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HomeMy WebLinkAboutInterlocal Agreements - 2022.10.20 - 38049 Page 1 of 9 ROSE TOWNSHIP REGULAR BOARD MEETING December 14, 2022 December 14, 2022 – REGULAR MEETING ROSE TOWNSHIP BOARD OF TRUSTEES DATE: Wednesday, December 14, 2022 TIME: 7:00 p.m. PLACE: 9080 Mason St, Holly, MI 48442 PRESENT: Paul Gambka, Treasurer Patricia Walls, Trustee Debbie Miller, Clerk Dianne Scheib-Snider, Supervisor Glen Noble, Trustee OTHER (S) PRESENT: Renee Kraft, Recording Secretary OTHERS: Roger Plue, Paul Englehart, Dan Johnson, Willard Love, Mark Bolan, F. Wadenstorer, Matt Weil, Debra Bourdeau, Jim Holton, Derik Jewell, Jacqueline Stenzel, Ron Goovert, Kathi Goovert, Linda Watson-Call, Jeremy Lintz, Jim and Rochelle Flake, Agnes Meisch, Tom Wirth, Jim Holton, Sr., Gisela Lendle King, Doug Smith, Julius Stern, Warren Hardie CALL TO ORDER: Supervisor Scheib-Snider called the meeting to order at 7:01 p.m. PLEDGE OF ALLEGIANCE: Motion by Supervisor Scheib-Snider to excuse Trustee Noble. Seconded by Trustee Walls. All said Aye. VOTE: YES: Walls, Gambka, Miller, Scheib-Snider NO: None ABSENT/EXCUSED: Noble 1. Approval of Agenda: Add I. Interlocal Agreement-Designated Assessor between Oakland County and the Township of Rose Resolution for the Township Board. Add to F. letter from Clerk Miller regarding NOCFA Board. Motion by Supervisor Scheib-Snider to approve the agenda with changes. Seconded by Treasurer Gambka. VOTE: YES: Miller, Walls, Gambka, Scheib-Snider NO: None ABSENT/EXCUSED: Noble 2. Approval of Consent Agenda: HAYA report needs to be removed. Trustee Walls asked to have additions to the wording of the minutes. Motion by Trustee Walls to amend the motion of the November 9, 2022 regular meeting minutes of the Rose Township Board of Trustees, under 2. Approval of Consent Agenda, the motion by Trustee Walls to approve the consent agenda minus the minutes of October 12, 2022, seconded by Treasurer Gambka. And the other one is on page 3. Motion at the top of the page; Trustee Walls to approve the regular meeting minutes from October 12, 2022, Rose Township Board of Trustees with correction to 7E-Bills, to use second motion, adding the language of the second motion and noting that it was seconded by Clerk Miller, or seconded by Trustee Noble was the…is that how we corrected that? Because there are two seconds. Page 2 of 9 ROSE TOWNSHIP REGULAR BOARD MEETING December 14, 2022 (Clerk Miller explained it was Trustee Walls comment stated in the meeting). Seconded by Clerk Miller and then Glen seconded the motion. That’s very complicated when you do it that way. Well I know, that’s why I’m trying to straighten it out. And that’s my motion. Approval of the Consent Agenda with this motion. Seconded by Supervisor Scheib-Snider. VOTE: YES: Walls, Gambka, Scheib-Snider NO: Miller ABSENT/EXCUSED: Noble 3. Presentation: Audit Presentation- for FY ended June 30, 2022, Rana Emmons, CPA. Rose Township received a clean audit. Revenues are up. Largest review is property taxes: Up 4.6% from prior year, due to property values increasing. State share review was increased by 8.8%. Trustee Walls questioned if the notes on page 15 go over how we are doing with our procedures and policies (what we can do better)? Ms. Emmons stated this board is proactive when it comes to solving issues. Ms. Emmons thanked Clerk Miller for always being accommodating. Also thanked Treasurer Gambka, Supervisor Scheib-Snider and the deputies. 4. Brief Public Comments – Agenda items only: (limit comments to 3 minutes) Dan Johnson: Addressed the board: Questioned if the Trustee position would be filled at this meeting (Supervisor Scheib-Snider stated no). Regarding Trustee position-there are hiring policies. Rose Township should adopt a hiring policy and it should be posted in advance. All applicants should be background checked. A list of townships with hiring policies were given to the board. Linda Watson-Call Addressed the board: Praised Trustee Noble. Recommended Debbie Miller be put on NOCFA Board. Julius Stern: Addressed the board: Vacancies should be publicized. Debbie Miller has asked to be on the NOCFA Board and should be put there. Warren Hardie: Addressed the board: Paul resigned from the NOCFA Board then stayed. Questioned where his resignation letter was. Gisela Lendle King: Addressed the board: Praised Glen Noble. 5. Public Hearing: None 6. Unfinished Business: None 7. New Business: A. 2023 NoHaz Agreement and Resolution: Will probably do four events in 2023, rather than five. Motion by Treasurer Gambka to accept the NoHaz agreement and resolution for the 2023 season and give the Supervisor the authority to sign the agreement. Seconded by Trustee Walls. Page 3 of 9 ROSE TOWNSHIP REGULAR BOARD MEETING December 14, 2022 ROSE TOWNSHIP RESOLUTION 2022-15 THE NORTH OAKLAND HOUSEHOLD HAZARDOUS WASTE CONSORTIUM WHEREAS, the northern cities, villages, and townships in Oakland County are committed to protection of the natural environment and preventing toxic materials from entering our waterways and landfill resources; and WHEREAS, the improper handling and disposal of toxic and poisonous household chemicals also poses a health risk to our citizens; and WHEREAS, recognizing there is a need to provide regular and easily accessible household hazardous waste collection services to North Oakland County residents; and WHEREAS, collection events for household hazardous waste have become widely accepted as the best way to provide citizens with a safe method of disposal of these toxic and poisonous household chemicals, and for the communities to realize the economies of scale, and WHEREAS, Oakland County, through its Planning and Local Business Development Division, has joined these northern Oakland County communities in creating the North Oakland Household Hazardous Waste Consortium (NoHaz), and WHEREAS, the NoHaz Consortium has developed a household hazardous waste collection program, and WHEREAS, a NoHaz Interlocal Agreement has been drafted to address necessary legal, liability, and responsibility issues for both the County and the participating communities, and identifies Oakland County’s role in administering and managing the NoHaz program, and, WHEREAS, the NoHaz Interlocal agreement establishes a NoHaz advisory board to assist and advise Oakland County in the development of the NoHaz program. Now Therefore be it Resolved: That our community, Rose Township, hereby approves the attached NoHaz Interlocal Agreement and authorizes its signature, and Be it Further Resolved: That we will not charge residents to participate in NoHaz events in 2023, and Be it Further Resolved: That we hereby appoint Dianne Scheib-Snider as our official representative to the NoHaz Advisory Board, to work with the Oakland County Planning and Local Business Development Division as needed to plan the NoHaz program for 2023. VOTE: YES: Miller, Walls, Gambka, Scheib-Snider NO: None ABSENT/EXCUSED: Noble Page 4 of 9 ROSE TOWNSHIP REGULAR BOARD MEETING December 14, 2022 B. Board of Review Member Appointment Resolutions: A two-year term. Motion by Trustee Walls to adopt resolution 2022-xx appointing Agnes Miesch, James Holton Sr, and Kaye Thorsby to the Board of Review to serve a two-year term beginning January, 2023 and expiring December 2024. Seconded by Supervisor Scheib-Snider. ROSE TOWNSHIP RESOLUTION 2022-16 TO APPOINT MEMBERS TO BOARD OF REVIEW WHEREAS, members appointed to the Rose Township Board of Review are expiring at the end of December 2022, NOW THEREFORE BE IT RESOLVED, that the Rose Township Board of Trustees approves the appointment of Agnes Miesch, James Holton Sr., and Kaye Thorsby to the Board of Review to serve a (2 ) two-year term beginning in January 2023 and expiring at the end of December 2024. VOTE: YES: Walls, Gambka, Miller, Scheib-Snider NO: None ABSENT/EXCUSED: Noble Motion by Trustee Walls to adopt resolution 2022-xx to appoint Chester Koop as an alternate to the Board of Review to serve a two-year term expiring December 2024. Seconded by Treasurer Gambka. ROSE TOWNSHIP RESOLUTION 2022-17 TO APPOINT AN ALTERNATE MEMBER TO BOARD OF REVIEW WHEREAS, at times an appointment to the Rose Township Bo ard of Review for business or personal reasons cannot attend meetings as scheduled, WHEREAS, in order to have a quorum an alternate member may be called to fill an absent Board of Review members’ seat. NOW THEREFORE BE IT RESOLVED, that the Rose Township Board of Trustees approves the appointment of Chester Koop as an Alternate to the Board of Review to serve a two (2) year term expiring at the end of December 2024. VOTE: YES: Walls, Gambka, Miller, Scheib-Snider NO: None ABSENT/EXCUSED: Noble C. Planning Commission Member Appointment Resolution: Motion by Trustee Walls to adopt the Resolution 2022-xx to appoint to a member of the Planning Commission. We approve Jason Wayman and Michael Brooks to the planning commission to serve a three-year term beginning January 2023 and expiring at the end of December 2025. Seconded by Treasurer Gambka. Page 5 of 9 ROSE TOWNSHIP REGULAR BOARD MEETING December 14, 2022 ROSE TOWNSHIP RESOLUTION 2022-18 TO APPOINT A MEMBER OF PLANNING COMMISSION WHEREAS, appointments to the Rose Township Planning Commission will expire at the end of December 2022 and therefore need to be filled. NOW THEREFORE BE IT RESOLVED, that the Rose Township Board of Trustees approves the appointment of Jason Wayman and Michael Brooks to the Planning Commission to serve a three (3) year term beginning in January of 2023 and expiring at the end of December 2025 VOTE: YES: Gambka, Miller, Walls, Scheib-Snider NO: None ABSENT/EXCUSED: Noble D. Zoning Board of Appeals Appointment Resolution: Motion by Trustee Walls to adopt resolution 2022-xx to appoint a Zoning Board of Appeals member James Holton, Jr. for a three-year term beginning January 2023 and expiring at the end of December 2025. And Michael Brooks too. Seconded by Treasurer Gambka. ROSE TOWNSHIP RESOLUTION 2022-19 TO APPOINT MEMBERS TO ZONING BOARD OF APPEALS WHEREAS, appointments to the Rose Township Zoning Board of Appeals will soon expire at the end of December of 2022, and a vacant position needs to be filled, NOW THEREFORE BE IT RESOLVED, that the Rose Township Board of Trustees approves the appointment of Michael Brooks and James Holton Jr. to the Zoning Board of Appeals to serve a (3) three - year term beginning in January of 2023 and expiring at the end of December, 2025. VOTE: YES: Miller, Walls, Gambka, Scheib-Snider NO: None ABSENT/EXCUSED: Noble E. Resignation letter from Trustee Noble: Supervisor Scheib-Snider read Trustee Noble’s resignation letter. The Board praised Trustee Noble for his service. Appointments will be needed for Trustee, the Fire Board and the Planning Commission. Motion by Supervisor Scheib-Snider to accept Trustee Noble’s resignation letter effective December 15, 2022. Seconded by Trustee Walls. VOTE: YES: Walls, Gambka, Miller, Scheib-Snider NO: None ABSENT/EXCUSED: Noble F. Discussion to Fill Trustee Position: Supervisor Scheib-Snider stated the Board has 45 days to fill the Trustee position. Must be a qualified elector and live in Rose Township for at least 30 days. Trustee Noble’s salary continues until the position is filled The Trustee salary continues for the person who fills the Trustee position. Stated we should put an advertisement on the website and in the paper, requesting Page 6 of 9 ROSE TOWNSHIP REGULAR BOARD MEETING December 14, 2022 applications of qualified residents. Clerk Miller suggested a special meeting to give the residents more time to get their resumes/letter of intent in. Supervisor Scheib-Snider stated a second meeting on January 18, 2023 at 7:00 pm with resumes needing to be turned in January 11, 2023. Have two advertisements before the meeting. Clerk Miller read her letter in the agenda packet. Motion by Supervisor Scheib-Snider to appoint Clerk Miller to the NOCFA Board to fulfill the term ending 2024. Seconded by Trustee Gambka. VOTE: YES: Gambka, Miller, Walls, Scheib-Snider NO: None ABSENT/EXCUSED: Noble G. Resolution to Adopt 2023 Park and Recreation Plan: Supervisor Scheib-Snider stated this is a request from the Planning Commissioners, after they held a public hearing. Grants like to see references. Funds will come out of General Fund to maintain the ADA compliance. No ARPA funds will be used. No increases in taxes. Motion by Supervisor Scheib-Snider to adopt the 2023 Parks and Recreation Plan for Rose Township. Seconded by Clerk Miller. ROSE TOWNSHIP BOARD OF TRUSTEES 2022-20 Resolution of Adoption 2023 Parks and Recreation Plan (December 14, 2022) WHEREAS, the Township initiated a planning process to review the Parks and Recreation Plan every 5 years; and WHEREAS, the Plan includes inventories and surveys of the existing recreation resources and assesses future needs for recreational facilities and services; and WHEREAS, the required period of public comment on the draft Parks and Recreation Plan has expired WHEREAS, the Rose Township Parks and Recreation Plan has been completed and a public hearing held before the Township Planning Commission on December 1, 2022 to hear comments from the public; and WHEREAS, the Planning Commission reviewed the Parks and Recreation Plan and passed unanimously endorsing the Plan and recommending adoption by the Township Board at their meeting on December 1, 2022. NOW, THEREFORE, BE IT RESOLVED, that the Township Board does hereby adopt the 2023 Parks and Recreation Plan. VOTE: YES: Miller, Walls, Gambka, Scheib-Snider NO: None ABSENT/EXCUSED: Noble Page 7 of 9 ROSE TOWNSHIP REGULAR BOARD MEETING December 14, 2022 H. Resolution to Reaffirm current Master Plan: The Commission decided there were no necessary changes needed to the Master Plan. Motion by Clerk Miller to adopt the current Master Plan. Seconded by Treasurer Gambka. ROSE TOWNSHIP BOARD OF TRUSTEES 2022-21 RESOLUTION TO REAFFIRM CURRENT MASTER PLAN WHEREAS, In accordance with the Michigan Planning Enabling Act, states that the Planning Commission and Township Board shall make and approve a Master Plan as a guide for development within the planning jurisdiction; and, WHEREAS, development of a future plan for land use within Rose Township is pivotal in accommodating development in an organized manner while retaining its unique characteristics and protecting fragile natural resources; and WHEREAS, the Planning Commission reviewed and discussed the current Plan and reviewed current data in regards to Plan; and WHEREAS, the Rose Township Planning Commission Master Plan, dated 2018, that contains recommendations for management of zoning, natural features, farmland, transportation, and recreation which can be supported by the community infrastructure, public services and natural environment. The Master Plan prescribes locations for future residential, commercial and industrial development, strategies for reinvestment in the Rose Center/Hickory Ridge area, recommendations for management of natural resources and recommendations for the provision of public services, which includes maps, charts, tables and text to support and describe recommendations and implementation strategies; and WHEREAS, Section 45(2) of Public Act 33 of 2008 states that at least every 5 years after adoption of a master plan, the Planning Commission and Township Board shall review the master plan and determine whether to commence the procedure to amend the master plan, adopt a new master plan or find existing Plan is current and not in need of update or amendments. The review and its findings shall be recorded in the minutes of the relevant meeting or meetings of the Planning Commission and Township Board; and NOW THEREFORE, BE IT RESOLVED, that the Rose Township Board hereby reaffirm current Master Plan, dated 2018, adopt the Master Plan by resolution in accordance with Section 45(2) of Michigan Public Act 33 of 2008, Michigan Planning Enabling Act. VOTE: YES: Walls, Gambka, Miller, Scheib-Snider NO: None ABSENT/EXCUSED: Noble I. Interlocal Agreement: Designated Assessor between Oakland County and the Township of Rose Resolution for the Township Board: Period January 1, 2023 through December 31, 2027. Motion by Treasurer Gambka to accept the resolution for the Interlocal Agreement for Oakland County Assessors and to give the supervisor permission to sign the agreement. Seconded by Trustee Walls. Page 8 of 9 ROSE TOWNSHIP REGULAR BOARD MEETING December 14, 2022 ROSE TOWNSHIP RESOLUTION 2022-22 INTERLOCAL AGREEMENT - DESIGNATED ASSESSOR BETWEEN OAKLAND COUNTY AND THE TOWNSHIP OF ROSE RESOLUTION FOR THE TOWNSHIP BOARD DECEMBER 14, 2022 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 Rose Township Board of Trustees enters into an Interlocal Agreement with the County of Oakland appointing Equalization Director Michael Lohmeier as the Designated Assessor for Oakland County. I, Debbie Miller, the duly appointed Township Clerk of Rose, County of Oakland, State of Michigan, do hereby certify that the foregoing resolution was adopted by the Township Board of Trustees at their December 14, 2022, Regular Board Meeting. Dated: December 20, 2022 VOTE: YES: Walls, Gambka, Miller, Scheib-Snider NO: None ABSENT/EXCUSED: Noble 8. Announcements: A. Planning Commission Meeting: January 05, 2023 at 7:00 p.m. B. Zoning Board of Appeals Meeting: January 03, 2023 at 7:00 p.m. C. N.O.C.F.A. Board Meeting: December 19, 2022 at 7:00 p.m. Rose Township Offices. D. Assessing Office: M-F, 9:00 a.m.-5:00 p.m. 248-858-2179, doyler@oakgov.com E. Township Board Regular Meeting: January 11, 2023 at 7:00 p.m. F. Visit with Santa: Saturday, December 17, 2022 2:00-6:00 pm at the Rose Township Offices. Page 9 of 9 ROSE TOWNSHIP REGULAR BOARD MEETING December 14, 2022 9. Miscellaneous Reports: A. N.O.C.F.A.: Treasurer Gambka stated there were items presented, but most were put on hold because Chief Lintz was on vacation. B. Planning Commission: None. C. HAYA: Trustee Walls stated they already did their toy drive. D. Cemetery Committee: Clerk Miller stated the signs were delivered but can’t be installed until spring. Elections: after several meetings, we still don’t know how things will work out with the passing of proposal 22-2. E. Zoning Board of Appeals: Treasurer Gambka stated there was one case that was tabled until January because only three out of five board members were there. F. Parks and Recreation: Supervisor Scheib-Snider stated they will be doing winter mowing with no charge. Parks will be closed while removing autumn olive. Paths have been mowed. Will probably put in native trees and plants. G. Heritage Committee: Supervisor Scheib-Snider stated they will discuss some walks, one possibly being at Rose Oaks. H. Supervisor Report: Supervisor Scheib-Snider stated Milford Road was closed on Friday. Not happy they haven’t taken down the detour signs. The train stopped in Holly yesterday, blocking the road for one and one-half hours. Also blocking Holly Shores subdivision. The school bus let the kids out of the bus. The children getting out of the bus chose to cross under the train to get home, so then the police had to check the whole train before it could take off again. Holly Shores needs an emergency egress. Transit millage passed. She will be meeting with other municipalities to discuss how much funding they will get. Rose Township opposed the millage the most at 23.9 % approval. 10. Brief Public Comments: (limit comments to 3 minutes) Mark Bolan: Addressed the board: Hopes the board has the integrity not to discuss the candidates before the meeting. Gisela Lendle King: Addressed the board: Disappointed about the Master Plan update. Suggested some of the funds go to green infrastructure. We need to understand what the impact is on the streams and rivers. Parks and Recreation Plan- Speed limit needs to be reduced. 11. Adjournment: 8:46pm Approved/Corrected 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 9, 2023 18:58 EST)Feb 9, 2023 JoAnn Stringfellow (Feb 10, 2023 08:43 EST)Feb 10, 2023 Micheal Lohmeier (Feb 13, 2023 12:14 EST) Micheal Lohmeier Feb 13, 2023 March 13, 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 Township of Rose, 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 Debbie Miller, Clerk, Township of Rose Kimberly Hampton, Technical Specialist, Equalization Division Enclosures