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HomeMy WebLinkAboutInterlocal Agreements - 2022.10.20 - 38047NOVEMBER 21,2022 REGULAR CITY COUNC AUDIENCE INPUT 8;ELECTED OFFICIALS C CITY OF ORCHARD LAKE VILLAGE MINUTES OF THE REGULAR CITY COUNCIL AND ZONINGBOARD OF APPEALS MEETING December 19,2022 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 McCal|um administered roll call for attendance. COUNCIL PRESENT:Mayor Finkelstein,Mayor Pro Tem Mclntyre,Councilmembers Sonneville,Majcher,Leeb &Kroger ABSENT:Councilmember Sullivan A MOTION WAS OFFERED BY COUNCILMEMBERMAJCHER AND SECONDED BY MAYOR PRO TEM MCINTYRE TO EXCUSE COUNCILMEMBER SULLIVAN FROM TONIGHT’SMEETING MOTIONCARRIED6-0 STAFF:Director of City Services Gerry McCa||um,Police Chief Vl?lliamNicholson,City Attorney Peter Gojcaj,and City Clerk/Treasurer Rhonda McClellan CITIZENS,VOLUNTEERS,PETITIONERS:Zef Palokaj,Rob Donovic &Leon Pedell IL MEETING MINUTES Councilmember Sonneville stated that she opposed the Mendelson appeal and that part of the minutes will need to be updated to 5-2. A MOTION WAS OFFERED BY COUNCILMEMBERMAJCHER AND SECONDED BY COUNCILMEMBERLEEB TO APPROVE THE NOVEMBER 21,2022 REGULAR CIT YCOUNCILMEETINGMINUTESWITHCORRECTIONS MOTION CARRIED 6-0 NOVEMBER 21.2022 CLOSED COUNCIL MEETING MINUTES A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED BY COUNCILMEMBER MAJCHER TO APPROVE THE NOVEMBER 21,2022 CLOSED COUNCIL MEETING MINUTES MOTION CARRIED 6-0 OMMENTS At 7:03 p.m.Mayor Finkelstein allowed for any audience input and elected of?cials’comments. NT,,_,,,,,_ BUILDING DEPT.MONTHLYREPORT None. At 7:04 p.m.Mayor Finkelstein asked to proceed to the Department Reports. DEPARTME REPORTS POLICE DEPT.MONTHLY REPORT Chief Nicholson reported for the month of November there were 73 calls for service,8 of them were criminal complaints,9 crash reports and 82 traffic violations issued.Chief Nicholson also informed City Council that Lt.Banks will be retiring after 22 years of service.Sgt.Gomez will be taking over his position. DEPT.OF PUBLIC WORKS MONTHLYREPORT Director of City Services McCallum stated for the month of November there were a lot of hours used for equipment maintenance due to the snow and also keeping up with the police vehicles Director of City Services McCallum explained for the month November there was one single family home permit issued on Elmgate Bay that was for a 30+year old vacant home.He also noted that his inspections were down thanks to Dan Pratt taking over most of the daily inspections including closing out older permits EMPLOYEES REPORTS Director of City Services McCallum presented the November 2022 Employees Report PLANNING COMMISSION MONTHLY REPORT Director of City Services McCallum stated at the December 6"‘Planning Commission meeting, the commission held a Public Hearing on the proposed changes to zoning ordinance article XVII,section 17.04 (c)(7)relative to commercial building design guidelines.After the Public Hearing the commission recommended sending it to City Council for first reading.Director McCallum also explained that the Planning Commission discussed the upcoming review of the city’s master plan,which is required every 5 years per the zoning enabling act.The commission decided to review 3 chapters each meeting.After the entire document has been reviewed,the commission willsend it to the City Planner for any changes or editing that is needed. A MOTION WAS OFFERED BY COUNCILMEMBER KROGER AND SECONDED BY COUNCILMEMBER MAJCHER TO ACCEPT THE NOVEMBER 2022 DEPARTMENT REPORTS MOTION CARRIED 6-0 FINANCIAL REVIEW ACCTS PAYABLEICASH DISBURSEMENTS8:FINANCIAL STATEMENTS ZONING BOARD OF APPEALS A MOTION WAS OFFERED BY COUNCILMEMBERMAJCHER AND SECONDED BY COUNCILMEMBERKROGER TO ACCEPT THE ACCOUNTS PAYABLEICASH DISBURSEMENTSAND FINANCIAL STATEMENTS ROLL CALL VOTE TO ACCEPT THE ACCOUNTS PAYABLEICASH DISBURSEMENTS&FINANCIAL STATEMENTS MOTION CARRIED 6-0:AYE BY ROLL CALL:ALL NAY:NONE. ABSENT:COUNCILMEMBER SULLIVAN At 8:07 p.m.Mayor Finkelstein asked to proceed to the Zoning Board of Appeals. A MOTION WAS OFFERED BY COUNCILMEMBERMAJCHER AND SUPPORTED BY MAYOR FINKELSTEIN TO RECESS FOR THE PURPOSE OF HEARING CASES AS THE ZONINGBOARD OF APPEALS MOTION CARRIED 6-0 Mayor Finkelstein asked for a motion to approve the November 21,2022 meeting minutes. A MOTIONWAS OFFERED BY COUNCILMEMBERMAJCHER AND SUPPORTED BY COUNCILMEMBER KROGER TO APPROVE THE NOVEMBER 21 ,2022 MEETING MINUTES MOTION CARRIED 6-0 At 8:08 p.m.Mayor Finkelstein asked to adjourn the Zoning Board of Appeals. A MOTIONWAS OFFERED BY COUNCILMEMBERMAJCHER AND SECONDED B YMAYORFINKELSTEINTOADJOURNTHEZONINGBOARDOFAPPEALSAND RESUME THE CITY COUNCILMEETING MOTIONCARRIED 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 wil lbenoseparatediscussionoftheitemsunlessaCouncilMemberorcitizensorequests, in which event the item will be removed from the consent agenda and considered after approval of the consent agenda A)Participation contract agreement approval for the 2023 household hazardous waste/shredding event B)Re-appointment to the board of review DOW LAKE SPECIAL ASSESSMENT DISTRICTREPORT TO CITY COUNCIL 4170 ORCHARD LAKE RD [VILLAGE PALACE]—NEW CLASS C (ON- PREMISES)LIQUOR LICENSE APPROV C)General business license approval for Orchard Lake Schools rowing regatta D)Committee membership appointments A MOTION WAS OFFERED BY MAYOR FINKELSTEIN AND SECONDED BY COUNCILMEMBERMAJCHER TO APPROVE ALL CONSENT ITEMS MOTION CARRIED 6-0 2. Dr.Leon Pedell,resident at 4431 Dow Ridge,explained there are only 6 parcels that would have this special assessment.The special assessment on properties with frontag.e on or access to Dow Lake within the City of Orchard Lake are proposed to cover the cost of the following each year of the proposed 5-year SAD. Application for Michigan Department of Natural Resources (EGLE)permit for applying herbicides in the waters of Dow Lake within the City of Orchard Lake,estimated cost to be $459 per year. Herbicide invasive weeds in the water of Dow Lake within the City of Orchard Lake, estimated cost to be $3,341 per year. Employing goose control measures for protection of the water quality estimated cost of $300 per year. Administrative expenses associated with contract administration estimated cost of $100 peryean The total assessment $21,000 would be assessed over a 5-year period,$4,200 each year,with a'$7'00 annual assessment for the six lakefront property owners. Dr.Leon Pedell stated that the company that will be completing this job has a three years minimum guarantee even if the acreage was expanded.Director McCallum explained that the SAD will be on the Summer 2023 taxes once its completed. A MOTION WAS OFFERED BY COUNCILMEMBERMAJCHER AND SECONDED BY COUNCILMEMBER KROGER TO APPROVE MOVING FORWARD TO A PUBLIC HEARING OF NECESSITY IN FEBRUARY 2023 FOR THE DOW LAKE SPECIAL ASSESSMENT DISTRICT MOTIONCARRIED 6-0 AL Director McCallum explainedthat we received correspondence from the State.of Michigan,Department of Licensing and Regulatory Affairs regarding a request for a FIRST READING AMENDMENTSTO THE CITY ZONING ORDINANCENO. 14.01,ARTICLE XVII,SECTION 17.04(C|_(7|,COMMERCIAL BUILDING DESIGN class C liquor license for the Village Palace at 4170 Orchard Lake Rd.City Council is to decide if they wish to submit an opinion on this matter or not.The owners/operators of the current.Village Palace,are.p.ropos.ing a higher-end.restaurant for this location that will serve liquor. Rob Donovic &Zef Palokaj,partners of Village Palace Restaurant,wanted to introduce themselves and ask City Council if they may have any questions or concerns.They also explained that they want to open this restaurant as a high-end establishment for dinners only.They would like to open around 4:00pm —11:00pm and would like to have outdoor covered seating on two levels. Director McCa||um stated that the only thing City Council can do right now is voice their opinion on whether or not they wish to have or not have this liquor license approved. This will be submitted to the State of Michigan if there are any concerns. A MOTION WAS OFFERED BY COUNCILMEMBERMAJCHER AND SECONDED BY COUNCILMEMBER SONNEVILLE TO APPROVE NEW CLASS C (ON-PREMISES)LIQUOR LICENSE FOR THE VILLAGE PALACE LOCATED AT 4170 ORCHARD LAKE RD MOTION CARRIED 6-0 4. GUIDELINES Director McCa||um stated that the Planning Commission held a Public Hearing at their December 6”‘meeting on this ordinance amendment with no public comment.The proposed amendments to this portion of the zoning ordinance have been discussed over the last several months with input from the City Planner,Vidya Krishnan from McKenna. Councilmember Sonneville questioned the landscaping,section 7,items B &C.She stated that currently none of our commercial properties have this in effect so why is it in our ordinance?Director McCallum explained that the current commercial properties will be grandfathered in and any new builds/renovations will have to obtain by the new ordinances.Councilmember Sonneville also questioned section 17.02,de?nitions,item traditional and also item number 7,deviation from the design guidelines.Councilmember Sonneville is not happy with the updates and would like our City Planner to look into this more and update with red lines to see all changes that were made.She does not want to see a 3-foot-tall brick wall throughout the commercial properties due to a safety hazard and cosmetic view. Councilmember Majcher asked why we even have a zoning ordinance for commercial buildings.Director McCallum explained that we have this ordinance so Orchard Lake has a certain proper look and feel for a commercial district as do other jurisdictions. NTY EQUALIZATION INTE PUBLICLY FUNDED HEALTH INSURANCE CONTRIBUTIONACT CONSTR-,,,,,,,,_-,,, ROLL CALL VOTE FOR CLOSED MEETTNG Director McCa||um stated it may be best to postpone action on this for now and at the next months meeting a red lined version of the ordinance can be presented to City Council showing.all.of the proposed changes. A MOTIONWAS OFFERED BY COUNCILMEMBERKROGER AND SECONDED BY COUNCILMEMBER MAJCHER TO POSTPONE THE FIRST READING AMENDMENTSTO THE CITY ZONING ORDINANCETO THE JANUARY 17,2023 MEETING MOTIONCARRIED 6-0 5.OAKLAND COU RLOCAL AGREEMENT RESOLUTION APPROVAL A MOTION WAS OFFERED BY MAYOR FINKELSTEIN AND SECONDED BY COUNCILMEMBERMAJCHER TO APPROVE THE OAKLAND COUNTY EQUALIZATIONINTERLOCAL AGREEMENT RESOLUTION MOTION CARRIED 6-0 6. RESOLUTIONAPPROVAL A MOTIONWAS OFFERED BY COUNCILMEMBER KROGER AND SECONDED BY COUNCILMEMBER MAJCHER TO APPROVE THE PUBLICLY FUNDED HEALTH INSURANCE CONTRIBUTIONACT RESOLUTION MOTION CARRIED 6-0 7 CITY HALL.UCTION MANAGEMENT COMMITTEE UPDATE Mayor Finkelstein stated that Tower Construction will be providing alternative pricing for the parking lot lighting.The committee also discussed electric vehicle charging stations and have agreed to prep not only the exterior parking area,but also the police department garage for future installation of chargers.The committee also discussed future roof mounted solar panels mainly on the DPW garage,but have decided to hold off on it at this time.Director McCa||um stated that the next Construction Management Committee is scheduled for January 5,2023. 8.COUNCIL REPORTS None. A MOTION WAS OFFERED BY MAYOR FINKELSTEIN AND SUPPORTED BY COUNCILMEMBERMAJCHER TO GO INTO CLOSED SESSION REGARDING STRATEGY AND NEGOTIATIONSESSION CONNECTED WITH THE NEGOTIATIO NOFACOLLECTIVEBARGAININGAGREEMENTOFTHEGOVERNMENTAL OPEN SESSION RESUMED AT 8:05 P.M. EMPLOYEES LABOR COUNCIL (GELC)UNION,PURSUANT TO SECTION 8(C)OF THE OPEN MEETINGS ACT. ROLL CALL VOTE FOR CLOSED MEETING PURSUANT TO SECTION MCL 15.268, SECTION 8 (C)OF THE OPEN MEETINGS ACT RESPECTIVELY: MOTION CARRIED 6-0:AYE BY ROLL CALL:ALL.NAY:NONE ABSENT:COUNCILMEMBERSULLIVAN RECESSED TO CLOSED SESSION AT 7:55 P.M. A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED BY COUNCILMEMBERKROGER TO APPROVE THE TENTATIVE AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT WITH THE GOVERNMENTA LEMPLOYEESLABORCOUNCIL(GELC)UNION. MOTIONED CARRIED 6-0:AYE BY ROLL CALL:ALL NAY:NONE. ABSENT:COUNCILMEMBERSULLIVAN ADJOURNMENT THERE BEING NO FURTHER BUSINESS,COUNCILMEMBERKROGER MOTIONE DTOADJOURNTHEMEETINGAT8:06 PM.COUNCILMEMBER SONNEVILL ESECONDEDTHEMOTION. MOTION CARRIED 6-0 Norm Finkelstein Rhonda McClellan Mayor City Clerk DH 01/10/2023 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 David T. Woodward (Feb 13, 2023 11:31 EST)Feb 13, 2023 JoAnn Stringfellow (Feb 13, 2023 11:33 EST)Feb 13, 2023 Micheal Lohmeier (Feb 13, 2023 12:16 EST) Micheal Lohmeier Feb 13, 2023 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 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