HomeMy WebLinkAboutInterlocal Agreements - 2016.02.17 - 31127
Memorandum
To: Pat Davis, Oakland County Corporation Counsel
CC: Deanna Fett-Hylla, Corporation Counsel, Oakland County
From: Ida Herron – Clerk/Register of Deeds – Elections Division
Date: 2/26/2016
Re: MR #16026
Enclosed is a copy of the Oakland County Sheriff’s Office 2016 Law Enforcement Services Agreement with Paint Creek Trailways Commission. They have been sent to the Office of
the Great Seal.
If you have any questions, please call 248-858-9454.
February 26, 2016
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 February 17, 2016, the Board of Commissioners for Oakland County entered into an agreement per MR #16026 –
Sheriff’s Office – Paint Creek Trailways Contract for Law Enforcement Services for the 2016 Season.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed Contract with Oakland County and Paint Creek Trailways Commission and the authorizing Board of Commissioners Resolution are enclosed for filing by
your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph J. Rozell, Director of Elections Oakland County Clerk/Register of Deeds
County Service Center, Building #12 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
Director of Elections
Cc: Pat Davis, Corporation Counsel, Oakland County Deanna Fett-Hylla, Corporation Counsel, Oakland County
Dale Cunningham, Business Manager, Oakland County Sheriff’s Department David Becker, Chairperson, Paint Creek Trailways Commission
Enclosures
Memorandum
To: David Becker, Paint Creek Trailways Commission, Chairperson
CC:
From: Ida Herron – Oakland County Clerk/Register of Deeds – Elections Division
Date: 2/26/2016
Re: MR #16026
On February 17, 2016 the Oakland County Board of Commissioners adopted Resolution #16026 – Sheriff’s Office – Paint Creek Trailways Contract for Law Enforcement Services for the 2016 Season. A copy of the contract is enclosed. They have been filed with the
Office of the Great Seal. If you have any questions, please call 248-858-9454.
REGULAR MEETING of the PAINT CREEK TRAILWAYS COMMISSION
Paint Creek Cider Mill Building, 4480 Orion Road
Oakland Township, Oakland County, Michigan 48306
CALL TO ORDER: The Tuesday February 16, 2016 meeting was called to order by
Chairperson Becker at 7:00 p.m.
Voting Members Present: Rock Blanchard, Susan Bowyer, Frank Ferriolo, Linda Gamage, Kim
Russell, Alice Young
Voting Alternates Present: Martha Olijnyk
Non-Voting Alternates Present: David Becker, Jim Kubicina, Lynn Loebs (enter 7:06 p.m.)
Village of Lake Orion Non-Voting Member Present: Brad Mathisen
Voting Members Absent: Neal Porter, Andy Zale
Alternates Absent: Mike Bailey, Ben Giovanelli, Lisa Sokol, Richard Schultz, Donni Steele
Village of Lake Orion Non-Voting Alternate Absent: Doug Hobbs
Others Present: Kristen Myers, Trail Manager, Chris Gray, Administrative Assistant, Sandi
DiSipio, Recording Secretary
PLEDGE OF ALLEGIANCE: All rose and recited the Pledge.
APPROVAL OF AGENDA:
MOTION by Bowyer, seconded by Olijnyk, Moved, to approve the February 16, 2016 agenda as
presented.
Ayes: All Nays: None MOTION CARRIED.
PUBLIC COMMENT: None
CONSENT AGENDA:
a. Minutes – January 19, 2016 Regular Meeting, approve and file
b. Treasurers Report – January 2016, receive and file
MOTION by Young, seconded by Blanchard, Moved, to approve the Consent Agenda as
presented.
Ayes: All Nays: None MOTION CARRIED.
APPROVAL OF INVOICES: Ms. Myers presented the invoices in the amount of $906.17. In
addition to the recorder’s monthly fee, this amount includes Oakland County Mounted Patrol
services through the end of November 2015 and office operating expenses. Estimated unrestricted
fund balance is approximately $83,000.
MOTION by Gamage, supported by Young, Moved, that the invoices presented for payment are
approved in the amount of $906.17 and orders be drawn for payment.
Ayes: All Nays: None MOTION CARRIED.
Paint Creek Trailways Commission
Minutes of February 16, 2016 Meeting
2
APPROVAL: Trail Manager and Administrative Assistant Job Descriptions: Updated
descriptions have been provided. A motion was made by Blanchard, seconded by Young, to
approve the Trail Manager description as presented. Discussion followed relative to the
Manager’s responsibility of events. Mr. Ferriolo suggested that under Events, #1 is covered
under Management Responsibilities #8, and that the wording of Events #1 be changed to “direct
and coordinate events, volunteers and promotions and to solicit event sponsorships”. It was
suggested that a #10 be added under Management Responsibilities – “communicate with any
contracted staff as directed by the Commission”. Mr. Ferriolo made a motion to amend the
original motion to include changes to Events #1. The amendment was seconded by Bowyer.
Discussion ensued relative to Commission events versus the Friends events. Ms. Myers
explained it is the Commission’s job to set what events they want and to solicit volunteer support
from the Friends Group, and those that are available can help run those events on the
Commission’s behalf. If they choose not to, the Commission is on their own to run that event.
The Friends Group can run their own events. It was stated that the intention of the Commission
was to split responsibility for event coordination between the Manager and Assistant – the way to
do that is to turn down the amendment to the motion, and to pass the original motion to approve
the description as presented. The Assistant’s description can be then be amended to plan and
execute the two annual events. The Commission is not in consensus with the job descriptions and
would like to see updated descriptions before voting approval. Mr. Ferriolo then suggested his
amendment read “manage and coordinate events, volunteers and promotions and to solicit event
sponsorships”. Mr. Blanchard withdrew his motion, and suggested a postponement to the next
meeting. Mr. Ferriolo withdrew his amendment.
MOTION by Blanchard, seconded by Olijnyk, Moved, to postpone action on this item until the
next meeting to take into account the suggested changes.
Ayes: All Nays: None MOTION CARRIED.
It was suggested no bullet points be listed under Events in the Manager’s job description – list
them under Management Responsibilities. In the Administrative Assistant’s description, it is
suggested to add a separate events section – #3, 4, 5, 6 and 7 in Publicity can be added there. In
the Publicity/Public Relations section, it was suggested #2 be reworded to read “plan and execute
Trailways community events as directed by the Commission. The requirement for being CPR
certified and the knowledge of native plants could be listed as desired skills rather than a required
skill. The requirement for Wordpress and Quickbooks should be listed on the Manager’s
description. Remove the requirement of owning a bicycle. Qualifications/skills required should
be listed as possible requirements through tenure, not on a daily basis. Ms. Myers was asked to
make the suggested changes to the descriptions, email them to the subcommittee, and then to the
Commissioners to review as an information item without discussion.
APPROVAL: Agreement with Friends of the Paint Creek Trail: Ms. Young indicated she
checked with several groups, and not one has to pay $1.00 to use the address of their host
company. The Orion Library provides space free of charge for other groups to use their facilities.
She is disappointed and angry that this has been brought up. The Friends Group has raised
thousands of dollars and has spent thousands on amenities.
MOTION by Young, Moved, to reject the proposed resolution to allow the Friends Group to use
the Trailways address and phone number. There was no second to the Motion. The Motion dies
for lack of a second.
MOTION by Ferriolo, seconded by Blanchard, Moved, to approve the Resolution as presented
without the $1.00 provision.
Paint Creek Trailways Commission
Minutes of February 16, 2016 Meeting
3
Mr. Ferriolo explained why the resolution was proposed. There should be something on record
showing the relationship between the Trailways Commission and the Friends Group, and that the
Commission approves the Friends Group using their address. Mr. Blanchard values the Friends
Group and feels the Resolution solidifies the relationship between the two groups.
Resolution #2016-01 to Provide Assistance to the Friends of the Paint Creek Trail
WHEREAS, the Paint Creek Trailways Commission, an intergovernmental agency, owns,
manages, and operates the 8.9 Paint Creek Trail in Oakland County, Michigan; and
WHEREAS, in 2010, the Paint Creek Trailways Commission encouraged and supported the
development of the non-profit organization Friends of the Paint Creek Trail whose mission is to
support the use, maintenance, and improvement of the Paint Creek Trail; and
WHEREAS, the Friends of the Paint Creek Trail have provided event support, volunteers, and
education about the Paint Creek Trail on behalf of the Paint Creek Trailways Commission; and
WHEREAS, the Friends of the Paint Creek Trail have successfully donated their time and effort
to raise funds for Paint Creek Trail improvements; and
WHEREAS, the Friends of the Paint Creek Trail are comprised of volunteers only, without any
staff or physical office.
NOW, THEREFORE, BE IT HEREBY RESOLVED THAT the Paint Creek Trailways
Commission of Oakland County, Michigan, supports the use of the Trailways Commission
mailing address, physical address, and phone number by the Friends of the Paint Creek Trail for
correspondence, merchandise storage, and event supply storage, and further resolves that the
Trailways Commission staff may provide basic administrative support such as making bank
deposits, phone and electronic communication assistance, and event coordination assistance to the
Friends of the Paint Creek Trail.
Ayes: Blanchard, Bowyer, Ferriolo, Gamage, Olijnyk, Russell
Nays: Young
Absent: Porter MOTION CARRIED.
DISCUSSION: Memorandum of Understanding: Maintenance & In-Kind Services: Ms.
Myers indicated this is just a preliminary discussion. A memo was included in the packet
summarizing the background. When the Commission was first formed and the property was
acquired, there was a “gentlemen’s agreement” that each community would take care of the
maintenance of their section of the trail. It was also agreed that in-kind services would be used to
keep the budget down wherever possible. These in-kind services in place now were set in the
very beginning. Because there has been a change of personnel and members of the Board, it is
thought it might be good to put an agreement together for future staff and Boards so that they
understand what their responsibility is towards the trail. Ms. Myers put together a draft Memo of
Understanding, but is not looking for approval this evening. When the document is finalized, Ms.
Myers will take it to the communities to discuss it with them before presenting it to each member
community for approval. On page 16, under #7 – it should read “install and replace signage”.
This Memo of Understanding reflects the current maintenance practice. Ms. Russell indicated the
document might be confusing as Rochester thought their payment to the Trailways was part of
taking care of the trails. It sounds like each community is pitching in for everyone instead of
every community doing their own maintenance. She also had a concern with the wording on the
Paint Creek Trailways Commission
Minutes of February 16, 2016 Meeting
4
last page relative to cooperating in the event of lawsuits. Ms. Myers indicated she used a
template from someone else for this document. It was agreed that the last sentence of the
document should be removed. It was suggested the document be reviewed by each community’s
attorney. So it is clear that this is nothing new to the communities, it was suggested on page 16,
before the numerical listing, the wording should read “therefore, all communities agree to
continue to:”. Ms. Myers agreed to present the final document in a future presentation to all the
member communities. Perhaps the document should be a “Reaffirmation” of Understanding of
Maintenance Responsibilities. The statement “the member communities agree to continue the in-
kind services that it has been providing for the last 20 years, pursuant to the interlocal agreement”
should be included. Under #2 on page 16, change the word “large” to “hazardous”. It was
suggested that each community’s Parks Department or budget be researched to see if trail
maintenance is specifically spelled out. It was also suggested that something could be put into
the actual budget about this issue, so the actual Memo of Understanding may not be necessary.
Ms. Myers plans on meeting with all the Parks staff in the spring and could possibly bring up the
in-kind services issue. More information forthcoming on this topic.
DISCUSSION/APPROVAL: National Trails Day – Garlic Mustard Pull Budget: Ms.
Myers indicated a garlic mustard pull is planned for National Trails Day. She is soliciting
volunteers from high school students, scout troups and families. Ms. Gray was asked to develop
a budget based on 50-75 volunteers. Including lunch, plastic bags, work gloves, T-shirts, bug
spray, water and promotion – the cost is estimated between approximately $1,100 and $1,450.
The Friends Group agreed to pay for lunch and supplies. Ms. Myers asked if the budget is
satisfactory, does the Commission wish to put any money towards the cost, or make an official
request to the Friends Group to fund the event. Home Depot and REI will be approached for
volunteers and supplies. Other local sources of donations should be solicited rather than the
Friends Group. There is money in the promotional budget and in fund balance to cover the costs.
A demo on how the work needs to be done should be available for the volunteers.
MOTION by Blanchard, seconded by Olijnyk, Moved, to move forward with the Garlic Mustard
Pull event, using money out of the Trailways budget at a cost not to exceed $1,500, but with the
understanding that staff pursue donations from local businesses for some of the items.
Ayes: All Nays: None MOTION CARRIED.
MANAGER’S REPORT: In addition to her written report, Ms. Myers updated the Commission
on the timeline of the grant application for Oakland Township’s bridge replacement.
COMMISSIONER REPORTS: Ms. Russell reported on the work near the Clinton River Trail
and the subsequent detour.
ADJOURNMENT:
Upon motion by Young, seconded by Blanchard, the Chairperson adjourned the Regular Meeting
at 9:15 p.m.
Ayes: All Nays: None MOTION CARRIED.
NEXT MEETING: March 15, 2016 at 7:00 p.m. – Paint Creek Cider Mill Building
Respectfully submitted,
_____________________________________ _______________________________________
KRISTEN MYERS, Trail Manager ANDY ZALE, Trailways Secretary