Loading...
HomeMy WebLinkAboutInterlocal Agreements - 2021.12.09 - 35364 March 24, 2022 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 December 9, 2021 the Board of Commissioners for Oakland County entered into an agreement per MR #21520 – Sheriff’s Office – Contract Standard Law Enforcement Services with Charter Township of Independence, January 1, 2022 – December 31, 2024. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement and amendment with the County of Oakland and the Charter Township of Independence, 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 confir mation 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: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland County Liz Skwarczewski, Technical Specialist, OCSO Cari Nuebeck, Clerk, Charter Township of Independence Enclosures Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 1 of 11 A. CALL TO ORDER: REGULAR/ CLOSED SESSION MEETING CHARTER TOWNSHIP OF INDEPENDENCE TOWNSHIP BOARD MINUTES December 7, 2021 Supervisor Fisher called the Board of Trustees regular meeting to order at 6:00 P.M. B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA: C. ROLL CALL: Present: Absent: Others Present: Gerald A Fisher, Supervisor Cari J. Neubeck, Clerk Rachel J. Loughrin, Treasurer Jose Aliaga, Trustee Paul A Brown, Trustee Theresa A Nallamothu, Trustee Ronald A Ritchie, Trustee None Brian Oppmann, Planning & Zoning Director Derek Smith, PRS Director Rick Yaeger, Budget and Operations Analyst Richard Carlisle, Carlisle, Wortman Associates Dan Kelly, Township Attorney Peter Keenan, Township Attorney There was a quorum present. D. APPROVAL OF AGENDA: MOTION #2021-12-279: Motion by Clerk Neubeck seconded by Trustee Ritchie to approve the Agenda as amended by relocating Item E. 1: Closed Session: Request to Enter Closed Session to Discuss a Confidential Legal Opinion pursuant to the Michigan Open Meetings Act, MCL 15.268(h) and MCL 15.243(1 )(g) after M. Regular Business. VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. E. CLOSED SESSION/ BUDGET SESSION/ STUDY SESSION: 1. Closed Session: Request to Enter Closed Session to Discuss a Confidential Legal Opinion pursuant to the Michigan Open Meetings Act, MCL 15.268(h) and MCL 15.243(1 )(g) (Gerald A Fisher, Supervisor) - Relocated after Regular Business F. BOARD/ PUBLIC ANNOUNCEMENTS: Derek Smith, PRS Director announced the Walk & Talk with Santa event scheduled for Wednesday, December 8th from 5:00 -8:00 PM. Tickets are available online or by calling the Township. Supervisor Fisher requested a moment of silence in support of Oxford Schools, those in the schools and also those in the surrounding area. Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 2 of 11 G. PUBLIC COMMENT: Curt Carson -5000 Paula Ave. Eugene English -7950 Dixie Hwy. Sam Maraca -8815 Pine Knob Rd. Thomas Price -8003 Crescent Rd. Gerald Ferguson -10139 Cedar Knoll Ct. Carrie Giaier -6684 Amy Dr. Jennifer Denio -9260 Pine Knob Rd. Zachary Ferguson -10139 Cedar Knoll Ct. Michael Catania -7760 Parkcrest Cir. Jeffrey Anderson -5084 Algonquin Blvd. H. PUBLIC HEARING: None I. PRESENTATIONS AND REPORTS: 1. Report: 2020 Corridor Improvement Authority Annual Report and 2021 Informational Meeting (Gerald A Fisher, Supervisor; Richard A Carlisle, Carlisle/Wortman, Associates) 2. Presentation: Donation to the Bay Court Playground Project (Derek Smith, PRS Director) Mr. Smith provided a brief slide presentation with historical background of the Bay Court Playground. He was pleased to announce a generous donation from the Bartsch Memorial Fund in conjunction with the Clarkston Area Optimists. J. CARRYOVER/ POSTPONED AGENDA ITEMS: None K. CONSENT AGENDA: 1. Request to Approve the Board of Trustees Regular/ Closed Session Meeting Minutes of November 16,2021 2. Request to Approve the November 30, 2021, Check Run ($1,366,210.33) and Ratify the November 26, 2021, Payroll ($291,042.21) MOTION #2021-12-280: Motion by Trustee Ritchie seconded by Trustee Aliaga to approve the Consent Agenda as presented. VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. L ITEMS REMOVED FROM THE CONSENT AGENDA: None M. REGULAR BUSINESS: 1. Request to Approve the 2nd Reading and Adopt Amendment to Chapter 50 (Zoning Ordinarice), Revisions to Section 4.10(D) R-2 Multiple Family Residential Setbacks (Brian Oppmann, Planning & Zoning Director) The Board heard public comment from: Michael Catania -7760 Parkcrest Cir. Laurie Orr -9790 Sashabaw Rd. David Endrezsl -8700 Pine Knob Rd. Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 3 of 11 MOTION #2021-12-281: Motion by Trustee Ritchie seconded by Trustee Brown to approve the 2nd Reading and adopt the Ordinance to amend the Charter Township of Independence Ordinance Code, Chapter 50 Zoning Ordinance, Revisions to Section 4.1 0(D) R-2 Multiple Family Setbacks, as presented, and direct the Clerk to publish notice in a matter prescribed by law. ROLL CALL VOTE: Yes: Neubeck, Loughrin, Aliaga, Brown, Nallamothu, Ritchie, Fisher; No: None; Absent: None MOTION CARRIED 7 to 0. 2. Request to Approve Job Description for Hiring Information Technology Manager and Posting of the Position (Gerald A. Fisher, Supervisor) MOTION #2021-12-282: Motion by Trustee Aliaga seconded by Clerk Neubeck to approve the Job Description for hiring an Information Technology Manager to assist with Information Technology needs and direct the Human Resources Manager to post the position. VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. 3. Request to Reappoint Board and Committee Members (Gerald A. Fisher, Supervisor) a. Sashabaw Corridor Improvement Authority (CIA) MOTION #2021-12-283-a: Motion by Clerk Neubeck seconded by Trustee Ritchie to reappoint David Smith and Dale Verhey, as recommended by the Township Supervisor, as Business Owner members of the Sashabaw Corridor Improvement Authority (CIA) for 4-year terms scheduled to expire on December 31, 2025. VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. b. Planning Commission The Board heard public comment from: Jennifer Denio -9260 Pine Knob Rd. Joette Kunse -9740 Reese Rd. Sam Maraca -8815 Pine Knob Rd. MOTION #2021-12-283-b: Motion by Trustee Nallamothu seconded by Trustee Brown to reappoint Brian Galley as recommended by the Township Supervisor, as a Regular member of the Planning Commission for a 3-year term scheduled to expire on December 31, 2024. VOTE: Yes: All-6; No: Aliaga; Absent: None CARRIED 6 to 1. c. Zoning Board of Appeals MOTION #2021-12-283-c: Motion by Clerk Neubeck seconded by Trustee Ritchie to reappoint Kenneth Zurek as Alternate member to the Zoning Board of Appeals for a 3-year term scheduled to expire on December 31, 2024 and reappoint James Scharl as a Regular Member to the Zoning Board of Appeals for a 2-year term scheduled to expire on December 31, 2023. VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. d. Zoning Board of Appeals-Planning Commission Representative Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 4 of 11 MOTION #2021-12-283-d: Motion by Treasurer Loughrin seconded by Trustee Aliaga to postpone the reappoint of Brian Galley, as Planning Commission Representative to the Zoning Board of Appeals until review of that appointment by the Township attorney. VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. 4. Request to Approve 2021 Budget Amendment #39: Snow Removal & Salting for Thendara New Pave for 2021 Snow Season (Rick Yaeger, Budget and Operations Analyst) Trustee Brown stated he has a personal conflict with this item as he lives within this District and requested to be recused. MOTION #2021-12-284: Motion by Trustee Ritchie seconded by Clerk Neubeck to recuse Trustee Brown. VOTE: Yes: All-6; No: None; Abstain: Brown; Absent: None: CARRIED 6 to 0. MOTION #2021-12-285: Motion by Trustee Ritchie seconded by Clerk Neubeck to approve 2021 Budget Amendment #39 as follows: GENERAL FUND DESCRIPTION INCREASE/(DECREASE) Expenditures Township Board Dept -INCREASE 101-101-801.000-Thendara 2 (Cont. Serv.) $5,000.00 VOTE: Yes: All-6; No: None; Abstain: Brown; Absent: None: CARRIED 6 to 0. 5. Request to Approve 2021 Budget Amendment #40: Workers Comp (Rick Yaeger, Budget and Operations Analyst) MOTION #2021-12-286: Motion by Trustee Nallamothu seconded by Trustee Ritchie to approve 2021 Budget Amendment #40 as follows: GENERAL FUND DESCRIPTION INCREASE!(DECREASE\ Expenditures Supervisor Dept -INCREASE 101-171-721.000 (Workers Comp) $10.00 Assessing Dept -INCREASE 101-257-721.000 (Workers Comp) $45.00 Clerk Dept -INCREASE 101-215-721.000 (Workers Comp) $15.00 Treasurer Dept -INCREASE 101-253-721.000 (Workers Comp) $5.00 Human Resources Dept -INCREASE 101-270-721.000 (Workers Comp) $5.00 FIRE FUND Expenditures -INCREASE 206-336-721. 000 (Workers Comp) $3,500.00 POLICE FUND Expenditures -INCREASE 207-301-721.000 (Workers Comp) $10.00 Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 5 of 11 PRS FUND Expenditures Recreation Dept -INCREASE Parks Dept -INCREASE Senior Dept -INCREASE IND TV FUND Expenditures -INCREASE SEWER FUND Expenditures -INCREASE WATER FUND Expenditures -INCREASE 208-751-721.000 (Workers Comp) 208-757.721.000 (Workers Comp) 208-758-721.000 (Workers Comp) 297-444-721.000 (Workers Comp) 590-527-721.000 (Workers Comp) 591-536-721.000 (Workers Comp) VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. $240.00 $245.00 $20.00 $10.00 $125.00 $385.00 6. Request to Approve 2021 Budget Amendment #41: Add 2021 Adult Basketball League Revenues and Expenditures (Derek Smith, PRS Director) MOTION #2021-12-287: Motion by Trustee Aliaga seconded by Clerk Neubeck to approve 2021 Budget Amendment #41 for the addition of the 18+ Recreation Basketball Leagues as follows: GENERAL FUND DESCRIPTION INCREASEl(DECREASE) Expenditures Operatina Transfers Out Dept. -DECREASE 101-965-995.208 (Transfer to PRS) ($2,050.00) PRS FUND Revenues -INCREASE 208-000-651.606 (Fees -Basketball) $3,200.00 -DECREASE 208-000-699.101 (Transfer from General) ($2,050.00) Expenditures -INCREASE 208-751-704.606 (Wai:1es PT -Ad Basketball) $770.00 -INCREASE 208-751-713.606 (Waaes -OT Ad Basketball) $75.00 -INCREASE 208-751-709.000 (Payroll Taxes) $65.00 -INCREASE 208-751-752.606 (Op. Supplies -Ad Basketball) $240.00 VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. 7. Request to Approve 2022 -2024 Law Enforcement Services Agreement -Oakland County Sheriff's Office (Gerald A. Fisher, Supervisor; Cari J. Neubeck, Clerk) MOTION #2021-12-288 Motion by Trustee Aliaga seconded by Clerk Neubeck to approve the 2022-2024 Law Enforcement Services Agreement between the County of Oakland, Oakland County Sheriff's Office, and the Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 6 of 11 Charter Township of Independence and direct the Supervisor and Clerk to sign the agreement as the authorized representatives of the Township. VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. 8. Request to Adopt the 2022 General Appropriations Act Resolution (Rick Yaeger, Budget and Operations Analyst) MOTION #2021-12-289: Motion by Trustee Aliaga seconded by Treasurer Loughrin to adopt the 2022 General Appropriations Act Resolution as follows: STATE OF MICHIGAN COUNTY OF OAKLAND CHARTER TOWNSHIP OF INDEPENDENCE 2022 General Appropriations Act RESOLUTION NO. 2021-025 A resolution to establish a general appropriations act for Independence Township; to define the powers and duties of the Independence Township officers in relation to the administration of the budget; and to provide remedies for refusal or neglect to comply with the requirements of the resolution. The Independence Township Board resolves: SECTION 1: Title This resolution shall be known as the Independence Township 2022 General Appropriations Act. SECTION 2: Chief Administrative Officer The Supervisor shall be the Chief Administrative Officer and shall perform the duties of the Chief Administrative Officer enumerated in this act. SECTION 3: Fiscal Officer The Clerk shall be the Fiscal Officer and shall perform the duties of the Fiscal Officer enumerated in this act. SECTION 4: Public Hearing on the Budget Pursuant to MCLA 42.26, notice of a public hearing on the proposed budget was published in a newspaper of general circulation on November 3, 2021 and a public hearing on the proposed budget was held on November 16, 2021. SECTION 5: Millage Levy The Independence Township Board shall cause to be levied and collected the general property tax on all real and personal property within the Township upon the current tax roll an amount equal to 9.4493 mills as authorized under state law and approved by the electorate, allocated as follows: Township operating millage of 0.9534; Voter-authorized millages of 3.3399 mills for fire operating, 2.7900 mills for police operating, 0.4202 for safety path operating and 1.9458 for road infrastructure operating. SECTION 6: Adoption of Budget by Cost Center The Independence Township Board adopts the 2022 fiscal year budgets for the various funds by cost center. Township officials responsible for the expenditures authorized in the budget may expend Township funds up to, but not to exceed, the total appropriation authorized for each cost center, and may make transfers among the various line items contained in the cost center appropriation, as stated in Section 7. Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 7 of 11 For all governmental funds except for the Fire Fund, no official shall make, or obligate the Township to pay any expenditure in excess of $5,000 without prior approval from the Township Supervisor nor any expenditure in excess of $10,000 without prior approval from the Township Board. For all enterprise funds and the Fire Fund, no official shall make, or obligate the Township to pay any expenditure in excess of $10,000 without prior approval from the Township Supervisor nor any expenditure in excess of $25,000 without prior approval from the Township Board. SECTION 7: Transfer Authority The Chief Administrative Officer shall have the authority to approve transfers within the various cost centers without prior board approval, if the amount to be transferred does not exceed $10,000 for all funds. No transfers shall be made to increase or decrease personnel or capital costs without prior approval from the Township Board. Transfers shall not increase or decrease the total cost center appropriations. SECTION 8: Appropriation not a Mandate to Spend Appropriations will be deemed maximum authorizations to incur expenditures. The fiscal officer shall exercise supervision and control to ensure that expenditures are within appropriations and shall not issue any town order for expenditures that exceed appropriations. SECTION 9: Limit on Obligations and Payments No obligation shall be incurred against, and no payment shall be made from any appropriation account unless there is sufficient unencumbered balance in the appropriation and sufficient funds are or will be available to meet obligations. SECTION 10: Approval and Payment of Claims, Filing and Preservation of Accounts; Authorized Payment Pursuant to MCLA 41. 75, the Independence Township Board shall approve claims (bills) against the Township and authorize payment of allowed claims. Accounts approved by the Township Board shall be filed and preserved by the Township Clerk. The payments authorized shall be paid by the Township Treasurer, on the order of the Township Board, signed by the Township Clerk. The Township Clerk and Treasurer may pay certain claims prior to approval by the Township Board to avoid late penalties and late charges. The Township Board shall receive a list of paid claims (bills) prior to release for approval at the next Board meeting. SECTION 11: Estimated Revenues and Expenditures Estimated total revenues and expenditures for the various funds of Independence Township are as follows: General Fund Revenues Expenditures Township Board Supervisor Elections Assessing Legal Clerk Board of Review Treasurer Data Processing Township Hall Human Resources 751,845 321,481 354,536 630,256 210,000 669,285 5,184 346,750 132,990 164,078 145,336 7,657,433 Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 8 of 11 Cemetery Building Planning/Zoning Street Lighting Drainage Operating Transfers Road Infrastructure Fund Revenues Expenditures Fire Department Revenues Expenditures Police Department Revenues Expenditures Parks and Recreation Revenues Expenditures Recreation Parks Seniors Sashabaw Drain Maintenance Fund Revenues Expenditures CDBG Revenues Expenditures Cable TV Revenues Expenditures 140,307 494,017 802,372 159,060 15,400 3,368,721 1,400,062 872,913 893,779 8,711,618 3,526,308 4,471,657 6,974,187 6,946,633 6,177,683 6,155,278 3,166,754 3,166,754 1,208 35,500 57,612 57,612 284,681 302,661 Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 9 of 11 Safety Path Revenues Expenditures North Sashabaw Debt Service Fund Revenues Expenditures CIA Revenues Expenditures GF Capital Projects Revenues Expenditures Fire Fund Cap. Projects Revenues Expenditures Revenues Expenses, operating Capital Outlay Revenues Expenses, operating Capital Outlay Walters Lake Fund Revenues Expenditures SECTION 12: Budget Monitoring 905,201 1,193,906 366,495 366,495 544,806 555,000 1,192,454 1,754,000 322,862 972,500 6,889,112 6,254,158 2,194,000 7,586,105 3,592,475 4,376,000 46,935 50,600 Whenever it appears to the Chief Administrative Officer or the Township Board that the actual and probable revenues in any fund will be less than the estimated revenues upon which appropriations from such fund were based, and when it appears that expenditures will exceed an appropriation, the Chief Administrative Officer shall present to the Township Board recommendations to prevent expenditures from exceeding available revenues or appropriations for the fiscal year. Such recommendations shall include proposals for reducing appropriations, increasing revenues or both. Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 10 of 11 SECTION 13: Periodic Financial Reports The Chief Administrative Officer shall submit to the Township Board, on a monthly basis, data showing the relation between the estimated and actual income and expenses to date; and if it shall appear that the income is less than anticipated, the Township Board may reduce appropriations, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures from exceeding expected revenue/cash income. SECTION 14: Violations of This Act Any obligation incurred or payment authorized in violation of this resolution shall be void and shall subject any responsible official(s) or employee(s) to disciplinary action as outlined in PA 621 of 1978. SECTION 15: Board Adoption Motion made by ___ , seconded by ____ to adopt the foregoing resolution. Upon roll call vote, the following voted aye: ____ . The following voted nay: ___ . The Supervisor declared the motion carried and the resolution duly adopted on the 7th day of December 2021. ROLL CALL VOTE: Yes: Aliaga, Brown, Nallamothu, Ritchie, Fisher, Neubeck, Loughrin; No: None; Absent: None MOTION CARRIED 7 to 0. Relocated Item: E. CLOSED SESSION/ BUDGET SESSION/ STUDY SESSION: 1. Closed Session: Request to Enter Closed Session to Discuss a Confidential Legal Opinion pursuant to the Michigan Open Meetings Act, MCL 15.268(h) and MCL 15.243(1 )(g) (Gerald A Fisher, Supervisor) MOTION #2021-12-290 Motion by Treasurer Loughrin seconded by Trustee Brown to enter Closed Session to consider material exempt from discussion or disclosure by state statute, namely, to consider a written opinion of legal counsel for the Township with regard to Asian Wellness Spa, as permitted under MCL 15.268(h) and MCL 15.243(1 )(g). ROLL CALL VOTE: Yes: Brown, Nallamothu, Ritchie, Fisher, Neubeck, Loughrin, Aliaga; No: None; Absent: None MOTION CARRIED 7 to 0. Entered Closed Session at 8:17 P.M. Returned from Closed Session at 8:49 P.M. MOTION #2021-12-291 Motion by Trustee Ritchie seconded by Trustee Brown to resume from Closed Session N. COMMUNICATIONS / FUTURE AGENDA ITEMS / REPORTS: 1. Report: Oakland County Sheriff's Department (OCSD) Monthly Report -October 2021-Amended 2. Report: Fiscal 2021 Actual to Budget Comments for Period Ending October 31, 2021 3. Report: 2021-Third Quarter Investment Report 4. Minutes: Information Technology Oversight Committee (ITOC) -Final, September 14, 2021 5. Minutes: Information Technology Oversight Committee (ITOC) -Final, October 12, 2021 6. Minutes: Video Center Administrative Board-Regular Meeting -Final, September 15, 2021 0. BOARD MEMBER COMMENTS: Regular/ Closed Session Meeting Charter Township of Independence Township Board Minutes -FINAL December 7, 2021 Page 11 of 11 Trustee Nallamothu commented that her thoughts and prayers are with the those affected by the Oxford High School tragedy. P. ADJOURNMENT: MOTION #2021-12-292: Motion by Trustee Ritchie seconded by Treasurer Loughrin to adjourn the meeting at 8:50 P.M. VOTE: Yes: All-7; No: None; Absent: None CARRIED 7 to 0. Cari J. Neubeck, Clerk David T. Woodward (Jan 27, 2022 11:25 EST) Jan 27, 2022 Jo Ann Stringfellow (Jan 27, 2022 11:31 EST)