HomeMy WebLinkAboutInterlocal Agreements - 2022.05.12 - 37454Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 1 of 21CHARTER TOWNSHIP OF WHITE LAKEApproved Minutes of the Regular Board of Trustees MeetingMay 17,2022Supervisor Kowall called the meeting to order at 7:00 p.m. He then led the Pledge of Allegiance.Clerk Noble called the roll:Present: Rik Kowall, SupervisorAnthony L, Noble, ClerkMike Roman, TreasurerLiz Smith, TrusteeMichael Powell, TrusteeAbsent: Scott Ruggies, TrusteeAndrea Voorheis, TrusteeAlso Present: Lisa Hamameh, Township AttorneySean O'Neil, Community Development DirectorAaron Potter, DPS DirectorMike Leuffgen, Township EngineerJennifer Edens, Recording SecretarySupervisor Kowall identified that Police Week is May 15 - May 21,2022. A moment of silence wasobserved for the four hundred plus officers that died in the line of duty in the past year.AGENDAIt was MOVED by Treasurer Roman, SUPPORTED by Clerk Noble to approve the agenda. Themotion PASSED by voice vote (5 yes votes).PUBLIC COMMENTOakland County Commissioner Eileen Kowall thanked the Supervisor for sending a letter so promptly to thecounty executive regarding the Road Commission of Oakland County. She believes that a resolutionintroduced at the last board meeting was the first step towards an in-house operation which was rumored,She believes that bringing them in under the Township would be a total disaster and would be totallypolitical. She is glad to see that the Township got $100,000 as requested for critical infrastructure for wateralong Bogie Lake Road. She shared that 36 CVT's responded and twenty-one were approved right awayand they are allocating about another $1.5 million for CVT's for their projects. She noted that they are allworthy as far as health and environment and quality of life. She likes projects that are a one-time spend.She doesn't believe it is a good idea to add to spending because when the money runs out you have to finda way to fund it. She encouraged the Board to give her a call if they have any concerns about the county.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 2 of 21CONSENT AGENDAA. REVENUE AND EXPENSESB. CHECK DISBURSEMENTSC. DEPARTMENT REPORT - POLICED. DEPARTMENT REPORT - FIREE. DEPARTMENT REPORT - COMMUNITY DEVELOPMENTIt was MOVED by Treasurer Roman, SUPPORTED by Trustee Powell to approve the ConsentAgenda. The motion PASSED by voice vote (5 yes votes).MINUTESA. APPROVAL OF MINUTES - SPECIAL BOARD MEETING, APRIL 13, 2022B. APPROVAL OF MINUTES - REGULAR BOARD MEETING, APRIL 19, 2022It was MOVED by Clerk Noble, SUPPORTED by Treasurer Roman to approve the minutes from theSpecial Board Meeting, April 13, 2022, and the Regular Board meeting, April 19,2022. The motionPASSED by voice vote (5 yes votes).PRESENTATIONA. PLANTE MORAN - 2021 FINANCIAL REPORTPam Hill, Partner with Plante Moran, provided a brief summary of the December 31, 2021, audit. Shenoted the process went smoothly with 300 hours spent on the audit. She thanked Elaine, Dawn, TreasurerRoman, Clerk Noble, and Supervisor Kowall for the professionalism. She shared that they issued anunmodified opinion, which means the Township can rely on the number indicated in the financialstatements. She compared it to an A+ on your report card.Gary Gauthier, utilizing a slide show presentation noted that the presentation will take a high-level look atthe general funds, governmental funds, and the water/sewer. He then indicated that the first slide isgeneral fund transfer and revenue in. It shows from 2017 to 2021, with a total revenue and transfer in for2021 of $6,500,000 which is a decrease of $486,000. The two largest sources of revenue are propertytaxes and state revenue. The property tax revenue was approximately $1,268,000, which is an increase of$26,000 from last year. The other largest source is state revenue at $3,276,000. He noted a decrease of$250,000 which is from a 2020 grant received of $750,000, that was not received in 2021.The next slide discusses general fund expenditures and transfers out. He pointed out that the slide lookslike a there was a large increase in 2021, He noted expenditures transferred out in 2021 were roughly
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 3 of 21$10,241,000 which was an increase of $3,500,000 from last year. He noted this transfer was really atransfer from the general fund to the revolving fund in 2021 in the amount of $5,300,000. He continued thatnormally the Township would just assign the available fund balance in the general fund to be used forfuture projects. However, this year it was transferred over to the improvement revolving fund. That is whatcaused the increase in expenditures out.The unassigned fund balance of the general fund is $1 ,600,000. He noted that they like to look at thiscomparably to the annual expenditures. He identified that a way to look at it is that a third year'sexpenditures can be paid for from the unassigned fund balance. He further noted that this 33% is up 5%from 2020.The next slide shows the governmental expenditures in total, which was $19,175,000, which was adecrease of $1,700,000 from 2020. The largest expenditures were from general government and publicsafety. Both saw a slight increase from the previous year, He pointed out the public works expenditurestotaling $3,670,000, which was a decrease of $2,200,000 from 2020. He shared that there were a lot ofroad projects in 2020 and grants used.The next slide is enterprise funds, looking at the water and sewer funds separately. As to the water fund,he highlighted a total operation fund of $1,200,000, which is a $6,000 increase. Total operating expenseswere $1,130,000, a decrease of $9,000. The operating income in 2021 was $93,000, with a rough increaseof $15,000 from 2020. He noted that overall, the water fund is consistent.As to the sewer fund, he noted there is only one year to look at. In 2021, the sewer fund was determined tobe self-sufficient and began being reported as an enterprise fund and previously it was captured ingovernmental activities. He noted the operating income was negative $41 ,000 and broke even roughly.Trustee Powell interjected that in many years in the past, the sewer fund was transferred money with theintent of previous board that it would be a loan to the sanitary sewer fund, to be paid back when it was self-supporting. He understands from Supervisor Kowall that this did not happen. He further asked if in futureyears these funds can be recaptured.Supervisor Kowall interjected that it has been paid back and that technically it was transferred. He furthersuggested Trustee Powell get with the Treasurer to see the documentation.Gary Gauthier moved on to another slide identifying the legacy costs. He shared that in 2021 the net sharepension liability was $10,700,000 and was 72.31% funded. He pointed out that it is on a year lag andtherefore reflects the market as of 12/21/2020. He continued that the OPEB liability is $4,923,000, which is59.18% funded. He identified that the OPEB liability has decreased significantly over the last four yearsdue to the Township's contributions.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 4 of 21Pam Hill recapped that the Township had a really good year, coming in significantly under budget. Sheindicated that the Township budgeted conservatively on the revenues. She noted that state share revenuewas unknown in 2020 when the 2021 budget had to be passed. She believes with favorable increases anda good watch on expenditures are the cause. She thinks the general fund ended the year in a healthyplace. Operating income is not too high or too low and legacy costs are in a normal range. She noted thatper state law the Township is actually making a little bit more in payments than what is required. Sheopined that the Township has done a phenomenal job with the OPEB plan and reducing that liability in ashort period of time. She indicated that the letter is pretty straight forward.Treasurer Roman noted that Plante Moran did a super job with the audit and explaining it.Clerk Noble thanked Elaine and Dawn for working really hard with the Plante Moran staff. He opined thatthey did a great job. He thinks it is incredible to come in as the Township did with unfunded pension.Supervisor Kowall thanked Plante Moran, Elaine, Dawn, Treasurer Roman and other staff for the great job.He noted it was a team effort and here are the numbers that do not lie. He also shared that there is anotherpayment to the OPEB liability on tonight's agenda. He reiterated for the purpose of the public, that thepension number is a moving number, He declared that the Township is in much better shape than manymunicipalities. He compared that it is a rearview mirror item, which may be closer than one thinks. Hefurther indicated that if you don't stay after it, it can and will consume you as a community. He appreciatesthe Board.Treasurer Roman shared that both the phase one sewer bonds and Pontiac Lake sewer bonds are paid off.Trustee Smith noted that the Township Board is a watchful board and she believes it is nice for it to berecognized and that she appreciates Plante Moran's efforts.PUBLIC HEARING WITH RESOLUTIONA. PUBLIC HEARING; TO HEAR PUBLIC COMMENTS ON SANITARY SYSTEM IMPROVEMENTS2022 CLEAN WATER STATE REVOLVING FUND (CWSRF) PROJECT PLANB. RESOLUTION 22-021; TO ADOPT A FINAL PROJECT PLAN FOR SANITARY SEWERSYSTEM IMPROVEMENTS AND DESIGNATING AN AUTHORIZED PROJECTREPRESENTATIVESupervisor Kowall noted that tonight, there will be a public hearing with public comment on theSanitary System Improvements 2022 Clean Water State Revolving Fund (CWSFR) Project Plan.Mike Leuffgen with DLZ, consulting engineer for White Lake Township. He is here with KyleGall of the DLZ Waterford office. He shared the findings and provided a brief recap, Heindicated that it is an attempt to secure some financing, low interest loan financing throughEGLE and the State of Michigan for some sanitary sewer improvements.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 5 of 21It was moved by Supervisor Kowall, SUPPORTED by Trustee Smith to open the publichearing to hear public comments on sanitary system improvements 2022 clean water staterevolving fund (CWSRF) Project Plan. The motion PASSED by roll call vote (Kowall/yes,Roman/yes, Powell/yes, Smith/yes, Noble/yes).Mike Leuffgen thanked Supervisor Kowall and the Board for being here today. He is here to talk about theCWSRF project plan that the Township asked them to prepare on their behalf and ultimately submit to thestate in hopes of securing funding for some sewer agreements. He shared that in 2017 through 2019, theTownship secured a SAW grant, Storm Water Asset Management Wastewater Grant and that as part ofthat the Township was able to do a lot of unique stuff to help identify short comings or short falls within thesanitary system.Kyle Gall of DLZ, indicated that the Michigan Clean Water State Revolving Fund Program is a low interestfinancing program that helps assists communities with the construction of the sanitary sewerimprovements. He continued that back in 1988, Michigan enacted Public Act 317 the Clean WaterAssistant Act to establish the state revolving fund. Which is now codified as Part 53(1994), Public Act 451of the Natural Resources Environmental Protection Act. He stated that each fiscal year, congressauthorizes an amount to be appropriated and that is then allocated amongst the states. For the fiscal year2023, $800 million is available from congress and this is to be used to fund waster water treatment plantupgrades and expansions, infiltration inflow as well as combined sewer overflow corrections, pumpingstation improvements or additions, and sanitary sewer rehabilitation. He advised that as part of thisprogram, there are certain requirements that are needed by the state, by EGLE, the Michigan Departmentof Environment Great Lakes and Energy. He indicated that public hearing includes the sanitary sewerneeds and alternatives, a description of the recommended alternatives with the costs, a discussion of theproject financing and a description of the social and environmental impacts and mitigation ofimpacts.Mike Leuffgen shared that it has been identified in the project plan that there is some system needs forrehabilitation of 14,000 feet plus or minus gravity sewer main, twenty-two gravity manholes, and repair oftwenty-one pressure sewer manholes. He indicated that Oakland County through the operations agreementdoes a manual inspection portions of the sanitary sewer system and their continued video and findingssupport degradation issues. He further shared that there is degradation caused by hydrogen sulfide thatbreaks down the surface of the concrete and starts spalling off. He stated that once it starts spalling off itstarts to get exposed rebar which is the reinforcing steel that helps to hold the pipe together. When thishappens, it starts losing the cross-sectional integrity, and the strength of the pipe. He declared that it couldlead to catastrophic failure to the pipe and a lot of issues in the system. He shared manhole photos withhydrogen sulfide builds up on the wall of the structures,Kyle Gall indicated this is part of the requirements with the SRF and that there are certain alternatives thatare required to be looked at. The first of those is no action. The Township would do absolutely nothing
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 6 of 21with the problems that are being seen and let things continue. The second is a complete replacement ofthe existing infrastructure, which would be removing all of it and replace it with new. He identified that thiswould be a lot more expensive and a lot more invasive as it would be open cut trenching everything. Heopined that it is not a realistic or efficient solution. He continued that the optimal performance of theexisting facilities is running the existing infrastructure, which right now, with the work of the DPW andDirector Potter, as well as Oakland County, is already being done, Therefore, it not really a new option.The last option which is what is being discussed tonight is the repair and rehabilitation of the system,with cure in place lining. It would be to repair, refine and rebuild installation rehabilitation to the existinggravity mains, gravity manholes, and pressure manholes. He is proposing to use full length and sectionalCIP pipe sewer main lining to address the deterioration as well as the CIP lining to rehabilitate both thegravity and the pressure manholes structures for the defects,Mr. Gall indicated that the cured in place lining is a trenchless technology. It takes the lining and it comes inthrough the manhole and that it goes along the pipe inside and is cured using heat or UV. He indicated thatessentially it installs a new pipe inside the existing pipe. He shared an image identifying before and afterimages.Mike Leuffgen interjected that it is an inert material that would not be susceptible to the damage from thehydrogen sulfide,Treasurer Roman asked how long the new lining would last.Mike Leuffgen indicated that the manufactural installers will say about fifty years and that they can't tell youmuch more than that because it hasn't been around for that long. He shared that there is not data tosupport it officially. He continued that there are four options. The no action alternative is no costs becauseto do nothing costs nothing, unless it is catastrophic failure. Option two, would be a complete replacementof the infrastructure at an approximate cost of $4,6 million in construction costs. Option three, he does notprovide costs for because it is already implemented with best management practices. Option four, wouldhave approximately $2.3 million in construction costs for the lining and repair of the manholes in the capitalproject plan. He continued that if the Township moved forward, considering design, construction costs,contract administration, inspection, legal fees, and bond fees, it would be approximately $2,9 millionestimated project costs. He further indicated that EGLE advertises 2%. He utilized the WRF Program thatthe Township is on through its watermain improvements right now, at 1.875% interest rate, He used thatfor the purposes of calculations here. The Township would be looking at a principal and interest ratepayment of $169,000 and some change annually, The principal and interest payments will be funded by theoperations and maintenance budget. He indicated that the bottom market open interest rate estimates3.75% but thinks that may be tow considering some of the recent changes, but for purposes of thiscalculation he will use that here. Comparing the two interest rates and all other things in April, the SRFprogram will achieve a savings of $30,954, He identified that over a twenty-year period there would be asavings of $659,000 with a 3.75% rate.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 7 of 21Kyle Gall noted that the CIP lining is a trenchless technology, which means there is no open cut to anyRoads, which reduces the impacts in less residential areas during construction. He further indicated thatthat another consideration is endangered species and within this area as there are a number of them. Heidentified the eastern Massasauga Ratttesnake, the Indian Bat, the Northern Long Ear Bat, the Raving, andthe Snuffbox Mussel. He does not anticipate there to be any adverse effects on these with in the area asthere are no critical habitats that exist. He reminded because there isn't excavation there isn't going to beany ground disturbance that you would often see with construction. He declared that any type ofdisturbance would be restored to the original conditions. He also stated that as of right now, there is norestored rate increases to fund the project. He shared that there are no exact dates as of yet and thatDecember of this year would be when the draft plan specifications would be due. Then February of nextyear would be the environmental assessment and submittal of the permit applications, and final submittal ofplans and specifications. Then in March 2023 would be the EGLE approval of the project plan, theapproval of plans and specification and when bids would be coming for the work. He believes constructionwould start July of next year, and then wrap up by October of 2024.Supervisor Kowall indicated that this is unique technology. He has seen it first hand and finds it impressiveand believes it makes a lot of sense because it would not disrupt neighborhoodsJohn Hunt asked how many people or what percentage of people actually have sewers in White LakeTownship?Supervisor Kowall indicated the number is approximately 10 or 12%. He further stated that the system hasto be maintained.It was MOVED by Supervisor Kowall, SUPPORTED by Clerk Noble to close the public hearing. Themotion PASSED by voice vote (5 yes votes).Treasurer Roman asked if the bids come in too high, if it can be put on hold.Director Potter does not think anyone can predict what's going to happen in the future. He reminded thatthe real issue is that by doing nothing the Township risks major failure and that any failure of phaseone would be an ecological disaster for White Lake Township.Mike Leuffgen noted that the project is incredibly scalable and that if the Township goes out to bid and theunit price on the repairs are higher, it can be scaled back taking care of the most critical parts.Aaron Potter indicated that the SAW Grant Report, the asset management plan development through theSAW grant, identified projects and ranked them based on the level of severity and this project planincorporated the, essentially the first five years, in this essential project in the asset management plan, butit can be scaled up or down or independently
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 8 of 21Supervisor Kowall thinks that the Township does not have any other option, but to move forward. He thinksit is prudent and the cost of doing nothing will be extraordinary and he does not intend to kick this can downthe road. It makes the best sense to do at least the most problematic areas, He continued that the lowinterest money that is available through the state makes the most sense, even though some of the numbersmight be changing, but there is still, typically, ahead of the private sector when these funds that areavailable.Attorney Hamameh stated that today, the Township is being asked to approve the plan that was developed,by way of resolution and for it to designate Aaron Potter as the individual responsible for the plan. Shefurther stated that then there is an application for the grant and that is something that it is the intent to applyform.Mike Leuffgen indicated that the intent to apply was submitted in January and that the next steps are goingthrough what the Township intends to do, completing the project plan, and in order to that in to EGLE, aresolution is necessary.Attorney Hamameh questioned in if the $800 million was state or nationwide.Mike Leuffgen believes it to be state wide but would prefer to confirm that.Attorney Hamameh questioned the timing of eligibility and expenditure of the funds and whether it is firstcome, first serve. She further questions the timeframe for deciding.Mike Leuffgen noted that first, the Township would submit the project plan for evaluation by EGLE. Then itthe plan would be scored and ranked in comparison to all the other projects. He identified that if theTownship makes the fundable range it will move forward with projects.Director Potter interjected that the Township will designate which quarter and year it intends to rebuild theproject in its application. He noted that the $800 million is for the state and that it takes all of the projectplans that are submitted, ranks them all highest to lowest for fundability, and then they will fund within the$800 million.Trustee Powetl asked if by voting for this tonight, if the Board is then approving DLZ to be the engineers ofrecord to design construction drawings. He also questioned when the construction drawings have to bedone.Mike Leuffgen indicated that the rankings are going to come out in the August/September and that is aboutthe time the Township will know if it is in the fundable range, He further commented that the Township iswelcome to go out to bid at any point.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 9 of 21Trustee Powell noted that it is proposed to use the CIP and noted there are other linings out there. Heinquired as to why DLZ recommends this product over another type/process. He further asked if there isstructural damage that is trying to be repaired or if it is just the protection of the pipe from the hydrogensulfide.Mike Leuffgen replied that there some structural damage as noted in video footage from 2010. He likes theCIP product. He acknowledges that there are other products out there and that as part of the designprocesses the videos can be reviewed and evaluate segments to see if different technologies might work.He opined that with CIP lining one tries to maintain as much cross section as possible and that CIP hasproven to be a good product and that it is inert to the hydrogen sulfide.Director Potter reminded that the CIP technology is the same technology that the Township used on UnionLake Road, Shotwell, and East Oxhill.Supervisor Kowall reminded that nothing is being done right now and the specification was only given as abaseline so that the township knows what the worst-case scenario would be. He noted that options can beexplored later. He declared that tonight's action is merely moving the plan forward so that the Townshipcan get in the queue for funding.Trustee Powell questioned what has been found in the pressure sewer system.Mike Leuffgen indicated fractures and air leak valves affected by hydrogen sulfide.Trustee Powell noted that the report concludes that the Township will not be extending or will not bemaking it a priority in the extension of sanitary sewer at a rate that might be beneficial to the flowsexperienced in the sewers. He opined that the township is looking to repair the sanitary sewers, but maybenot necessarily anticipate any flows in the sewer that change the hydrogen sulfide production aspect. Heasked if the Township could resolve a lot of that or at least mitigate a lot of that by starting a program toentice homeowners and property owners to connect into the sanitary sewer to increase the flows to thesewer, thus putting maybe the monies into a win-win, getting more people to connect, that saves theenvironment as well as increasing the flows in the sewer that reduce the hydrogen sulfide production.Supervisor Kowall reminded that this is something to be discussed a at a future date.Director Potter shared that right now the Township is piloting the H2S control system and the logged resultsindicate a counterintuitive result. It was thought that increase flow would reduce the H2S, but the finding isthat the increased, just simply increases the H2S. he continued that the H2S is more of the biproduct ofchemistry, rather than quantity. He does agree 100% with Trustee Powell that it is beneficial for theTownship to figure out a way of funding an overall mechanism to help folks, get connected to the sanitarysewer but notes that is outside of the scope of this. Treasurer Roman asked of Director Potter if the sewer
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 10 of 21main that is going in today will need to be relined in twenty years or is it a different material than what wasput in way back and/or if it is still concrete, can it be pre-lined to last longer,Aaron Potter indicated that he is not sure if anybody is doing prelined sewer pipe and that a lot of the newsewer pipe is actually made out of plastic materials,Trustee Powell noted that concrete is used for larger pipes and that the smaller more subdivision type usesplastic.Trustee Powell believes this is absolutely essential in his opinion that the Township undertake this, Henoted that the Township is responsible for the sanitary sewer system and that it is hopeful to address someof the costs of the sanitary sewer systems in its negotiations with Commerce Township and OaklandCounty. He further opined that it is essential that the Township maintain the integrity of this sanitary sewersystem.It was MOVED by Trustee Powell, SUPPORTED by Trustee Smith to approve the Resolutionadopting a final project plan for sanitary sewer system improvements and designating anauthorized project representative, Aaron Potter, therefore approving Resolution 22-021. The motionPASSED by voice vote (5 yes votes).OLD BUSINESSA. SECOND READING; BLACK ROCK REZONINGDirector O'Neil indicated before the Board tonight is the second reading for the rezoning of property that isat 9501 Highland Road. It was before the Board on April 19th for first reading and the Planning Commissionon March 17th for public hearing and recommendation and at that time they recommended approval of thisrequest to rezone this one acre from LB to GB.Supervisor Kowall for the sake of the public indicated there is one parcel zoned LB and one GB. The sitewill consume both parcels and the project as it is having the ability to use either parcel. It is just a zoningclean up. The critique of where parking goes, how many bushes, and other details is not here and nottoday. He reminded that it would be at the planning commission presentation.Director O'Neil added that there is a first review of the site plan, which was received and sent back to theapplicant with comments. He further indicated that the earliest the plan would be before the planningcommission would be the June meeting. He believes June 16 would be a realistic date.Supervisor Kowall reminded the public that the June meeting would be the meeting to address concerns ofhow it may or may not impact where you are at. He reminded that tonight is merely a practice of puttingboth parcels under the same zoning so that it is consistent.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 11 of 21Trustee Powell asked of Director O'Neil, if the rezoning is not approved tonight, could the project stillproceed on the zoning of LB or GB. To which Director O'Neil indicated yes. Trustee Powell further asked ifthe property being requested to be rezoned was left LB what changes would be required as to what goeson that southern parcel and what can you do that you cannot do with it zoned LB?Director O'Neil noted that a parking lot is proposed to go on this site, which can be accomplished witheither LB or GB. The use of a restaurant is also allowed with LB, just not with service of alcohol. He sharedthat it is preferred to not have split zoning.Trustee Powell clarified that there is no detriment to the neighbors to rezone this. He noted that therezoning is not the issue, but that the site plan will be germane to this. He recalled his statement from thelast meeting where he suggests the lighting be low and wanted to make sure that the planning commissiondidn't misunderstand that he meant low illuminants and that he was in fact speaking of the lighting be atchest level high.Director O'Neil shared that the comments made to the applicant do indicate such.Supervisor Kowall reminded of his comment regarding employee parking to reduce impact.Director O'Neil shared that this was also in the comments to the applicant. He further noted that if anymember of the public would like to see the plan, he is more than happy to sit down with them.It was MOVED by Trustee Powell, SUPPORTED by Supervisor Kowall to approve the change ofzoning from local business to general business for parcel 12-23-129-007 as presented. The motionPASSED by voice vote (5 yes votes).B. SECOND READING; AMENDMENT TO TRAFFIC AND VEHICLES ORDINANCE, CHAPTER 36,ARTICLE II-VEHICLE CODESIt was MOVED by Supervisor Kowall, SUPPORTED by Treasurer Roman to adopt the amendment toTraffic and Vehicles Ordinance, Chapter 36, Article II - Vehicle Codes. The motion PASSED byvoice vote (5 yes votes).C. SECOND READING; AMENDMENT TO FIRE CODE ORDINANCE, CHAPTER 18 - ARTICLE II -FIRE CODESupervisor Kowall noted that Chief Holland provided a redline version.Chief Holland noted that additional language was added to set thresholds and eliminate any chances ofselective billing. He believes it is fair and reminded this is not any form of billing to a resident, but to thebusiness(es) themselves.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 12 of 21Trustee Smith thanked Chief Holland and attorney Hamameh for their hard work on this.It was MOVED by Trustee Smith, SUPPORTED Trustee Powell to adopt amendment to the ordinanceof Chapter 18, Article II - Fire Code of the White Lake Township Code of Ordinance Section 113.11Request for Non-Emergency Assistance. The motion PASSED by voice vote (5 yes votes).NEW BUSINESSA. CONSIDERATION OF PRELIMINARY SITE, HYPERSHINE CAR WASHSupervisor Kowall noted that the building is one of the nicest looking building for a car wash that he hasever seen. He further noted that it runs east and west, providing minimal evasiveness to the neighbors,who are a football field away in distance,Trustee Powell confirmed that all of the process is inside, eliminating outside noise as well.Supervisor Kowall noted that OSHA has instituted decibel requirements, for both neighbors and employees,Director O'Neil noted that concerns expressed by neighbors included impact of noise. He noted that therewill be a fence and landscaping that will aid in the visual. He identified that on April 21,2022 the PlanningCommission did hold a public hearing regarding this. He noted neighbors express environmental concernsregarding cleaning products. He noted this project will be on a sewer system and that it will not dischargeinto a septic field and will not affect ground water. He shared that the Planning Commission approved therequest for special land use and recommended preliminary site plan approval pending all outstandingconditions and subject to the ZBA's approval. The Planning Commission asked the applicant to approvethe cross-access opportunity. The cross-access plan requires that every effort be made to makeconnections parallel with M59. He highlighted the traffic direction on this site and noted that it does notfunction with and east to west direction. He identified that there was an issue with dumpster location andoverhead lines. He further identified that the distance to the property line of the neighbors is over 400 feet.This plan will return for final is approved tonight. He advised that the Planning Commission made a finding,which is rare, to allow the driveway in a specific location. However, MDOT will have the final say,Shawn Doherty project manager for Hypershine. He indicated that originally, they thought they had to keepthe landscape ten-feet back because of a watermain, but then learned it only had to be three-feet. Theykept within what the ordinance required.Attorney Hamameh indicated she lives close to a JAXX Carwash and notes that there are people drying thecars right on Woodward, outside of the carwash. She asked if there was a similar plan here.Shawn Doherty indicated the machine will do all the drying and there are no people that will be drying.Treasurer Roman asked what the expectation is for cars per day.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 13 of 21Shawn Doherty indicated that a site like this would typically be 200 to 500 cars per day.David Gian 9315 Steephollow Drive. He lives on one of the streets that backs up to the carwash. He hasconcerns regarding environmental. He noted there was something on the Township Facebook pageregarding the Huron River watershed and where the pollution comes from. He indicated it comes fromparking lots and eventually finds it way to the watershed. He lives in Twin Lake Village that has both TullLake 1 and Tull Lake 2. He believes that a way to minimize the watershed is more vegetation, more trees.He would propose additional plantings behind the vinyl fence. It will do help soak up some of the runoff andact as an additional noise barrier. He believes that there will be some noise with the number of carsutilizing this project. He, like everyone else, is concerned about the traffic and hopes that MDOT will comeup with a plan. He opined that it is already very difficult to make a left hand turn there and notes that a lotof the customers of this project will want to make a left-hand turn.Supervisor Kowall confirmed that this will return to the Planning Commission for final approval. He believesthese are items the Planning Commission will want to take a look at. He further indicated that this is a self-contained system, there is no water that gets out. It will have a storm water discharge.David Gian noted that his biggest concern is the runoff from the parking lot. That will go into the stormsewer, He believes there is a retention basin at the rear of the parcel, then eventually it will go into thestorm sewer on M59. He opined that the storm sewer goes into the Huron River watershed.Trustee Smith highlighted that this intersection is one of the most dangerous in the township and that thesafety and traffic is a concern. She hopes that this will be looked at closely.It was MOVED by Clerk Noble, and SUPPORTED Trustee Powell to approve consideration ofpreliminary site plan for Hypershine Carwash, subject to comments of Planning Commission,consultants and administrative review. The motion PASSED by voice vote (5 yes votes).B. REQUEST TO AWARD CONTRACT FOR PARKS & RECREATION MASTER PLAN UPDATEDirector O'Neil indicated the last time this was done with a consultant was in 2008. He shared that it was amajor rewrite then and will be now. The Parks & Recreation Committee invited six firms to participate andonly two responded, Groya Consulting and Beckett & Raeder. Groya Consulting had a price of $29,375.00plus $500 in expenses and Beckett & Raeder had a price of $39,285.00 plus $468 in expenses. He sharedthat the Committee interviewed both prospects and Groya Consulting came highly recommended by theCommerce Township, West Bloomfielct, and the county. Additionally, they have agreed to reduce their rateto a flat fee of $29,000. He identified that the Parks & Recreation Committee unanimously recommendsthe award of the contract to Groya Consulting with a not to exceed cost of $29,000.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 14 of 21Director O'Neil shared that in 2013 and 2018, at a staff level, they were able to update the plan that wasrewritten in 2008. He anticipates that it will be reviewed by staff in five years as well. He also identified, asthe Board is aware, that the Township has received consideration from the state and funds because of thequality of the Master Plan and the fact that it is kept up. He believes this is a reasonable consideration.Supervisor Kowall noted to the public that often times when the Township applies for a grant, the firstquestion is do you have a master plan. If the answer is no, then they dismiss the application.Treasurer Roman asked if it would make sense to do a ten-year plan. He wonders if there is a discount tobe received.Director O'Neil indicated it must be a five-year plan. He further indicated that Parks & Recreation prefers toreview this. He is also reminded that the plan is to review this in-house in five years.It was MOVED by Clerk Noble, SUPPORTED by Trustee Powell to approve the request to award thecontract for Parks & Recreation Master Plan not to exceed $29,000, including expenses, to GroyaConsulting. The motion PASSED by voice vote (5 yes votes).C. REQUEST TO APPROVE STANLEY PARK BIOLOGICAL ASSESSMENT CONTRACTDirector O'Neil referenced the May 12,2022 Memorandum from Staff Planner Justin Quagliata. Hereminded that the Township received a grant from the Land and Water Conservation Fund for Stanley Park.He believes the Township will have to spend $16,000 to receive the $500,000, The Natural Park Servicehas deemed this to be a potential habitat for the eastern massasauga rattlesnake. He has never seen onethere, but Justin and representative from the Michigan Fish and Wildlife toured the property and completedan evaluation to determine if this is necessary. He expects by beginning of June to learn if this isnecessary. It is before the Board tonight for a planning on worst case scenario as there is a window ofopportunity to submit this documentation between mid-June to mid-July, If this window of opportunity ismissed, it will cost the Township about six months. He reminded that the park will not be developed until2023, but a delay will push back the start date,Supervisor Kowall interjected that the Township may be able to retain a 50% refund of the cost of the study,Director O'Neil noted the reimbursement would come out of the $500,000. He continued that three firmsthat are qualified in this area were invited and only this consultant provided a price. The firm comes highlyrecommended and did consulting for the Indian Springs Metro park. The Parks & Recreation Committeeunanimously approves this firm with a not to exceed $16, 200.Attorney Hamameh interjected that it could be to authorize the supervisor to sign a contract if deemednecessary.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 15 of 21Director O'Neil believes at a minimum a brief evaluation will need to be filled out, which costs $3,000 to$4,000.It was MOVED by Treasurer Roman, SUPPORTED by Clerk Noble to approve a not to exceed$16,200.00 to allow HRN, LLC to perform a biological assessment proposal at Stanley Park and toallow the supervisor to sign any contracts that may or may not be necessary. The motion PASSEDby voice vote (5 yes votes).D. REQUEST TO PURCHASE NEW GENERATOR FOR TOWNSHIP - 7525 HIGHLANDSupervisor Kowall indicated that he and Director Potter have dealt with this extensively. The generator is20 plus years old and has had issues. He opined that it has exceeded its life expectancy. He shared thatpurchasing a new generator and moving to the future location was not an option and that they were able tolocate and rent a portable generator unit. There is an opportunity to purchase this machine to serve theneeds at the current location and in the future for needs at wellhouses or other locations.Director Potter reiterated repairs to the existing generator proved more problems and the plan now is topurchase a new generator, which is not available for twelve months. His executive secretary received aquote from Mi CAT to purchase the currently rented unit for $27,150. Currently the unit is being rented for$2,276 per month. By his math it will have been paid for in eleven months. He recommends that thisgenerator be purchased. He agrees that it will not be size appropriate for the new township hall but can bethroughout the township for other uses. He believes this would be a general fund expenditure or DPSpurchase.In response to Trustee Powell, Supervisor Kowall noted the generator will not run both the Township Halland the Annex and that he is looking into a smaller scale generator for the Annex.Trustee Powell wondered if it could be prorated to the other departments or if it should just be paid for outof the general fund.Treasurer Roman would be open to either and noted that the Accounting Department makes the decision.He agrees that it is something to be looked at.Supervisor Kowall believes it could create an accounting nightmare.Clerk Noble interjected that it is critical to have the generator, especially for the battery packs of 911.Trustee Smith reminded this was discussed last year when the tornado happened. She is happy that it isable to be remedied.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 16 of 21It was MOVED by Supervisor Kowall, SUPPORTED by Treasurer Roman to approve $27,150.00expenditure, at the moment out of general fund, but subject to internal bookkeeping review. Themotion PASSED by voice vote (5 yes votes).E. TREASURER'S ANNUAL REPORT - YEAR END 2021Supervisor Kowall commented that Treasurer Roman has done an exceptional job in the past few years,Treasurer Roman highlighted key items, including safety of capital, liquidities, and that most of the money isinterested earned (CDs and high-grade bonds managed by Oakland County). The Oakland Countymunicipal pool allows him to pull money when needed. He declared that the Township gets the yield fromthe bonds and has the liquidity to pull money within a days' notice. He is shocked that as recent at threemonths ago he was getting ,05 and now it is 1%.He shared that legacy costs and OPEB was up over $7 million and that it is a moving market. Interestinglyhe noted that the Township is not using OPEB money is not currently being used to fund currently retireehealth benefits.Trustee Powell interjected asking what would happen if the Township owed nothing to OPEB, if it had zeroliability. He doesn't understand what benefit there would be to pay it off.Treasurer Roman indicated the more money you have in there to fund, the better off the Township is. Theamount needed to bring it to 100% is going down annually. He believes the Township is 57% funded andthe state would like it to be higher.Clerk Noble interjected that he thinks Trustee Powell is thinking of MERS, which would not have a benefitto paying it off. He declared that the Township is very fiscally healthy.Treasurer Roman indicated it is called a total portfolio. Almost all of the communities are in this fund. Heidentified that the bank ratings are five stars, which is superior institutions. He identified that there aresummaries of all of the bank accounts in the report.Supervisor Kowall indicated the report shall be received and filed,F. REQUEST TO APPROVE 2022 OPEB CONTRIBUTIONIt was MOVED by Treasurer Roman, SUPPORTED by Supervisor Kowall to approve the retiringhealth care contribution for 2022, which is the same amount and breakdown as 2021, $790,000.00.The motion PASSED by voice vote (5 yes votes).
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 17 of 21G. REQUEST TO APPROVE MARINE PATROL SERVICES AGREEMENT WITH OAKLANDCOUNTY SHERIFF'S OFFICE 2022-2024Supervisor Kowall noted this agreement is required by the Oakland County Sheriff's Department MarineDivision for the Township to act primarily as fiduciary. This has been before the Board multiple times. It isa one size fits all Oakland County agreement. He indicated once it is accepted by the Township, lakes canapproach the Township and go from there.Attorney Hamameh noted that historically she recalled it was Cedar Island Lake and that the associationhad requested the Township enter into this agreement for their lake. The Township approved this contractcondition on the association and Township entering into a contract, The association paid the Township theamount required to establish a schedule that they dictated and a not to exceed amount. She recalled thatonce the Township received that money, it was authorized to sign the contract. She always recommendsthat the Township attach any requested schedule and a not to exceed amount.Supervisor Kowall noted that this particular agreement does not mention any particular waterway.Attorney Hamameh indicated that the Township needs to designate a lake if it wants to limit them. It alsoneeds to identify a schedule.Supervisor Kowall noted that in the past they would call up and say we have "x" amount of dollars and theSheriff's Office would say it would give you this day and that day, based on the amount of money. He wouldnot go there, and the Township would be regulating. This was not done before and he does notrecommend it now.Trustee Powell finds it interesting the debate on Cedar Island Lake last year and to see which side won.Supervisor Kowall identified that this would apply to public access lake. He recommends that it not beinserted at this time until a request is made.Treasurer Roman clarified that it does not require a lake board to request this and that it can be anindividual.Trustee Powell asked if Administration could send notice to all of the lakes, to which Supervisor Kowallindicated he would not know who to send it to as not all lakes have boards.Trustee Smith interjected that the police liaisons have connections with all HOAs and that it is possible ifyou really want to do it.Chief Holland noted that he requires, for example, White Lake to pay for one of his officers to be on thefireworks boat as he understood the Sheriff's Department could not guarantee a boat on the water.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 18 of 21Clerk Noble declared that the Township would be like the bank holding the money,Attorney Hamameh declared that this contract is between the Township and the county and it has nothingto do with third parties. She recalled that in the past when the resolution was passed it was condition upon,and that is how it was connected to a third party.Trustee Powell indicated that the only way to accomplish what Chief Holland speaks of is to be a fee in thepermit process. He shared with residents that it is $40.13 per hour to have marine patrol on the lake,It was MOVED by Treasurer Roman, SUPPORTED by Trustee Powell to approve the 2022-2024Marine Patrol Service Agreement and allow the supervisor and clerk to sign the contracts and anyother agreements in order to effectuate a request by an association or individual for lake patrol.The motion PASSED by voice vote (5 yes votes)H. FIRST READING, AMENDMENT TO FEE ORDINANCE #129Clerk Noble noted the request under Section 22 and 30 are changes and updates requested by theirrespective departments to align the fees with the amounts assessed and collected for Oakland County.Under Section 31, the change is related to Freedom of Information to reflect consistency with otherdepartments. The fee currently reads $1,00 and should read $0,10. All other changes are for spelling andformat only such as changing the word "Fee" to read as "Fees" under section 31 (E).Clerk Noble further thanked Deputy Clerk Santiago and Trish Pergament who engaged in this process.It was MOVED by Clerk Noble, SUPPORTED by Supervisor Kowall to move to second reading theamendment to Fee Ordinance #129. The motion PASSED by voice vote (5 yes votes).I. REQUEST TO APPROVE MASTER AGREEMENT WITH DTE FOR MUNICIPAL STREETLIGHTING - ELIZABETH LAKE ROAD ROUNDABOUTS AT TEGGERDINE AND OXBOWLAKE ROADSSupervisor Kowall indicated that essentially this agreement is that the Road Commission is the ultimatepayee for the installation of the lights and the Township is the payee for the illumination. The estimatedannual cost of $2,700. He indicated this will not start until the lights are in place.Attorney Hamameh noted that she has been fighting with DTE for other communities regarding some of thelanguage and they are not budging. She indicated it is take it, or leave it.Supervisor Kowall indicated if you want street lights this what you have to do. He reminded that theTownship is ultimately responsible for the illumination.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 19 of 21It was MOVED by Clerk Noble, SUPPORTED by Treasurer Roman to approve the request to approvemaster agreement with DTE for municipal street lighting - Elizabeth Lake Road roundabouts atTeggerdine and Oxbow Lake Roads. The motion PASSED by voice vote (5 yes votes).TRUSTEE COMMENTSTrustee Powell was taken back by Supervisor Kowall's statement at the beginning of the meeting that 450officers had died this past year. It is a very sad number.He wanted to inform the Board that there have been a number of meetings regarding the Hidden LakeProject and the concern that the water is isolated and could potentially rise without any means of dropping.They came up with an emergency plan to offer to the association. He was very pleased that they did theirhomework and came up with a plan. It was decided that the Township should not take on the liability forthe distance from the water to the homes, even though it was a condition of the master deed andagreement. He indicated that the Township shouldn't receive all the calls if the developer didn't meet thetownship's dimensions. He would like Director O'Neil to elaborate on it.Director O'Neil does not disagree. He understands that it will fluctuate from season to season and year toyear. He feels that they picked a level so that it won't be an emergent situation. They tried to focus on thesafety of the structure rather than the setback. He hopes that once the site is stabilized, once the infiltrationstarts on each lot, and all the water is not getting into the storm system that it will trickle down. He ishopeful that a document will be achieved by the next week.Trustee Powell would like if the administration could reach out to the Township's Parks & RecreationDepartment to have them reach out to Springfield and Commerce Townships to discuss the mutual desireto extend the pathways between the communities.Treasurer Roman reminded that June 1st is the last day to get your dog licenses without a late fee. Headvised that you can get them online through Oakland County or at the Township. They accept cash,check, or credit card with proof of rabies vaccine.He wished happy retirement to Jeanine Smith and Denise Stefanick and welcomed the new assessor,Dave Hieber.Trustee Smith wished Denise Stefanick a happy retirement. She noted she has been with the library formany years and she wishes her well on her retirement and noted she will be missed.She reminded that in 2019 the Board made Police Week in White Lake Township, this week. She read intothe record: May 15th is National Police Officer Memorial Day. In 1962, President Kennedy signed aproclamation to designate Peace Officer Memorial Day and the week in which the date falls as police week
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 20 of 21honoring all law enforcement officers and those who lost their lives in the line of duty. This year the namesof 619 officers killed in the line of duty, 319 fatalities that were COVID related are being added to thememorial in Washington DC. The 619 officers included 472 officers who were killed during 2021, plus 147officers who died in previous years, but whose stories of sacrifice have been lost until now. She thankedthe Clerk and Deputy Clerk, both being retired police officers, for their service. She shared that the PoliceOfficers Open House is returning this year on June 5th from noon to 3pm, It is a free and fun event, and allare welcome. It is also national EMS week as well.She further shared that the Parks & Rec is hosting their family fun day on June 25th from 3-9pm.She addressed the residents and reminded that social media can take on a life of its own and encouragedthem to not believe everything they read/see on social media. She noted there is a boom in the township,but that the Board needs to be trusted and that they will make sure there is a careful balance of growth.Lastly, she noted it was a pleasure to see everyone at MTA.Clerk Noble congratulated Denise and Jeanine on their retirements.He shared that he was lucky after twenty-six years to make it out of the police force unscathed. He workedwith two officers that were killed in the line of duty. This week is very dear to him and he appreciates themen and women in blue who risk their lives every day. He thanked everyone recognizing that.Supervisor Kowall congratulated Jeanine and Denise on their retirement,He shared with the delay of the roundabouts that it is a prime example of where rates are going. TheOCRC will put it out for bid sometime in the fall.He continued that HomeHaz is Saturday, June 11th from 9am to 1pm, in the Kohls parking lot. Hereminded that they do not take latex paint. There is an available list of what can be taken on the Township'swebsite.He thanked all of the Board, the recorder, the guests for being here and for taking an interest in yourtownship, as it is your home. He wished a good night and God bless to all.
Charter Township of White LakeRegular Board MeetingApproved Minutes of May 17, 2022Page 21 of 21It was MOVED by Treasurer Roman, SUPPORTED by Supervisor Kowall to adjourn. The motionPASSED by voice vote (5 yes votes).The meeting adjourned at 9:28 p.m.1, Anthony L. Noble, the duly elected and qualified Clerk of the Charter Township of White Lake, County ofOakland, State of Michigan, hereby certify that the foregoing is a true copy of the May 17,2022, regularboard meeting minutes.Anthony L. I<bble, ClerkWhite Lake TownshipOakland County, Michigan
July 19, 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 May 12, 2022 the Board of Commissioners for Oakland County entered into an agreement per MR #22182 – Sheriff’s
Office – Interlocal Agreement with the Charter Township of White Lake for 2022-2024 Marine Patrol Services.
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 Charter Township of White Lake, 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 p urposes.)
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
Elizabeth Skwarczewski, Technical Assistant, OCSO
Anthony Noble, Clerk, Charter Township of White Lake
Enclosures
OAKLAND COUNTY SHERIFF'S OFFICE
2022-2024 MARINE PATROL SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP WHITE LAKE
This Agreement is made and entered into between the CHARTER TOWNSHIP OF
WHITE LAKE, a Michigan Constitutional and Municipal Corporation and political subdivision of
the State of Michigan, located within Oakland County, whose address is 7525 Highland Road,
White Lake, Ml 48383 (hereafter the "MUNICIPALITY"), and the COUNTY OF OAKLAND, a
Michigan Constitutional and Municipal Corporation and political subdivision of the State of
Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter
the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a Michigan
Constitutional Officer, whose address is County Service Center, Building. #38 East, 1200 N.
Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"), In this Agreement,
whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will be referred
to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated, the
"O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to individual described
herein.
INTRODUCTORY STATEMENTS
Whereas, the O.C.S.O. is authorized to enforce MARINE LAW but, absent an agreement such
as this, has only limited responsibility to do so within the MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the
O.C.S.O. would enforce MARINE LAW in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for the enforcement of
MARINE LAW in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to enforcing MARINE LAW within in the MUNICIPALITY
with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and agreements set forth in this Agreement, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the
SHERIFF, and the MUNICIPALITY mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY
SHERIFF'S OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes,
and as used throughout this Agreement, the following terms and expressions whether used in
the singular or plural, possessive or nonpossessive, and/or either within or without quotation
marks, shall be defined and interpreted as provided herein. The parties further agree that as
defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY
OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who,
at the time relevant to any issue, claim, or interpretation of this Agreement, was either a
"MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S
DEPUTY" but, for any reason, is no longer employed in that capacity.
a. "CLAIM" shall be defined to include any and all losses, complaints, demands for
relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies,
penalties, costs and expenses, including, but not limited to, reimbursement for
reasonable attorney fees, witness fees, court costs, investigation, litigation expenses,
amounts paid in settlement, and/or any other amount for which either party becomes
legally and/or contractually obligated to pay, whether direct, indirect or consequential,
whether based upon any alleged violation of the constitution (federal or state), any
statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
b. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY
representatives elected by popular vote to a COUNTY office or such persons appointed,
pursuant to state law, to fill a vacant elected office pending an election.
c. "MARINE LAW" means Subchapter 5 ("Watercraft and Marine Safety") of the
Natural Resources and Environmental Protection Act (Public Act 451 of 1994), rules
promulgated thereunder by the Michigan Department of Natural Resources, and local
ordinances adopted in conformity with this Act.
d. "MARINE PATROL SERVICES" shall be defined and interpreted as the
prevention and detection of MARINE LAW violations and the enforcement of MARINE
LAWS upon all lakes or waterways designated by the MUNICIPALITY. The MARINE
PATROL SERVICES contemplated and to be provided under this Agreement are strictly
limited to those governmental MARINE PATROL SERVICES authorized by law to be
performed by the O.C.S.O.
e. "MUNICIPALITY OFFICIAL" shall be defined to include any and all
MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or
such persons appointed, pursuant to state law, to fill a vacant elected office pending an
election, and those individual MUNICIPALITY employees or agents whose specific job
responsibilities mandate the enforcement of state statutes or local ordinances such as
the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster.
f. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY
employees, managers, departments, divisions, volunteers, agents, representatives,
predecessors, successors, attorneys, or auditors, other than MUNICIPALITY
OFFICIALS as defined above (whether such persons act, or acted, in their personal,
representative, or official capacities), and/or any and all persons acting by, through,
under, or in concert with any of them.
g. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all
purposes under this Agreement.
h. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted
for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY
under this Agreement, who is designated by the SHERIFF to maintain all lines of
communications with the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O.
LIAISON will generally be the commanding officer, if one, or a SHERIFF'S DEPUTY
designated, in writing, by the SHERIFF to perform this function.
i. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include
any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Special Deputy, Patrol
Investigator, Detective Sergeant, or any other person or persons of any rank,
classification, or title who, pursuant to state law, is a sworn Deputy of the SHERIFF.
O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE
Page 2
04.01.22
2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as
shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE
ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A'"). which is attached to, incorporated
in and made part of this Agreement, to perform any and all O.C.S.O. MARINE PATROL
SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY.
MARINE PATROL SERVICES, as defined above, shall not include O.C.S.O. police-related
"Support Services," such as Arson Investigation, Detective and Crime Lab services, which the
O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary herein.
Nevertheless, such additional "Support Services" shall continue to be made available, at no
additional cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to make
such law enforcement "Support Services" available, at no additional charge, to all other
communities within Oakland County.
a. The MUNICIPALITY acknowledges that, except as provided for under the terms
of this Agreement, the SHERIFF has only limited responsibility for MARINE PATROL
SERVICES in the MUNICIPALITY and is not otherwise required, except as provided
herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide
MARINE PATROL SERVICES to the MUNICIPALITY.
b. The SHERIFF will make every reasonable effort to provide professional MARINE
PATROL SERVICES to the MUNICIPALITY, following generally accepted standards for
police protection, with the levels of staff provided for in SCHEDULE A.
c. Notwithstanding any other provision in this Agreement, this Agreement shall not
be interpreted to include any warranty, promise or guaranty, either express or implied, or
of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other
person or MUNICIPALITY resident that the O.C.S.O.'S provision of MARINE PATROL
SERVICES under this Agreement will result in any specific reduction or prevention of
criminal activity within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this
Agreement is to provide governmental MARINE PATROL SERVICES in and for the
MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the
MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by
implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or
special right to O.C.S.O.' s MARINE PATROL SERVICES in favor of or to the benefit of any
particular person(s) beyond the O.C.S.O.'S and/or any SHERIFF'S DEPUTY'S law enforcement
officer duty, as established under existing law, to the general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY
contracted for and assigned to provide MARINE PATROL SERVICES to the MUNICIPALITY, as
provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is
being charged, only on MUNICIPALITY-related police matters. It is understood and agreed,
however, that "Mutual Aid" between communities may be provided to surrounding communities.
"Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY
contracted for and assigned to the MUNICIPALITY may be absent from the MUNICIPALITY, at
MUNICIPALITY expense, when temporarily called to the aid of another community due to an
emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses
some special skill or qualification temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the
Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the
MARINE PATROL SERVICES contemplated under this Agreement.
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a. Except as may otherwise be expressly provided in this subparagraph or in
SCHEDULE A, whenever any SHERIFF'S DEPUTY contracted for and assigned
to provide MARINE PATROL SERVICES to the MUNICIPALITY is not present in
the MUNCIPALITY'S geographical area, due to any of the reasons described in
subparagraphs 1 - 3 below, such periods of time shall be included in and counted
toward the hours allotted for MARINE PATROL SERVIES set forth in
SCHEDULE A:
1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac,
Michigan, at the beginning of or end of any shift by any SHERIFF'S
DEPUTY if that SHERIFF DEPUTY'S shift starts or ends in Pontiac;
2. Appearance in any Court or at any meeting with any other law
enforcement agency in connection with any prosecution or Court
appearance related to MUNICIPALITY marine patrol activities;
3. Performance of any MARINE PATROL SERVICES for the
MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the
MUNICIPALITY'S geographical area; and
b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S
DEPUTIES in order to concentrate marine patrol efforts to meet particular marine law
enforcement priorities and needs, the SHERIFF shall assign SHERIFF DEPUTIES
contracted for under this Agreement so as to provide the broadest possible coverage of
MARINE PATROL SERVICES to the MUNICIPALITY.
c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be
applicable to this Agreement shall be made available by the SHERIFF for inspection by
the MUNICIPALITY LIAISON at the O.C.S.O, by appointment, during normal business
hours.
6. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate,
or otherwise, transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF DEPUTY'S
services, duties, or obligations under this Agreement to any other public or private person,
corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives
the need for any SHERIFF'S DEPUTY'S MARINE PATROL SERVICES beyond those
SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual
MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional
MARINE PATROL SERVICES, the MUNICIPALITY shall address such concerns for additional
MARINE PATROL SERVICES to the SHERIFF as provided for in this Agreement (i.e,
preceding Paragraph).
7. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' MARINE
PATROL SERVICES rendered pursuant to this Agreement at the hourly rates shown in
SCHEDULE A. The MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all
additional hours of work, overtime, and/or holiday pay costs incurred by the O.C.S.O. in
providing MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this
Agreement. For every bi-weekly period (corresponding to established O.C.S.O. payroll periods)
during which any SHERIFF'S DEPUTY renders any MARINE PATROL SERVICES to the
MUNICIPALITY under the terms of this Agreement, the O.C.S.O. shall prepare and send to the
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MUNICIPALITY an invoice that sets forth the bi-weekly amount due for each SHERIFF'S
DEPUTY'S MARINE PATROL SERVICES rendered during that bi-weekly period, plus any
charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein,
during that bi-weekly billing period. All overtime charges are to be itemized and designated for
the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due
on any such invoice within 30 days of the invoice date.
a. If the MUNICIPALITY purchases or otherwise obtains a special event insurance
policy for itself or any lake associations for an event that occurs during the
SHERIFF'S DEPUTIES' MARINE PATROL SERVICES scheduled hours described
in this Agreement, the County of Oakland and O.C.S.O., including County Agents,
shall be named as additional insureds on the insurance policy.
8. If the MUNICIPALITY fails, for any reason, to pay the COUNTY any monies when and
as due under this Agreement, the MUNICIPALITY agrees that unless expressly prohibited by
law, the COUNTY or the County Treasurer, at their sole option, shall be entitled to set-off from
any other MUNICIPALITY funds that are in the COUNTY'S possession for any reason. Funds
include but are not limited to the Delinquent Tax Revolving Fund ("DTRF"). Any set-off or
retention of funds by the COUNTY shall be deemed a voluntary assignment of the amount by
the MUNICIPLIATY to the COUNTY. The MUNICIPALITY waives any CLAIMS against the
County or it's Officials for any acts related specifically to the COUNTY'S off-setting or retaining
such amounts. This paragraph shall not limit the MUNICIPALITY'S legal right to dispute
whether the underlying amount retained by the COUNTY was actually due and owing under this
Agreement. If the County chooses not to exercise its right to set-off or if any setoff is insufficient
to fully pay the COUNTY any amounts due and owing the COUNTY under this Agreement, the
COUNTY shall have the right to charge up to the then-maximum legal interest on any unpaid
amount. Interest charges shall be in addition to any other amounts due to the COUNTY under
this Agreement. Interest charges shall be calculated using the daily unpaid balance method and
accumulate until all outstanding amounts and accumulated interest are fully paid. Nothing in
this section shall operate to limit the COUNTY'S right to pursue or exercise any other legal rights
or remedies under this Agreement against the MUNICIPALITY to secure reimbursement of
amounts due the County under this Agreement. The remedies in this Section shall be available
to the COUNTY on an ongoing and successive basis if the MUNICIPALITY at any time
becomes delinquent in its payment. Notwithstanding any other term and condition in this
Agreement, if the COUNTY pursues any legal action in any court to secure its payment under
this Agreement, the MUNICIPALITY agrees to pay all costs and expenses, including attorney's
fees and court costs, incurred by the COUNTY in the collection of any amount owed by the
MUNICIPALITY.
9. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor
any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or
claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all
purposes under the terms of this Agreement, the O.C.S.O.'S legal status and relationship to the
MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any
employment status and/or employment relationship exists between any SHERIFF'S DEPUTY
and the MUNICIPALITY.
10. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer
of all SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively
responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime
O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE
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wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to, workers' disability compensation, unemployment
compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any
other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S
DEPUTY'S status as an employee of the O.C.S.O. Except as expressly provided otherwise in
this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other
thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual
SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY
and/or any personal property, automobiles, or any portable equipment (e.g., portable
telephones, portable computers, beepers, etc.) supplied, provided, and/or leased directly to the
COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
SHERIFF'S DEPUTY.
11. Except as expressly provided for in this Agreement, the parties agree that this
Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability
associated with any governmental function delegated and/or entrusted to either party under any
existing law or regulation.
12. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S
DEPUTY while acting under the terms of this Agreement shall perform any services directly or
otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY
shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY.
13. The MUNICIPALITY shall not provide, furnish or assign any SHERIFF'S DEPUTY with
any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt
to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any
O.C.S.O.'S duty or obligation under the terms of this Agreement.
14. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any
information that may come to its knowledge or possession regarding any act contrary to the
terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any
allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall
promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any
other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the
MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY
agrees to cooperate with the O.C.S.O. in any investigation conducted by the SHERIFF into the
character and/or fitness of any SHERIFF'S DEPUTY.
15. The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S
DEPUTIES with all necessary tools, boats, automobiles, radios, communications equipment,
firearms, and any and all other equipment that the O.C.S.O., in its sole judgment, deems
required or beneficial for the completion of any O.C.S.O.'S duty under the terms of this
Agreement. The O.C.S.O. shall also be solely and exclusively responsible for any and all
SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs,
insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY
ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY,
shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and
expense. In the event that the MUNICIPALITY wants any special or additional personal
O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE
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property or equipment (i.e., cellular telephones, beepers, personal items or equipment, portable
computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or
otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY
shall direct such requests to the O.C.S.O. which shall solely decide whether such personal
property or special equipment shall be provided. Any and all such additional personal property,
portable or individual use equipment or property, and/or any special equipment to be provided
by the MUNICIPALITY shall be provided directly and exclusively to the O.C.S.O., and then
ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the
COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal
property, supplies, or other equipment, nor the use thereof, shall be provided or made available
by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as
provided for in this paragraph.
16. Each party shall be responsible for any CLAIMS made against that Party and for the acts
of its Employees or Agents.
17. In any CLAIMS that may arise from the performance of this Agreement, each party shall
seek its own legal representation and bear the costs associated with such representation,
including any attorney fees.
18. Except as otherwise provided in this Agreement, neither Party shall have any right under
this Agreement or under any other legal principle to be indemnified by the other Party or any of
its agents or employees in connection with any CLAIM.
19. This Agreement does not, and is not intended to, impair, divest, delegate or contravene
any constitutional, statutory, and/or other legal right, privilege, power, obligation duty, or
immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party.
20. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M.,
May 1, 2022, and shall remain in effect continuously until it expires, without any further act or
notice being required by either party, at 11:59 P.M. on September 30, 2024. In addition, any
party may terminate this Agreement, prior to its September 30, 2022 expiration, upon written
notification to all others at least thirty (30) days prior to the proposed termination date, which
date shall be clearly stated in the written notice. Upon the expiration or termination of this
Agreement, all further O.C.S.O.'S obligations to provide MARINE PATROL SERVICES to the
MUNICIPALITY under this Agreement shall end.
21. This Agreement, and any subsequent amendments, shall not become effective prior to
the approval by concurrent resolutions of the COUNTY Board of Commissioners and the
MUNICIPALITY Governing Body. The approval and terms of this Agreement shall be entered in
the official minutes and proceedings of the COUNTY Board of Commissioners and
MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the
COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent
amendments shall be filed with the Secretary of State for the State of Michigan by the O.C.S.O.
and shall not become effective or implemented prior to its filing with the Secretary of State.
22. The parties shall send, by first class mail, or alternatively may deliver in person, any
correspondence and written notices required or permitted by this Agreement to each signatory
to this Agreement, or any signatory successor in office, to the addresses shown in this
Agreement. Except as otherwise provided for herein, all correspondence or written notices shall
be considered delivered to a party as of the date that such notice is deposited with sufficient
O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE
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postage with the U.S. Postal Service or delivered to such person's office during normal working
hours.
23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify,
supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms
or conditions of employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable
O.C.S.O. employment and/or union contract, and/or any O.C.S.O. rule(s), regulation(s), hours of
work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment relationship between the
O.C.S.O. and any SHERIFF'S DEPUTY and/orthe conduct and actions of any SHERIFF'S
DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be
interpreted to limit, modify, control, or otherwise affect, in any manner:
a. The complete and unilateral discretion of the SHERIFF to either continue or
revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the
SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a
SHERIFF'S DEPUTY.
b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion
to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all
SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation,
fringe benefits, or otherwise decide any and all such terms and conditions of
employment and make any and all employment decisions that affect, in any way, the
employment of any SHERIFF'S DEPUTY with the O.C.S.D, subject only to its collective
bargaining Agreements.
c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies, procedures,
orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or
directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY,
any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or
amount of required supervision, any and all standards of performance, any sequence or
manner of performance, and any level(s) of experience, training, or education required
for any SHERIFF'S DEPUTY performing any O.C.S.O. duty or obligation under the terms
of this Agreement.
24. This Agreement is made and entered into in the State of Michigan and shall in all
respects be interpreted, enforced and governed under the laws of the State of Michigan. The
language of all parts of this Agreement shall in all cases be construed as a whole, according to
its fair meaning, and not construed strictly for or against any party. As used in this Agreement,
the singular or plural number, the possessive or nonpossessive, shall be deemed to include the
other whenever the context so indicates or requires.
25. Absent an expressly written waiver, the failure of any party to pursue any right granted
under this Agreement shall not be deemed a waiver of that right with regard to any existing or
subsequent breach or default under this Agreement. No failure or delay by any party in
exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a
single or partial exercise of any right, power or privilege preclude any other or further exercise of
any other right, power or privilege.
O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE
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26. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the
MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all
persons acting by, through, under, or in concert with any of them.
27. This Agreement, consisting of eleven (11) pages, including SCHEDULE A, (incorporated
herein), sets forth the entire Agreement between the O.C.S.O. and the MUNICIPALITY with
regard to the O.C.S.O.'S provision of MARINE PATROL SERVICES and/or any SHERIFF'S
DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements
or understandings between them in any way related to the subject matter hereof. It is further
understood and agreed that the terms of this Agreement are contractual and are not mere
recitals and that there are no other agreements, understandings, or representations between
the O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
expressly stated herein. This Agreement shall not be changed or supplemented orally. This
Agreement may be amended only by concurrent resolutions of the COUNTY Board of
Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth
in this Agreement.
O.C.S.O. 2022-2024 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WHITE LAKE
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David T. Woodward (Jun 14, 2022 15:16 EDT)
Jun 14, 2022
Jo Ann Stringfellow (Jun 14, 2022 15:33 EDT)
SCHEDULE A
MARINE PATROL AGREEMENT
2022-2024
Ranks: The Sheriff's Deputies to be assigned to Municipality under the Agreement to
which this Schedule is attached will be Marine Deputies with a rank or
classification of'PTNE", Part Time, Non-Eligible (for Benefits.)
Rates: The Hourly Rates upon which Municipality's payment obligation shall be
determined are as follows:
Marine Deputy
with Boat
Marine Deputy
with Boat
Overtime Rate
Marine Deputy
without Boat
Marine Deputy
without Boat
Overtime Rate
2022
$40.13
$53.44
$28.97
$42.28
2023
$41.34
$54.91
$30.18
$43.75
2024
$42.77
$56.62
$31.16
$45.46
Lakes: The designated lakes and waterways upon which Marine Patrol Services as
defined in Section 1.d. of the Agreement to which this Schedule is attached are
to be provided shall be identified in writing by the municipality. Within this writing,
the MUNCIPALITY may include any requested schedule and a "NOT TO
EXCEED" amount of billings for lake or waterway.
Invoices: The invoices submitted by the O.C.S.O. to Municipality for Marine Patrol Services
shall identity the designated lake or waterway to which they relate.
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