HomeMy WebLinkAboutInterlocal Agreements - 2022.10.20 - 38046
October 20, 2022
RESOLUTION #2022-2106 _ 22-350
Sponsored By: Gwen Markham
Equalization - Interlocal Agreement Designating Micheal Lohmeier as the Assessor for
Oakland County
Chairperson and Members of the Board:
WHEREAS pursuant to Public Act 660 of 2018, each county is required to notify the State Tax
Commission, no later than December 31, 2020, of the individual that will serve as the County’s
Designated Assessor; and
WHEREAS the Designated Assessor is part of a process to ensure that local units of government are
in compliance with statutory provisions of the Audit of Minimum Assessing Requirements; and
WHEREAS the Designated Assessor is the individual designated by an Interlocal Agreement
executed between the County Board of Commissioners and a majority of the assessing districts
(cities and townships) within the county, subject to final approval of the State Tax Commission; and
WHEREAS the Designated Assessor serves as the assessor of record and assumes all duties and
responsibilities as the assessor of record for an assessing district that is determined to be non-
compliant with an audit; and
WHEREAS each county must also provide the State Tax Commission with the interlocal agreement
executed by the County Board of Commissioners, a majority of the assessing districts within the
county, and the proposed Designated Assessor for the county; and
WHEREAS the interlocal agreement must provide enough detail regarding the assessment
responsibilities for the Designated Assessor including, but not limited to, the following:
1. Information related to the scope of services being provided by the Designated Assessor,
including preparation of assessment rolls, timeline for delivery of documents and execution of
forms, attendance at Boards of Review meetings, duties and responsibilities related to property
tax appeals, both Small Claims and Entire Tribunal, filed with the Michigan Tax Tribunal,
responsibility to meet with local unit officials, and obligations of local unit assessing staff
members,
2. Duties and responsibilities for each local unit within the county, including providing the
Designated Assessor with reasonable access to records, documents and information, and
3. Details relating to cost and compensation for overseeing and administering the annual
assessment and operating the assessing office, including payment terms and cost
reimbursement; and
WHEREAS an Interlocal Agreement was previously entered into between Oakland County and the
participating Assessing Districts under the former Oakland County Equalization Director; and
WHEREAS Oakland County has a new Oakland County Equalization Director, Micheal Lohmeier,
and as a result, a new Interlocal Agreement is required with the Assessing Districts within the County
that approve the Agreement; and
WHEREAS Oakland County Corporation Counsel is developing the Designated Assessor Interlocal
Agreement to be entered into with any and all Assessing Districts within the County that approve the
Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
designating Oakland County Equalization Director Micheal Lohmeier, who is an individual qualified
and certified by the State Tax Commission as a Michigan Master Assessing Officer, to be the
Designated Assessor for Oakland County.
BE IT FURTHER RESOLVED that the Board of Commissioners approves and authorizes the
Chairperson of Board to execute the required Interlocal Agreement on behalf of Oakland County upon
final review and approval by Corporation Counsel.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Gwen Markham.
Date: October 21, 2022
David Woodward, Commissioner
Date: October 21, 2022
David Coulter, Oakland County Executive
Date: October 26, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-10-12 Finance - Recommend to Board
2022-10-20 Full Board - Adopted
VOTE TRACKING
Motioned by Commissioner Michael Gingell seconded by Commissioner Kristen Nelson to adopt the
attached Interlocal Agreement: Designating Micheal Lohmeier as the Assessor for Oakland County.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen
Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck
Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Penny Luebs, Janet Jackson,
Gary McGillivray, Robert Hoffman, Adam Kochenderfer (20)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. OC Designated Assessor Interlocal Agreement 9.16.22
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
October 20, 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, October 20, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
INTERLOCAL AGREEMENT FOR OAKLAND COUNTY TO APPROVE
THE DESIGNATED ASSESSOR FOR THE PERIOD January 1, 2023
THROUGH December 31, 2027
Public Act 660 of 2018 requires a county to have a Designated Assessor on file with the State Tax
Commission as of December 31, 2020.On December 29, 2020, Oakland County met this
requirement, having a majority of the Assessing Districts in favor of the Equalization Officer
serving as its Designated Assessor. On August 4, 2022, Oakland County Commissioners voted to
retain Micheal R Lohmeier, MMAO as its new Equalization Officer for its Equalization Division,
and as a result, the interlocal agreements were required to be revised. A majority of the Assessing
Districts are in favor of the Equalization Officer serving as its Designated Assessor.
The following interlocal agreement (hereinafter “Agreement”) has been executed by the Board of
Commissioners for Oakland County, a majority of the Assessing Districts in Oakland County, and
the individual put forth as the proposed Designated Assessor. Oakland County and the Assessing
Districts are collectively referred to throughout this Agreement as the “Parties.”
RECITALS WHEREAS, The Assessing Districts are Municipal Corporations (cities and townships) located
within the County of Oakland, in the State of Michigan;
WHEREAS, The Michigan Constitution of 1963, Article 7, Section 28 permits a political
subdivision to exercise jointly with any other political subdivision any power, privilege
or authority which such political subdivisions share in common with each other and
which each might exercise separately;
WHEREAS, The Urban Cooperation Act of 1967, being MCL 124.505 et seq, and the
Intergovernmental Transfer of Functions and Responsibilities Act, give effect to the
Constitutional provision by providing that public agencies may enter into interlocal
agreements to carry out their respective functions, powers and authority;
WHEREAS, P.A. 660 of 2018 requires each County to enter into an Agreement that designates
the individual who will serve as the County’s Designated Assessor. That interlocal
agreement must be approved by the County Board of Commissioners and a majority of
the Assessing Districts in the County.
WHEREAS, P.A. 660 of 2018 mandates that the Designated Assessor shall be an advanced
assessing officer or a master assessing officer.
NOW, THEREFORE, based on the foregoing Recitals, and in consideration of the terms of this
Agreement, the Parties agree as follows:
DESIGNATED ASSESSOR – INTERLOCAL AGREEMENT
Page 2 of 9
BACKGROUND INFORMATION
Oakland County names MICHEAL R. LOHMEIER (R-6101), in his official capacity as the
Equalization Officer for Oakland County, as the Designated Assessor for all of the Assessing
Districts within Oakland County 1. Included as an addendum to this Agreement are the Oakland
County SEV totals by class, including special act values, those properties deemed unique or
complex by a local Assessing District, and a listing of the total number of parcels, by classification,
including special act rolls, within each Assessing District.
If the State Tax Commission (STC) invokes the Designated Assessor process for any Assessing
District in Oakland County, the Parties agree that the Designated Assessor will perform the duties
associated with being the Assessor of Record for an Assessing District at the Oakland County
Equalization Division offices in the City of Pontiac, County of Oakland, State of Michigan, unless
the duties of the Designated Assessor require on-site visits to the Assessing District’s location.
QUALIFICATIONS OF DESIGNATED ASSESSOR
Micheal R. Lohmeier has been certified as a Michigan Master Assessing Officer since 2012. In his
capacity as the Oakland County Equalization Officer, he is responsible for managing the Oakland
County Equalization Division. Along with its statutory duties, the Equalization Division currently
acts as the contracted Assessor of Record for thirty of the fifty-two Assessing Districts in Oakland
County.
Micheal R. Lohmeier has disclosed any conflicts of interest involving the proposed Designated
Assessor, the County, or any Assessing District, if applicable: [NONE].
It is understood that Micheal R. Lohmeier will, during the length of this agreement, maintain his
assessor certification in good standing with the State Tax Commission and if required to serve as
the Designated Assessor for an Assessing District in Oakland County shall act as the Assessor of
Record for that Assessing District. When acting as the Assessor of Record for an Assessing
District, the Designated Assessor shall meet all the requirements as set forth by the State Tax
Commission’s Supervising Preparation of the Assessment Roll approved by the State Tax
Commission August 21, 2018.
Any additional requirements that are agreed to by the Designated Assessor, the County and the
Assessing Districts may not conflict with the State Tax Commission’s Supervising Preparation of
the Rolls.
1 Oakland County contains 52 Assessing Districts (cities and townships), two of which (City of
Fenton and City of Northville) are not considered to be “in” Oakland County for purposes of MCL
211.10g as the largest share of their state equalized value is located in another county.
A list of the remaining 50 Assessing Districts can be found here:
https://www.oakgov.com/mgtbud/equal/Pages/assessing-offices.aspx
DESIGNATED ASSESSOR – INTERLOCAL AGREEMENT
Page 3 of 9
1.0 DUTIES AND RESPONSIBILITIES OF DESIGNATED ASSESSOR
1.1 The Designated Assessor, while serving as the Assessor of Record for an Assessing District
within Oakland County, shall satisfy all requirements contained State Tax Commission’s
Supervising Preparation of the Assessment Roll approved by the State Tax Commission
August 21, 2018.
1.2 Within 30 (thirty) days of being appointed as the Assessor of Record for the Assessing
District by the STC or the voluntary election by the Assessing District to utilize the
Designated Assessor, the Designated Assessor shall prepare and transmit to the Assessing
District’s supervisor, manager, or chief executive a detailed proposal, including a schedule
for delivery of documents, to correct deficiencies identified by the STC’s audit.
1.3 The Parties agree that the Designated Assessor, while serving as the Assessor of Record
for an Assessing District, shall do the following things, as applicable to bring the Assessing
District into compliance with the Audit of Minimum Assessing Requirements:
1.3.1 Make assessments of real and personal property within the Assessing District;
1.3.2 Appraise all property, process all real and personal property description changes,
and prepare the assessment roll for real and personal property in the Assessing
District;
1.3.3 Attend (or have a designee attend) all March, July, and December Board of Review
meetings;
1.3.4 Be available for consultation on all Michigan Tax Tribunal real and personal
property and special assessment appeals, and assist the Assessing District in the
preparation of both the oral and written defense of appeals;
1.3.5 Prepare all necessary reports for review by the supervisor, manager, chief
executive, board, or council of the Assessing District, as applicable;
1.3.6 Performs any other duties required under PA 660 of 2018.
1.4 For an Assessing District employing assessing staff other than the Assessor of Record,
assessing staff will conduct their duties as under the direction and supervision of the
Designated Assessor, subject to any limitations as may be agreed by the applicable
Assessing District and the Designated Assessor. However, no members of said assessing
staff will become employees or independent contractors of Oakland County.
1.5 While not acting in the capacity as the Designated Assessor for an Assessing District, the
Designated Assessor will have the following duties and responsibilities for Oakland
County and the Assessing Districts within Oakland County: Equalization Officer.
1.6 The parties understand and agree that the duties outlined in this Agreement only apply if
and when the Designated Assessor is required, or the Assessing District chooses to request
the Designated Assessor, to take over the assessing duties for an Assessing District
DESIGNATED ASSESSOR – INTERLOCAL AGREEMENT
Page 4 of 9
pursuant to the terms of PA 660 of 2018. This Agreement will have no effect on any pre-
existing agreements that the parties may have, under which Oakland County performs
contracted assessing services for the Assessing District.
2.0 DUTIES AND RESPONSIBILITIES OF ASSESSING DISTRICTS
2.1 Any Assessing District in Oakland County that is required to utilize the services of the
Designated Assessor will, during the period the Assessing District is required to or chooses
to utilize the services of the Designated Assessor, do the following:
2.1.1 Provide the Designated Assessor with reasonable access to records, documents,
databases and information in order to allow the Designated Assessor to serve as the
Assessor of Record for the Assessing District and satisfy all requirements
Supervising Preparation of the Assessment Roll approved by the State Tax
Commission August 21, 2018.
2.1.2 Furnish the Designated Assessor with any applicable policies and procedures that
the Designated Assessor may be subject to during the period of time the Designated
Assessor serves as the Assessing District’s Assessor of Record.
2.1.3 Provide, while the Designated Assessor or his designee is physically working on
behalf of the Assessing District and within the geographical boundaries of the
Assessing District, any technology, equipment, and workspace necessary for the
Designated Assessor or his designee to carry out their requirements under this
Agreement.
2.2 The Assessing District shall, at all times and under all circumstances, remain solely liable
for any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any Assessing District tax appraisal or assessment functions or any other
Assessing District legal obligation under any applicable State Property Tax Laws. The
Assessing District shall employ and retain its own legal representation, as necessary, to
defend any such claim or challenge before the State Tax Tribunal or any other court or
review body.
2.3 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, the Parties agree that no other County employees, including any
County attorneys shall be authorized, required and/or otherwise obligated under this
Agreement or pursuant to any other agreement between the Parties to provide any legal
representation to or for the Assessing District and/or otherwise defend, challenge, contest,
appeal, or argue on behalf of the Assessing District before the Michigan Tax Tribunal or
any other review body or court except to the extent the matters have been traditionally and
previously handled by assessing staff, such as, but not limited to, Michigan Tax Tribunal
small claims division hearings and matters before the State Tax Commission.
DESIGNATED ASSESSOR – INTERLOCAL AGREEMENT
Page 5 of 9
2.4 The Assessing District shall, at all times and under all circumstances, remain solely liable
for any and all costs, legal obligations, and/or civil liabilities associated with or in any way
related to any tax appraisal or assessment functions or any other legal obligation. The
Assessing District agrees that under no circumstances shall the County or the Designated
Assessor be responsible for any costs, obligations, and/or civil liabilities or any
responsibility under any State Property Tax Law.
3.0 DESIGNATED ASSESSOR COMPENSATION
3.1 The Designated Assessor may charge an Assessing District that is required to contract with
the Designated Assessor and that Assessing District shall pay for the reasonable costs
incurred by the Designated Assessor in serving as the Assessing District’s Assessor of
Record, including, but not limited to, the costs of overseeing and administering the annual
assessment, preparing and defending the assessment roll, and operating the assessing
office.
3.2 If the Designated Assessor is required to serve as the Assessor of Record for an Assessing
District within Oakland County, the parties understand and agree that he will be serving in
his official capacity as the Oakland County Equalization Officer. Therefore, an Assessing
District will not make any direct payments to the Designated Assessor. Instead, the
Assessing District will be responsible for paying a fee to Oakland County which fee is
intended to compensate Oakland County for the reasonable costs incurred by the
Designated Assessor and his staff. Oakland County will charge the Assessing District a fee
equal to the average rate per parcel that it charges those districts for whom it already
performs contracted assessing services, as of the date the Designated Assessor is required
to serve as the Assessor of Record. The parties agree that should the standard fee not
reasonably reflect the actual cost of the provision of the services required that the standard
fee will be modified to a higher or lower fee, and so the fee is reasonable. The modification
of the standard fee will be dependent upon the complexity of the work to be performed
by the Designated Assessor, the number of staff needed to assist in completing the work
and whether the Assessing District provides its own staff to assist the Designated Assessor.
The Assessing District is not required to pay a retainer fee. In the event that the Designated
Assessor is acting on behalf of an Assessing District for which Oakland County
Equalization Department is currently contracted with to provide assessing services, the
Designated Assessor will provide its Designated Assessor services at no additional cost to
said Assessing District.
3.3 If the Assessing District fails, for any reason, to pay the County any monies when and as
due under this Contract, the Assessing District 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 Assessing District 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
DESIGNATED ASSESSOR – INTERLOCAL AGREEMENT
Page 6 of 9
setoff or retention of funds by the County shall be deemed a voluntary assignment of the
amount by the Assessing District to the County. The Assessing District 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 Assessing District’s legal
right to dispute whether the underlying amount retained by the County was actually due
and owing under this Agreement.
3.4 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 Agreement. Interest charges shall be calculated using the daily unpaid balance method
and accumulate until all outstanding amounts and accumulated interest are fully paid.
3.5 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 Assessing District to secure
reimbursement of amounts due the County under this Agreement. The remedies in this
Section shall be available to the County on an ongoing and successive basis if Assessing
District 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 Assessing District 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 Assessing District.
4.0 EFFECTIVE DATE AND TERM OF AGREEMENT
This Agreement shall become effective when it is executed by the Oakland County Board
of Commissioners, Micheal R. Lohmeier, and the governing bodies of a majority of the
Assessing Districts within Oakland County, and shall expire on December 31, 2027. The
terms and conditions in Section 3.0 (Compensation) shall survive and continue in full force
beyond the termination of this Agreement if the Assessing District owes money to the
County under this Agreement.
5.0 DESIGNATED ASSESSOR EMPLOYMENT STATUS
It is understood by the parties that Micheal R. Lohmeier is appointed as the Designated
Assessor based on his employment status as Oakland County Equalization Officer and that
if his employment status materially changes, the parties will request that the State Tax
Commission designate and approve an interim Designated Assessor until the parties are
able to amend this Agreement.
6.0 ENTIRE AGREEMENT
This Agreement sets forth all covenants, promises, agreements, conditions and
understandings between the parties and there are no covenants, promises, agreements,
conditions, or understandings, either oral or written, between the Parties other than are set
forth in this Agreement.
DESIGNATED ASSESSOR – INTERLOCAL AGREEMENT
Page 7 of 9
7.0 AMENDMENTS
This Agreement cannot be modified unless reduced to writing and signed by both Parties.
8.0 SEVERABILITY
If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal
or invalid, then the term or condition shall be deemed severed from this Agreement. All
other terms or conditions shall remain in full force and effect.
9.0 GOVERNING LAW
This Agreement shall be governed, interpreted, and enforced by the laws of the State of
Michigan.
10.0 COUNTERPARTS
This Agreement may be executed in one or more counterparts, including facsimile copies,
each of which shall be deemed an original, but all of which shall together constitute one
instrument.
IN WITNESS WHEREOF, ________________________________________ [name and title of
assessing district official] hereby acknowledges that he/she has been authorized by a resolution of
the _______________________________________ [name of assessing district], a certified
copy of which is attached, to execute this Agreement on behalf of Public Body and hereby accepts
and binds Public Body to the terms and conditions of this Agreement.
[Signatures contained on following page]
DESIGNATED ASSESSOR – INTERLOCAL AGREEMENT
Page 8 of 9
EXECUTED: ____________________________________ DATE: _______________
Name and Title:
WITNESSED: ___________________________________ DATE: _______________
Name and Title:
IN WITNESS WHEREOF, David Woodward, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners to execute this Agreement on behalf of Oakland County, and
hereby accepts and binds Oakland County to the terms and conditions of this Agreement.
EXECUTED: ____________________________________ DATE: _______________
David Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: ___________________________________ DATE: _______________
Name and Title:
MICHEAL R. LOHMEIER, in his official capacity as Equalization Officer for Oakland County,
hereby accepts the role of Designated Assessor as outlined in this Agreement.
EXECUTED: ____________________________________ DATE: _______________
Micheal R. Lohmeier
Oakland County Equalization Officer
DESIGNATED ASSESSOR – INTERLOCAL AGREEMENT
Page 9 of 9
ADDENDUM – SEV TOTALS
OAKLAND COUNTY SEV TOTALS BY
CLASS
Class
Parcel
Counts
State Equalized
Values
Agricultural
392
87,150,370
Commercial
20,907
14,614,165,290
Industrial
4,441
2,896,770,040
Residential
448,068
68,274,369,769
Personal
Property
52,372
3,863,299,665
Special Acts
650 507,403,698
March 10, 2023
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 October 20, 2022 the Board of Commissioners for Oakland County entered into an agreement per MR #22350 –
Equalization – Interlocal Agreement Designating Michael Lohmeier as the Assessor for Oakland County
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 Southfield, and the authorizing Board of Commissioners Resolution are enclosed for filing by your
office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center, Building #14 East
1200 N. Telegraph Rd.
Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell, CERA
Director of Elections
Cc: Donna Dyer, Corporation Counsel, Oakland County
Erika Munoz-Flores, Corporation Counsel, Oakland County
Allyson Bettis, Clerk, City of Southfield
Kimberly Hampton, Technical Specialist, Equalization Division
Enclosures
REGULAR MEETING 1 APPROVED
JANUARY 23, 2023
REGULAR MEETING
OF THE COUNCIL
CITY OF SOUTHFIELD
NOVEMBER 1, 2022
INDEX
RESOLUTION TOPIC PAGE(S)
****** COMMUNICATIONS Portion ....................................................................1
****** PRESENTATION of Proclamation “Extra Mile Day”
November 1, 2022 ........................................................................................1
2022.336 APPROVE Oakland County Interlocal Agreement for a
Designated Assessor Under PA 660 of 2018 ........................................ 1-3
2022.337 APPROVE Application for Charitable Gaming – Greater
Realtors Foundations ............................................................................... 3-4
2022.338 APPROVE 2023 Council Meeting Schedule
.............................................................. 4-6
2022.339 AUTHORIZE Repair of the Police Firearms Range Walls and Ceiling .....6
2022.340 APPROVE Contract for Rehabilitation of the Lockdale
Pump Station ........................................................................................... 6-7
2022.341 AUHORIZE Purchase of V-Box Salt Spreaders for Streets
& Highway Division ................................................................................ 7-8
2022.342 AUTHORIZE Purchase of Electric Vehicles for Parking Enforcement ......8
2022.343 APPROVE Proposed Ice Chest Moratorium ......................................... 9-10
2022.344 APPROVE Resolution for Designating Local Registrar ...........................10
2022.345 ADJOURN to Closed Session for Discussion of Performance
Evaluation ..................................................................................................11
2022.346 RECONVENE into Open Session .............................................................12
REGULAR MEETING 1 NOVEMBER 1, 2022
REGULAR MEETING
OF THE COUNCIL
CITY OF SOUTHFIELD
MINUTES
November 1, 2022
The meeting of the Council convened at 6:00 p.m. in the Council Chambers of the Municipal
Building, 26000 Evergreen Road, Southfield, Michigan, with Council President Linnie Taylor in
the Chair. PRESENT: Council Members: Nancy Banks, Daniel Brightwell, Michael Ari
Mandelbaum and Jason Hoskins. EXCUSED: Lloyd Crews and Myron Frasier. ALSO
PRESENT: Mayor Kenson Siver, City Administrator Fred Zorn, City Attorney Dawn King,
Deputy City Clerk Nicole Humphries, and Director of Planning Terry Croad. There being a
quorum, Council was in session. The meeting began with the pledge of allegiance by Council
President Linnie Taylor.
First item on the agenda was the Communications Portion.
Two individuals addressed Council during this portion.
Next on the agenda was a Presentation of Proclamation – Extra Mile Day, November 1, 2022
Mayor Ken Siver presented a proclamation declaring Tuesday, November 1, 2022, as “Extra Mile
Day” in the City of Southfield. Extra Mile Day is a day to recognize the people and organizations
that are creating positive change in communities through their extra mile efforts in volunteerism and
service.
Mayor Siver acknowledged Father Chris Yaw, the director of Saint David’s Episcopal Church.
Father Yaw has served the Saint David’s Parish since 2007 and has initiated numerous Outreach
opportunities and resource programs. Father Yaw thanked the Mayor Siver and said that he was
honored by the award.
Next on the agenda was the Consent Agenda. Councilman Brightwell requested Consent Agenda
Items A be pulled for further discussion.
Item B. Oakland County Interlocal Agreement for a Designated Assessor Under PA 660 of 2018
Public Act 660 of 2018 was approved on December 28, 2018, and it amended Public Act 206 of
1893, the General Property Tax Act, to provide a statutory framework to ensure proper assessing
practices in order to guarantee the highest quality of fair and equitable assessments for taxpayers
REGULAR MEETING 2 NOVEMBER 1, 2022
and local units.
The Act defines the requirements for substantial compliance with the General Property Tax Act,
provides timelines for audits and follow-up audits, and details a process for bringing a local unit
into compliance if they remain non-compliant after a follow-up review. The Designated Assessor
is an integral part of this process and can preserve the City from having the assessment roll
jurisdiction assumed by the Michigan State Tax Commission, if substantial non-compliance is ever
determined.
The Michigan State Tax Commission conducts audits of assessment practices according to a
published schedule. The City of Southfield underwent an Audit of Minimum Assessing
Requirements (AMAR) review in 2022 and is currently scheduled to undergo our next review in
2027. If an assessing unit is determined to be in substantial compliance, no further action is
required for that five-year cycle. If the State Tax Commission determines that the assessing unit
is not in substantial compliance, the local unit can appeal the audit or submit a corrective action
plan to be approved by the State Tax Commission.
In the event the Commission conducts a follow-up review, and the assessing unit is not in
substantial compliance, the assessing unit has three options:
1. The assessing unit may hire a new Michigan Advanced Assessing Officer (MAAO)
or Michigan Master Assessor Officer (MMAO), (depending on local unit SEV
requirements)
2. The State Tax Commission assumes the jurisdiction over the assessment roll in order
to bring the roll into substantial compliance, or,
3. The local unit may move directly to the Designated Assessor.
Regardless of which option is selected, the Commission will conduct a second follow-up
review. If, after the second follow-up review the assessing unit remains to be in non-
compliance, the local unit will move directly to the Designated Assessor process.
The Designated Assessor is part of the process to ensure that local units maintain compliance
with the statutory provisions of the General Property Tax Act.
The Designated Assessor is the individual selected and agreed to by the County Board of
Commissioners and a majority of the assessing units within the county, subject to final approval
of the State Tax Commission.
Some areas of noncompliance can directly affect property values, causing assessments to be over
or under 50% of market value in total, by class of property. The cost of funding the Designated
Assessor, is based on a per parcel fee in affect by Oakland County for assessing units currently
under contract.
2022.336 Motion by Brightwell; Supported by Hoskins.
REGULAR MEETING 3 NOVEMBER 1, 2022
RESOLVED: That the Southfield City Council adopt the attached resolution titled
Interlocal Agreement – Designed Assessor between Oakland County and the City
of Southfield approving Oakland County’s Equalization Director, Michael
Lohmeier as the Designated Assessor in Oakland County pursuant to Public Act
660 of 2018.
WHEREAS: Pursuant to Public Act 660 of 2018, each county is required to notify
the State Tax Commission, no later than December 31, 2022, of the individual that
will serve as the county’s Designated Assessor; and.
WHEREAS: The Designated Assessor is part of a process to ensure that local units
of government are in compliance with statutory provisions of the Audit of
Minimum Assessing Requirements; and,
WHEREAS: The Designated Assessor is the individual designated by an Interlocal
Agreement executed between the County Board of Commissioners and a majority
of the assessing cities and townships within the county, subject to final approval of
the State Tax Commission; and,
WHEREAS: The Oakland County Board of Commissioners approved Oakland
County Equalization Director, Michael Lohmeier, who is an individual qualified
and certified by the State Tax Commission as a Michigan Master Assessing Officer,
to be the Designated Assessor for Oakland County; and,
NOW THEREFORE, BE IT RESOLVED: That the City of Southfield, City
Council enters into an Interlocal Agreement with the County of Oakland appointing
Equalization Director Michael Lohmeier as the Designated Assessor for Oakland
County.
Motion passed.
Item C. Application for Charitable Gaming License – Greater Realtors Foundation
The Greater Realtors Foundation is requesting to be recognized as a nonprofit organization
operating in the City of Southfield for the purpose of obtaining a charitable gaming license from
the State of Michigan to conduct a raffle on November 4, 2022 and begin selling tickets November
2, 2022. Due to the time delay from the requested start date in selling tickets and the next Council
meeting, it is requested that Council declare an immediate need to act under the Council Rules of
Procedure.
Act 382 of the Public Acts of 1972, as amended, defines a local civic organization as an
organization “not for pecuniary profit and not affiliated with a state of national organization, which
is recognized by resolution adopted by the City in which the organization conducts its principal
activities. Further, that the constitution, charter, articles of incorporation, or bylaws of said
REGULAR MEETING 4 NOVEMBER 1, 2022
organization, contain a provision for the perpetuation of the organization as a nonprofit organization
whose entire assets are pledged to charitable purposes, and that all assets, real property and
personal property shall revert to the benefit of the city government upon dissolution of the
organization.”
2022.337 Motions by Brightwell; Supported by Hoskins.
BE IT RESOLVED: That Council does hereby approve the application for
Charitable Gaming License – Greater Realtors Foundation, 24725 W. 12 Mile Rd,
Ste 100.
Motion passed.
Item A. 2023 Council Meeting Schedule
Councilman Brightwell stated that at the last meeting he assumed that there would be consideration
made to ensure that Council be involved in the budget process earlier in the year. Council and City
Administrator Fred Zorn discussed their concerns and agreed to amend the 2023 City Council
Schedule on December 4th to Budget Prioritization.
2022.338 Motion by Brightwell; Supported by Mandelbaum
BE IT RESOLVED: That Council hereby approves the revised 2023 Council
Meeting Schedule dated November 1, 2022.
REGULAR MEETING 5 NOVEMBER 1, 2022
2023 CITY COUNCIL SCHEDULE
City Hall, 26000 Evergreen Road, Southfield, Michigan
All Meetings will commence at 6:00PM in the Council Chambers unless noted
Meetinsg will be catergorized as Committee of the Whole Meetings and Regular Meetings
City Clerk's Office
Revised: November 1, 2022
October 10 Regular Meeting (Tuesday Meeting)
23 Regular Meeting
May 1 Regular Meeting
8 Regular Meeting
10 Regular Meeting (conducted as a Committee-of-the-
Whole Meeting 2023-2024 Budget Discussion) if
neccessary
11 Regular Meeting (conducted as a Committee-of-the-
Whole Meeting 2023-2024 Budget Discussion) if
neccessary
17 Regular Meeting (conducted as a Committee-of-the-
Whole Meeting 2023-2024 Budget Discussion) if
neccessary
18 Regular Meeting (conducted as a Committee-of-the-
Whole Meeting 2023-2024 Budget Discussion) if
neccessary
22 Regular Meeting
November 13 Regular Meeting
20 Regular Meeting (Inauguration)
27 Regular Meeting
December
4
Regular Meeting
18 Regular Meeting
Jan-24 8 Regular Meeting
22
Regular Meeting
29 Regular Meeting
2023 Election Dates
Primary Election if necessary August 8, 2023
General Election November 7, 2023
January 9 Regular Meeting
17 Regular Meeting (Tuesday Meeting)
23 Regular Meeting
June 12 Special Budget Adoption Meeting -5:30 p.m.
12 Regular Meeting
20 Regular Meeting (Tuesday Meeting)
26 Regular Meeting
February 6 Regular Meeting
13 Regular Meeting
27 Regular Meeting
July 10 Regular Meeting
24 Regular Meeting
March 13 Regular Meeting
27 Regular Meeting
August 14 Regular Meeting
28 Regular Meeting
April 3
17
Regular Meeting
Regular Meeting
24 Regular Meeting
September 5
11
Regular Meeting (Tuesday Meeting)
Regular Meeting
18 Regular Meeting
REGULAR MEETING 6 NOVEMBER 1, 2022
Motion passed.
Next on the agenda were items for discussion and or action.
Item A. Authorization to Repair the Police Firearms Range Walls and Ceiling
The police departments indoor firearms range walls and baffles have never been repaired or
upgraded for safety. Presently there are multiple sections damaged or broken off. The damaged
portions expose the concrete wall which is not safe in the event of a ricochet or accidental discharge.
Additionally, the sound barrier portions of the walls and ceiling have multiple portions that are
damaged, broken and/or missing. Finally, there are two large 10-foot sections of concrete wall near
the 15-yard line, that never had any protective walls/ sound barrier material installed. Repair of the
walls and ceiling will improve both the safety and quality of Police firearms training.
Vendor Service Total Price
Action Target, Provo UT Repair (2), 22-yd range walls, (1), 20 ft wall,
and a 22ft by 20ft portion of ceiling
$120,000.00
Action Target currently has an approved U.S. General Service Administration (GSA) approved
contract, GSA Contract Number: GS-07F-0482Y. The contract was reviewed and approved by the
Southfield Purchasing department.
The firearms range repairs total $120,000.00. Funds for this purpose are provided in the FY 2022-
2023 Police Support Division Building Improvements Account 101-301.6504- 971.9760.
2022.339 Motion by Mandelbaum; Supported Brightwell.
BE IT RESOLVED: That Council does hereby approve and the authorize the
Mayor and City Clerk authority to execute a contract with Action Target, Provo
UT, in the total amount of $120,000.00 for the Police Department firearms repair
project in accordance with Chapter 8, Section 1.279 (3) of the City's Code of
Ordinances, " ... by contracting with or through another unit of government,"
namely the U.S. General Service Administration (GSA) for a total amount of
$120,000.00 with funds provided in the 2022-2023 Police Department, Support
Division Building Improvements Account 101-301.6504-971.9760 after review and
approval of the documents as to form by the City Attorney’s office
Motion passed.
Item B. Authorization to Contract for Rehabilitation of the Lockdale Pump Station
The Streets & Highways Division is requesting authorization to enter contract for the rehabilitation
REGULAR MEETING 7 NOVEMBER 1, 2022
of the Lockdale pump station. The pump station is currently malfunctioning which is causing water
to back up in the pipes and erode the roadbed. The proposed rehabilitation of the Lockdale pump
station is necessary to preserve the City’s investment in the recently completed road projects on
Lockdale and the Northwestern Service Drive.
Bids were advertised and one response was received from Z Contractors of Shelby Township,
Michigan. Benesch Engineering has reviewed the Bid and recommended that Z Contractors, Inc.
should be awarded the contract.
Expenditures for rehabilitation are $458,929.74 plus a 15% contingency of $68,839.46 will
bring the not expected to exceed total to $527,769.20. Funds are available in the FY 22-23 Major
Streets & Highways Road Construction Land Improvements Account 202- 451.4515-971.9740.
2022.340 Motion by Mandelbaum; Supported by Banks.
RESOLVED: That Council does hereby authorize the Mayor and City Clerk
authority to enter into a contract with Z Contractors, Inc., of Shelby Township,
Michigan for the rehabilitation of the Lockdale pump station for $458,929.74 for
rehabilitation plus an additional 15% for possible contingencies of $68,839.46 for
a total of $527,769.20 with funds being provided in the FY 22-23 Major Streets &
Highways Road Construction Land Improvements Account 202-451.4515-
971.9740 after review and approval of the documents as to form by the City
Attorney’s office.
Motion passed.
Item C. Authorization to Purchase V-Box Salt Spreaders for Streets & Highway Division
The Motor Pool Division is requesting authorization to purchase two (2) electric v-box salt
spreaders for the Streets & Highways Division from Truck & Trailer Specialties of Howell,
Michigan. These spreaders will replace (2) 15-year-old spreaders. These purchases, upon approval
would be made through the City of Rochester Hills cooperative contract. Utilizing cooperative
contracts provides the city with the most advantageous pricing.
The purchase of these spreaders will benefit the city in the following ways: they are
environmentally friendly as they don’t utilize fuel, they are easier to operate promoting efficiency,
and fewer malfunctions are anticipated with the elimination of the gas-powered engine. The old
spreaders will be placed in the auction.
Total expenditures for this purchase are $14,770.00, where two (2) spreaders are a cost of
$7,385.00.00 each. Funds are available in the FY 22-23 Motor Pool Equipment Purchase account
661-000.0000-148.1630.
2022.341 Motion by Banks; Supported by Brightwell
REGULAR MEETING 8 NOVEMBER 1, 2022
RESOLVED: That Council does hereby authorize the Motor Pool Division to
purchase two (2) electric v-box salt spreaders from Truck & Trailer Specialties of
Howell, Michigan for the Streets & Highways Division at a cost of $7,385.00 each
for a total expenditure of $14,770.00, this purchase is authorized to be made without
competitive bidding in accordance with Chapter 8, Section 1.279 (3) of the City’s
“Code of Ordinances” …by contracting with or through another unit of
government, “namely the City of Rochester Hills cooperative contract with funds
from the FY 22-23 Motor Pool Equipment Purchase account 661-000.0000-
148.1630.
Motion passed.
Item D. Authorization to Purchase Electric Vehicles for Parking Enforcement
Tyrice Beeks, Director of Code Enforcement, requested authorization to purchase electric vehicles
for Parking Enforcement. Code Enforcement assumed responsibility for Parking Enforcement in
April 2010. The department’s fleet consists of four (4) retired police vehicles that have been in use
for 10 to 12 years, have high mileage, and are nearing life expectancy. The purchase of new electric
vehicles will increase program efficiency by providing fully functional equipment, increasing cost
efficiency, and protecting the environment. Code Enforcement is requesting authorization to
purchase four (4) 2023 Chevrolet Bolt EUV LTs at the competitive price of $29,153.00 per vehicle.
These vehicles are replacements for vehicles that have met or are nearing normal life expectancy
or are beyond repair. The replacements are not take-home vehicles.
Total expenditures are not expected to exceed $116,612.00. Each vehicle will be equipped with
safety features such as automatic emergency braking, a lane-keeping system, cross- traffic alert,
and a rear backup camera. Funding is available in the Motor Pool Vehicle Account 661-000.0000-
148.1641.
2022.342 Motion by Brightwell; Supported by Mandelbaum
BE IT RESOLVED: That Council does hereby authorize the purchase of four (4)
Chevrolet Bolt EUV LT vehicles from Berger Chevrolet of Grand Rapids, Michigan
for $29,153.00 each totaling $116,612.00, this recommendation is being made
without competitive bidding in accordance with Chapter 8, Section 1.279 (3) of the
City’s Code of Ordinances “by contracting with or through another unit of
government,” namely the MI Deal Cooperative Contract with funding from the
Motor Pool Vehicle Account 661-000.0000-148.1641.
Motion passed.
Next on the agenda was Council Portion. Council gave announcements and closing remarks.
REGULAR MEETING 9 NOVEMBER 1, 2022
Council gave general remarks about upcoming events.
Next on the agenda was City Attorney Portion.
Item A. Proposed Ice Chest Moratorium
The Southfield Zoning Ordinance was amended in December 2018(Ordinance 1699). The
ordinance states that there shall be no outside storage or display of any kind except for the display
of new merchandise related to the primary use of a gasoline station for retail sale during the hours
of operation of the gasoline station. The amendment was enacted in part due to gas stations with
outdoor ice chests blocking Americans with Disabilities Act compliant (ADA) barrier-free
routes/ramps.
Since the enactment of Ordinance 1699, discussions and inquiries have been made about gas
stations who have not removed the ice chest in violation of the zoning ordinance.
This matter has been referred to the City Attorney’s office. Therefore, additional time is needed
to review and assist both the Planning and Code Enforcement departments in determining
appropriate and possible ordinance amendments that will be in harmony with the intent and
purpose of current zoning ordinance.
Therefore, it is recommended that the attached resolution be adopted for 6-month moratorium on
enforcement of outside display of ice chests located at gas stations while the City investigates
additional regulations.
2022.343 Motion by Mandelbaum; Supported by Banks
RESOLVED, THAT, a moratorium with regard to the study of the impact that
outdoor ice chests have on the City, be adopted for 180 days.
WHEREAS, pursuant to the Zoning Ordinance, outside storage or display of any
kind except for the display of new merchandise related to the primary use of a
gasoline station for retail sale during the hours of operation of the gasoline station
was not permitted; and
WHEREAS, the Southfield Zoning Ordinance was amended in 2018 to address
violations related to outside storage or display at retail sale at local gasoline station;
and
WHEREAS, after enactment of the amendment no new outdoor ice chests were
permitted, and all existing ice chests were required to be removed within a specified
time period; and
WHEREAS, there is a request to review the issue of enforcement related to those
REGULAR MEETING 10 NOVEMBER 1, 2022
gasoline stations who have not removed their outdoor ice chests; and
WHEREAS, it is necessary to study this issue in order to determine if there are
possible ordinance amendments that can address the requests of the Southfield
business community as well as the needs of the entire Southfield Community in
conjunction with the goals and purposes of Southfield Zoning ordinance.
NOW THEREFORE, BE IT RESOLVED, that during the course of the Planning
Department and Legal Department’s research and study as to the appropriate zoning
regulations for outdoor ice chests located at gas stations, that a moratorium is
hereby declared, effective immediately, for a period of 180 days from November 1,
2022
Motion passed.
Item B. Resolution for Designating Local Registrar.
2022.344 Motion by Banks; Supported by Mandelbaum
WHEREAS, at the Public Act 368 of 1978, the Michigan Public Health Code,
MCL 333. 333.2803 et. seq. states that City clerks in a city with a population of
40,000 or more are responsible for recording and transmitting birth and death
certificates, commonly known as vital records;
WHEREAS, Public Act 368 of 1978, the Michigan Public Health Code, MCL 333.
333.2804 defines a local registrar as the county clerk or the clerk's deputy, or in the
case of a city having a population of 40,000 or more, the city clerk or city
department designated by the governing body of the city;
WHEREAS, under Public Act 368 of 1978, the Michigan Public Health Code,
MCL 333. 333.2804 a local registrar’s duties include recording and transmitting
vital records and issuing certified copies of vital records documents on file;
WHEREAS, the City of Southfield has a population of 40, 000 or more and due to
the importance of issuing vital records, it is respectfully recommended that the
Southfield City Clerk’s Office, a city department, be designated as the local
registrar;
NOW, THEREFORE BE IT RESOLVED, that the SOUTHFIELD City Council
hereby designates the City Clerk’s office as the local registrar pursuant to the Public
Act 368 of 1978, the Michigan Public Health Code, MCL 333. 333.2804
RESOLVED: Southfield City Council hereby designates the City Clerk’s
Office as a local registrar, pursuant to Public Act 368 of 1978 of the
Michigan Public Health Code.
REGULAR MEETING 11 NOVEMBER 1, 2022
Motion passed.
Last on the agenda was a Closed Session for Discussion of Performance Evaluation
2022.345 Moved by Mandelbaum; Supported by Banks
RESOLVED: That Council adjourned to a closed session for Discussion of
Performance Evaluation.
A roll call vote was taken.
AYES: Banks, Brightwell, Mandelbaum, Hoskins, Taylor
NAYS: None
ABSENT: Crews, Frasier
Motion passed.
2022.346 Motion by Banks; Supported by Brightwell
RESOLVED: That Council does hereby reconvene into open session.
A roll call vote was taken.
AYES: Banks, Brightwell, Mandelbaum, Hoskins, Taylor
NAYES: None
ABSENT: Crews, Frasier
Motion passed.
There being no further business, the Regular Meeting adjourned at 9:40 p.m. until the next Regular
Meeting scheduled for Monday, November 14, 2022 at 6:00 p.m.
_____________________________ _____________________________
Council President Linnie Taylor Nicole Humphries, Deputy City Clerk
/llt