HomeMy WebLinkAboutInterlocal Agreements - 2022.06.23 - 37558
AGENDA ITEM: Interlocal Agreement Equalization Resolution for Assessing Contracts for 2022-
2023 22-216
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, June 23, 2022 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
Equalization Gwen Markham
INTRODUCTION AND BACKGROUND
Resolution authorizing the Equalization Division to enter into one-year renewals of interlocal
agreements with the 32 cities and townships that the County provides property assessing services
for.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
Kyle Jen, Director Management & Budget-
APP
Terry Schultz, Chief Equalization
jenk@oakgov.com, schultzt@oakgov.com
ITEM REVIEW TRACKING
Board of Commissioners Created/Initiated - 6/23/2022
Board of Commissioners Approved - 6/23/2022
Executive's Office Approved - 6/24/2022
Clerk/Register of Deeds Final Approval - 6/24/2022
AGENDA DEADLINE: 06/23/2022 6:30 PM
COMMITTEE TRACKING
2022-06-15 Finance - recommend to Board
2022-06-23 Full Board
ATTACHMENTS
1. 2023 Real Personal Property Agreement Template (Final Draft 05-12-22)
2. M&B_Equalization - Interlocal Agrmt Equalization Assessing Contracts for 2022-2023_SchA
3. 2022-2023 RATES PER PARCEL_EQUALIZATION DIVISION ASSISTANCE SERVICES
4. OCED Contract CVTs Map as of 2022
June 23, 2022
MISCELLANEOUS RESOLUTION #22-216
Sponsored By: Gwen Markham
Equalization - Interlocal Agreement Equalization Resolution for Assessing Contracts for 2022-2023
Chairperson and Members of the Board:
WHEREAS the Equalization Division provides a number of services to local units of government, including
original assessments, reappraisals, and file maintenance; and
WHEREAS these services are provided under contract with the local units as approved by the Board of
Commissioners; and
WHEREAS the County Executive Administration is recommending one-year renewals of these contracts,
generally with an inflationary increase in rates of 4%, so that the County can perform a comprehensive
assessment of services provided to these local units and ensure that appropriate rates are charged on a uniform
basis prior to entering into new three-year contracts beginning in 2023; and
WHEREAS the estimated annual impact of the 4% increase is $132,000 and a budget amendment is
recommended for FY 2022 - FY 2025.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
entering into the attached Contract for Oakland County Equalization Division Assistance Services covering the
term July 1, 2022 through June 30, 2023 with each of the Charter Townships of Commerce, Lyon, Milford,
Oakland, Oxford, Royal Oak and Springfield; the Townships of Groveland, Holly, Novi, Orion, Rose and
Southfield; the Cities of Berkley, Birmingham, Bloomfield Hills, Village of Clarkston, Clawson, Farmington,
Ferndale, Hazel Park, Huntington Woods, Keego Harbor, Lathrup Village, Madison Heights, Orchard Lake
Village, Pleasant Ridge, Pontiac, Rochester, South Lyon, Walled Lake and Wixom.
BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign the
contracts.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract
with the concerned unit of government as required by law.
BE IT FURTHER RESOLVED that the FY 2022 - FY 2025 budget is amended as reflected in the attached
Schedule A budget amendment document.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Gwen Markham.
Date: June 23, 2022
David Woodward, Commissioner
Date: June 24, 2022
Hilarie Chambers, Deputy County Executive II
Date: June 24, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-06-15 Finance - recommend to Board
2022-06-23 Full Board
VOTE TRACKING
Motioned by Commissioner Charles Cavell seconded by Commissioner Michael Gingell to adopt the attached
Interlocal Agreement: Equalization Resolution for Assessing Contracts for 2022-2023.
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen Kowall, Angela Powell,
Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (17)
No: Christine Long, Philip Weipert (2)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. 2023 Real Personal Property Agreement Template (Final Draft 05-12-22)
2. M&B_Equalization - Interlocal Agrmt Equalization Assessing Contracts for 2022-2023_SchA
3. 2022-2023 RATES PER PARCEL_EQUALIZATION DIVISION ASSISTANCE SERVICES
4. OCED Contract CVTs Map as of 2022
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 23, 2022, with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan on Thursday, June 23, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE <CVT>
(Real and Personal Property Services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE
SERVICES WITH THE <CVT> (hereafter, this "Contract") is made and entered into between the
COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address
is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the CVT,
a Michigan Constitutional and Municipal Corporation whose address is street address Michigan,
zip code (hereafter, the "Municipality"). In this Contract, either the County and/or the
Municipality may also be referred to individually as a "Party" or jointly as "Parties."
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to State law, including, but not limited to, the Michigan
General Property Tax Act (MCL 211.1, et seq.) is required to perform real and personal
property tax appraisals and assessments for all nonexempt real and personal property
located within the geographic boundaries of the Municipality for the purpose of levying
State and local property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to
an order of the State Tax Commission mandating the County to perform all or some of
the property tax appraisal and tax assessment responsibilities for real and/or personal
property located within the Municipality's geographic boundaries (MCL 211.10(f)), the
County, has no obligation to provide these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board
of Commissioners, through the Equalization Division, may furnish assistance to local
assessing officers in the performance of certain legally mandated property appraisal and
assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in
performing the "Equalization Division Assistance Services" (as described and defined in
this Contract) and has agreed in return to reimburse the County as provided for in this
Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as
defined herein, possessing the requisite knowledge and expertise and is agreeable to
assisting the Municipality by providing the requested "Equalization Division Assistance
Services" under the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and agreements set forth in this Contract, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the County and the
Municipality agree as follows:
§1. DEFINED TERMS. In addition to the above defined terms (i.e., "Contract", "County",
"Municipality", and "Party" and "Parties"), the following words and expressions when
printed with the first letter capitalized as shown herein, whether used in the singular or
plural, possessive or nonpossessive, and/or either within or without quotation marks,
shall, be defined and interpreted as follows:
1.1. "County Agent" or "County Agents" means all Oakland County elected officials,
appointed officials, directors, board members, council members, commissioners,
authorities, other boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such
persons' successors or predecessors, agents, employees, attorneys, or auditors
(whether such persons act or acted in their personal representative or official
capacities), and/or any persons acting by, through, under, or in concert with any
of them, excluding the Municipality and/or any Municipality Agents, as defined
herein. "County Agent" and/or "County Agents" shall also include any person
who was a County Agent anytime during the term of this Contract but, for any
reason, is no longer employed, appointed, or elected and serving as a County
Agent.
1.2. "Equalization Division Personnel” means a specific subset of and included as
part of the larger group of County Agents as defined above and shall be further
defined as all County Agents specifically employed and assigned by the County
to work in the Equalization Division of the County’s Department of Management
and Budget as shown in the current County budget and/or personnel records of
the County. For all purposes in this Contract, any reference to County Agents
shall also include within that term all Equalization Division Personnel, but any
reference in this Contract to Equalization Division Personnel shall not include any
County Agent employed by the County in any other function, capacity, or
organizational unit of the County other than the Equalization Division of the
Department of Management and Budget.
1.3. "Municipality Agent" or "Municipality Agents" means all Municipality officers,
elected officials, appointed officials, directors, board members, council members,
authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such
persons' successors or predecessors, agents, employees, attorneys, or auditors
(whether such persons act or acted in their personal, representative, or official
capacities), and/or all persons acting by, through, under, or in concert with any of
them, except that no County Agent shall be deemed a Municipality Agent and
conversely, no Municipality Agent shall be deemed a County Agent.
"Municipality Agent" shall also include any person who was a Municipality Agent
at any time during this Contract but for any reason is no longer employed,
appointed, or elected in that capacity.
1.4. "Claim(s)" mean all alleged losses, claims, complaints, demands for relief or
damages, suits, causes of action, proceedings, judgments, deficiencies,
liabilities, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs,
investigation and/or litigation expenses, any amounts paid in settlement, and/or
any other amounts of any kind whatsoever which are imposed on, incurred by, or
asserted against a Party, or for which a Party may become legally and/or
contractually obligated to pay or defend against, 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 and arising out of the performance or participation in this Contract.
1.5. "Municipality Taxpayer" means all residents, property owners, persons, or
taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality
pursuant to any applicable State Property Tax Laws.
1.6. "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition all
departments or agencies of State government including specifically, but not
limited to, the State Tax Commission, the State Tax Tribunal, and/or the State
Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES. The full and complete
scope of all County Equalization Division Assistance Services shall be as described and
limited in the following subsections (hereinafter defined and referred to as either
“Equalization Division Assistance Services” or "Services”).
2.1. "EQUALIZATION DIVISION ASSISTANCE SERVICES" OR "SERVICES" TO BE
PROVIDED. Equalization Division Assistance Services or Services, to be
performed by County for the Municipality as those terms are defined in this
Contract, shall only include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal
property from July 1, 2022 to June 30, 2023 as required by laws of the
State of Michigan. The County shall make assessments of real and
personal property within the Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all property, process all
real and personal property description changes, prepare the assessment
roll for real and personal property in the Municipality; attend March, July
and December Boards of Review and other such duties as required by
the State General Property Tax Laws. The Equalization Division
personnel will also be available for consultation on all Michigan Tax
Tribunal real and personal property and special assessment appeals and
will assist the Municipality in the preparation of both the oral and written
defense of appeals, as long as there is a current Contract in effect.
2.2. PURPOSE OF COUNTY "SERVICES". The purpose of all Equalization Division
Assistance Services or Services to be performed under this Contract shall be to
assist (e.g., to help, aid, lend support, and/or participate as an auxiliary, to
contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and the
Municipality's legal responsibilities for property tax appraisal and assessment
pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES. All Equalization Division
Assistance Services or Services to be provided by the County for the Municipality
under this Contract shall be performed solely and exclusively by the County's
Equalization Division Personnel.
2.3.1. Equalization Division Personnel, including those certified as Michigan
Master Assessing Officers (MMAO), shall be employed and assigned by
the County in such numbers and based on such appropriate
qualifications and other factors as decided solely by the County.
2.3.2. The County shall be solely and exclusively responsible for furnishing all
Equalization Division Personnel with job instructions, job descriptions,
and job specifications and shall in all circumstances control, supervise,
train, or direct all Equalization Division Personnel in the performance of
all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the County shall
remain the sole and exclusive employer of all County Agents and
Equalization Division Personnel and that the County shall remain solely
and completely liable for all County Agents' past, present, or future
wages, compensation, overtime 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 benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or
any other statutory or contractual right or benefit based on or in any way
related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect
or control, in any manner, form, or at any time, any right, privilege,
benefit, or any other term or condition of employment, of any kind or
nature whatsoever, in, upon, or for any County Agent or Equalization
Division Personnel with the County, any applicable County employment
and/or union contract, and/or any County 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 County and any County
Agent or Equalization Division Personnel and/or the conduct and actions
of any County Agent or any Equalization Division Personnel. To
illustrate, but not otherwise limit, this Contract does not and shall not be
interpreted to limit, modify, control, or otherwise affect, in any manner:
2.3.4.1. The County's sole and exclusive right, obligation,
responsibility, and discretion to employ, compensate, assign,
reassign, transfer, promote, reclassify, discipline, demote,
layoff, furlough, discharge any Equalization Division Personnel
and/or pay all Equalization Division Personnel's wages,
salaries, allowances, reimbursements, compensation, fringe
benefits, or otherwise decide all such terms and conditions of
employment and make all employment decisions that affect, in
any way, the employment of any Equalization Division
Personnel with the County, subject only to its applicable
collective bargaining Contracts.
2.3.4.2. The County's sole and exclusive right, obligation, and
responsibility to determine, establish, modify, or implement 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 County Agent or Equalization Division Personnel, any
necessary County Agent or Equalization Division Personnel's
training standards or proficiency(ies), any level or amount of
required supervision, all standards of performance, any
sequence or manner of performance, and any level(s) of
experience, training, or education required for any Equalization
Division Personnel performing any County duty or obligation
under the terms of this Contract.
2.3.5. Except as expressly provided for under the terms of this Contract and/or
laws of this State, no County Agent or Equalization Division Personnel,
while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be
employed, utilized, or perform any other services, of any kind, directly or
indirectly, in any manner or capacity, or otherwise be available to
perform any other work or assignments by or for the Municipality during
the term of this Contract. This section shall not prohibit the Municipality
from employing any person who was a former County Agent but is no
longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or
applicable State law, neither the County, nor any County Agent, nor any
Equalization Division Personnel, by virtue of this Contract or otherwise,
shall be deemed, considered or claimed to be an employee of the
Municipality and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any
Equalization Division Personnel with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to
control, supervise, train, or direct any Personnel in the performance of
any County's Equalization Division Assistance Services duty or obligation
under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents shall be responsible for assisting or providing any other services or
assistance to the Municipality or assume any additional responsibility for
assisting the Municipality in any other way or manner with any Municipality
obligations under all State Property Tax Laws, including, but not limited to,
providing any attorney or legal representation to the Municipality or any
Municipality Agent at any proceeding before the Michigan Tax Tribunal or any
other adjudicative body or court, except as expressly provided for in this
Contract.
2.4.1. The Municipality shall, at all times and under all circumstances, remain
solely liable for all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality tax appraisal or
assessment functions or any other Municipality legal obligation under
any applicable State Property Tax Laws. The Municipality shall employ
and retain its own Municipality legal representation, as necessary, to
defend any such claim or challenge before the State Tax Tribunal or any
other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations
incumbent only upon licensed Equalization Division Personnel (i.e., State
Licensed and Certified Real and/or Personal Property Tax Assessors) to
defend property tax appraisals and assessments that they either
performed, or were otherwise performed under their supervision, before
the Michigan Tax Tribunal, no other County Agents, including any
County attorneys shall be authorized, required and/or otherwise
obligated under this Contract or pursuant to any other agreement
between the Parties to provide any legal representation to or for the
Municipality and/or otherwise defend, challenge, contest, appeal, or
argue on behalf of the Municipality before the Michigan Tax Tribunal or
any other review body or court.
§3. TERM OF CONTRACT. The Parties the term of this Contract shall begin on July 1, 2022
and shall end on June 30, 2023, without any further act or notice from either Party being
required. All Services otherwise provided to the Municipality prior to the effective date of
this Contract, shall be subject to the terms and conditions provided for herein.
§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY. Except as
expressly provided for in this Contract, the Municipality agrees that this Contract does
not, and is not intended to, transfer, delegate, or assign to the County, and/or any County
Agent or Equalization Division Personnel 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 the Municipality under any applicable State Property Tax
Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely
liable for all costs, legal obligations, and/or civil liabilities associated with or in
any way related to any Municipality tax appraisal or assessment functions or any
other Municipality legal obligation. Under no circumstances shall the County be
responsible for any costs, obligations, and/or civil liabilities associated with its
Municipality function or any responsibility under any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations
for the County and shall take all necessary steps to ensure that any debts, liens,
liabilities, or obligations that the Municipality may incur shall not become a debt,
liability, obligation, or Claim(s) against the County.
4.3. The Municipality shall at all times remain responsible for the ultimate completion
of all Municipality duties or obligations under all applicable State Property Tax
Laws. Nothing in this Contract shall relieve the Municipality of any Municipality
duty or obligation under any applicable State Property Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for
compliance with all Federal, State, and local laws, ordinances, regulations, and
agency requirements in any manner affecting any work or performance of this
Contract or with any Municipality duty or obligation under any applicable State
Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY. The
Parties reserve to themselves any rights and obligations related to the provision of all of
each Party's respective governmental services, authority, responsibilities, and
obligations. Except as otherwise expressly provided herein, this Contract does not, and
is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or
contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or
legal responsibility, obligation, duty of care, liability, capacity, immunity, authority or
character of office of either Party.
5.1. Notwithstanding any other term or condition in this Contract, that no provision in
this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by
either Party, either for that Party and/or any of that Party's County or Municipal
Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall
be deemed to, in any way, limit or prohibit the Oakland County Board of
Commissioners statutory rights and obligations to review and/or further equalize
Municipality property values or tax assessments and/or further act upon any
Municipality assessment(s) of property taxes under any applicable State Property
Tax Laws, including, but not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE. The Municipality shall pay to the County the following: For the
contract year 2022-2023 the sum of $xx.xx for each real property description and $xx.xx
for each personal property description rendered. Payment for the contract year 2022-
2023 is payable on or before July 1, 2023.
If during the term of this Contract, there are additional services requested of the County,
the Parties shall negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working
hours to be billed at the applicable Equalization Division personnel’s overtime
rate and charged to the Municipality over and above any other fees described in
this Contract, with the following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.30(3).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality shall be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed
under this Contract. The Municipality agrees to be responsible for all
photographic supplies.
6.3. If the Municipality fails, for any reason, to pay the County any monies when and
as due under this Contract, the Municipality agrees that unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall
be entitled to a setoff 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 setoff or retention of funds by the County
shall be deemed a voluntary assignment of the amount by the Municipality to the
County. The Municipality waives any claims against the County or its Officials for
any acts related specifically to the County’s offsetting 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
Contract.
6.4. If the County chooses not to exercise its right to setoff or if any setoff is
insufficient to fully pay the County any amounts due and owing the County under
this Contract, 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 Contract. Interest charges shall be
calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid.
6.5. Nothing in this Section shall operate to limit the County’s right to pursue or
exercise any other legal rights or remedies under this Contract against the
Municipality to secure reimbursement of amounts due the County under this
Contract. The remedies in this Section shall be available to the County on an
ongoing and successive basis if Municipality at any time becomes delinquent in
its payment. Notwithstanding any other term and condition in this Contract, if the
County pursues any legal action in any court to secure its payment under this
Contract, 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.
6.6. Notwithstanding any other term or condition in this Contract, should the
Municipality fail for any reason to timely pay the County the amounts required
under this Contract, the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any
Services or performance obligations under this Contract.
§7. LIABILITY. Each Party shall be responsible for any Claims made against that Party and
for the acts of County Agents or Municipality Agents, as applicable. In any Claims that may
arise from the performance of this Contract, each Party shall seek its own legal
representation and bear the costs associated with such representation including any
attorney fees.
7.1. This Contract does not and is not intended to create or include any County
warranty, promise, covenant or guaranty, either express or implied, of any kind or
nature whatsoever in favor of the Municipality, and/or any Municipality Agents, or
any Municipality Taxpayer or any other person or entity, or that the County’s
efforts in the performance of any obligation under this Contract will result in any
specific monetary benefit or efficiency, or increase in any tax revenue for the
Municipality, or will result in any specific reduction or increase in any property
assessment, or guarantee that any Services provided under this Contract will
withstand any challenge before the State Tax Tribunal or any court or review
body, or any other such performance-based outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for any
indirect, incidental, special, or consequential damages, including, but not limited
to any replacement costs for Services, any loss of income or revenue, and/or any
failure by the Municipality to meet any Municipality obligation under any
applicable State Property Tax Laws, or any other economic benefit or harm that
the Municipality may have realized, but for any alleged breach, wrongful
termination, default and/or cancellation of this Contract, or damages beyond or in
excess of the amount(s) of any amount paid to, received or retained by the
County at the time of the alleged breach or default in connection with or under
the terms of this Contract, whether such alleged breach or default is alleged in an
action in contract or tort and/or whether or not the Municipality has been advised
of the possibility of such damages. This provision and this Contract is intended
by the Parties to allocate the risks between the Parties, and the Parties agree
that the allocation of each Party's efforts, costs, and obligations under this
Contract reflect this allocation of each Party's risk and the limitations of liability as
specified herein.
7.3. Neither Party has any right pursuant to or under this Contract against the other
Party to or for any indemnification (i.e., contractually, legally, equitably, or by
implication) contribution, subrogation, or other right to be reimbursed by the Party
based upon any legal theories or alleged rights of any kind, whether known or
unknown, for any alleged losses, claims, complaints, demands for relief or
damages, judgments, deficiencies, liability, penalties, litigation costs and
expenses of any kind whatsoever which are imposed on, incurred by, or asserted
against a Party and which are alleged to have arisen under or are in any way
based or predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the
actual tax statement for mailing by the Municipality to Municipality residents. In
preparing any such tax statement the County shall rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
Contract, including, but not limited to, the applicable millage rate. Under no
circumstances shall the County be held liable to the Municipality or any third
party based upon any error in any tax statement due to information supplied by
the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY. The Municipality
shall be solely responsible for guaranteeing that all Municipality Agents fully cooperate with
Equalization Division Personnel in the performance of all Services under this Contract. The
County shall be solely responsible for guaranteeing that all Equalization Division personnel
fully cooperate with Municipality agents in the performance of all Services under this
Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
shall be solely responsible for furnishing all Municipality Agents with all job
instructions, job descriptions and job specifications and shall solely control,
direct, and supervise all Municipality Agents and shall be solely responsible for
the means and manner in which Municipality's duties or obligations under any
applicable State Property Tax Laws are satisfied.
8.2. The Municipality shall be solely liable for all Municipality Agents' past, present, or
future wages, compensation, overtime 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 benefits,
unemployment compensation, Social Security Act protection(s) and benefits, any
employment taxes, and/or any other statutory or contractual right or benefit
based on or in any way related to any Municipality Agent's employment status or
any alleged violation of any Municipality Agent's statutory, contractual (e.g.,
union, employment, or labor contract), constitutional, common law employment
right, and/or civil rights by the Municipality. The Municipality agrees to indemnify
and hold harmless the County from and against all Claim(s) which are imposed
upon, incurred by, or asserted against the County or any County Agent by any
Municipality Agent and/or which are based upon, result from, or arise from, or are
in any way related to any Municipality Agent's wages, compensation, benefits, or
other employment-related or based rights, including, but not limited to, those
described in this section.
8.3. No Municipality Agent shall, by virtue of this Contract or otherwise, be considered
or claimed to be an employee of the County and/or a County Agent. This
Contract does not grant or confer, and shall not be interpreted to grant or confer,
upon any Municipality Agents or any other individual any status, privilege, right,
or benefit of County employment or that of a County Agent.
8.4. The Municipality shall provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following:
Downtown Development Authorities, Redevelopment Plans, Tax Increment
Financing Authorities. In addition, the Municipality shall notify the County
immediately of approval of any application for abatement or tax exemption.
8.5. The Municipality shall inform the County Agents regarding any increase in
taxation which is governed by the Truth in Taxation Act. Further, the Municipality
shall inform the County Agents regarding any millage increase (new) or renewal.
8.6. The Municipality is responsible for Special Assessment billings, maintaining a
paper trail of roll changes, maintaining the rolls in balance, and providing the
Oakland County Equalization Division with the information necessary to prepare
the warrant.
8.7. The Municipality Agents shall perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly
basis using the County’s Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the
County’s Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy, and compilation of all
Special Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and all other documents affecting the status or value of
property located within the Municipality to the County’s Equalization
Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County’s Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to
undertake the tasks in Section 8.7 above, the County’s Equalization Division may
perform these tasks and it shall be paid on a time and material basis. Such rate
shall be based upon the wages plus benefits of the County Agents performing
said tasks.
§9. INDEPENDENT CONTRACTOR. The County's and/or County Agents' legal status and
relationship to the Municipality shall be that of an Independent Contractor. No liability,
right, or benefits arising out of an employer/employee relationship, either express or
implied, shall arise or accrue to either Party as a result of this Contract.
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES. This Contract does not, and is
not intended to, create either any absolute right in favor of the Municipality or any
correspondent absolute duty or obligation upon the County, to guarantee that any specific
number(s) or classification of County Agents will be present on any given day to provide
Services to the Municipality.
§11. CANCELLATION OR TERMINATION OF THIS CONTRACT. Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either
Party, upon a minimum of ninety (90) calendar days written notice to the other Party, may
cancel and/or completely terminate this Contract for any reason, including convenience,
without incurring any penalty, expense, or liability to the other Party. The effective date
for any such termination is to be clearly stated in the notice.
11.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
11.2. All Municipality obligations, including, but not limited to, waivers of liability,
record-keeping requirements, any Municipality payment obligations to the
County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either
occurring or having their basis in any events or transactions that occurred before
the cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
§12. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT. This Contract,
and/or any amendments thereto, shall be approved by resolutions of both the Oakland
County Board of Commissioners and the Governing Body of the Municipality. The
approval and terms of this Contract, and/or any amendments thereto, shall be entered in
the official minutes and proceedings of both the Oakland County Board of
Commissioners and the Governing Body of the Municipality and shall also be filed with
the office of the County Clerk, the Clerk for the Municipality, and the Secretary of State.
§13. NO THIRD-PARTY BENEFICIARIES. Except as expressly provided herein for the
benefit of the Parties, this Contract does not, and is not intended to, create, by implication
or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party's rights in this Contract, and/or any other right of any kind, in
favor of any person, including, but not limited to, any County Agent or Municipality Agent
or any Municipality Taxpayer, any Taxpayer's legal representative, any organization, any
alleged unnamed beneficiary or assignee, and/or any other person.
§14. CONSTRUED AS A WHOLE. The language of all parts of this Contract is intended to
and, in all cases, shall be construed as a whole according to its fair meaning, and not
construed strictly for or against any Party. As used in this Contract, the singular or plural
number, possessive or nonpossessive shall be deemed to include the other whenever
the context so suggests or requires.
§15. CAPTIONS. The section headings or titles and/or all section numbers contained in this
Contract are intended for the convenience of the reader and not intended to have any
substantive meaning and are not to be interpreted as part of this Contract.
§16. NOTICES. Except as otherwise expressly provided for herein, all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this
Contract to be delivered to either Party shall be sent to that Party by first class mail. All
such written notices, including any notice canceling or terminating this Contract as
provided for herein, shall be sent to the other Party's signatory to this Contract, or that
signatory's successor in office, at the addresses shown in this Contract. All
correspondence or written notices shall be considered delivered to a Party as of the date
that such notice is deposited with sufficient postage with the U.S. Postal Service.
§17. WAIVER OF BREACH. The waiver of a breach of any provision of this Contract shall not
operate or be construed as a waiver of any subsequent breach. Each and every right,
remedy and power granted to either Party or allowed it by law shall be cumulative and not
exclusive of any other.
§18. ENTIRE CONTRACT. This Contract sets forth the entire agreement between the County
and the Municipality and supersedes all prior agreements or understandings between
them in any way related to the subject matter hereof. All terms and conditions herein are
contractual and are not a mere recital and that there are no other agreements,
understandings, contracts, or representations between the County and the Municipality in
any way related to the subject matter hereof, except as expressly stated herein. This
Contract shall not be changed or supplemented orally and may be amended only as
otherwise provided herein.
The undersigned execute this Contract on behalf of the Parties and by doing so legally obligate
and bind the Parties to this Contract.
IN WITNESS WHEREOF, Name of Mayor, Mayor of the <CVT> acknowledges that he has been
authorized by a resolution of the Governing Body of the <CVT> to execute this Contract and
accepts and binds the <CVT> to this Contract.
EXECUTED: ___________________________ DATE: __________________
Name of Mayor, Mayor
<CVT>.
WITNESSED: ___________________________ DATE: __________________
Name of Clerk, Clerk
<CVT>.
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners, acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners to execute this Contract and accepts and binds Oakland
County to this Contract.
EXECUTED: _________________________________ DATE: __________________
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: ______________________________ DATE: __________________
(Print Name) ______________________________ DATE: __________________
County of Oakland
Oakland County, Michigan
MANAGEMENT AND BUDGET - EQUALIZATION DIVISION - INTERLOCAL AGREEMENT EQUALIZATION RESOLUTION FOR ASSESSING CONTRACTS FOR 2022-2023
Schedule "A" DETAIL
R/E Fund Name Division Name Fund #Division #Program #Account #Region
Fund
Affiliate
Budget
Reference
Project
Unit Project #Activity Analysis Account Title
FY 2022
Amendment
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
R General Fund Equalization Administration FND10100 CCN1020501 PRG186020 RC631813 Reimb Equalization Services $33,000 $132,000 $132,000 $132,000
R General Fund Non Departmental FND10100 CCN9010101 PRG196030 RC665882 Planned Use of Balance (33,000)(132,000)--
Total Revenue $-$-$132,000 $132,000
E General Fund Non Departmental FND10100 CCN9010101 PRG196030 SC796500 Budgeted Equity Adjustments $-$-$132,000 $132,000
Total Expenditures $-$-$132,000 $132,000
EQUALIZATION DIVISION
ASSISTANCE SERVICES
2022-2023
RATE PER
PARCEL
REAL
PROPERTY
2022-2023
RATE PER
PARCEL
PERSONAL
PROPERTY CVT
(Cities )
Berkley 15.00$ 13.72$
Birmingham 19.50$ 14.25$
Bloomfield Hills 20.04$ 14.68$
Clarkston 15.43$ 13.72$
Clawson 15.00$ 13.72$
Farmington 18.76$ 13.72$
Ferndale 15.00$ 13.72$
Hazel Park 13.40$ 13.29$
Huntington Woods 15.00$ 14.25$
Keego Harbor 15.43$ 13.72$
Lathrup Village 15.43$ 13.72$
Madison Heights 16.39$ 13.72$
Orchard Lake 26.48$ 13.70$
Pleasant Ridge 15.00$ 13.72$
Pontiac 16.39$ 14.68$
Rochester 15.43$ 13.72$
South Lyon 15.31$ 12.54$
Walled Lake 15.43$ 13.72$
Wixom 18.76$ 14.25$
(Townships )
Commerce 19.29$ 14.13$
Groveland 15.00$ 13.72$
Holly 16.17$ 13.72$
Lyon 16.17$ 13.72$
Milford 16.17$ 13.72$
Novi 15.86$ 15.86$
Oakland 17.58$ 13.72$
Orion 16.62$ 13.72$
Oxford 16.62$ 13.72$
Rose Township 16.39$ 13.72$
Royal Oak 14.68$ 12.11$
Southfield 16.17$ 13.72$
Springfield 15.86$ 14.36$
Troy
Rose
Novi
Holly
Orion
Lyon
Oxford
Milford
Oakland
Addison
Brandon
Highland
Waterford
Groveland
White Lake
Springfield
Southfield
Pontiac
Commerce
Bloomfield
Rochester Hills
Farmington Hills
West Bloomfield
Wixom
Auburn Hills
Royal Oak
Holly
Birmingham
Rochester
Milford
Franklin
Oxford
Madison
Heights
South
Lyon
Bloomfield
Hills
Hazel Park
Clawson
Farmington
Walled
Lake
Orchard Lake
Village
Lake Angelus
Lake
Orion
Leonard
Wolverine
Lake
Northville
Ortonville
BerkleyLathrup
Village
Beverly Hills
Farms
Sylvan Lake Keego Harbor
Huntington
Woods
Independence
Village of
Clarkston
Novi
Southfield
Bingham
Fenton
Southfield
Pleasant
Ridge
FerndaleRoyal
Oak
Oak
Park
Oakland County Equalization Division
Contracted CVTs as of 2022
September 7, 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 June 23, 2022 the Board of Commissioners for Oakland County entered into an agreement per MR #22216 –
Equalization – Interlocal Agreement Equalization Resolution for Assessing Contracts for 2022 -2023.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of
Oakland and the City of Huntington Woods, and the authorizing Board of Commissioners Resolution are enclosed for filing
by your office.
Send confirmation of receipt of this a greement 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
Heidi Barckholtz, Clerk, City of Huntington Woods
Kimberly Hampton, Technical Specialist, Equalization Division
Enclosures
1
CITY OF HUNTINGTON WOODS
REGULAR MEETING OF THE CITY COMMISSION
MINUTES
June 7, 2022
7:30 p.m.
City Hall
Mayor Paul called the Meeting to order at 7:30 p.m.
PRESENT: Mayor Bob Paul, Mayor Pro Tem Elder, Commissioner Olsman and
Commissioner Rozell
ABSENT: Commissioner Jenks
City Staff Present: City Manager Wilson,
Interim Treasurer Haan, City Clerk Barckholtz, and City Attorney Rosati
APPROVAL OF AGENDA
Moved by Commissioner Olsman and seconded by Mayor Pro Tem
Elder to approve the June 7, 2022 agenda as presented.
Ayes: Paul, Elder, Rozell, Olsman
Nays: None
Absent: Jenks
The Motion Carried.
APPROVAL OF CONSENT AGENDA
Moved by Commissioner Elder and seconded by Commissioner Rozell
to approve the June 7, 2022 Consent Agenda.
Ayes: Paul, Elder, Rozell, Olsman
Nays: None
Absent: Jenks
The Motion Carried.
COMMUNICATIONS
None
Commissioner Jenks entered the meeting at 7:34 p.m.
2
COUNTY COMMISSIONER AND ELECTED OFFICIAL REMARKS
Senator Marshall Bullock (D) Senate District 4
Introduced himself to the City Commission as currently representing Senate District 4.
After the redistricting changes, he would represent the 8th District which will cover a
small part of Detroit and spans Ferndale, Pleasant Ridge, Royal Oak, Huntington
Woods, Berkley, and Birmingham. He will be seeking the Democratic Nomination in
the August 2nd primary for Senate District 8.
PROCLAMATIONS
A Proclamation of the City of Huntington Woods
Recognizing June 2022 as LGBTQIA Pride Month
WHEREAS, the City of Huntington Woods cherishes the value and dignity of each person and
appreciates the importance of equality and freedom; and
WHEREAS, all are welcome in the City of Huntington Woods to live, work, play, and every
family, in any shape, deserves a place to call home where they are safe, happy, and supported by
friends and neighbors; and
WHEREAS, the City denounces prejudice and unfair discrimination based on age, gender
identity, gender expression, race, color, religion, marital status, national origin, sexual
orientation, or physical attributes as an affront to our fundamental principles; and
WHEREAS, Pride month began in June of 1969 on the one-year anniversary of the Stonewall
Uprising in New York City after LGBTQIA and allied friends rose up and fought against the
constant police harassment and discriminatory laws that have since been declared
unconstitutional; and
WHEREAS, the City appreciates the cultural, civic, and economic contributions of Lesbian,
Gay, Bisexual, Transgender, Queer, Intersex, Asexual (LGBTQIA) community which strengthen
our social welfare; and
WHEREAS it is imperative that young people in our community, regardless of sexual
orientation, gender identity, and expression, feel valued, safe, empowered, and supported by their
peers and community leaders; and
WHEREAS, despite being marginalized, LGBTQIA people continue to celebrate authenticity,
acceptance, and love.
NOW THEREFORE BE IT RESOLVED that the members of this City Commission declare the
month of June 2022 as LGBTQIA Pride Month in the City of Huntington Woods and urge
residents to recognize the contributions made by members of the LGBTQIA community and to
actively promote the principles of equality, liberty, and justice.
Proclaimed at the Regular City Commission meeting of June 7, 2022.
3
PUBLIC PARTICPAITON:
None
PUBLIC HEARING
Matter of receiving public input on the proposed Adoption of an Ordinance to amend the Chapter
40, Zoning, Article 9, Sustainable Design and Environmental Standards, To replace in its entirety
Section 9.03, Solar Structures and Easements, and to Provide Penalties for Violations thereof.
Moved by Commissioner Jenks and seconded by Commissioner
Elder to open the public hearing.
Ayes: Paul, Elder, Rozell, Jenks, Olsman
Nays: None
Absent: None
The Motion Carried
Mayor Pro-Tem Elder opened the Public Hearing at 7:38 p.m.
Hearing no Public Comment, Mayor Pro-Tem Elder closed the public hearing at 7:39 p.m.
RESOLUTION R-25-2022:
Matter of consideration to approve the City of Huntington Woods Park Usage Rules and
Regulations.
Manager Wilson noted that at the last City Commission meeting the issue of Park Usage
Rules and Regulations was tabled to allow Commission members more time to provide
input into the draft document.
Moved by Commissioner Olsman and seconded by Mayor Pro Tem
Elder to approve the City of Huntington Woods Park Usage Rules and
Regulations.
Public Comment
Jessica Steinhart – 13333 Winchester:
Noted concern with past City park usage practices and hopes the commission will
endorse a policy that gives priority to the City’s own park and recreation programming.
Commissioner Comment
Rozell:
Noted he received comments from other residents expressing the same concern as Ms.
Steinhart with the hours of operation for the usage of Burton Field. He is pleased to see
reservations will no longer take place prior to 6:00 p.m. which will avoid after school
activity conflict. He is more comfortable with this version versus previous copies.
4
Elder:
Pleased to see the amended version of the policy noting it is transparent, consistent and
concise for future applicants. Further thanked Commissioner Olsman for his leadership
in drafting the current version.
Jenks:
Noted he is also pleased with the 6:00 p.m. reservation time for Burton Field.
Olsman:
Noted the policy now reflects a more clear and consistent policy for park usage
reservations. He is pleased with the overall draft.
Attorney Rosati:
Noted for the record that the park count should read thirteen for the final draft.
Jenks:
Noted as the Commissioner to make the motion, he is fine with the amendment noted by
Attorney Rosati.
Elder:
Noted as the Commissioner to second the motion, she is fine with the amendment noted
by Attorney Rosati.
Ayes: Paul. Elder, Jenks, Olsman, Rozell
Nays: None
Absent: None
The Motion Carried.
RESOLUTION R-26-2022:
Matter of consideration to approve the Fourth Quarter 2021-2022 Budget Amendments.
Moved by Commissioner Jenks and seconded by Commissioner Olsman
to approve the Fourth Quarter 2021-2022 Budget Amendments.
Ayes: Paul, Elder, Jenks, Rozell, Olsman
Nays: None
Absent: None
The Motion Carried.
RESOLUTION R-27-2022:
Matter of consideration to enter into a contractual agreement with Maner Costerisan,
CPA, of Lansing, Michigan, to perform annual audits for the fiscal years ending 6/30-
2022 to 6/30/2023 in the amount of $83,400.00.
Moved by Commissioner Jenks and seconded by Commissioner
5
Olsman to enter into a contractual agreement with Maner Costerisan CPA, of
Lansing, Michigan, to perform annual audits for the fiscal years ending 6/3/2022 to
6/30/2023 in the amount of $83,400.00
Ayes: Paul, Elder, Olsman Jenks, Rozell
Nays: None
Absent: None
The Motion Carried.
RESOLUTION R-28- 2022:
Matter of consideration to approve the Oakland County Renewal of Contract of
Assessing Services with the City of Huntington Woods.
Moved by Commissioner Elder and seconded by Commissioner Rozell
to approve the Oakland County Renewal of Contract of Assessing
Services with the City of Huntington Woods.
Ayes: Paul, Elder, Olsman Jenks, Rozell
Nays: None
Absent: None
The Motion Carried.
RESOLUTION R-29-2022:
Matter of consideration to approve the Comcast Uniform Video Service Local
Franchise Agreement Renewal. (“Video Franchise Agreement”)
Moved by Commissioner Olsman and seconded by Mayor Pro Tem
Elder to approve the Comcast Uniform Video Service Local Franchise
Agreement Renewal. (“Video Franchise Agreement”)
Commissioner Comments
Rozell:
Noted for the record he will continue to rail on the big lobby interests that continue to
out lobby the cities. Comcast and AT&T continue to push their way through the state
legislature taking cities out of the negotiating business for franchise agreements. Cities
are now stuck with a boiler plate agreement which are no longer in the best interest of
the municipalities.
Jenks:
Noted he is in agreement with Commissioner Rozell.
Ayes: Paul, Elder, Jenks, Rozell, Olsman
Nays: None
Absent: None
The Motion Carried.
6
ORDINANCE NO. :
Matter of consideration of the Adopting of an Ordinance to amend the Chapter 40,
Zoning, Article 9, Sustainable Design and Environmental Standards, to Replace in its
entirety section 9.03, Solar Structures and Easements; and to Provide Penalties for
Violations thereof. (First Reading)
Moved by Commissioner Jenks and seconded by Commissioner
Rozell to approve the first reading of an adoption of an Ordinance to
amend the Chapter 40, Zoning, Article 9, Sustainable Design and
Environmental Standards, to Replace in its entirety section 9.03, Solar
Structures and Easements; and to Provide Penalties for Violations
thereof.
Commissioner Comments
Olsman:
Noted a great deal of consideration was given from Planning Commission vetting the
issue to create the current draft. He fully supports the adoption of the ordinance.
Jenks:
Thanked Manager Wilson for his work simplifying the ordinance and is in support of an
approval of the amendment.
Rozell:
Noted the ordinance has come along way with a simpler version making it more
resident friendly and is in support of the approval.
Paul:
Thanked the Manager Wilson for taking a leadership role on this working with the
interested parties to bring together a workable document for everyone.
Ayes: Paul, Elder, Jenks, Rozell, Olsman
Nays: None
Absent: None
The Motion Carried.
CITY MANAGER’S REPORT
• Thanked the City Commission, Carol Rosati’s office and Parks and
Recreation staff for their hard work and assistance creating a workable final
Parks Usage Policy.
• Saturday June 18, 2022 from 2:00 p.m. to 5:00 p.m. will be the first annual
Juneteenth Event. He thanked the Anti-Racism Advisory Committee for
their hard work on the event. The Rackham Golf Course Historic Plaque
7
will also be unveiled during the Juneteenth event. There will be food, treats,
a DJ and kids crafts during the event.
• Friday, July 1, 2022 will be the City’s Fireworks Display. He thanked
Rackham Golf Course for their assistance with the event.
• The Master Plan received State Approval.
• The City’s logo has been trademarked. He thanked Carol Rosati’s office for
their work on this.
• MRMA renewal notice was received today and will placed on the next
agenda.
ADJOURNMENT:
Moved by Commissioner Rozell and seconded by Commissioner Olsman to
adjourn the regular City Commission meeting.
Ayes: Paul, Olsman, Elder, Rozell, Jenks
Nays: None
Absent: None
The Motion Carried, meeting adjourned at 8:34 p.m.
______________________
Heidi Barckholtz, City Clerk
___________________________
Robert F. Paul, III, Mayor