HomeMy WebLinkAboutInterlocal Agreements - 2022.06.23 - 37563
COUNTY MICHIGAN
BOARD OF COMMISSIONERS
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
DS AN aN SPONSORED BY
Equalization ,Gwen Markham
INTRODUCTION AND BACKGROUND
Resolution authorizing the Equalization Division to enter into one-year renewals ofinterlocalagreementswiththe32citiesandtownshipsthattheCountyprovidespropertyassessingservicesfor.,
BUDGET AMENDMENT REQUIRED:No
Committee members can contact Michael Andrews,Policy and Fiscal Analysis Supervisor at248.858.5115 (office)or andrewsmb@oakgov.com,orthe department contact persons listed foradditionalinformation.:
Kyle Jen,Director Management &Budget-jenk@oakgov.com,schultzt@oakgov.comAPP
Terry Schultz,Chief Equalization
SAAS y Ned qi [ey
Board of Commissioners Created/Initiated -6/23/2022BoardofCommissioners-Approved -6/23/2022
Executive's Office Approved -6/24/2022Clerk/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
2023 Real Personal Property Agreement Template (Final Draft 05-12-22)M&B_Equalization -Interlocal Agrmt Equalization Assessing Contracts for 2022-2023.SchA2022-2023 RATES PER PARCEL_EQUALIZATION DIVISION ASSISTANCE SERVICESOCEDContractCVTsMapasof2022RON>
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COUNTY MICHIGAN
BOARD OF COMMISSIONERS
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 ofCommissioners;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 comprehensiveassessmentofservicesprovidedtotheselocalunitsand-ensure that appropriate rates are charged on a uniformbasispriortoenteringintonewthree-year contracts beginning in 2023;and
WHEREAS the estimated annual impactof the 4%increase is $132,000 and a budget amendmentisrecommendedforFY2022-FY 2025.
NOW THEREFORE BEIT RESOLVED that the Oakland County Board of Commissioners hereby approvesenteringintotheattachedContractforOaklandCountyEqualizationDivisionAssistanceServicescoveringthetermJuly1,2022 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 andSouthfield;the Cities of Berkley,Birmingham,Bloomfield Hills,Village of Clarkston,Clawson,Farmington,Ferndale,Hazel Park,Huntington Woods,Keego Harbor,Lathrup Village,Madison Heights,Orchard LakeVillage,Pleasant Ridge,Pontiac,Rochester,South Lyon,Walled Lake and Wixom.
BE IT FURTHER RESOLVED that the Board of Commissioners’Chairperson is authorized to sign thecontracts.‘
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contractwiththeconcernedunitofgovernmentasrequiredbylaw.
BE IT FURTHER RESOLVED that the FY 2022 -FY'2025 budget is amended as reflected in the attachedScheduleAbudgetamendmentdocument.
Chairperson,the following Commissioners are sponsoring the foregoing Resolution:Gwen Markham.
J Date:June 23,2022
David Woodward,Commissioner
foi Coa
Hilarie Chambers,Deputy County Executive II
he Bay.Date:June 24,2022
Lisa Brown,County Clerk /Register of Deeds
Date:June 24,2022
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 attachedInterlocalAgreement: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,CharlesCavell,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&BEqualization -Interlocal Agrmt Equalization Assessing Contracts for 2022-2023 SchA3.2022-2023 RATES PER PARCEL_EQUALIZATION DIVISION ASSISTANCE SERVICES4.OCED Contract CVTs Map asof 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 andaccuratecopyofaresolutionadoptedbytheOaklandCountyBoardofCommissionersonJune23,2022,withtheoriginalrecordthereofnowremaininginmyoffice.
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..hae byLisaBrown,Oakland County Clerk /Register of Deeds
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISIONASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
(Real and Personal Property Services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE
SERVICES WITH THE CHARTER TOWNSHIP OF LYON (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 CHARTER TOWNSHIP OF LYON,a Michigan Constitutional
and Municipal Corporation whose address is 58000 Grand River Avenue,New Hudson,Michigan 48165 (hereafter,the "Municipality").In this Contract,either the County and/or theMunicipalitymayalsobereferredtoindividuallyasa"Party"or jointly as "Parties."
INTRODUCTORY STATEMENTS
A.The Municipality,pursuant to State law, including,but notlimited to,the MichiganGeneralPropertyTaxAct(MCL 211.1,et seq.)is required to perform real and personalpropertytaxappraisalsandassessmentsforallnonexemptrealandpersonalpropertylocatedwithinthegeographicboundaries.of the Municipality for the purpose of levyingStateandlocalpropertytaxes.“:
B.The Parties recognize and agree that absent an agreement such as this,or pursuant toanorderoftheStateTaxCommissionmandatingtheCountytoperformallorsomeofthepropertytaxappraisalandtaxassessmentresponsibilitiesforrealand/or personalpropertylocatedwithintheMunicipality's geographic boundaries (MCL 211.10(f)),theCounty,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 BoardofCommissioners,through the Equalization Division,may furnish assistanceto localassessingofficersintheperformanceofcertainlegallymandatedpropertyappraisal andassessmentresponsibilities.
D.The Municipality has requested the County's Equalization Division assistanceinperformingthe“Equalization Division Assistance Services"(as described and defined inthisContract)and has agreed in return to reimburse the County as provided for in thisContract.
E.The County has determinedthatit has sufficient "Equalization Division Personnel,"asdefinedherein,possessing the requisite knowledge and expertise and is agreeable toassistingtheMunicipalitybyprovidingtherequested."Equalization Division AssistanceServices"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 valuableconsideration,the receipt and adequacyof which is hereby acknowledged,the County and theMunicipalityagreeasfollows:
§1.DEFINED TERMS.In addition to the above defined terms (i.e.,"Contract","County","Municipality",and "Party"and "Parties"),the following words and expressions whenprintedwiththefirstlettercapitalizedasshownherein,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:
1A,
1.2.
Ad.
1.4.
“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 suchpersons'successorsor predecessors,agents,employees,attorneys,or auditors(whether such persons act or acted in their personal representative or officialcapacities),and/or any persons acting by,through,under,or in concert with anyofthem,excluding the Municipality and/or any Municipality Agents,as definedherein."County Agent"and/or “County Agents"shall also include any personwhowasaCountyAgentanytimeduringthetermofthisContractbut,for anyreason,is no longer employed,appointed,or elected and serving as a CountyAgent.‘:
"Equalization Division Personnel”means a specific subsetof and included aspartofthelargergroupofCountyAgentsasdefinedaboveandshallbefurtherdefinedasallCountyAgentsspecificallyemployedandassignedbytheCountytoworkintheEqualizationDivisionoftheCounty's Department of ManagementandBudgetasshowninthecurrentCountybudgetand/or personnel records oftheCounty.For all purposes in this Contract,any reference to County AgentsshallalsoincludewithinthattermallEqualizationDivisionPersonnel,but anyreferenceinthisContracttoEqualizationDivisionPersonnelshallnotinclude anyCountyAgentemployedbytheCountyinanyotherfunction,capacity,ororganizationalunitoftheCountyotherthantheEqualizationDivisionoftheDepartmentofManagementandBudget.
“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 suchpersons'successorsor predecessors,agents,employees,attorneys,or auditors(whether such persons act or acted in their personal,representative,or officialcapacities),and/or all persons acting by,through,under,or in concert with any ofthem,except that no County Agent shall be deemed a Municipality Agent andconversely,no Municipality Agent'shall be deemed a County Agent."Municipality Agent"shall also include any person who was a Municipality AgentatanytimeduringthisContractbutforanyreasonisnolongeremployed,appointed,or elected in that capacity.
"Claim(s)"mean all alleged losses,claims,complaints,demands for relief ordamages,suits,causes of action,proceedings,judgments,deficiencies,liabilities,penalties,litigation costs and expenses,including,but notlimited to,any reimbursement for reasonable attorney fees,witness fees,court costs,investigation and/or litigation expenses,any amounts paid in settlement,and/oranyotheramountsofanykindwhatsoeverwhichareimposedon,incurred by,orassertedagainstaParty,or for which a Party may become legally and/orcontractuallyobligatedtopayordefendagainst,whether direct,indirect orconsequential,whether based upon any alleged violation of the constitution(Federal or State),any statute,rule,regulation or the common law,whether inlaworequity,tort,contract,or otherwise,and/or whether commenced orthreatenedandarisingoutoftheperformanceorparticipationinthisContract.
§2.
TS.
1.6.
"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.
"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 StateDepartmentofTreasury.
COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES.The full and completescopeofallCountyEqualizationDivisionAssistanceServicesshallbeasdescribedandlimitedinthefollowingsubsections(hereinafter defined and referred to as either“Equalization Division Assistance Services”or "Services’).
2.1.
22,
2.3.
"EQUALIZATION DIVISION ASSISTANCE SERVICES"OR "SERVICES"TO BE
PROVIDED.Equalization Division Assistance Services or Services,to beperformedbyCountyfortheMunicipalityasthosetermsaredefinedinthisContract,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 personalpropertyfromJuly1,2022 to June 30,2023 as required by laws of theStateofMichigan.The County’shall make assessments of real andpersonalpropertywithintheMunicipalitypursuanttoMCL211.10d.
2.1.2.The Equalization Division personnel will appraise all property,process allrealandpersonalpropertydescriptionchanges,prepare the assessmentrollforrealandpersonalpropertyintheMunicipality;attend March,JulyandDecemberBoardsofReviewandothersuchdutiesasrequiredbytheStateGeneralPropertyTaxLaws.The Equalization DivisionpersonnelwillalsobeavailableforconsultationonallMichiganTax‘Tribunal real and personal property and special assessment appeals andwillassisttheMunicipalityinthepreparationofboththeoralandwrittendefenseofappeals,as Jong as there is a current Contractin effect.
PURPOSE OF COUNTY "SERVICES".The purpose ofall Equalization DivisionAssistanceServicesorServicestobeperformedunderthisContractshallbetoassist(€.g.,to help,aid,lend support,and/or participate as an auxiliary,tocontributeefforttowardcompletionofagoal,etc.)the Municipality in theperformanceofthatMunicipality's official functions,obligations,and theMunicipality's legal responsibilities for property tax appraisal and assessmentpursuanttotheapplicableStatePropertyTaxLaws.
MANNER COUNTY TO PROVIDE SERVICES.All Equalization DivisionAssistanceServicesorServicestdbeprovidedbytheCountyfortheMunicipalityunderthisContractshallbeperformedsolelyandexclusivelybytheCounty'sEqualizationDivisionPersonnel..
2.3.1.Equalization Division Personnel,including those certified as MichiganMasterAssessingOfficers(MMAO),shall be employed and assigned bytheCountyinsuchnumbersand:based on such appropriatequalificationsandotherfactorsasdecidedsolelybytheCounty.
2.3.2.
2.3.3.
2.3.4,
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.
Exceptas otherwise expressly provided for herein,the County shallremainthesoleandexclusiveemployerofallCountyAgentsandEqualizationDivisionPersonnelandthattheCountyshallremainsolely‘and completely liable for all County Agents’past,present,or futurewages,compensation,overtime wages,expenses,fringe benefits,pension or retirement benefits,travel expenses,mileage allowances,training expenses,transportation,costs,and/or other allowances orreimbursementsofanykind,including,but notlimited to,workers’disability compensation bénefits,unemployment compensation,SocialSecurityActprotection(s)and benefits,any employment taxes,and/oranyotherstatutoryorcontractualrightorbenefitbasedonorinanywayrelatedtoanyCountyAgent's employment status.
This Contractis neither intended,nor’shall it be interpreted,to create,change,grant,modify,supplement,supersede,alter,or otherwiseaffectorcontrol,in any manner,.form,or at any time,any right,privilege,benefit,or any other term or condition of employment,of any kind orNaturewhatsoever,in,upon,or for any County Agent or EqualizationDivisionPersonnelwiththeCounty,any applicable County employmentand/or union contract,and/or any County rule(s),regulation(s),hours ofwork,shift assignment,order(s),policy(ies),procedure(s),directive(s),ethical guideline(s),etc.,which shall,solely and exclusively,govern andcontroltheemploymentrelationshipbetweentheCountyandanyCountyAgentorEqualizationDivisionPersonneland/or the conduct and actionsofanyCountyAgentoranyEqualizationDivisionPersonnel.Toillustrate,but not otherwise limit,this Contract does not and shall not beinterpretedtolimit,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 Personneland/or pay all Equalization Division Personnel's wages,salaries,allowances,reimbursements,compensation,fringebenefits,or otherwise decide all such terms and conditions ofemploymentandmakeallemploymentdecisionsthataffect,inanyway,the employment of any Equalization DivisionPersonnelwiththeCounty,subject only to its applicablecollectivebargainingContracts.
2.3.4.2.The County's solé and exclusive right,obligation,andresponsibilitytodetermine,establish,modify,or implementalloperationalpolicies,procedures,orders,rules,regulations,ethical guidelines,and/or any other judgment,policy ordirectivewhich,in any way,governs or controls any activity ofanyCountyAgéntorEqualizationDivisionPersonnel,anynecessaryCountyAgentorEqualizationDivisionPersonnel's
“4
2.4,
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 ofthis State,no County Agent or Equalization Division Personnel,
while such person is currently and/or actively employed or otherwiseremainsonthepayrolloftheCountyasaCountyAgentshallbeemployed,utilized,or perform any other services,of any kind,directly orindirectly,in any manner or capacity,or otherwise be available toperformanyotherworkorassigrimentsbyorfortheMunicipality duringthetermofthisContract:This section shall not prohibit the MunicipalityfromemployinganypersonwhowasaformerCountyAgentbutisnolongeremployedinthatcapacitybytheCounty.
2.3.6.Except as otherwise expressly provided by the Contract and/orapplicableStatelaw,neither the County,nor any County Agent,nor anyEqualizationDivisionPersonnel,by virtue of this Contract or otherwise,shall be deemed,considered or claimed to be an employee of theMunicipalityand/or a Municipality Agent.
2.3.7.The Municipality shall not otherwise provide,furnish or assign anyEqualizationDivisionPersonnelwithanyjobinstructions,jobdescriptions,job specifications,or job duties,or in any manner attempt tocontrol,supervise,train;or direct any.Personnel in the performance ofanyCounty's Equalization Division Assistance Services duty or obligationunderthetermsofthisContract.
LIMITS AND EXCLUSIONS ON COUNTY."SERVICES".Except as otherwiseexpresslyprovidedforwithinthisContract,neither the County nor any CountyAgentsshallberesponsibleforassistingorprovidinganyotherservicesorassistancetotheMunicipalityorassumeanyadditionalresponsibilityforassistingtheMunicipalityinanyotherwayormannerwithanyMunicipalityobligationsunderallStatePropertyTaxLaws,including,but notlimited to,providing anyattorneyor legal representation to the Municipality or anyMunicipalityAgentatanyproceedingbeforetheMichiganTaxTribunal or anyotheradjudicativebodyorcourt,except as expressly provided for in thisContract.
2.4.1.The Municipality shall,at all times and under all circumstances,remainsolelyliable.for all costs,legal obligations,and/or civil liabilitiesassociatedwithorinany.way related to any Municipality tax appraisal orassessmentfunctionsoranyotherMunicipalitylegalobligationunderanyapplicableStatePropertyTaxLaws.The Municipality shall employandretainitsownMunicipalitylegalrepresentation,as necessary,todefendanysuchclaimorchallengebeforetheStateTaxTribunalor anyothercourtorreviewbody.
2.4.2.Except for those express statutory and/or regulatory obligationsincumbentonlyuponlicénsedEqualizationDivisionPersonnel(i.e.,StateLicensedandCertifiedRealand/or Personal Property Tax Assessors)to
§3.
84.
§5.
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.
TERM OF CONTRACT.The Parties the term of this Contract shall begin on July 1,2022and-shall end on June 30,2023,without any further act or notice from either Party beingrequired.All Services otherwise provided to the Municipality prior to the effective date ofthisContract,shall be subject to the terms and conditions provided for herein.
NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY,Except asexpresslyprovidedforinthisContract,the Municipality agrees that this Contract doesnot,and is not intended to,transfer,delegate,or assign to the County,and/or any CountyAgentorEqualizationDivisionPersonnelanycivilorlegalresponsibility,duty,obligation,duty of care,cost,legal obligation,or liability associated with any governmental functiondelegatedand/or entrusted to the Municipality under any applicable State Property TaxLaws.
4.1.The Municipality shall,at all times and under all circumstances,remain solelyliableforallcosts,legal obligations,and/or civil liabilities associated with or inanywayrelatedtoanyMunicipalitytaxappraisalorassessmentfunctionsoranyotherMunicipalitylegalobligation.Under no circumstances shall the County beresponsibleforanycosts,obligations,and/or civil liabilities associated with itsMunicipalityfunctionoranyresponsibilityunderanyStatePropertyTaxLaw.
4.2.The Municipality shall not incur or'create any debts,liens,liabilities or obligationsfortheCountyandshalltakeallnecessarystepstoensurethatanydebts,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 completionofallMunicipalitydutiesorobligationsunderallapplicableStatePropertyTaxLaws.Nothing in this Contract shall relieve the Municipality of any Municipalitydutyorobligationunderany-applicable State Property Tax Law.
4.4.The Municipality and Municipality Agents shall be and remain responsible forcompliancewithallFederal,State,and local laws,ordinances,regulations,andagencyrequirementsinanymanneraffectinganyworkorperformanceofthisContractorwithanyMunicipalitydutyorobligationunderanyapplicableStatePropertyTaxLaw.
NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY.ThePartiesreservetothemselvesanyrightsandobligationsrelatedtotheprovisionofall ofeachParty's respective governmental services,authority,responsibilities,andobligations.Except as otherwise expressly provided herein,this Contract does not,andisnotintendedto,create,diminish,delegate,transfer,assign,divest,impair,orcontraveneanyconstitutional,statutory,and/or other legal right,privilege,power,civil orlegalresponsibility,obligation,duty of care,liability,capacity,immunity,authority orcharacterofofficeofeitherParty.'‘
§6.
5.1%
5.2.
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.
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.
PAYMENT SCHEDULE.The Municipality shall pay to the County the following:For thecontractyear2022-2023 the sum of $16.17 for each real property description and $13.72foreachpersonalpropertydescriptionrendered.Payment for the contract year 2022-
2023 is payable.on or before July 1,2023.
If during the term ofthis Contract,there are additional services requested of the County,the Parties shall negotiate additional fees to be paid by the Municipality.
6A.
6.2.
6.3.
6.4,
All time incurred for Board of Review dates beyond the regular County workinghourstobebilledattheapplicableEqualizationDivisionpersonnel’s overtimerateandchargedtotheMunicipalityoverandaboveanyotherfeesdescribedinthisContract,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.
The Municipality shall be responsible for postage on all personal propertystatementsandpersonalpropertynoticesmailedrelatingtoworkperformedunderthisContract.The Municipality agrees to be responsible for allphotographicsupplies.
If the Municipality fails,for any reason,to pay the County any monies when andasdueunderthisContract,the Municipality agrees that unless expresslyprohibitedbylaw,the County or the County Treasurer,at their sole option,shallbeentitledtoasetofffromanyotherMunicipalityfundsthatareintheCounty'spossessionforanyreason.Funds include but are notlimited to the DelinquentTaxRevolvingFund("DTRF”).Any setoff or retention of funds by the Countyshallbedeemed
a
voluntary assignment of the amount by the Municipality to theCounty.The Municipality waives any claims against the County or its Officials foranyactsrelatedspecificallytotheCounty's offsetting or retaining such amounts.This paragraph shall notlimit the Municipality's legal right to dispute whether theunderlyingamountretainedbytheCountywasactuallydueandowingunderthisContract.‘“
If the County chooses not to exercise its right to setoff or if any setoff isinsufficienttofullypaytheCountyanyamountsdueandowingtheCounty underthisContract,the County shall have the right to charge up to the then-maximumlegalinterestonanyunpaidamount.Interest charges shall be in addition to anyotheramountsduetotheCountyunderthisContract.Interest charges shall be
87.
6.5,
6.6.
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 Contract against the
Municipality to secure reimbursement of amounts due the County under this
Contract.The remediesin this Section shall be available to the County on an
ongoing and successive basis if Municipality at any time becomes delinquentin
its payment.Notwithstanding any otherterm and condition in this Contract,if the
County pursues any legal action in any court to secureits 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.
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.
LIABILITY.Each Party shall be responsible for any Claims made against that Party andfortheactsofCountyAgentsorMunicipalityAgents,as applicable.In any Claims that mayarisefromtheperformanceofthisCantract,each Party shall seek its own legalrepresentationandbearthecosts.associated with such representation including anyattorneyfees.
LAs
7.2.
This Contract does not and is not intended to create or include any Countywarranty,promise,covenant or guaranty,either express or implied,of any kind ornaturewhatsoeverinfavoroftheMunicipality,and/or any Municipality Agents,oranyMunicipalityTaxpayeroranyotherpersonorentity,or that the County's
efforts.in the performance of any'obligation under this Contractwill result in anyspecificmonetarybenefitorefficiency,or increase in any tax revenue for theMunicipality,or will result in any specific reduction or increase in any propertyassessment,or guarantee that any Services provided under this ContractwillwithstandanychallengebeforetheStateTaxTribunaloranycourtorreview
body,or any other such performance-based outcome.
In the event of any alleged breach,wrongful termination,and/or any default ofanytermorconditionofthisContractbyeithertheCountyoranyCountyAgent,the County and/or any County Agent shall not be liable to the Municipality for anyindirect,incidental,special,or consequential damages,including,but not limitedtoanyreplacementcostsforServices,any loss of income or revenue,and/or anyfailurebytheMunicipalitytomeetanyMunicipalityobligationunderanyapplicableStatePropertyTaxLaws,or any other economic benefit or harm thattheMunicipalitymayhaverealized,but for any alleged breach,wrongfultermination,default and/or cancellation of this Contract,or damages beyond or inexcessoftheamount(s)of any amountpaid to,received or retained by theCountyatthetimeoftheallegedbreachordefaultinconnectionwithorunderthetermsofthisContract,whether such alleged breach or default is alleged in anactionincontractortortand/or whether or not the Municipality has been advisedofthepossibilityofsuchdamages.This provision and this Contractis intendedbythePartiestoallocatetherisksbetweentheParties,and the Parties agreethattheallocationofeachParty's efforts,costs,and obligations under this
88.
72.
TA.
Contractreflect this allocation of each Party's risk and the limitations of liability as
specified herein.
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.
If the Municipality requests andthe 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 notlimited 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.
MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY.The Municipalityshallbesolelyresponsibleforguaranteeingthat.all Municipality Agents fully cooperate with
Equalization Division Personnel in the performance of all Services under this Contract.TheCountyshallbesolelyresponsibleforguaranteeingthatallEqualizationDivisionpersonnelfullycooperatewithMunicipalityagentsintheperformanceofallServicesunderthisContract.
8.4.
8.2.
Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as,decided by the Municipality.The MunicipalityshallbesolelyresponsibleforfurnishingallMunicipalityAgentswithalljobinstructions,job descriptions and job specifications and shall solely control,direct,and supervise all Municipality Agents and shall be solely responsible forthemeansandmannerinwhichMunicipality's duties or obligations under any
applicable State Property Tax Lawsare satisfied.
The Municipality shall be solely liable for all Municipality Agents"past,present,orfuturewages,compensation,ovértime wages,expenses,fringe benefits,pensionorretirementbenefits,travel expenses,mileage allowances,training expenses,
transportation costs,and/or otherallowances or reimbursements of any kind,including,but notlimited to,workers'disability compensation benefits,unemployment compensation,Social Security Act protection(s)and benefits,anyemploymenttaxes,and/or any other statutory or contractual right or benefitbasedonorinanywayrelatedtoanyMunicipalityAgent's employment status oranyallegedviolationofanyMunicipalityAgent's statutory,contractual (e.g.,union,employment,or labor contract),constitutional,common law employmentright,and/or civil rights by the Municipality.The Municipality agrees to indemnifyandholdharmlesstheCountyfromandagainstallClaim(s)which are imposedupon,incurred by,or asserted against the County or any County Agent by anyMunicipalityAgentand/or which are based upon,result from,or arise from,or areinanywayrelatedtoanyMunicipalityAgent's wages,compensation,benefits,or
89,
§10.
8.3.
8.4.
8.5.
8.6.
8.7.
8.8.
other employment-related or based rights,including,but not limited to,those
described in this section.
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.
The Municipality shall provide the County with information regarding anyactivity
affecting the tax status of any parcel including but notlimited 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.
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.
The Municipality is responsible for Special Assessmentbillings,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.
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 copyof 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 ofall
Special Assessment rolls in the Municipality.
8.7.4.‘Forwardall exemption applications,transfer affidavits,personal property
statements and all other documentsaffecting the status or value of
property located within the Municipality to the County’s Equalization
Division in a timely manner.
8.7.5.Forwardall information on splits and combinations after approval by the
Muricipality to the County's Equalization Division.
In the event that Municipality Agents,for whatever reason,fail or neglect toundertakethetasksinSection8.7 above,the County’s Equalization Division mayperformthesetasksanditshallbepaidonatimeandmaterialbasis.Such rateshallbebaseduponthewagesplusbenefitsoftheCountyAgentsperformingsaidtasks.
INDEPENDENT CONTRACTOR.The County's and/or County Agents’legal status andrelationshiptotheMunicipalityshallbethatofanIndependentContractor.No liability,right,or benefitsarising out of an employer/employee relationship,either express orimplied,shall arise or accrue to either Party as a result of this Contract.
COUNTY PRIORITIZATION OF COUNTY RESOURCES.This Contract does not,and isnotintendedto,create either any absolute right in favor of the Municipality or anycorrespondentabsolutedutyorobligationupontheCounty,to guarantee that any specific
10
§11.
§12.
§13.
§14.
§15.
§16.
number(s)or classification of County Agents will be present on any given day to provide
Services to the Municipality.:
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,exceptthose rightsandobligationsexpresslysurvivingcancellationasprovidedforinthisContract,
shall end.*
11.2.All Municipality obligations,including,but not limited to,waivers of liability,record-keeping requirements,any Municipality payment obligations to theCounty,and/or any other related obligations provided for in this Contract withregardtoanyacts,occurrences,events,transactions,or Claim(s)eitheroccurringorhavingtheirbasisinanyeventsortransactionsthatoccurred beforethecancellationorcompletionofthisContract,shall survive the cancellation orcompletionofthisContract.
EFFECTIVE DATE,CONTRACT APPROVAL,AND AMENDMENT.This Contract,and/or any amendments thereto,shall be approved by resolutions of both the OaklandCountyBoardofCommissionersandtheGoverningBodyoftheMunicipality.TheapprovalandtermsofthisContract,and/or any amendments thereto,shall be entered intheofficialminutesandproceedingsofboththeOaklandCountyBoardofCommissionersandtheGoverningBodyoftheMunicipalityandshallalsobefiledwiththeofficeoftheCountyClerk,the Clerk for the Municipality,and the Secretary of State.
NO THIRD-PARTY BENEFICIARIES.Except as expressly provided herein for thebenefitoftheParties,this Contract does not,and is not intended to,create,by implicationorotherwise,any direct or indirect obligation,duty,promise,benefit,right to beindemnified(i.¢.,contractually,legally,equitably,or by implication)and/or any right to besubrogatedtoanyParty'srights in this Contract,and/or any other right of any kind,infavorofanyperson,including,but not limited to,any County Agent or Municipality AgentoranyMunicipalityTaxpayer,any Taxpayer's legal representative,any organization,anyallegedunnamedbeneficiaryorassignee,.and/or any other person.
CONSTRUED AS A WHOLE.The language ofall parts of this Contract is intended toand,in all cases,shall be construed as a whole according toits fair meaning,and notconstruedstrictlyfororagainstanyParty.As used in this Contract,the singular or pluralnumber,possessive or nonpossessive shall be deemed to include the other wheneverthecontextsosuggestsorrequires.
CAPTIONS.The section headings or titles and/or all section numbers contained in thisContractareintendedfortheconvenienceofthereaderandnotintendedtohaveanysubstantivemeaningandarenottobeinterpretedaspartofthisContract.
NOTICES.Except as otherwise expressly provided for herein,all correspondence,invoices,and/or any other written notices required,permitted or provided for under thisContracttobedeliveredtoeitherPartyshallbesenttothatPartybyfirstclassmail.Allsuchwrittennotices,including any notice canceling or terminating this Contract asprovidedforherein,shall be sent to the other Party's signatory to this Contract,or that
11
§17.
§18.
signatory's successor in office,at the addresses shown in this Contract.All
correspondenceor 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.
WAIVER OF BREACH.The waiver ofa 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.
ENTIRE CONTRACT.This Contract sets forth the entire agreement between the County
and the Municipality and supersedesall prior agreements or understandings between
them in any wayrelated to the subject matter hereof.All terms and conditions herein arecontractualandarenotamererecitalandthattherearenootheragreements,understandings,contracts,or representations between the County and the Municipality inanywayrelatedtothesubjectmatterhereof,except as expressly stated herein.ThisContractshallnotbechangedorsupplementedorallyandmaybeamendedonlyasotherwiseprovidedherein..
The undersigned execute this Contract on behalf of the Parties and by doing so legally obligateandbindthePartiestothisContract.
IN WITNESS WHEREOF,John Dolan,Supervisor of the Charter Township of Lyon,acknowledges that he has been authorized by a resolution of the Governing Body of the CharterTownshipofLyontoexecutethisContractandacceptsandbindstheCharterTownshipofLyontothisContract.
EXECUTED:
WITNESSED:«06£0.Ce
hk Dolan,Supervisor
Charter Township of Lyon
DATE:fo~G-goga
F
Michele Cash,Clerk
Charter:Township of Lyon
IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board ofCommissioners,acknowledges that he has been authorized by a resolution of the OaklandCountyBoardomissionerstoexecutethisContraetandacceptsandbindsOaklandCountytothis‘Contract.f
EXECUTEDs Al)
WITNESSED:
(Print Name)3s
DATE:_¥/7Y |WZDavidT.Woodward,’Chairperson /jOaklandCountyBoardofCommissioners
}Ren asus
C €
hs Qe pate:__8°24-22
wn OTR NE FELL DATE:
County of Oakland :
12
Charter Township of Lyon
Board of Trustees
Regular Meeting Minutes
June 6,2022
Approved:July 5,2022
The meeting was called to order by Supervisor Dolan at 7:00 p.m.
Roll Call:Patricia Carcone,'Treasurer -
Michele Cash,Clerk
John Dolan,Supervisor’
Sean O'Neil,Trustee
Robert Swain,Trustee
Absent:Kristofer Enlow,Trustee:
Lise Blades,Trustee
Also Present:Carol Rosati,Township Attorney
Brian Keesey,McKenna Assoc.
Leslie Zawada,CES
Amy Allen,DDA
David Herriman,Building Official
Guests:26
APPROVAL OF CONSENT AGENDA
Approval of the minutes of the Township Board meeting of May 2,20221.
2.Approval of Disbursements
3.Approval of Reports
4.Sheriffs Tri-Annual Report
5.The retention of Mark Jacobs of Dykema as Special counsel
6.Independent Contr.Agreement for MISSDIG811 Staking Service for Water
and Sewer
7.Devonshire PD —Grant of Pennianent Sanitary Sewer Easement
Recorded
8.Devonshire PD —Grant of Permanent Water Main Easement Recorded
9.Greystone Village PD -Grant of Permanent Sewer Easement Recorded
10.Greystone Village PD -Cat of Permanent Water Main Easement
Recorded
11.Cottages at Turtle Creek -Grant.of Permanent Sewer Easement
Recorded
12.Cottages at Turtle Creek -Grant of Permanent Water Main Easement
Charter Township of Lyon .
Board of Trustees June 6,2022 -Page 1
Recorded
13.Crystal Creek South —Grant of Bennanent Sewer Easement Recorded
14.Crystal Creek South —Grant of Permanent Water Main Easement
Recorded
15.Oak Ridge Ph 2 —Grant of Permanent Water Main Easement Recorded
16.2022-04-26 Unit 4 -Cdadtatity Industrial -1st Bill of Sale -Water Line
Review —Approved .
17.2022-05-24 RECORDED -Turtle Ridge -Stormwater Management
Agreement
18.2022-05-24 RECORDED -Unit 4 Quadrants Industrial -Watermain
Easement
Motion by Cash,second by Carcone
To approve the consent agerida as presented.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
APPROVAL OF AGENDA
Supervisor Dolan deleted 10 A.Full-Time Hiring of @)Fire Captains and noted it will bebackbeforetheBoardsoon.
Motion by O’Neil,second by Cash |
To approve the agenda as amended with the deletion of item 10A.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
ANNOUNCEMENTS &COMMUNICATIONS
Treasurer Carcone reported the subcommittee for the library met and they would like toscheduleajointworkshoptoexplaintheparkandlibrarymillage.Ms.Teasdale offeredsomedatestomeet.The Board agreed that June 20 at 5:00 p.m.would work.Ms.Teasdale noted she will send out an agenda.
CALL TO THE PUBLIC -None
REPORTS
SS
Charter Township of Lyon *
Board of Trustees June 6,2022 .Page 2
DDA -Ms.Allen provided an update regarding the activities inthe DDA.She attended
the Main Street Now Conference.A plaque was provided to Lyon Township from the
Main Street program for being the newest member.She took a tour of the water
facilities.The first Music on the Grand event had a hundred people attend throughout
the night.The DDAis in the process of strategic planning for parking.She attended the
Kite Fest yesterday and noted it was a fantastic event.She reported on the businessesthatwonaweek’s free advertisement,on the.billboard.On June 15,a dedication event
for Inspiration Parkwill be held.:
Treasurer Carcone reported on the Kite Fest.She also commented on how delightful
the Music on the Grand event was.Supervisor Dolan agreed the Kite Fest was a great
event.
FIRE —Chief Van Sparrentak reported on the run response study,they added a fewmorelocationstocoverallquadrantsoftheTownship.There were some deficiencies
so they will do a brief report at the July meeting.He announced they have brought ontwocaptains,one starts June 15,and one will be starting on July 15.He introduced CarlPeters.Mr.Peters introduced himself and noted his 23 years of experience in the fireserviceandisalsoaparamedic.He is looking forward to being part of the team.SHERIFF-Lieutenant Whitfield gave a brief update regarding drones;they have severalemployeesthathavefinishedthedronetrainingandtheywillintegratethetechnology.He reported on a case of child pornography that started in 2019 and noted he will keeptheBoarduptodateregradingthiscase.He provided a copy of the Tri-Annual Report.Trustee Swain questioned if the 2021 numbers were for the entire year.LieutenantWhitfieldexplainedthenumbersarefortheentireyear.
PLANNING COMMISSION —-Treasurer Carcone brought the Board up to dateregardingthelastPlanningCommissionmeetings.
ZBA —None
BUILDING DEPARTMENT —Mr.Herriman reported there were 42 single familyresidentialpermitswhichbumpedtherevenueoftheTownshiptoover$5.9 million.That is the cost of construction,that’s not tax assessment.
WATER UPDATE —Supervisor Dolan reported the plumbing in the softening building iscompletedandnowtheyareworkingonthe-electrical.He thought it would be wrappedupinafewweeksandtestingwillbegin.He thought in two months’time the softeningwaterwillbeturned.on.Mr.Herriman asked if residents could get rid of their homewatersoftener.Supervisor Dolan stated yes.
UNFINISHED BUSINESS -None
NEW BUSINESS
A-——Full-TimeHiring
of(2)
Fire
Captains
*REMOVED FROM AGENDA
ES
Charter Township of Lyon :Board of Trustees June 6,2022 .Page 3
B.Crystal Creek South Roof Pitch Amendment AP-22-31
Mr.Keesey referenced the McKenna memo dated May 27,2022.He explained the
Planning Commission reviewed this request at its May 9°meeting and found it to be a
reasonable request that doesn’t change the initial basis of approval for the project.They
subsequently made a unanimous recommendation for the Township Board to approve
the request for minor amendment.The Township Boardis the final approval authority
for this request.'A change to a 5:12 roof pitch will provide better visual proportions for
the farmhouse styles.Mr.Keesey has no objection to the request.
Motion by O’Neil,second by Carcone
To approve the Crystal Creek South RoofPitch Amendment AP-22-31.
Noting the 5:12 roof slope will be used for every farmhouse style home and
a roof slope of 6:12 will be used on‘any other home.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
Cc.Orchard Crossing Planned Development Final Review and Approval of the
Planned Development Agreement
Mr.Keesey referenced the McKenna letter dated February 25,2022.The Final SitePlanproposalisgenerallyinkeepingwithplanspresentedattheConceptstageandapprovedatthePreliminarystageofthePlannedDevelopmentprocess.The plan for161residentialunitsremainsunchangedandthey:continue to find the overall projectdensitytobeinlinewiththeMasterPlanrecommendationsoflessthan1.25 units/acre.
The plans also continue to propose retaining the orchard and cider mill and providing afutureavenuefortheenhancementoftheagneuiiaralusesoftheErwinpropertyboth
north and south of Silver Lake Road.
The Planning Commission has recommended the plan for Final PD approval,conditioned on the comments in the Engineering and Planning reviews.The itemsrelatingtoplanning/zoning include the following to be addressed as noted:
4.The bake shop /farmers market building maximum size has beenincreasedto5,000 square feet and may include a drive-throughcomponent.This is not of concern,but a noted change.2.Provide an alternate name for Crispen Drive.
3.Courtland Drive (serving the duplex units)is nine (9)feet longer thanallowedbyordinance.An exception can be granted by the Township andbasedontheinformationprovidedwefinditreasonablefortheBoardto
grant a waiver.
4.RCOC will not accept Courtland Drive and Empire Road as public.The
Board has the ability in the ordinance to allow these roads to be privateandwe.have no objection.
Charter Township of Lyon .
Board of Trustees June 6,2022..Page 4
5.The PD Agreement mustbe in ‘final form prior to consideration of approval
(2nd reading)by the Township Board.The Agreement is undergoing
rounds ‘of revisions by Township and applicant representatives.Once
these items are addressed/discussed to the satisfaction of the Township
Board,it is appropriate for the Board to approve the Final Site Plan and
rezoning to Planned Development (PD).
Ms.Zawada referenced the CES June 1,2022 review letter.She noted any motionshouldbeconditionalontheCESreviewas.well.The Applicant has addressed her
concerns throughout the process.
Trustee O’Neil noted he has heard from many residents and the most common theme isthattheresidentsreallywantBlake’s to be there.He noted we don’t have anenvironmentalremediationplanyet;what‘is the status of this plan.Ms.Zawadaexplainedit's the applicant's responsibility to follow their due care plan,which is
developed by their environmental consultants.CES will review it and there will be ameetingbeforeconstruction.The contamination is arsenic.Everything will bedocumented;it’s being removed and encapsulated in a berm between the residentialhomesandthecidermill.It’s approved by EGLE and it meetsall of their criteria.She iscomfortablewiththeplan.Before they can do any other work,they have to hold a pre-construction meeting.It will be monitored very closely.Trustee O’Neil question,at whatstagewillthismediationtakeplace.The mediation will take place before any otherconstructioncantakeplace.That is why Ms.Zawada insisted on an environmental pre-construction meeting.
Greg Windingland,Lombardo Homes,provided a brief presentation providing anoverviewofcurrentandfutureactions.,
Trustee O’Neil asked what the timeline is for getting approval.Mr.Windingland statedtheyarestillworkingonthat;the first step will be to:deal with the soil remediation.
Trustee Swain questioned when they say in the agreement the super majority,do theyneedtoclarifyanumber.Ms.Rosati noted-a super majority is 5 out 7.
Trustee Swain noted if they are not building a pathway on the east side by Kent LakeRoad,he would like to see a contribution made to the pathway fund.Mr.WindinglandStatedontheeastsidetheyhavenotproposedapathway.Part of the PD agreementprovidesforpublicbenefit,with the sidewalk to the school, the sustainability with Blake’scomingin,they don’t think it's necessary.Trustee Swain stated he would like to see itconstructedoracontributionbemade.,
Mr.Windingland confirmed at the intersection of Kent Lake and Silver Lake Road,it wasagreedtheintersectionimprovementswouldcoincidewiththefirstphase.
Supervisor Dolan stated of all the projects he’s seen he believes this plan is a win foreveryone.Everyone wanted the orchard to:stay,and you got the Blake’s to come.
EEE
Charter Township of Lyon :Board of Trustees June 6,2022..Page 5
Trustee O’Neil noted there are 111 acres of‘open space.They've seen a lot of horrible
plans;this is light years ahead of anything they've seen.
Trustee Swain noted in Section 4.3.C the sidewalk timing,the frontage sidewalks for the
residential property shall be installed by the developer in conjunction with the
development of the first Phase of the project,including off-site sidewalk segments.
Mr.Lombardo stated that would be the intention.
Motion by O’Neil,second by Cash
To move AP-21-11 to second reading including all of the conditions and
comments in the consultant review letters,and the 9’waiver for the length
of the cul-de-sac.McKenna review letter dated February 25,2022 and the
CES review letter dated June 1,2022.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
D.Resolution 2022-18 Approving Off-Premises Tasting Room License for
Orchard at 61475 Silver Lake Road
Mr.Keesey referenced the May 27,2022 McKenna memo.The applicant hassubmittedarequestfortheTownshiptoconsiderapprovinganOff-Premises TastingRoomLicense,which is a requirement of the Michigan Liquor Control Commission priortotheirissuanceofsaidpermit.This permit allows a manufacturer that is licensed inMichigantosellandservefulldrinksatatastingroomatalocationotherthanwherethedrinksaremanufactured.Since the manufacturing facility is located in anothercommunity,this Off-Premises License applies to the Silver Lake property that is now
under contract to be operated by Blake Farms.
If granted,the ability to sell and serve alcohal will not change the zoning classification oftheorchardfromitsexistingagriculturaluses,so there are no zoning ordinanceimplicationswiththisrequest.Mr.Keesey has no objection to the request.
Mr.Keesey urges the Board to consider the Off-Premises Tasting Room LicenseindependentlyfromtheongoingreviewofthePlannedDevelopmentfortheOrchardCrossingproject.Regardless of the result of that request,this License has the potentialtoincreasetheviabilityoftheorchardinits‘current iteration through expanded productofferings.Mr.Keesey is supportive from an economic development standpoint.
Motion by Swain,second by Carcone
To approve 2022-18 Approving Off-Premises Tasting Room License for theOrcharduseat61475SilverLakeRoad.
ET
Charter Township of Lyon
Board of Trustees June 6 2022.—Page 6
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
E.Marjorie Ann/Pontiac Trail Pedestrian Crossing Project Revised Bid
Ms.Zawada referenced the CES memo dated May 23,2022.She explained the
City of South Lyon has agreed to splitthe cost of the project with Lyon Township.
Therefore,CES recommended awarding this bid to K.D.Cement for $64,489.00
of which $32,244.50 is Lyon Township’s portion.An additional $17,967.47
includes the pedestrian traffic signal,10%contingency and 15%constructionadministrationandstaking.The total for Lyon Township is $50,211.97.Ms.
Zawada also noted it should be conditional on receiving approval from CityCouncil.
Motion by O’Neil,second by Carcone
To approve the First Amendment to Intergovernmental Agreement betweenLyonTownshipandtheCityofSouthLyonfortheMarjorieAnn/PontiacTrailPedestrianCrossingnottoexceedamountof$60,000.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
Motion by O’Neil second by Swain
To award the bid to K.D.Cement for $107,826.49 which will be split betweenLyonTownshipandtheCityofSouthLyon,roughly $50,000 each and theRoadCommissiontothetuneofabout$7,500.00.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
F,Devonshire Planned Development -Minor Amendment -Exterior Materials;AP-22-38 i "s
Mr.Keesey referenced the McKenna memo dated May 27,2022.This is a MinorAmendmenttothePDthatrequiresPlanningCommissiontomakearecommendationtotheTownshipBoard,who has the final approval authority.The Planning CommissionreviewedthisrequestatitsMay23rdmeetingandunanimouslyrecommendedapprovaloftheminoramendment.
STCharterTownshipofLyon.Board of Trustees June 6,2022 Page 7
Motion by O’Neil,second by Carcone
To approve Devonshire Planned Development -Minor Amendment -Exterior Materials;AP-22-38 and to authorize Supervisor and Clerk to sign
the First Amendment.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
G.The Meadowsof Lyon Planned Development -Minor Amendment -Exterior
Materials;AP-22-39 :“
Mr.Keesey referenced the McKenna memo dated May 27,2022.This is a MinorAmendmenttothePDthatrequiresPlanningCommissiontomakearecommendationtotheTownshipBoard,who has the final approval authority.The Planning CommissionreviewedthisrequestatitsMay23rdmeetingandunanimouslyrecommendedapprovaloftheminoramendment.
Motion by O’Neil,second by Carcone
To approve The Meadows of ‘Lyon Planned Development -MinorAmendment-Exterior Materials;AP-22-39 and to authorize the SupervisorandClerktosigntheFirstAmendment.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
H.The Woodlands of Lyon Planned Development -Minor Amendment -Exterior Materials;AP-22-40 ':
Mr.Keesey referenced the May 27,2022 McKenna memo.This is a Minor AmendmenttothePlannedDevelopmentthatrequiresPlanningCommissiontomakearecommendationtotheTownshipBoard;who has the final approval authority.ThePlanningCommissionreviewedthisrequestatitsMay23rdmeetingandunanimouslyrecommendedapprovaloftheminoramendment.
Motion by O'Neil,second by Carcone
To approve The Woodlands of Lyon Planned Development -MinorAmendment—Exterior Materials;.AP-22-40 and to authorize the SupervisorandClerktosigntheFirstAmendment.
Voice Vote:Ayes:Unanimous
eee
Charter Township of Lyon :Board of Trustees June 6,2022 Page 8
Nays:None
MOTION APPROVED
I.Consideration for Assignment and Use.of School Resource Officers for
South Lyon High School
Trustee O’Neil thanked Deputy Superintendent Mr.Toth,the school district and Lt.
Whitfield;this is something that this Board has supported ever sinceit’s inception.He
would like this to be at as many schools as they can have them at.
Supervisor Dolan noted as long as we have the moneyto protect our kids,we’re goingtodoit.He is all in support of every SRO and every school they can put them in.
Trustee O’Neil explained this officer is at no cost to Lyon Township.Lyon Township istheonlycommunityparticipatingwithafinancialcontribution,when school is not insession,we still pay for the full cost of the deputy for 12 weeks.
Ms.Rosati noted she would like the arbitration clause in paragraph 10 to be struck.
Motion by O’Neil,second by Carcone
To approval the contra subject to the school districts lawyer contacting Ms.
Rosati regarding paragraph 10.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
J.Consideration for Assignment and Use.of School Resource Officers forSouthLyonEastHigh
Trustee Swain explained he is very supportive of ‘the program and felt that OaklandCountyOfficershavegreattrainingandareavaluableasset.The Township is the onlymunicipalitytocontributetothecost.
_
He finds it hard to believe the school districtcan’t take another $57,000 to cover this officer since it’s a school officer.He finds italittlequestionabletheschooldistrictcouldn’t afford this.He will find it difficult to supportthisinthefuture.mi
Treasurer Carcone stated the Township can.afford this and she’s sure the school districtistakingcareoftheirresponsibility.There is no discussion tonight in her mind,shedoesn’t care what the other communities are doing,there is no fence between our kids.If they couldn’t afford it then it would be a different issue.28...
Charter Township of Lyon
Board of Trustees June 6,2022 Page 9
Motion by O’Neil,second by Cash..
To approve the contract for the School Resource Officer at South Lyon
East High School subject to the school districts lawyer contacting Ms.
Rosati regarding paragraph 10.:
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
K.Resolution 2022-16 Approving Amended Bylaws of Downtown
Development Authority '
Ms.Allen explained the proposed bylaw changes.Effective on January 1,2019 aRecodifiedTaxIncrementFinancingActwasenacted,PA Act 57 of 2018.
Trustee Swain noted a couple of typos.PA 197 which is now repealed.He also notedthemembersshouldbeonastaggeredschedule._
Motion by O’Neil,second by Swain’.To approve Resolution 2022-16 with the items ofclarification from TrusteeSwain.::
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
L.Approval of Contract Between Oakland County Equalization and Lyon Twp.
Motion by Carcone,second by Cash
To approve the renewal for contract year 2022-2023 as presented fromOaklandCountyManagementandBudget,dated May 18,2022.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
M.Resolution 2022-17 Setting Refuse Collector License Fees
Ms.Rosati announced the resolution references a fee that will be charged.She isproposingaflatfeeaspresentedintheresolution.
25S
Charter Township of Lyon
Board of Trustees June6,2022 Page 10
Motion by Carcone,second by O’Neil
To approve Resolution 2022-17 to resolve setting the refuse collectorlicensefee.|
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
N.Discussion to Purchase Huron Valley Trail
Ms.Zawada referenced the CES memo dated May-27,2022.
Treasurer Carcone explained she thought it would be a great thing to own their owntrail.
Trustee O'Neil stated they have about 40 acres of trail for a cost of $62,896.00.Therewasbriefdiscussion.:
The Board was in agreement to buy the Huron Valley Trail.
Motion by Carcone,second by Swain
To move forward with the purchase of the Huron Valley Trail if it’sreasonablewiththeSupervisortosigntheapplicationandtoinvestigateit.
Voice Vote:Ayes:Unanimous
Nays:None
MOTION APPROVED
ADJOURNMENT
The Regular Board meeting was adjourned at 8:35 p.m.due to no further business
Respectfully Submitted,
Kellie Augelosaute Michele Cash
Kellie Angelosanto Michele CashRecordingSecretary:Lyon Township Clerk
nnn
Charter Township of Lyon
Board of Trustees June 6,2022 Page 11
OAKLAND COUNTY CLERK/REGISTER OF DEEDS
WWW .OAKGOV.COM/CLERKROD
ELECTIONS DIVISION
LISA BROWN JOSEPH J.ROZELL,CERACOUNTYCLERK/REGISTER OF DEEDS .DIRECTOR OF ELECTIONS
September 8,2022
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 ofOaklandandtheTownshipofLyon,and the authorizing Board of Commissioners Resolution are enclosed for filing by youroffice.
Send confirmation of receipt of this agreement to:
Mr.Joseph Rozell,Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center,Building #14 East
1200 N.Telegraph Rd.
Pontiac,MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contactour office at (248)858-0564if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND(nk BAEK
Joseph J.Rozell,CERA
Director of Elections
Ce:Donna Dyer,Corporation Counsel,Oakland County
Erika Munoz-Flores,Corporation Counsel,Oakland CountyMicheleCash,Clerk,Township of LyonKimberlyHampton,Technical Specialist,Equalization Division
Enclosures
ADMINISTRATIVE OFFICE.ELECTIONS DIVISION :LEGAL &VITAL RECORDS REGISTER OF DEEDS1200N.TELEGRAPH RD.,DEPT.415 1200 N.TELEGRAPH RD.,DEPT.417 1200 N.TELEGRAPH Rb.,DEPT.413 1200 N.TELEGRAPH RD.,DEPT.480PONTIAC,MICHIGAN 48341-0415 PONTIAC,MICHIGAN 48341-0417 PONTIAC,MICHIGAN 48341-0413 PONTIAC,MICHIGAN 48341-0480(248)858-0561 (248)858-0564 .(248)858-0581 (248)858-0605CLERK@oakcov.com ELECTIONS@oakGov.com :CLERKLEGAL@oakGoVv.coM DEEDS@oakGov.com