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HomeMy WebLinkAboutInterlocal Agreements - 2021.12.09 - 35391 March 29, 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 #21521 – Sheriff’s Office – Contract Standard Law Enforcement Services with Charter Township of Lyon, 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 Lyon, 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: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland County Liz Skwarczewski, Technical Specialist, OCSO Michelle Ortiz-Cash, Clerk, Charter Township of Lyon Enclosures Charter Township of Lyon Board of Trustees December 6, 2021 Page 1 Charter Township of Lyon Board of Trustees Regular Meeting Minutes December 6, 2021 Approved: JANUARY 4, 2022 The meeting was called to order by Supervisor Dolan at 7:00 p.m. Roll Call: Lise Blades, Trustee, arrived 7:42 p.m. Patricia Carcone, Treasurer Michele Cash, Clerk John Dolan, Supervisor Kristofer Enlow, Trustee Sean O’Neil, Trustee Robert Swain, Trustee Also Present: Carol Rosati, Township Attorney Leslie Zawada, Civil Engineering Solutions, Inc Brian Keesey, McKenna Chief Ken Van Sparrentak Guests: 20 A moment of silence was observed for the Oxford High School tragedy. Supervisor Dolan noted Trustee Blades is coming from out of town and will be late. APPROVAL OF CONSENT AGENDA 1. Approval of the minutes of the Township Board meeting of November 1, 2021 2. Approval of Disbursements 3. Approval of Reports 4. Bill of Sale of Sewer Line Between Diverse Real Estate and Charter Twp. of Lyon 5. Bill of Sale of Water Line Between Diverse Real Estate and Charter Twp. of Lyon 6. Bill of Sale of Water Line Between NLB Corp. and Charter Twp. of Lyon 7. Lyon Twp. Stormwater Management Agreement with Bader & Sons Co. South Lyon Properties, LLC 8. Agreement for Maintenance of Stormwater Management Facilities With C.L.A.Y Development Co., LLC (Hasenclever ph.1) and the Charter Twp. of Lyon 9. Lyon Twp. Stormwater Management Agreement between NLB Corp. and Charter Twp. of Lyon Charter Township of Lyon Board of Trustees December 6, 2021 Page 2 10. Approval of Holiday and Meeting Schedule for 2022 11. Oakland Co. Sheriff Triannual Report - May - August 2021 Trustee Enlow pulled off the minutes for a minor typo and items 7, 8 and 9 for discussion. Motion by Cash, second by Carcone To approve the consent agenda as amended. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED APPROVAL OF AGENDA Motion by O’Neil, second by Cash To approve the agenda as amended with the items removed from the consent agenda for discussion. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED ANNOUNCEMENTS & COMMUNICATIONS Trustee Enlow noted he received an update from MDOT regarding the I-96 flex route. The bids are due December 15, 2021. Once they have a contract on board, they will look for a first responders meeting. CALL TO THE PUBLIC Steve Archibald – Superintendent of South Lyon Community Schools. He passed along his gratitude for Lyon Township’s unanimous and continued support of the school liaison officers. The Township’s financial support helps make this valuable resource available on a daily basis. REPORTS DDA – Troy Powe reported on the second Lighting up the Grand Event. Next year their vision is to shut down Grand River Ave. in the two-block area and make it an event. They have 30 inflatables this year set up at the United Methodist Church. The event will Charter Township of Lyon Board of Trustees December 6, 2021 Page 3 be held this Saturday from 3-7 p.m. He noted DTE donated $2,000 for the event. South Lyon Fence and Lyon Mechanical also donated. He also reported almost all of the inflatables have been sponsored. FIRE – Chief Van Sparrentak reported significant progress with the fire fighter’s union, hopefully next month they will come with a ratification, he is optimistic. SHERIFF– Lt. Whitfield touched on the Oxford tragedy. He informed everyone as a result of that tragedy they have increased the patrols and extra walk throughs in the schools. Michigan State has a tip line 1-855-Okay2Say, anyone can share any tip regarding odd behavior or threats and it’s completely anonymous at 855-okay2say. Counseling is also available and can be arranged by calling 1-800-848-5533. He asked if there were any questions regarding the report he submitted and there were no questions. PLANNING COMMISSION – Treasurer Carcone brought the Board up to date regarding the last Planning Commission meeting. ZBA – None PARK ADVISORY BOARD – Mr. Swain hoped to have a report in January. WATER UPDATE – Supervisor Dolan reported the water is still moving forward, they have had some setbacks with the supply chain issues, until the tank comes in, they are in a holding pattern. Water is running very clean. PUBLIC HEARING A. Tanglewood Golf Community Road Improvements Ms. Zawada explained this is the first public hearing for the road improvement project. The costs are estimated at this time are in the amount of $2,294,826.51. She reviewed the scope of the project. There will be another public hearing if the resolution is approved under New Business. Supervisor Dolan opened the public hearing at 7:19 p.m. Daniel Holton and Sharon Holton, 23739 Spy Glass Hill N. - He devised a letter per the notice they got in the mail. They do have some concerns although they are not opposed to the resurfacing. He noted they are opposed to 1. How the assessment is levied against each property owner. 2. The designation of properties that benefit from this improvement and 3. Costs underestimated. He also noted that The HOA has stated that Bob Freund will contribute $200,000 to the project or 8.7 % Based on the current estimate of 2.3 million. It seems to them that this amount is low; however, there is no data to justify any amount. Keith Ledbetter, 22848 Spy Glass Hill Drive – He is the President of the HOA at Tanglewood. There were a number of residents in attendance as well to show their support. He noted he is available tonight if there are any questions. There were two letters received from the public that are attached as Exhibit A. Supervisor Dolan closed the public hearing at 7:29 due to no further comments. Charter Township of Lyon Board of Trustees December 6, 2021 Page 4 B. Public Hearing for the 2022 Budget Supervisor Dolan opened the public hearing at 7:29 p.m. and closed it due to there being no comments. C. Notice of a Public Hearing for the Community Development Block Grant (CDBG) Program for 2022 Mr. Keesey explained the federal government distributes an amount of money per year. The Township will allocate the funds in the amount of $23,50.00. As part of the program, they have chosen in the past to fund Youth Assistance, Haven, and the Senior Center. Supervisor Dolan opened the public hearing at 7:32 p.m. and closed it due to there being no comments. UNFINISHED BUSINESS - None NEW BUSINESS A. Resolution No. 2021-25 Determining Necessity of Improvements and Designating Special Assessment District Eric McGlothlin from Dickinson Wright explained this Resolution determines the necessity of the improvements and determines the Township’s intent to move forward with the project. Trustee Enlow questioned what happens if the cost of the improvements is lower at the end of the project. Mr. McGlothlin stated there is a statutory process to deal with the savings and it could involve a refund. Treasurer Carcone stated the Township has been involved in 2 other road improvements and the dollar amount was equally distributed. This isn’t the only time they’ve done this. Supervisor Dolan stated unfortunately there will be some residents that don’t like the paving schedule and they appreciate that. They ask for a very high percentage of participation, and Tanglewood came across with over 70% in support. He is in favor of moving this forward. He hopes the end results will make everyone happy. Charter Township of Lyon Board of Trustees December 6, 2021 Page 5 Motion by Cash, second by Carcone To approve Resolution No. 2021-25 Determining Necessity of Improvements and Designating Special Assessment District Voice Vote: Ayes: Unanimous Nays: Nays MOTION APPROVED B. Approve Agreement Regarding Contribution to Road Special Assessment District for Road Improvement Project and direct Township Supervisor and Township Clerk to execute and deliver the same, together with such changes, additions, or deletions as may be necessary or advisable in connection with the proceedings for the Tanglewood Golf Community Road Improvements Special Assessment District. Motion by O’Neil, second by Carcone To approve the agreement regarding contributions to the Road Special Assessment District for Road Improvement Project. This will be an agreement between The Lion Ltd doing business as Tanglewood Golf Course and the Charter Township of Lyon. This is in the amount of $200,000 contribution to the last agenda item Resolution 2021-25. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED C. RV Storage AP-21-40 - Text Amendment Mr. Keesey referenced the McKenna letter dated November 22, 2021. He explained the Planning Commission held the required public hearing and has recommended the language for consideration by the Township Board. Ms. Blades questioned the part about the recreational vehicles must be owned by and titled to a permanent resident of the parcel. She also confirmed this only pertains to parcels that are outside of single- and multiple family subdivisions. Treasurer Carcone explained the Planning Commission talked about this at several meetings, it does not include subdivisions. They didn’t want to create a storage situation, it’s not fair to neighbors. Trustee Swain questioned the rational for excluding subdivisions. Treasurer Carcone stated most HOA’s don’t allow it. There was brief discussion. Charter Township of Lyon Board of Trustees December 6, 2021 Page 6 Motion by Cash, second by O’Neil To Approve RV Storage AP-21-40 off street parking to second reading. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED D. Emelbe Single-Family Condominiums; AP-21-51 Mr. Keesey referenced the McKenna review letter dated November 23, 2021. The proposal meets all zoning district requirements for single-family development in the R- 0.5 Zoning District and the updated site plan addresses all of zoning ordinance -related conditions of approval by the Planning Commission. The proposed single-family home sites will be consistent in use and general character with surrounding residential properties. Ms. Zawada referenced the CES review letter dated November 29, 2021. Due to the proximity of the existing oil well, the applicant shall note the required isolation distance for drinking water wells as well as any additional environmental impacts to the land that may need to be considered and may affect land development. a. 300’ distance required from oil wells and storage tanks, per MDEQ. guidelines (copy attached). This may affect Lot 5. b. At the Planning Commission meeting, the applicant agreed to apply for the well permits prior to completing the land division. If the well permit for lot 5 cannot be issued, that lot would not be created at this time. She noted the applicant should apply for a well permit prior to establishing or drafting the condo documents. Mike Noles, representing Kensington Family Homes. He stated he is happy to be before them with a straight zoning. This is a wonderful opportunity to develop a vacant parcel. The cul de sac brought up to Lyon Township’s standards and in addition it’s a large open area with no storm water controls. It meets all stormwater requirements. Trustee Swain questioned if the applicant would be willing to extend the sidewalk across the gap at the end of lot 5. Mr. Noles stated that well is still operating and has a lease for as long as it continues to pull oil. That parcel the well is on will be in the condo docs as a future development parcel, it can be a road with additional lots and at that time the sidewalk will be put in. The truck traffic would be an issue now. Mr. Keesey noted it’s about 130 feet. Mr. Noles stated the point is the applicant is adding improvements that benefit residents and future residents, the applicant would prefer to not spend the extra money. Trustee O’Neil stated if this was a PD, he would Charter Township of Lyon Board of Trustees December 6, 2021 Page 7 say it would have to go in, but he is on the fence, it’s not appropriate to push that on them now, but he would like Mr. Noles to talk to the applicant and see if it’s possible. Trustee Enlow asked if the drive will be open, and if the gate will be where the oil wells are. Mr. Noles stated there will be a gate with a Knox lock on it at the Pontiac Trail right of way line. Trustee Enlow asked if the Fire Department is ok with that, but he thought it should remain open as emergency access. Mr. Noles stated the locks are per the Fire Department and all authority can get through, but the general public cannot. Trustee Enlow stated the CES letter had concerns about stormwater management, but it sounds like it was addressed. Ms. Zawada explained it will be addressed during detailed engineering review, she was more concerned with the drinking water at the site plan level. Motion by Carcone, second by O’Neil To approve Emelbe Single-Family Condominiums; AP-21-51 based on site plan dated 11/19/21 and the review letters provided in the packet. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED E. Approval to Hire a New Director for the Lyon Township Downtown Development Authority (DDA) Motion by O’Neil, second by Carcone To hire Amy Allen as the new DDA Director. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED F. Resolution No. 2021-26 Approving the Program Year 2022 Community Development Block Grant (CDBG) Application Motion by O’Neil, second by Swain To approve Resolution 2021-26 approving the program year 2022 Community Development Block Grant Application. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Charter Township of Lyon Board of Trustees December 6, 2021 Page 8 . G. Approval of Supervisor’s Appointment Matrix to Board of Review Supervisor Dolan explained he would like to reappoint the existing boards that they have for a one-year term. Motion by O’Neil, second by Blades To approve the Supervisor’s Appointments to the Board of Review for one year. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED H. Approval of Supervisor’s Appointment Matrix to Zoning Board of Appeals Motion by O’Neil, second by Cash To approve the Supervisor’s Appointments to Zoning Board of Appeals for a one-year term. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED I. Consideration of Approval of the Oakland County Sheriff’s Office 2022-2024 Law Enforcement Services Agreement with The Charter Township of Lyon and to authorize the Supervisor and Clerk to execute the Agreement. Motion by O’Neil, second by Blades To approve the Oakland County Sheriff’s Office 2022-2024 Law Enforcement Services Agreement with the Charter Township of Lyon and to authorize the Supervisor and Clerk to execute the Agreement. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED J. Installment Agreement for Sanitary Connection New Hudson Inn Ms. Zawada explained this is the 6th agreement before them, they wanted this to be in the Board packet for review. The total estimated costs are $204,281.65. The actual Charter Township of Lyon Board of Trustees December 6, 2021 Page 9 agreement will be based on actual costs once the project is completed. This will allow the applicant to connect to sewer and pay for those costs over time. Trustee Enlow asked how many REU’s is that. Ms. Zawada explained she would have to look it up. Motion by Carcone, second by Swain To approve the Installment Agreement for Sanitary Connection for the New Hudson Inn. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED K. Discussion on Lyon Township Fire Department Facility Needs Study Trustee Enlow noted the proposal before them includes a sub-consultant which is with a company, he has ownership in, so he wanted to bring that to the Boards attention. Ms. Rosati stated it would be better if Trustee Enlow recused himself from voting on this item. Motion by O’Neil, second by Swain To recuse Trustee Enlow due to the disclosed conflict in this matter. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Chief Van Sparrentak explained the proposal he provided was generated by Redstone Architects. The study would cost an estimated $20,000 to consider a master plan for future emergency service needs for Lyon Township for at least the next 10-20 years. Trustee O’Neil stated he expected it to cost more than that and he is familiar with Redstone and they do excellent work. Trustee Swain wondered if they want to make the scope a little bigger. Chief Van Sparrentak stated they can build it anyway they want to; they are experts in public safety and law enforcement as well. His take would be if they used Township property or locations that just made sense then they could still come close to this $20,000. Trustee O’Neil stated would it be reasonable to do a not to exceed and add more dollars, it just builds in that flexibility. Charter Township of Lyon Board of Trustees December 6, 2021 Page 10 Motion by O’Neil, second by Swain To approve the request for the Fire Department to commence with a facility needs study with Redstone Architects not to exceed an amount of $25,000 which will include some additional site evaluations. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED L. Approval for Assessment Center for Captain and Firefighters Chief Van Sparrentak explained they are looking to replace vacancies from resignation in 2021. They are looking for 1 full time captain and 4 full time fire fighters. He felt that they have enough internal candidates for the fire fighter positions. Motion by O’Neil, second by Cash To approve the request not to exceed $8,825 for captain and $4,300 for fire fighter assessment. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED M. Discussion of Ladder Truck Chief Van Sparrentak explained in the November meeting he noted the concerns they have with the reliability of Engine 2. With recent approval of ordering a new Engine 2 but looking like it will be spring of 2023 before the new truck could be delivered, they questioned if the current engine 2 will stay afloat. The apparatus committee worked on this and they decided if they were to purchase an aerial at any time they would go with the chosen manufacturer. The company did offer the demo ladder at 1.3 million which is still like $175k lower than what they were looking at earlier this year. He would be remiss if he didn’t bring it forward to consider it. It would be available in early July. Trustee O’Neil asked how this will come equipped, is there a savings beyond the sticker price. Chief Van Sparrentak explained there is $80-$90k of equipment that will be added onto this to equip the truck. They expect it to be about 80k, and that is not part of this spec. Trustee O’Neil questioned how the warranty works with the truck being a demo. Chief Van Sparrentak stated they will bring it to them in better shape than a newer truck, because they will work out all the bugs. Trustee O’Neil asked if ARPA funds could be used for this type of purchase. Chief stated he didn’t believe they could. Charter Township of Lyon Board of Trustees December 6, 2021 Page 11 Trustee O’Neil stated if it came to light that they could use those funds he would be in favor of using those funds for this purchase. Clerk Cash asked if the ladder truck really takes precedence. Chief stated this is what the community needs. A variety of scenarios were discussed. Treasurer Carcone questioned the warranty, and she would like the Chief to actually go and see the truck. Chief Van Sparrentak agreed. Motion by Blades, second by Swain To authorize the administrative team to draft a letter of intent conditioned upon that it meets the warranty and a site visit to see the truck in person the expense portion will be taken care of at the Township Board meeting in January. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED N. 2021 Budget Amendments Motion by O’Neil, second by Carcone To approve the 2021 Budget Amendments for legal and citizen programs as presented. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED O. Consideration of the 2022 Budget Clerk Cash confirmed when they approve the new budget tonight, under the capital outlay there will be $1.42 million dollars in that line item. Trustee O’Neil confirmed the general fund balance will still be over 7 million dollars. Trustee Enlow questioned the library fund. Clerk Cash explained they had their budget meeting, and the year-to-date totals were provided. It was updated and put in the Township’s format. It’s provided as information only; the Township Board does not approve it. Additional budget items were discussed. Charter Township of Lyon Board of Trustees December 6, 2021 Page 12 Clerk Cash explained the cost-of-living increase and the adjustments in the Fire Department budget differ from the workshop discussion due to current numbers from the union. They must approve what was negotiated for the union. Motion by Carcone, second by O’Neil To approve the budgets presented by the Clerk’s office with the amendments that were noted by the Township Board for the 2022 budget year. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED P. Resolution 2021-27 Approving Opting-In to the Opioid Litigation Settlement Motion by O’Neil, second by Enlow To approve Resolution 2021-27. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Q Consent Agenda Trustee Enlow noted a minor typo in the minutes. Motion by Enlow, second by Cash To approve the November 1, 2021 minutes as amended. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Trustee Enlow noted regarding items 7,8, 9, he would like to see a very short memo that lists they did it and there are no issues so it keeps them honest and if something is amiss, they can catch it before it gets crazy. Motion by Enlow, second by O’Neil To approve the stormwater management agreements for items 7,8 and 9 in the consent agenda. Charter Township of Lyon Board of Trustees December 6, 2021 Page 13 Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED CLOSED SESSION Motion by O’Neil, second by Cash To move into closed session to discuss pending litigation, Huron Valley Outfitters, LLC, v Charter Township of Lyon, Oakland County Circuit Court case no. 20-179677-CK, in accordance with the Open Meetings Act, MCL 15.268(e), as an open meeting would have a detrimental effect on the position of the Township at 9:40 p.m. Roll Call Vote: Ayes: Blades, O’Neil, Cash, Enlow, Carcone, Dolan, Swain Nays: None MOTION APPROVED The Board of Trustees moved into closed session at 9:40 p.m. and will be returning to open session. Motion by O’Neil, second by Cash To return to open session at 10:10 p.m. Roll Call Vote: Ayes: Carcone, Blades, O’Neil, Swain, Enlow, Dolan, Cash Nays: None MOTION APPROVED ADJOURNMENT Supervisor Dolan adjourned the Regular Board meeting at 10:11 p.m. due to no further business. Respectfully Submitted, Kellie Angelosanto Michele Cash Kellie Angelosanto Michele Cash Recording Secretary Lyon Township Clerk David T. Woodward (Jan 27, 2022 11:24 EST) Jan 27, 2022 Jo Ann Stringfellow (Jan 27, 2022 11:30 EST)