HomeMy WebLinkAboutInterlocal Agreements - 2022.06.23 - 37567
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
1
CITY OF ORCHARD LAKE VILLAGE
MINUTES OF THE REGULAR CITY COUNCIL
AND ZONING BOARD OF APPEALS MEETING
June 21, 2022
Mayor Finkelstein called the meeting to order at 7:00 p.m. The meeting was conducted at City
Hall. Mayor Finkelstein led the Pledge of Allegiance. Director of City Services Gerry McCallum
administered roll call for attendance.
COUNCIL PRESENT: Mayor Finkelstein, Mayor Pro Tem McIntyre, Councilmembers Krause,
Sonneville, Majcher & Sullivan
ABSENT: Councilmember Leeb
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED BY
MAYOR PRO TEM MCINTYRE TO EXCUSE COUNCILMEMBER LEEB FROM
TONIGHT’S MEETING
MOTION CARRIED 5-0
STAFF: Director of City Services Gerry McCallum, Police Chief William Nicholson, City
Attorney Mary Kucharek, and City Clerk/Treasurer Rhonda McClellan
CITIZENS, VOLUNTEERS, PETITIONERS: Joseph Wilson, Barb Krause, Kevin Kroger, John &
Janet Tucker, Rob & Gina Gregory, Susan Williams, Justin Koch, Dave Boerger, Niklas Carey,
Ann Sutschek, Karen Pushie, Carolyn Cangany, Carol Fink, Tom Shaffou & Berado Capicchioni
REMOVE ON THE CONSENT AGENDA
Mayor Finkelstein asked to remove agenda item number 3 & number 4 under Regular Business
due to the ZBA’s being moved to July 2022.
A MOTION WAS OFFERED BY MAYOR FINKELSTEIN AND SECONDED BY
COUNCILMEMBER KRUASE TO REMOVE ITEM NUMBER THREE AND NUMBER
FOUR UNDER REGULAR BUSINESS AGENDA AND MOVE TO THE JULY 2022
AGENDA
MOTION CARRIED 5-0
MAY 16, 2022 REGULAR CITY COUNCIL MEETING MINUTES
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED BY
COUNCILMEMBER KRAUSE TO APPROVE THE MAY 16, 2022 REGULAR CITY
COUNCIL MEETING MINUTES
MOTION CARRIED 5-0
2
MAY 27, 2022 SPECIAL COUNCIL MEETING MINUTES
A MOTION WAS OFFERED BY MAYOR FINKELSTEIN AND SECONDED BY
COUNCILMEMBER MAJCHER TO APPROVE THE MAY 27, 2022 SPECIAL
COUNCIL MEETING MINUTES
MOTION CARRIED 5-0
AUDIENCE INPUT & ELECTED OFFICIALS COMMENTS
At 7:04 p.m. Mayor Finkelstein allowed for any audience input and elected officials’ comments.
None.
At 7:05 p.m. Mayor Finkelstein asked to proceed to the Department Reports.
DEPARTMENT REPORTS
POLICE DEPT. MONTHLY REPORT
Chief Nicholson reported for the month of May they had 3 criminal complaints, 127 calls for
service, 13 crash reports and 142 traffic violations issued.
DEPT. OF PUBLIC WORKS MONTHLY REPORT
Director of City Services McCallum stated all DPW employees are back to work as of June 2022
and have been keeping very busy getting caught up.
BUILDING DEPT. MONTHLY REPORT
Director of City Services McCallum explained there were no new single-family homes for the
month of May. The miscellaneous permits are up, therefore the building department is keeping
very busy.
EMPLOYEES REPORTS
Director of City Services McCallum presented the May 2022 Employees Report.
PLANNING COMMISSION MONTHLY REPORT
Director of City Services McCallum stated at the June 7, 2022 Planning Commission meeting,
they held a Public Hearing on proposed amendments to City Zoning Ordinance No. 14.01, article
II, section 2.02 (Definitions) & article IV, section 4.15 (B) (non-permitted accessory buildings &
structures) to address the matter of permanent docks within the city. After the Public Hearing the
Commission had discussion on this matter and motioned to send it to the City Council for first
reading.
A MOTION WAS OFFERED BY COUNCILMEMBER KRAUSE AND SECONDED BY
COUNCILMEMBER MAJCHER TO ACCEPT THE MAY 2022 DEPARTMENT
REPORTS
3
MOTION CARRIED 5-0
FINANCIAL REVIEW
ACCTS PAYABLE/CASH DISBURSEMENTS & FINANCIAL STATEMENTS
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED BY
COUNCILMEMBER SONNEVILLE TO ACCEPT THE ACCOUNTS PAYABLE/CASH
DISBURSEMENTS, AND FINANCIAL STATEMENTS
ROLL CALL VOTE TO ACCEPT THE ACCOUNTS PAYABLE/CASH
DISBURSEMENTS, & FINANCIAL STATEMENTS
MOTION CARRIED 5-0: AYE BY ROLL CALL: ALL NAY: NONE. ABSENT: LEEB &
SULLIVAN
4TH QUARTER FISCAL YEAR 2021/22 BUDGET AMENDMENTS
Director Gerry McCallum explained that most of the amendments are in the General Fund,
Building Department Fund and some minor adjustments in the Major & Local Road Funds.
Adjustments in these funds have been made to reflect actual fiscal year to date revenue and
expenses.
Dave Boerger, complemented Director McCallum and City Clerk/Treasurer Rhonda McClellan
on their outstanding job with the budget amendments. Mr. Boerger stated that most cities are at
a 10% cushion in the bank, Orchard Lake is at a 19%.
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED BY
COUNCILMEMBER SONNEVILLE TO ACCEPT THE 4TH QUARTER FISCAL YEAR
2021/22 BUDGET AMENDMENTS
ROLL CALL VOTE TO ACCEPT THE 4TH QUARTER FISCAL YEAR 2021/22 BUDGET
AMENDMENTS
MOTION CARRIED 5-0: AYE BY ROLL CALL: ALL NAY: NONE. ABSENT: LEEB &
SULLIVAN
At 7:13 p.m. Mayor Finkelstein asked to proceed to the Zoning Board of Appeals.
A MOTION WAS OFFERED BY COUNCILMEMBER KRAUSE AND SUPPORTED BY
COUNCILMEMBER MAJCHER TO RECESS FOR THE PURPOSE OF HEARING
CASES AS THE ZONING BOARD OF APPEALS
MOTION CARRIED 6-0
4
ZONING BOARD OF APPEALS
Mayor Finkelstein asked for a motion to approve the May 16, 2022 Meeting Minutes.
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SUPPORTED BY
MAYOR PRO TEM MCINTYRE TO APPROVE THE MAY 16, 2022 MEETING MINUTES
MOTION CARRIED 6-0
O’NEILL/JENSEN APPEAL, 4525 DOW RIDGE (LAKESIDE SETBACK VARIANCE FOR
INSTALLATION OF RETAINING WALLS)
A MOTION WAS OFFERED BY MAYOR FINKELSTEIN AND SUPPORTED BY
MAYOR PRO TEM MCINTYRE TO POSTPONE 4525 DOW RIDGE LAKESIDE
SETBACK VARIANCE FOR INSTALLATION OF RETAINING WALLS TO JULY 18,
2022 MEETING
MOTION CARRIED 6-0
MATSAMAKIS APPEAL, 3380 THREE LAKES LANE (VARIANCE TO INSTALL A SPORTS
COURT IN THE FRONT YARD OF THE PROPERTY)
A MOTION WAS OFFERED BY MAYOR FINKELSTEIN AND SUPPORTED BY
MAYOR PRO TEM MCINTYRE TO POSTPONE 3380 THREE LAKES LANE
VARIANCE TO INSTALL A SPORTS COURT IN THE FRONT YARD OF THE
PROPERTY TO JULY 18, 2022 MEETING
MOTION CARRIED 6-0
ORCHARD VILLAGE LLC (MARK YALDO) APPEAL, 4093 ORCHARD LAKE RD
(VARIANCE TO INSTALL TWO (2) WALL SIGNS)
A MOTION WAS OFFERED BY MAYOR FINKELSTEIN AND SUPPORTED BY
MAYOR PRO TEM MCINTYRE TO POSTPONE 4093 ORCHARD LAKE RD
VARIANCE TO INSTALL TWO (2) WALL SIGNS TO JULY 18, 2022 MEETING
MOTION CARRIED 6-0
KARMANOS APPEAL, 4740 DOW RIDGE (VARIANCE TO ALLOW AN ACCESSORY
BUILDING ON THE LAKESIDE SETBACK VARIANCE FOR THE ACCESSORY BUILDING
A MOTION WAS OFFERED BY MAYOR FINKELSTEIN AND SUPPORTED BY
MAYOR PRO TEM MCINTYRE TO POSTPONE 4740 DOW RIDGE VARIANCE TO
ALLOW AN ACCESSORY BUILDING ON THE LAKESIDE OF THE PROPERTY AND
A LAKESIDE SETBACK VARIANCE FOR THE ACCESSORY BUILDING TO JULY 18,
2022 MEETING
MOTION CARRIED 6-0
At 7:15 p.m. Mayor Finkelstein asked to adjourn the Zoning Board of Appeals.
5
A MOTION WAS OFFERED BY COUNCILMEMBER KRAUSE AND SECONDED BY
COUNCILMEMBER SULLIVAN TO ADJOURN THE ZONING BOARD OF APPEALS
AND RESUME THE CITY COUNCIL MEETING
MOTION CARRIED 6-0
REGULAR BUSINESS
1. CONSENT AGENDA: All items listed on the consent agenda are considered to
be routine and will be enacted by one motion and approved by a roll call vote. There will
be no separate discussion of the items unless a Council Member or citizen so request, in
which event the items will be removed from the consent agenda and considered after
approval of the consent agenda.
a. Appointment to the Tri-City Fire Board
b. Appointment to the GWBCC
c. Appoint Election Commissioners for the August 2, 2022 election
d. Business License approval – General Businesses
e. Revised Poverty Exemption Resolution approval
f. Oakland County Assessing 1-year Contract Renewal
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED BY
MAYOR PRO TEM MCINTYRE TO APPROVE ALL CONSENT ITEMS
MOTION CARRIED 6-0
2. 5300 ELMGATE DRIVE – ENVIRONMENTALLY SENSITIVE AREA (ESA)
PERMIT APPROVAL
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED BY
COUNCILMEMBER KRAUSE TO APPROVE 5300 ELMGATE DRIVE
ENVIRONMENTALLY SENSITIVE AREA ESA PERMIT
MOTION CARRIED 6-0
3. UPPER STRAITS LAKE SPECIAL ASSESSMENT DISTRICT (SAD) REPORT
TO CITY COUNCIL
Director Gerry McCallum explained at the May 16, 2022 City Council meeting, City
Council adopted a resolution to initiate proceedings to establish a new special
assessment district (SAD) for property owners with frontage and access to upper straits
lake. This SAD is for the portion of the lake that lies within the city limits. As required by
the special assessment ordinance, cost estimates, and estimate of the life of the
improvement and what portion should be paid by the special assessment upon the
6
property specifically benefited, is required to be submitted to City Council. If City Council
decides further consideration is desirable, a motion directing a Public Hearing on the
advisability of proceeding with the project is in order. The notice of Hearing of Necessity,
presumably to be held at the July 18th City Council meeting, would be published,
followed by adoption of resolutions calling for preparation of a special assessment roll
and hearing on that roll would be taken at the August meeting. It should be noted that
this report does not include an estimate of the life of the improvement as the Upper
Straits Lake Aquatic Advisory Board is working with West Bloomfield Twp. on their time
limit so that both SAD’s will be in line with each other. Just for reference, the SAD
established for Orchard Lake is proposed with a five-year time limit on it and is renewed
typically after every five-years.
A MOTION WAS OFFERED BY COUNCILMEMBER KRAUSE AND
SECONDED BY COUNCILMEMBER MAJCHER TO BE MOTIONED TO
SET FOR PUBLIC HEARING OF NECESSITY AT THE JULY 18, 2022
REGULAR CITY COUNCIL MEETING
MOTION CARRIED 6-0
4. ARLINE DRIVE PAVING SPECIAL ASSESSMENT DISTRICT (SAD) REPORT
TO CITY COUNCIL
Director Gerry McCallum explained that at the May 16th City Council meeting, City
Council adopted a resolution to initiate proceeding to establish a new special
assessment district (SAD) for paving of Arline Drive within the city. If City Council
decides further consideration is desirable, a motion directing a Public Hearing on the
advisability of proceeding with the project is in order. The notice of Hearing of Necessity,
to be held at the July 18th City Council meeting, would be published, followed by
adoption of resolutions calling for preparation of a special assessment roll and hearing
on that roll would be taken at the August meeting.
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED
BY MAYOR PRO TEM MCINTYRE TO BE MOTIONED TO SET FOR PUBLIC
HEARING OF NECESSITY AT THE JULY 18, 2022 REGULAR CITY COUNCIL
MEETING
MOTION CARRIED 6-0
5. 2022-23 WATER & SEWER RATE APPROVAL
Raphael Chirolla, from the Water Resource Commissioner’s office (WRC), met with
Orchard Lakes Water & Sewer Committee to discuss the rates and jointly developed the
rate recommendations. The Committee directed WRC to decrease the proposed rate
increase of 18.9% to under 10% by reducing the rates contribution to the waters major
maintenance reserves and to use some of the fund’s reserves. The Committee then
directed WRC to try to maintain the proposed rate change of 20.20% or lower. WRC was
able to keep the sewer rate increase to just under 20% at 19.5%. This increase is due to
the rates established by the Great Lakes Water Authority and is required to rebuild the
7
sewers major maintenance reserves, which have significantly decreased last year due to
WRC’s significant pump station equipment upgrades and maintenance costs on the
pump stations themselves. Based on the projected costs for operation and maintenance,
the WRC recommends that the water rate increase from $47.94 to $51.75 per MCF for
the 2022/23 rate year and an increase in the quarterly water charge from $65.69 to
$78.50 per MCF based on the projected costs for operation and maintenance for the
2022/23 rate year. WRC is also recommending a sewer rate increase from $65.59 to
$78.50 per MCF for the 2022/23 rate year and an increase of the minimum quarterly
charge to $99.38 per MCF. The flat rate quarterly charge has been established at
$334.88 for sewer users that do not have a water meter based upon an assigned use of
4.0 MCF. Also, a quarterly bill/per account charge of $20.88 for the tunnel debt.
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED BY
COUNCILMEMBER SULLIVAN TO ADOPT THE 2022-23 WATER RATE
RESOLUTION
ROLL CALL VOTE TO ADOPT THE 2022-23 WATER RATE RESOLUTION
MOTION CARRIED 6-0: AYE BY ROLL CALL: ALL NAY: NONE. ABSENT: LEEB
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED BY
COUNCILMEMBER SULLIVAN TO ADOPT THE 2022-23 SEWER RATE
RESOLUTION
ROLL CALL VOTE TO ADOPT THE 2022-23 SEWER RATE RESOLUTION
MOTION CARRIED 6-0: AYE BY ROLL CALL: ALL NAY: NONE. ABSENT: LEEB
6. GREATER WEST BLOOMFIELD HISTORICAL SOCIETY MUSEUM LEASE
AGREEMENT RENEWAL
Director Gerry McCallum stated in August 2017 the city entered into a 5-year lease
agreement with the Greater West Bloomfield Historical Society for the city owned
museum building located at the corner of Orchard Lake Rd and Long Lake Rd on City
Hall grounds. This current lease is set to expire August 2022. The tenants are requesting
a multi-year lease extension for the building. It has been recommended that the city
enter into a one-year lease agreement.
Gina Gregory, president of the GWBHS, is requesting a 5-year lease, if not more. The
location is central to the four municipalities it serves and allows easy access for student
field trips and community events such as Apple Island tours. GWBHS has recently
renovated the interior of the museum and curated all new exhibits, investing many hours
and dollars in updating the museum and its grounds. Mrs. Gregory also stated that
Orchard Lake Museum brings such positive attention to the city and shows an
appreciated for its history. Currently GWBHS submits $100 monthly to COLV and pays
for museum grass cutting, lights, heat, archive insurance and fire/smoke insurance.
8
Rob Gregory, West Bloomfield resident, is in favor of the multi-year lease due to the
history this building has. It teaches many generations the history and culture for years to
come.
Carolyn Cangany, resident at 4910 Birchway Dr, stated that GWBHS is in the best
location and should be renewed for many years to come. Mrs. Cangany stated that if this
lease is not renewed, GWBHS will fold and many residents throughout Oakland County
will be upset. Mrs. Cangany has been with this organization for almost 20 years and
have taught many children the history this property brings.
Barbara Krause, resident at 3425 Wards Pointe Dr, stated she would be very upset if
this historic center is removed, you cannot replace history.
Carol Fink, West Bloomfield resident, has been working with the GWBHS for the past 30
years. She is responsible for the educational programs and teaching the children when
they come in for their field trips. Mrs. Fink says it’s nice for the city to have such great
information/education right outside our windows and how convenient the placement of
the museum is.
Mayor Finkelstein explained that he has been a member of the historical society for
many years. He appreciates all work that has been done and all the joy it has brought to
the children and anyone who has visited. Councilmember Sonneville is also a member of
the historical society and asked Director McCallum what issues there are with the
building because she is not aware of anything.
Attorney Kucharek explained to Mayor Finkelstein and Councilmember Sonneville that a
discussion needs to be taken regarding what being a member means and what it entails
due to conflicts of interest this may lead too. Attorney Kucharek asked what being a
member means. Councilmember Sonneville stated that they pay dues each year to be a
member. Being a member does not dictate what type of authority you have in running
the museum. Attorney Kucharek asked if there are any board members and
Councilmember Sonneville said yes. There are six board members for the museum and
there are no Councilmembers from Orchard Lake on it. Attorney Kucharek explained that
since they do not have any financial decision or any financial gain, that they recognize
their obligation is to the good of Orchard Lake and not the good of the society.
Councilmember Sonneville, Mayor Pro Tem McIntyre, Councilmember Krause and
Mayor Finkelstein all agree this is for the better of Orchard Lake. Attorney Kucharek and
other Councilmembers are okay with proceeding and all agree there are no conflicts of
interest.
Councilmember Sonneville again asked Director McCallum what issues there are with
the building because she was unaware of anything. Director McCallum stated that he
had never said that there were major issues with the building and he was only
commenting on the longevity of the building. The only thing that was said was about the
basement being overloaded to the point where it is probably a fire hazard due to all
materials and items downstairs. Gina Gregory understands and will find a spot once
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needed to be moved. Mayor Pro Tem McIntyre explained that he has been a member
close to 40 years and only has the best interest to Orchard Lake. He is not opposed to
any extension of the lease and has no intention of having this museum moved or to be
closed down at any point. However, he is upset those other jurisdictions have not helped
in any way shape or form and hopes to see that change.
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED
BY MAYOR PRO TEM MCINTYRE TO APPROVE A 5-YEAR LEASE, A 1-YEAR
NOTICE TO VACATE AND A FRIENDLY AMENDMENT FOR HISTORIC SOCIETY
TO BACK OUT EARLY IF NEEDED
MOTION CARRIED 6-0
7. FIRST READING AMENDMENTS TO CITY ZONING ORDINANCE NO. 14.01,
ARTICLE II, SECTION 2.02 (DEFINITIONS) & ARTICLE IV, SECTION 4.15(B) (NON-
PERMITTED ACCESSORY BUILDINGS & STRUCTURES) PERMANENT DOCKS
Director Gerry McCallum stated the Planning Commission held a Public Hearing at their
June 7th meeting on this Zoning Ordinance amendment with input from the public to
regulate permanent docks. The proposed changes, came from several months of
discussion. The purpose of these proposed amendments is to not allow the placement of
permanent docks on the lakes within the city. Justin Koch, owner of Koch’s Marine
Contracting, is in favor of permanent docks due to less environmental impact over the
course of time and only disrupting the lake bottom once compared to two times a year.
EGLE does approve of permanent docks and he wishes that Orchard Lake will consider
them too. Niklas Carey, owner of Pure Michigan Dock, is in favor of permanent docks as
well. He would like to see the city obtain the amendment to allow them with stipulations.
Mr. Carey explained that there is no difference for the 2 to 3 months the docks would be
in the water. Keeping them in the water year-round is better for the lake bottom and
habitat to not interrupt any life under water and will help restore it to its natural setting.
Mr. Carey stated that there should be stipulations that say only permanent docks with
perforated vinyl could be installed along with safety/reflective tape installed for safety
reasons.
Mayor Finkelstein asked what other cities have banned permanent docks. Justin Koch
explained that no other cities that he knows of have this banned, but are hard to obtain a
permit, especially in West Bloomfield. Councilmember Majcher said that when he drives
down Indian Trial, he notices all the docks on the shoreline during the winter months. He
would rather see them in the lakes year-round so the view to the lake is not obstructed.
Councilmember Majcher is in favor of permanent docks and agrees with Mr. Koch & Mr.
Carey.
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED
BY MAYOR PRO TEM MCINTYRE TO APPROVE FIRST READING AMENDMENTS
TO CITY ZONING ORDINANCE NO. 14.01, ARTICLE II, SECTION 2.02
(DEFINITIONS) & ARTICLE IV, SECTION 4.15(B) (NON-PERMITTED ACCESSORY
BUILDINGS & STRUCTURES) PERMANENT DOCKS
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MOTION CARRIED 6-0
8. SUBDIVISION DRAINAGE EASEMENT DISCUSSION
Kevin Kroger, president of Orchard Lake Woodlands Homeowner’s Association,
explained Orchard Lake is facing a situation for the drainage system due to the lack of
maintenance over the years. Mr. Kroger is representing Woodlands Subdivision and
Shorecliffs Subdivision. He explained the difference between an urban rainwater
drainage and a rural rainwater drainage. The urban drainage with sophisticated design
incorporating curbing, drains and underground piping to move the rainwater drainage
from yards and streets to predesignated locations (retention ponds, streams, rivers or
lakes) the rural drainage with unsophisticated design relying mostly on the topography of
the land with incorporated easements, ditches and culverts to move the rainwater
drainage from yards and streets to predesignated locations (retention ponds, streams,
rivers or lakes). Mr. Kroger explained that if underground pipes become compromised,
then the stormwater starts flooding the Woodlands to the height of the WB nature trail. It
pours into several houses. Culverts are in the WB nature trail and WB Knight Bridge
subdivision. Shorecliffs Subdivision stormwater flows through an easement into a
retention basin that is not subdivision property, but belongs to the shopping center. The
HOA has no authority to enter the retention basin to maintain it. The culvert under WB
nature trail drains Shorecliffs Subdivision retention basin overflow into WB subdivision
retention basin. Shorecliffs has no rights to culvert nor overflow basin. If culvert of
drainage easements is blocked Shorecliffs houses flood. Mr. Kroger also explained the
homeowners/HOA responsibilities and the cities responsibilities. It’s very unclear of who
has to do what and who is responsible for each issue. Municipal governments process
the legal authority to effectively investigate and help to resolve these kinds of matters. It
is true that the city may not have funds to help remediate all these problems in the city.
However, Mr. Kroger is asking City Council to please add a line item on the city budget.
Jeff Lixie, homeowner at 4061 Harbor Vista Dr, is very upset about how much water he
gets on his property. He has spent a lot of money trying to get the water to steer away
from his property with no success. Mr. Lixie has a 10-foot open drain easement on his
property that he can no longer handle due to the lack of maintenance, trees and debris.
He believes this is a city issue and needs attention ASAP.
David Hatton, homeowner at 4321 Cherry Hill Dr in Woodlands Subdivision, stated that
his yard gets very saturated when it rains. During the summer months his lawn is very
nice and green, but when it rains, he has a huge pond that runs into WB trail and backs
up due to overgrown trees and garbage. Mr. Hatton is very discouraged with the city for
not helping more, but understands this is a county issue and would like our help. Mayor
Finkelstein stated they will take this up with City Council and have a lengthy discussion
and see if there is anything they can do to help. He does agree that there is a huge lack
of maintenance. Attorney Kucharek stated that she needs to gather all information that
was discussed today and do more research and will present what she finds at the July
City Council meeting.
9. CITY VEHICLE & EQUIPMENT USE POLICY REVISION
Mayor Finkelstein explained that at last month’s City Council meeting the Chief of Police
and Director McCallum had asked to use the company vehicle to go back and forth from
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home to work. City Attorney Kucharek was not comfortable with the language that was
presented and asked that this matter be postponed to the July 2022 meeting. Attorney
Kucharek revised City Vehicle Use Policy and presented it to City Council.
Councilmember Sonneville questioned section E, regarding commuting more than 15
miles one way that they will have to pay the IRS mileage rate. She feels this is more
work for City Clerk/Treasurer Rhonda McClellan and should be how many miles from
Chief Nicholson’s and Director McCallum’s house to work. Attorney Kucharek explained
that she has looked into many different cities and many other states and this is the going
mileage throughout that she has found. Employees cannot use city gas and/or funds for
personal use. Chief Nicholson does not agree with the revisions and wants to use the
company vehicle for personal use at any time.
A MOTION WAS OFFERED BY COUNCILMEMBER MAJCHER AND SECONDED
BY COUNCILMEMBER SULLIVAN TO APPROVE THE CITY VEHICLE &
EQUIPMENT USE POLICY REVISION
MOTION CARRIED 6-0
10. CITY HALL, CONSTRUCTION MANAGEMENT COMMITTEE UPDATE
Director McCallum explained the Construction Management Committee met last on May
27, 2022. At that meeting, the Committee met with Mike Blanek the architect with Stucky
Vitale to discuss the final drawings for the proposed improvement to the police
department and new DPW facility. There was also a discussion that took place regarding
materials to be used for the construction of these improvements. The committee also
discussed the bonding of the project, which the city was able to obtain an AA+ rating and
the bond funds would be deposited on June 7th. It is anticipated that if the final bid price
is within the appropriate range that the construction of this project could begin as early
as July 1st.
The Committee was anticipating on meeting again on June 16th, but that meeting had to
be cancelled due to the fact that the bid pricing was still ongoing and a final bid price for
this project would not be available until Monday June 20th. Since the final bid price could
not be reviewed by the Committee prior to the June 20th City Council meeting, the
Construction Management Committee will be meeting the following week to review. If the
final bid price is acceptable, a Special City Council meeting may have to be called to
take action on the contract with the contractor for construction to begin in the beginning
of July.
11. CITY COUNCIL MEMBER RESIGNATION – ACCEPTANCE
Mayor Finkelstein explained that Councilmember Krause has put in his resignation from
the City Council and also the city’s representative on the Greater West Bloomfield Cable
Commission Board due to health reasons. Councilmember Krause is asking that
whomever takes over his City Council position also takes over his GWBCC position.
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A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED
BY MAYOR FINKELSTEIN TO APPROVE CITY COUNCILMEMBER RESIGNATION
FOR COUNCILMEMBER KRAUSE
MOTION CARRIED 6-0
12. CITY COUNCIL MEMBER APPOINTMENT APPROVAL
Mayor Finkelstein stated that since Councilmember Krause resigned, we now need to fill
his position or leave it vacant until November 2022. Mayor Finkelstein suggested Kevin
Kroger to take over this position immediately.
A MOTION WAS OFFERED BY COUNCILMEMBER SONNEVILLE AND
SECONDED BY MAYOR FINKELSTEIN TO APPOINT KEVIN KROGER AS NEW
COUNCILMEMBER TO FILL THE TERM OF FORMER COUNCILMEMBER DAN
KRAUSE
MOTION CARRIED 6-0
13. COUNCIL REPORTS
Councilmember Sonneville wanted to thank the city for a successful campaign to end
gun violence and also wanted to thank Dan Krause for all his hard work on City Council.
ADJOURNMENT
THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER SULLIVAN MOVED TO
ADJOURN THE MEETING AT 10:13 PM. COUNCILMEMBER MAJCHER SECONDED
THE MOTION
MOTION CARRIED 6-0
Norm Finkelstein Rhonda McClellan
Mayor City Clerk
DL
07/12/2022
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 of
Oakland and the City of Orchard Lake Village, 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
Rhonda McClellan, Clerk, City of Orchard Lake Village
Kimberly Hampton, Technical Specialist, Equalization Division
Enclosures