, and features a winter tread for traction in
any weather.
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NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council
extend their heartfelt thanks to Mr. Rob Spudowski and the Madison Heights
Lowes Home Improvement Store for helping to increase the mobility, access,
and safety of one of our cherished Veterans, and extends this certificate as a
symbol of our appreciation for their civic minded contributions to the citizens
of Madison Heights.
Mayor Hartwell presented the Certificate of Appreciation to Mr. Spudowski.
CM-16-222. Presentation – Swearing in of Reserve Police Officer Kerr.
Police Chief Corey Haines introduced Police Reserve Officer Eric Kerr and
reviewed his background and qualifications.
City Clerk Printz administered the Oath of Office to Reserve Police Officer Eric
Kerr.
CM-16-223. Presentation - Resolution Commemorating September 11, 2001.
City Councilmember Soltis read the following resolution into the record:
RESOLUTION
WHEREAS, on September 11, 2001, terrorists hijacked four civilian aircraft,
crashing two of them into the towers of the World Trade Center in
New York City, a third into the Pentagon near Washington, DC,
and a fourth was prevented from also being used as a weapon
against America by brave passengers who placed their country
above their own lives; and,
WHEREAS, thousands of innocent Americans were killed and injured as a
result of these attacks, including the passengers and crew of the
four aircraft, workers in the World Trade Center and in the
Pentagon, rescue workers, and bystanders; and,
WHEREAS, fifteen years later the country continues to, and shall forever,
mourn their tragic loss and honor their memory; and,
WHEREAS, these attacks destroyed both towers of the World Trade Center, as
well as adjacent buildings, and seriously damaged the Pentagon;
and,
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WHEREAS, these attacks were by far the deadliest terrorist attacks ever
launched against the United States, and, by targeting symbols of
American strength and success, were intended to assail the
principles, values, and freedoms of the United States and the
American people, intimidate our Nation and weaken its resolve;
and,
WHEREAS, memorials have been constructed to honor the victims of these
attacks at the Pentagon, in Shanksville, Pennsylvania, and on the
World Trade Center grounds, so that Americans and people from
around the world can visit to mourn those lost and to pay tribute
to the heroic action and sacrifice of those who have served our
communities and our country in the years since the attacks; and,
WHEREAS, even after the fifteen years after September 11, 2001, the United
States continues to fight terrorists and other extremists who
threaten America and her friends and allies; and,
WHEREAS, the terrorist attacks that have occurred around the world since
September 11, 2001, remind us of the hateful inhumanity of
terrorism and the ongoing threat it poses to freedom, justice, and
the rule of law; and,
WHEREAS, United States law enforcement and intelligence agencies and allies
of the United States around the world have worked together to
detect and disrupt terrorist networks and numerous terror plots
since September 11, 2001, and have ensured that no attacks have
been carried out on American soil since that day; and,
WHEREAS, the Nation is indebted to the brave military, intelligence, law
enforcement, and civilian personnel serving in Afghanistan, Iraq,
and elsewhere in advancement of United States national interests;
and,
WHEREAS, thousands of families have lost loved ones in the defense of
freedom and liberty against the tyranny of terror; and,
WHEREAS, the passage of fifteen years has not diminished the pain caused by
the senseless loss of nearly 3,000 persons killed on September 11,
2001.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Madison Heights:
(1) recognizes September 11th as a day of solemn commemoration;
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(2) extends again its deepest sympathies to the thousands of innocent
victims of the September 11, 2001 terrorist attacks, and to their
families, friends, and loved ones;
(3) honors the heroism and the sacrifices of United States military and
civilian personnel and their families who have sacrificed much,
including their lives and health, in defense of their country;
(4) credits the heroism of first responders, law enforcement personnel,
state and local officials, volunteers, and others who aided the
victims of these attacks and, in so doing, bravely risked their own
lives and long-term health;
(5) commends the military and intelligence personnel involved in the
removal of Osama bin Laden; and,
(6) reaffirms that the American people will never forget the sacrifices
made on September 11, 2001, and will never bow to terrorist
demands.
CM-16-224. Business Licenses – Initial.
Motion by Councilman Clark, seconded by Councilman Corbett, to approve the
business license applications from Therapeutic Solutions, Inc., a physical
therapy facility, at 31131 Dequindre Road; Victoria’s Jewels, a jewelry shop, at
28731 Dequindre Road; Hookahs International, Inc., a hookah and cigar
lounge, at 1429 W. 14 Mile Road; Youval Group LLC dba Casa Real, a
restaurant, at 31313 Dequindre Road.; subject to approval by all City
Departments and in compliance with all City Ordinances.
Yeas: Clark, Corbett, Gettings, Soltis, Scott, Bliss, Hartwell
Nays: None
Motion Carried
CM-16-225. Special Approval No. 16-06 – 1650 E. 12 Mile Road –
Outdoor Seating at Existing Restaurant.
City Manager Myers reviewed the proposed Special Approval 16-06.
A public hearing was held at 7:46 p.m. to hear comments pertaining to
proposed Special Approval 16-06, allowing outdoor seating at an existing
restaurant.
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Seeing no one wishing to speak, Mayor Hartwell closed the public hearing at
7:47 p.m.
Motion by Councilman Corbett, seconded by Councilwoman Scott:
WHEREAS, a Special Approval Board application has been received from
Lawrence Bongiovanni requesting outdoor seating at 1650 E. 12
Mile Road in a B-1, Local Business District; and,
WHEREAS, a public hearing was published in the Madison Park News on
August 24, 2016 and notices were mailed to property owners
within 500 feet of the aforementioned property; and,
WHEREAS, a report has been received from the Community Development
Department stating:
LOCATION: 1650 E. 12 Mile Road
REQUEST: Special Approval to allow outside seating at a proposed
restaurant under Section 10.319(4) of the Zoning
Ordinance.
EXISTING ZONING: B-1, Local Business
EXISTING USE: Salvatore Scallopini
STAFF ANALYSIS:
1. Special Approval is required for outdoor seating at restaurants in the B-1
District. This location is currently being remodeled. As part of that
remodeling, Salvatore Scallopini is now seeking outdoor seating for 8
patrons on a patio in front of the proposed facility.
2. Parking meets the minimum requirements of the Zoning Ordinance.
Applicant proposes to share parking with the adjacent property to the
east to provide 4 additional parking spaces (3 are required). This is
permitted by the Zoning Ordinance.
3. Proposed Hours of Operation: Monday through Saturday: 11:00 am –
10:00 pm Sunday: 1:00 pm – 9:00 pm
4. The Site Plan Review Committee has reviewed the site plan and has no
additional comments to address.
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NOW, THEREFORE, BE IT RESOLVED, that the Madison Heights City Council,
acting as a Special Approval Board in accordance with Section 10.329(5) of the
Code of Ordinances, hereby approves outdoor seating in the B-1, Local
Business District at 1650 E. 12 Mile Road.
Yeas: Corbett, Gettings, Soltis, Scott, Bliss, Clark, Hartwell
Nays: None
Motion Carried
CM-16-226. Special Approval No. 16-05 – 800 E. 14 Mile Road – Outdoor Sales of Pumpkins and Christmas Trees.
City Manager Myers reviewed the proposed Special Approval 16-05.
A public hearing was held at 7:47 p.m. to hear comments pertaining to
proposed Special Approval 16-05, allowing outdoor sales of pumpkins and
Christmas Trees in the M-1, Light Industrial District.
Seeing no one wishing to speak, Mayor Hartwell closed the public hearing at
7:48 p.m.
Motion by Councilwoman Scott, seconded by Councilman Soltis:
WHEREAS, a Special Approval Board application has been received from Mike
Kanakrv requesting outdoor sales of pumpkins and Christmas
trees in the M-1, Light Industrial District.
WHEREAS, a public hearing was published in the Madison Park News on
August 24, 2016 and notices were mailed to property owners
within 500 feet of the aforementioned property; and,
WHEREAS, a report has been received from the Community Development
Department stating:
LOCATION: 800 E. 14 Mile Road
REQUEST: Special Approval to allow outdoor sales of pumpkins
and Christmas Trees in the M-1 District under Section
10.329(5) of the Zoning Ordinance.
EXISTING ZONING: M-1, Light Industrial
EXISTING USE: Vacant Parking Lot
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STAFF ANALYSIS:
1. Special Approval is required for outdoor sales in the M-1 District. This
location is a vacant portion of the parking lot for the Shannon Precision
Fastener. Applicant proposes to sell pumpkins, straw bales, cornstalks
and Christmas trees from 9-15-16 to 12-20-16. A 1,800 sq. ft. tent is
proposed and may be permitted as part of special approval.
2. Parking for the site exceeds the minimum requirements of the Zoning
Ordinance.
3. Proposed Hours of Operation: Monday through Sunday: 8:00 am – 9:00
pm
4. The Site Plan Review Committee has reviewed the site plan and has no
additional comments to address.
NOW, THEREFORE, BE IT RESOLVED, that the Madison Heights City Council,
acting as a Special Approval Board in accordance with Section 10.329(5) of the
Code of Ordinances, hereby approves outdoor sales of pumpkins and
Christmas Trees in the M-1 District at 800 E. 14 Mile Road.
Yeas: Gettings, Soltis, Scott, Bliss, Clark, Corbett, Hartwell
Nays: None
Motion Carried
CM-16-227. Police Department Perimeter Fence
Police Officer and Police Officers Union President Ed Malak requested that Item
D-1, Police Department Perimeter Fence, be moved forward on the agenda.
There were no Council objections.
Motion by Councilman Soltis, seconded by Mayor Pro Tem Bliss, to approve a
supplemental appropriation of $50,000 from the General Fund for the
purchase and installation of a perimeter security fence around the rear (north)
lot behind the Police Station., as follows:
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FY 2016-17 FY 2016-17 Adopted 09-12-16 Amended General Fund Budget Amendment Budget
Expenditures
101-301-9870-000 Improvements $67,000 $50,000 $117,500
101-851-9100-000 Insurance and Bonds $432,363 ($50,000) $382,363
Officer Malak noted that he was present with several of his colleagues and read
a statement in support of the need to secure the rear police lot with a perimeter
fence. He thanked City Manager Myers for presenting the item for City
Council’s consideration and to the City Council for considering the request.
Retired Police Officer and Crime Commission Chair Doug MacLean noted the
Crime Commission’s unanimous support of the perimeter fence.
Paul Sanders, 26433 Rialto, stated that the fence was a great idea for the
safety of our officers and to protect the vehicles, quoting “good fences make
good neighbors.”
Johnnette Eggert, a 15-year resident, stated that she stands in support of our
officers and believes that the fence is necessary.
Craig Brundage, 28549 Denise Street, spoke in support of the fence, noting
that residents go to bed and lock up and secure their belongings and so should
our police. Unfortunately, we are in a time where attacks and ambushes on
police officers exist, and the fence is needed for security. While it won’t be fail
safe, it will act as a deterrent.
Councilman Clark explained that the fence appropriation should have been a
budgeted item and should not have been added in the middle of the fiscal year.
This is a $50,000 expenditure that wasn’t planned. If the appropriation was
spent on equipment to be used by officers that are on duty and on the road, he
would not hesitate. Ambush is usually a well thought out plan and no fence
will stop a calculated plan. He added that most ambushes are on the road,
when an officer lets their guard down. By putting a fence up, we are showing
ISIS or any other group that we are afraid of them and that is just what they
want. He stated that he will reluctantly vote yes on the item, but it still should
have been a budgeted item. He added that he had served as a Reserve Officer
for 24 years, starting in the 1970s and has rode with every officer and
understands what they are experiencing.
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Councilman Corbett concurred with Councilman Clark’s comments, adding
that the problem is that the expenditure did not follow the established process.
No one on Council, to his knowledge, ever opposed the fence, but it is a lot of
money. What turned him from an “on the fence” to a yes vote is the present
times we are living in. Society has gotten awfully aggressive towards officers,
and he believes this is a reasonable step to take.
Councilman Gettings stated that the fence is a good idea; however, he hopes
that Council does not get into a habit of bringing forth items for consideration
that are not in the budget. In response to Councilman Gettings’ question,
Chief Haines stated that there may be safety issues with leaving the electronic
fence open during the Festival in the Park.
Mayor Pro Tem Bliss stated that he believes this is how the system is designed
to work. A need was identified and he appreciates staff finding savings in other
places. The City budgets the best we can, but times do change. He also stated
that he appreciates the time put into the budgeting process, but sometimes
changes do need to be made. In response to Mayor Pro Tem Bliss’s questions,
Chief Haines stated that the perimeter fence is a top safety priority for staff. He
continued that he sat down with Union representatives to discuss their top
safety concerns, including securing the parking lot and purchasing bullet proof
vests. All parties concurred that the perimeter fence was the most pressing
need. Other cities are or have taken steps to help with securing parking areas
for their officers including Royal Oak who are discussing underground parking
in their new facility should their budget allow for it; Midland has a cement wall
with gates; and the City of Warren uses an underground security garage.
Councilwoman Scott thanked the Police Department personnel for coming
forward and letting City Council know their need. She stated that she
considers this expenditure as an emergency, and Council does have the right to
address emergency expenditures. To her knowledge, this is the first time that
the police officers have come forward and told us of a specific need. She added
that she trusts the Department Heads to communicate what their department’s
needs are. She concluded her comments by noting that she was moved by the
petition and by the Crime Commission’s support of the purchase.
Councilman Soltis stated that he appreciates all of the officers coming to the
meeting today and he believes the fence is an important issue. He stated that
he wants the security fence because the officers want it, and he noted that they
know more about their needs than he ever will. He continued by stating that
police officers put their lives on line every day when they come to work. They
are here to protect and serve; they are the ones who see the worst in people.
As a community, sometimes we really don’t know who they are and we interact
with them only if we are in trouble or are getting in trouble. They are just like
us, they have family and friends, struggles and triumphs. At the end of the
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day, they want what is best for the community that they serve and work in. He
feels approving the purchase of the fence is something Council can do for them.
Roll Call Vote:
Yeas: Corbett, Gettings, Scott, Soltis, Bliss, Clark, Hartwell
Nays: None
Motion carried. CM-16-228. Meeting Open to the Public.
Gloria Moore, 27368 Dartmouth, stated that the Friends of the Madison
Heights Area Senior Citizens will be holding a meeting on Tuesday, September
20, 2016 at 7:00 p.m. at Wilkinson Middle School. All are welcome. She also
noted that the Cambridge East Nursing Home is looking for volunteers if
anyone would be interested in volunteering.
Jo-Ann Sztaba, 113 W Dallas, stated that she has always had her street
cleaned regularly, but hasn’t seen DPS street cleaning for over a month. The
City Manager confirmed that the City has an every-other week street cleaning
policy and he will have staff respond to the issue.
Wayne Peters, property owner at 30223 Longfellow, stated that on behalf of his
family, he would like to take the opportunity to thank City officials for listening
and taking action to try to resolve the matter discussed at the Council meeting
of August 9, 2016. His family appreciates the compassion, and he continued
that we knew going into this, there would be no winners. We pray that the
actions taken will help with the health and safety of all parties involved. He
offered any assistance he can to help to achieve the best solution for all those
involved.
CM-16-229. Jennifer DiPerna – Request to use Civic Center Park for Factor V Leiden Awareness Walk.
Motion by Councilman Corbett, seconded by Mayor Pro Tem Bliss, to approve
the request from Jennifer DiPerna to use Civic Center Park and Pavilion C on
Sunday, September 25, 2016 from 10:00 a.m. until 12:00 p.m. for the
Awareness Walk for Factor V Leiden and to waive the associated fees; subject
to compliance with the Council’s Policy on Uniform Insurance Requirements for
Special Events.
Yeas: Scott, Bliss, Clark, Corbett, Gettings, Soltis, Hartwell
Nays: None
Motion Carried
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In response to Council’s questions, City Manager Myers commented that staff
will prepare a future agenda item to modify the Park/Pavilion Rental Form to
provide for waiver requests.
CM-16-230. 2016 Oakland County Brownfield Consortium Agreement.
Motion by Councilman Corbett, seconded by Councilman Gettings, to approve
the 2016 Oakland County Brownfield Consortium Agreement and authorize the
Mayor and City Clerk to sign on behalf of the City.
Yeas: Bliss, Clark, Corbett, Gettings, Soltis, Scott, Hartwell
Nays: None
Motion Carried
CM-16-231. Oakland County Local Road Improvement Matching
Fund Pilot Project Agreement
Motion by Councilman Corbett, seconded by Councilman Gettings, to approve
the Oakland County Local Road Improvement Matching Fund Pilot Project
Agreement and authorize the Mayor to sign on behalf of the City.
Yeas: Bliss, Clark, Corbett, Gettings, Soltis, Scott, Hartwell
Nays: None
Motion Carried
CM-16-232. Police Department Replacement Vehicles
Motion by Councilwoman Scott, seconded by Councilman Gettings, to approve
the replacement purchase of one (1) 2016 Ford Police Interceptor Sedan at a
unit cost of $26,867 and one (1) 2017 Ford Interceptor Utility Vehicle at a unit
cost of $28,969 through the Macomb County Cooperative Purchasing Program
for a total amount of $55,836.
Yeas: Clark, Corbett, Gettings, Soltis, Scott, Bliss, Hartwell
Nays: None
Motion Carried
CM-16-233. Minutes.
Motion by Councilman Corbett, seconded by Councilman Soltis, to adopt the
minutes of the Joint DDA/City Council Town Hall meeting of August 18, 2016,
as presented.
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Yeas: Corbett, Gettings, Soltis, Scott, Bliss, Clark, Hartwell
Nays: None
Motion Carried
Motion by Councilman Corbett, seconded by Councilman Soltis, to adopt the
minutes of the Regular City Council Meeting of August 22, 2016, as presented.
Yeas: Gettings, Soltis, Scott, Bliss, Clark, Corbett, Hartwell
Nays: None
Motion Carried
CM-16-234. Executive Closed Session.
Mayor Hartwell announced that the City Council will be continuing the Closed
Executive Meeting that recessed prior to the start of this evening’s City Council
meeting. The City Council meeting will therefore be recessing and reconvening
after the conclusion of the Special Council meeting. He then opened the floor
up for Mayor and Council comments prior to recessing the meeting.
CM-16-235. Mayor and Council - Comments.
Councilman Corbett announced that Friday Office Hours will resume at the
Library from 1 p.m. to 3 p.m. Please feel free to stop by and he noted that if
there is someone you are interested in talking to specifically, please call the
City Manager’s office to facilitate. He expressed his condolences to the Gibson
family, who suddenly lost their son. He continued that the whole Gibson
family is service oriented, including their son who served in the military. Our
thoughts go out to the family.
Mayor Pro Tem Bliss shared that Lamphere High School invited alumni to join
the stage as part of a student fundraiser for a trip to the Edinburgh Fringe
Festival in Scotland. He continued that the show was amazing and included
40 alumni, including Mayor Hartwell. It was great to spend time with the
students who are all hard working, young adults working towards this cause.
It was an amazing experience and he congratulated Rick and Judy Lewis for
directing the show and for putting the successful event together. He stated
that he was proud to have been a part of it.
Councilman Gettings stated that he was sorry for the Gibson family’s loss of
their son. He noted that Monroe Park is a beautiful park; the equipment is
new, it has a nice shelter, and he encouraged the public to visit it.
City Attorney Sherman had no comments this evening.
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City Manager Myers expressed his sympathy to the Gibson family.
Councilman Clark had no comments this evening.
Councilwoman Scott thanked all of the individuals who reached out to her after
her recent back surgery, noting they were the best medicine and gave her
positive vibes for her recovery. She apologized to the Peters family for their
circumstances and thanked them for working with the City towards a
compassionate resolution. She expressed her condolences to the Gibson
family. She noted that Jack and she recently celebrated their 20th wedding
anniversary and she thanked him for taking care of her and stated that she
loves him very much.
Councilman Soltis welcomed Councilwoman Scott back after her surgery. He
thanked City Manager Myers and Chief Haines for their help on the fence
issue.
Mayor Hartwell had no comments this evening.
Mayor Hartwell recessed the meeting at 8:49 p.m. to continue the Closed
Executive Meeting.
Mayor Hartwell reconvened the Regular Council Meeting at 10:40 p.m.
It was noted for the record that all members were present except Councilman
Corbett.
CM-16-235. Excuse Councilmember.
Motion by Councilmember Gettings, seconded by Councilmember Soltis, to
excuse Councilmember Corbett for the remainder of the meeting.
Yeas: Soltis, Scott, Bliss, Clark, Gettings, Hartwell
Nays: None
Absent: Corbett
Motion Carried
CM-16-236. Litigation Directive – People v. Richard Lasley.
Motion by Mayor Pro Tem Bliss, seconded by Councilman Gettings, to accept
the recommendation of the Assistant City Attorney regarding pending litigation,
People v. Richard Lasley, as discussed in the Executive Closed Meeting.
Yeas: Scott, Bliss, Clark, Gettings, Soltis, Hartwell
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Nays: None
Absent: Corbett
Motion Carried CM-16-237. Adjournment.
There being no further business, the meeting was adjourned at 10:42 p.m.
Brian C. Hartwell Cheryl E. Printz
Mayor City Clerk
