HomeMy WebLinkAboutInterlocal Agreements - 2019.04.18 - 32659
January 8, 2020
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 April 18, 2019 the Board of Commissioners for Oakland County entered into an agreement per MR #19085 –
Department of Central Services – Establishment of a Comprehensive Central Support Services Interlocal Agreement.
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 Birmingham, 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
Donna Dyer, Corporation Counsel, Oakland County
Todd Birkle, Manager, Central Support Services, Oakland County
Cheryl Arft, Clerk, City of Birmingham
Enclosures
Memo
To: Pat Davis, Oakland County Corporation Counsel
From: Amy Norman, Oakland County Clerk’s Office – Elections Division
cc: Donna Dyer, Oakland County Corporation Counsel
Date: January 7, 2020
Re:
MR #19085 – Department of Central Services – Establishment of a
Comprehensive Central Support Services Interlocal Agreement – City of
Birmingham
On April 18, 2019 the Oakland County Board of Commissioners adopted MR #19085
– Department of Central Services – Establishment of a Comprehensive Central
Support Services Interlocal Agreement. Copies of these documents are attached for
your records. They have been filed with the Office of the Great Seal.
If you have any questions, please call me at 248-858-9454.
Memo
To: Todd Birkle – Manager – Support Services
From: Amy Norman, Oakland County Clerk’s Office – Elections Division
cc:
Date: January 7, 2020
Re: MR #19085 – Establishment of a Comprehensive Central Support
Services Interlocal Agreement – City of Birmingham
Good Morning-
I have attached copies of the documents for MR #19085 – Department of Central
Services – Establishment of a Comprehensive Central Support Services Interlocal
Agreement. These documents are for your records and have been filed with the Office
of the Great Seal.
If you have any questions, please call me at 248-858-9454.
Memo
To: Cheryl Arft, Clerk, City of Birmingham
From: Amy Norman, Oakland County Clerk’s Office – Elections Division
cc:
Date: January 7, 2020
Re: Agreement for Central Support Services between Oakland County and
the City of Birmingham
On April 18, 2019 the Oakland County Board of Commissioners adopted MR #19085 –
Department of Central Services – Establishment of a Comprehensive Central Support
Services Interlocal Agreement. Copies of these documents are enclosed for your records.
They have been filed with the Office of the Great Seal.
If you have any questions, please call me at 248-858-9454.
BIRMINGHAM CITY COMMISSION MINUTES
DECEMBER 9, 2019
MUNICIPAL BUILDING, 151 MARTIN
7:30 P.M.
I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Pierre Boutros, Mayor called the meeting to order at 7:30 PM.
II. ROLL CALL
ROLL CALL: Present: Mayor Boutros
Mayor Pro Tem Longe
Commissioner Baller
Commissioner Hoff
Commissioner Host
Commissioner Nickita
Commissioner Sherman
Absent: None
Administration: City Manager Valentine, Assistant City Manager Gunter, City Attorney Currier,
Acting City Clerk Arft, Fire Chief Wells, Assistant Fire Chief Bartalino, Planning Director Ecker,
Police Chief Clemence, Deputy Treasurer Klobucar
III. PROCLAMATIONS, CONGRATULATORY RESOLUTIONS, AWARDS, APPOINTMENTS,
RESIGNATIONS AND CONFIRMATIONS, ADMINISTRATION OF OATHS, INTRODUCTION OF
GUESTS AND ANNOUNCEMENTS.
11-287-19 ANNOUNCEMENTS:
Mayor Boutros’ Birthday was acknowledged and everyone sung the Happy Birthday song.
Mrs. Andrews was recognized as a special guest.
The Santa House located in Shain Park continues to be open for your visits through
December 24, 2019. Horse-drawn carriage rides are also available on select dates
throughout the holiday season. For more information on dates and times, visit
www.allinbirmingham.com.
11-288-19 APPOINTMENTS TO THE BIRMINGHAM SHOPPING DISTRICT
BOARD
The following persons were appointed to the Birmingham Shopping District Board by City Manager
Valentine and presented to the Commission for concurrence.
1. Jessica Lundberg, Revage Day Spa
2. Sam Surnow, The Surnow Company
3. Zachary Kay, Found Objects
4. Steve Quintal, Central Park Properties
2 December 9, 2019
Commissioner Hoff expressed that the listed candidates are excellent selections. They have stellar
attendance records and felt that Ms. Lundberg would make an excellent addition to the
Birmingham Shopping District Board.
MOTION: Motion by Commissioner Hoff, seconded by Commissioner Sherman:
To concur with the City Manager’s appointment of Jessica Lundberg to the Birmingham Shopping
District Board who is a business operator to complete a four-year term to expire November 16,
2022.
AND
To concur with the City Manager’s appointment of Sam Surnow to the Birmingham Shopping
District Board who has an interest in property located in the district for a four-year term to expire
November 16, 2023.
AND
To concur with the City Manager’s appointment of Zachary Kay to the Birmingham Shopping
District Board as a Business operator for a four-year term to expire November 16, 2023.
AND
To concur with the City Manager’s appointment of Steve Quintal to the Birmingham Shopping
District Board who has an interest in property located in the district for a four-year term to expire
November 16, 2023.
VOTE: Ayes, 7
Nays, 0
11-289-19 CONFIRMATION OF BSD BOARD MEMBER TO APC
City Manager Valentine presented this item.
MOTION: Motion by Commissioner Nickita, seconded by Commissioner Hoff:
To confirm Birmingham Shopping District Board member Richard Astrein as the BSD board
member representative to the Advisory Parking Committee to complete a three-year term to
expire September 4, 2021.
Commissioner Baller suggested that this is an opportunity for a BSD representative to address
the public, tell everyone what happens in the department, and comment on the BSD.
City Manager Valentine expressed that the commission is in the process of a confirmation and
this is not the time for BSD to speak.
VOTE: Ayes, 7
Nays, 0
Mr. Hockman, chairperson of the BSD, was called forward to speak on behalf of BSD. He
introduced Ingrid Tighe, Executive Director, highlighted the seasonal activities that are ongoing
in the community, and gave a brief overview of what the Birmingham Shopping District does.
11-290-19 APPOINTMENTS TO THE BOARD OF REVIEW
The following persons were interviewed for appointments to the Board of Review.
3 December 9, 2019
1. Lee (Leland) Feiste
2. Kathleen Devereaux
3. Suzanne Lasser
4. James Rayis
5. Harvey Rosenberg
MOTION: Motion by Commissioner Sherman:
To appoint Leland (Lee) Feiste as a regular member to the Board of Review for a three-year term
to expire December 31, 2022.
VOTE: Ayes, 7
Nays, 0
MOTION: Motion by Commissioner Host:
To appoint Kathleen Devereaux as a regular member to the Board of Review for a three-year
term to expire December 31, 2022.
VOTE: Ayes, 7
Nays, 0
MOTION: Motion by Commissioner Nickita:
To appoint Harvey Rosenberg as an alternate member to the Board of Review for a three-year
term to expire December 31, 2022.
VOTE: Ayes, 7
Nays, 0
11-291-19 ADMINISTRATION OF OATHS
Acting City Clerk Arft administered the Oath of Office to the appointees.
IV. CONSENT AGENDA
All items listed on the consent agenda are considered to be routine and will be enacted by one motion
and approved by a roll call vote. There will be no separate discussion of the items unless a
commissioner or citizen so requests, in which event the item will be removed from the general order
of business and considered under the last item of new business.
11-292-19 APPROVAL OF CONSENT AGENDA
MOTION: Motion by Commissioner Sherman, seconded by Commissioner Nickita:
To approve the Consent Agenda as listed.
A. Resolution approving the Regular City Commission meeting minutes of November 25,
2019.
B. Resolution approving the warrant list, including Automated Clearing House payments,
dated November 27, 2019 in the amount of $644,044.82.
C. Resolution approving the warrant list, including Automated Clearing House payments,
dated December 4, 2019 in the amount of $255,025.63.
4 December 9, 2019
D. Resolution approving a request from the Birmingham Memorial Day Committee to hold
the Memorial Day Service in Shain Park on May 25, 2020 from 10:00 – 11:00 am,
contingent upon compliance with all permit and insurance requirements and payment of
all fees and, further pursuant to any minor modifications that may be deemed necessary
by administrative staff at the time of the event.
E. Resolution approving the Oakland County Central Support Services Inter-Local Agreement
and further, authorizing the Mayor to sign the agreement on behalf of the City.
ROLL CALL VOTE: Ayes, Mayor Boutros
Mayor Pro Tem Longe
Commissioner Baller
Commissioner Hoff
Commissioner Host
Commissioner Nickita
Commissioner Sherman
Nays, 0
V. UNFINISHED BUSINESS
None
VI. NEW BUSINESS
11-293-19 PUBLIC HEARING TO CONSIDER SLUP FOR BROOKLYN PIZZA,
111 HENRIETTA AND 195 W. MAPLE
Mayor Boutros opened the Public Hearing at 7:55 p.m.
Planning Director Ecker presented this item.
The proposal from Brooklyn Pizza meets the requirements set forth by the Planning Board.
Mayor Boutros clarified that the glass requirement would be met per the current ordinance. If
the requirements change, the owners would have the option to change the glass to satisfy the
ordinance if they are still in the construction phase of the project.
Commissioner Nickita commented that the plan fits right in to the Bistro Ordinance that the City
has in place. He went on to ask if the additional seating accessible from the outside affects the
limit for bar seating specified in the ordinance.
Director Ecker clarified that the Planning Board reviewed this carefully and decided that the
additional seating was seasonal, and not deemed bar seats. Therefore, it is compliant with the
established Bistro Ordinance.
Commissioner Hoff asked if the additional seats proposed for outside are at tables or counters,
and would there be table service.
5 December 9, 2019
Director Ecker replied that there are seats at tables and seats at the proposed counter. There
would be no table service, which is consistent with how the restaurant currently operates. She
also noted that the ordinance does not requires table service.
Commissioner Hoff noted that the plan before the commission is revised in six places; she asked
how the plans were revised; what are the dates of proposed completion and what are the hours
of operation.
Director Ecker replied that the revisions reflect the changes that were required to meet the
conditions set forth by the Planning Board. The hours of operation would be 11:00 a.m. until 11
p.m. seven days a week.
Commissioner Sherman continued asking about the three seats at the counter with an open
window where food or drink could be passed through. Director Ecker affirmed that this could
happen but confirmed that it is not the intended use.
Mayor Pro Tem Longe clarified that alcohol would not be consumed on the way to the outside
seating area from the inside.
Commissioner Sherman understood that servers were only permitted to carry alcohol outside of
an establishment, so how would this work with patrons carrying alcohol to their seats.
Mayor Boutros asked Chief Clemence about a law preventing patrons from carrying alcohol to an
outside seating area. Chief Clemence did not know of any rule or law prohibiting that action.
Commissioner Nickita discussed goals related to the bistro idea and outdoor seating; at that time,
there was a law prohibiting alcohol in the public walkway. He recalled that there was some
complexity to this issue and asked that we confirm the law about this item in reference to alcohol.
City Attorney Currier recalled the discussion; he felt the bistro ordinance allowed patrons to carry
alcohol outside as long as they were adjacent to the building; there was no provision for crossing
the walkway.
Commissioner Baller asked what would be the earliest date that the 80% glass requirement
ordinance would come to City Commission. Director Ecker felt it would be sometime between
early February to April, due to the priorities of the Planning Board related to the master plan.
Patrick Howe, attorney for the applicant, expressed that the project would commence in January,
with planned completion date in mid-April.
Commissioner Hoff asked if the unscreened dumpster in the alley had been resolved, if not, where
would the dumpster be located. The applicant felt that there is not enough room in the alley to
screen the dumpster and it would not be moved from the current location. Director Ecker
confirmed that the dumpster in question is grandfathered into the current requirement and that
access to the alley is not blocked.
Public hearing closed at 8:22 p.m.
6 December 9, 2019
MOTION: Motion by Commissioner Sherman, seconded by Commissioner Nickita:
To approve the Special Land Use Permit and Final Site Plan for Brooklyn Pizza at 111 Henrietta
and 195 W. Maple and directing the Mayor to sign a contract to allow the operation of a bistro in
the B4/D4 Zone;
AND
To authorizing the Chief of Police to sign the MLCC Police Investigation Report (LC-1800) and to
approve the liquor license request of 111 Brooklyn, Inc. that requests a new Class C License to
be issued under MCL 436.1521(A)(1)(B) and SDM License with Outdoor Service (1 Area) located
at 195 W Maple Rd and 111 Henrietta St, Birmingham, Oakland County, MI 48009;
AND
Furthermore, pursuant to Birmingham City Ordinance, to authorize the City Clerk to complete the
Local Approval Notice at the request of 111 Brooklyn, Inc. approving the liquor license request of
111 Brooklyn, Inc. that requested a new Class C License be issued under MCL 436.1521 (A)(1)(B)
& SDM License with Outdoor Service (1 Area) located at 195 W Maple Rd and 111 Henrietta St,
Birmingham, Oakland County, MI 48009.
Commissioner Nickita believed that the proposal aligned with the bistro ordinance as it was
created; he also thinks it is a bit of an anomaly, and has some apprehension in supporting this
proposal. However, in supporting, there has to be an understanding that it would be monitored
carefully. With SLUPs, the commission has the ability to withdraw support in the event that the
establishment becomes problematic.
Commissioner Hoff shared the same concerns; she agreed that there is potential for problems.
Mr. Howe assured the commission that there is a two-point identification check in place for alcohol
purchases.
Commissioner Baller agreed with Commissioner Hoff, and asked why the establishment chose to
not provide table service.
The applicant said that there would always be a manager and/or employees in the outdoor area
to monitor alcohol consumption and to be sure that it remains on the property; he further said
that it is no different from the other restaurants in Birmingham that minors frequent and alcohol
is served.
Mayor Boutros thanked the applicant for his commitment to the City, and supported the plan.
VOTE: Ayes, 7
Nays, 0
11-294-19 PLANNING BOARD REVIEW SCHEDULE OF MASTER PLAN DRAFT
Planning Director Ecker presented this item.
Commissioner Sherman asked for a copy of the action list for this year. Director Ecker did not
have the list but added that the first 6 items are on hold pending master plan discussions.
Commissioner Sherman suggested that the action list be integrated into the master plan.
7 December 9, 2019
City Manager Valentine clarified the distinction between the two items and suggested the action
list be brought back to the City Commission for review.
Commissioner Hoff expressed concern that there is not a good cross section of people responding
to the surveys and sessions previously scheduled. She would like to see more input but wondered
how the City would reach those who do not typically respond.
Commissioner Baller thinks the plan is too aggressive, agreed with Commissioner Hoff that the
same people respond to the survey, round tables, charrettes, etc. He suggested that the Planning
Board vet the document and break it down into simple to digest bullet points.
Mayor Pro Tem Longe agreed with Commissioner Baller on several points, she felt the surveys
were cumbersome and difficult to express true opinions. She expressed that she is pleased with
the leadership displayed by the Planning Board in taking on this project.
Commissioner Nickita felt that the City has significantly increased connection and communication.
This plan has had more information than any plan ever presented by the City. He felt that
The City is on the right path; and should look for other opportunities to fill in gaps and reach
more people. More detail should be provided moving forward by extracting the fundamentals
and communicating them to the community. Commissioner Nickita also expressed that the
Planning Board has more insight on this issue and would do a good job in scheduling and
implementing the plan.
Commissioner Host commented that the Planning Board knows the importance of the Master Plan
demonstrated by the scheduling, the study sessions, and other outlets used to gather input from
the public.
Mayor Boutros commented that there is a consensus that the City Commission is happy with the
Planning Board’s focus.
Commissioner Hoff disagreed with Mayor Boutros’ assessment of consensus. She was hearing
that the Planning Board should focus on the plan but they must also focus on other issues
concerning the City that are important and need addressing.
Commissioner Sherman suggested postponing the first resolution until next week and move
forward with the other two suggested resolutions tonight.
Commissioner Baller commented that he is in favor of public engagement but does not think that
there is enough information to move forward.
Mayor Pro Tem Longe suggested that the commission come back on December 16 with a list of
the urgent items on the action list for a decision. She also pointed out that the Planning Board
believes that momentum is important and does not want to lose it at this point.
Commissioner Hoff agreed with postponing the suggested resolutions until next meeting.
No action was taken. The suggested resolution would be brought back to the next regular
meeting of the City Commission.
8 December 9, 2019
11-295-19 PURCHASE OF RESCUE 2 LIFE LINE AMBULANCE
Fire Chief Wells and Assistant Fire Chief Bartalino presented this item.
Commissioner Baller requested an explanation from City Manager Valentine on the Fire
Department Apparatus Replacement Account. City Manager Valentine explained how the fund
works and that it addresses future needs. Chief Wells added that the fund is sound and has
ample reserves.
MOTION: Motion by Commissioner Hoff, seconded by Commissioner Host:
To approve the purchase of a 2020 Life Line Superliner Type-1, 171”x96”, Superliner 72” Head -
room, on a 2020 Ford F-450 XLT 4x4 Chassis with Liquid Spring Suspension, Stryker Power-Load
system, and Stryker Power Cot for the cost of $256,700.00, which includes a Ford GPC rebate of
$4,200 from account #663.338.000.971.0100 and further, authorizing the Mayor to sign the
purchase proposal on behalf of the City.
VOTE: Ayes, 7
Nays, 0
VII. REMOVED FROM CONSENT AGENDA
VIII. COMMUNICATIONS
IX. OPEN TO THE PUBLIC FOR MATTERS NOT ON THE AGENDA
X. REPORTS
11-296-19 COMMISSIONER REPORTS
Notice of intent to appoint on Monday, January 13, 2020 to Public Arts board, Storm Water Utility
Appeals Board and Parks and Recreation Board.
11-297-19 COMMISSIONER COMMENTS
Commissioner Host used this time to distribute a plan proposing to change the City Commission
meeting agenda to allow public comment at the beginning of the meeting in addition to the
current place, at the end of the agenda.
Mayor Pro Tem Longe felt that this idea is worth investigating and directed the staff to
do so, and bring back to the commission in 2020.
Commissioner Baller believes it is a good idea, and should be considered on a limited,
trial basis.
Commissioner Hoff expressed that she needs more information. While she is not
opposed, it requires more discussion and a review of parliamentary procedure. She
reminded the commission that discussions and consensus are important in determining
what goes on the agenda for action; one person deciding what should be acted upon
does not do it.
Commissioner Sherman, shares Commissioner Hoff’s concerns about setting
unreasonable expectations for the public. He reiterated that these are public meetings
to handle the business of the City, not a meeting for the public to dictate the agenda.
9 December 9, 2019
He is also concerned about meetings being high jacked as we have seen in other
communities when public comment is allowed early in the meeting.
Commissioner Nickita agreed that there are some good points raised, but expressed that
these are business meetings to conduct the business of the City and feels that this issue
is a low priority and the commission should proceed with caution.
Mayor Boutros commented that he supports further discussion into the matter.
ADVISORY BOARDS, COMMITTEES, COMMISSIONS’ REPORTS AND AGENDAS
None
LEGISLATION
None
CITY STAFF
None
INFORMATION ONLY
None
XI. ADJOURN
Mayor Boutros adjourned the meeting at 9:36 p.m.
Resolution #/Title
Interlocal/
Intergovernmental
Agreement Title Juris./ County
Date County
sent
Agreement to
Local Clerk
with Letter
Date BOC
Chairperson
Signed
Agreement
Date copy of
Signed
Agreement,
Local Res. &
BOC Res.
mailed to
Great Seal
with Letter
Date
SCANNED
Signed
Agreement,
Local Res.,
BOC Res. &
Letter to Great
Seal E-MAILED
to Corp
Counsel (Pat
Davis &
Deanna Fett)
with Memo
Date Fully
Executed
Original
Agreement,
copy of letter
to Great Seal,
and copy of
BOC Res. sent
to Local Unit
with Memo
Date Copy of
Fully Executed
Agreement,
Copy of Local
Res., Copy of
Letter to Great
Seal & Copy of
BOC Res. sent
to County
Department
with Memo
Update Sire
w/local
resolution,
Agreement,
Great Seal letter,
Corp Counsel,
Department and
Local Memo and
BOC Misc Res
MR #19085 - Department
of Central Services -
Establishment of a
Comprehensive Central
Support Services Interlocal
Agreement
Agreement for Central
Support Services
between Oakland
County and City of
Birmingham
City of
Birmingham
previously sent 12/20/2019 1/7/2020 1/7/2020 1/7/2020 1/7/2020 1/7/2020
BOC MEETING DATE: April 18, 2019
(REMEMBER TO SCAN SIGNED AGREEMENT, SAVE IN AGREEMENT FOLDER)J:\BOC\PreBoard\CLERK\Agreements\19085 - Central Services\Birmingham\MASTER SPREADSHEET