HomeMy WebLinkAboutInterlocal Agreements - 2022.10.20 - 38060
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
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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
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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
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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
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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
THE REGULAR MEETING OF THE THIRTY-NINTH COUNCIL OF THE CITY OF BERKLEY, MICHIGAN
WAS CALLED TO ORDER AT 7:00 PM ON MONDAY, DECEMBER 5, 2022 BY MAYOR TERBRACK
ROLL CALL:
Councilmember Steve Baker Mayor Pro Tem Bridget Dean
Councilmember Ross Gavin Councilmember Dennis Hennen
Councilmember Natalie Price Councilmember Jessica Vilani
Mayor Daniel Terbrack
OTHER STAFF PRESENT:
City Manager Matthew Baumgarten
City Clerk Victoria Mitchell
City Attorney John Staran
DDA Executive Director Michael McGuinness
Community Development Director Kristen Kapelanski
Finance Director Mark Pollock
APPROVAL OF AMENDED AGENDA:
Councilmember Gavin moved to approve the Agenda, as amended, by removing Item 4 from the Consent
Agenda and moving it to Item 4 on the Regular Agenda and subsequently updating the remaining item
numbers.
Seconded by Councilmember Baker
Ayes: Dean, Gavin, Hennen, Price, Vilani, Baker, and Terbrack
Nays: None
Motion Approved.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT:
Jeff Tong, a Berkley resident, and member of the Berkley Historical Committee, addressed the Council and
stated there are new refrigerator magnets for sale at the Museum. There are six different images and they
are only $1 a piece or you can buy all six for $5. He discussed the upcoming 100-year anniversary of the
City and discussed future plans for celebrating this occasion with a new historical marker to be placed in
front of the village hall/fire station entrance. He said it will be placed on the Michigan Historic Register with
the unveiling on April 15th. He stated that Angell School and Pattengill School will be 100 years old they will
do the same celebration for them next year. He went on to discuss how Berkley has a great inventory of kit
homes and how they are working on a kit home tour that will take place in May. He also discussed and
showed an example of a home plaque that residents will be able to purchase to show when their homes
were built. He discussed the celebrations, banners, history books, and fireworks potential for next year and
even burying a time capsule.
Jack Blanchard, a Berkley resident, stated he has been helping with the American Legion and he wanted to
take some time to introduce Legion members to speak about things they are doing.
Bill Eisenhower, a Southfield resident, introduced himself and stated he is the commander of the Berkley
American Legion, saying that this Friday is the second PSO recognition dinner honoring PSO Michael
Bunting. Dinner is being catered by Berkley BBQ. He said he thinks it is important to honor Berkley’s Public
Safety Department and all that they do. He said he is privileged to be the commander. Coming up on
December 21-22 they will be putting together Christmas baskets for people in need.
Families will be referred and it’s a complete Christmas dinner. He said they will break into teams and deliver
the large containers of food. He said it is a warming opportunity for them to help out families.
Dale Hagland, a Berkley resident, stated he is the Senior Vice Commander of Sons of American Legion that
raises money for people – major sponsor for Veterans Returning Home, Berkley Cares Food Pantry, Royal
Oak Leprechauns, Judson Center, homeless veterans fund, Folds of Honor, Grace Centers of Hope, Fisher
House, Capuchin Food Kitchen, Leader Dogs, Divine Life Ministry, Kentucky American Legion, Berkley
Public Safety Lids for Kids and Golf Outing, Rogers Elementary Dads Club, Steelers, Care packages for
military, Crusaders for Children, Be the Match Bone Marrow, presents for kids, Sea Cadette, and more He
talked about the auxiliary group that is at their post and the Canadian and Southfield post are also at their
post.
Sean VanW armer, a Berkley resident, talked about Berkley BBQ. He said he is lucky to be a part of the
group mostly of Berkley residents. He discussed about the Loren Courts memorial fundraiser on October
8th (slain Detroit officer). He said the guys slept in the parking lot that cold night and literally cooked a ton
of food feeding 650 guests where they raised $35,000 for the officer’s wife.
Dr. Nat Pernick, a Huntington Woods resident, spoke about his General Election Voter Challenge – Berkley
finished in third place with 70.65 percent of voter turnout. He donated two checks made out to The Friends
of the Library and Friends of Parks and Recreation for $125 each. He encourages everyone to vote in all of
the communities and said the group generated ways to increase voter participation. He said he is happy to
help in any way possible and wants greater voter turnout with the goal for 2024 to reach 90 percent. He
would like each community to set up a voter participation committee.
CONSENT AGENDA:
Mayor Pro-Tem Dean moved to approve the following amended Consent Agenda
Seconded by Councilmember Vilani:
APPROVAL OF THE MINUTES: Matter of approving the minutes of the 39th Regular City Council meeting
on Monday, November 21, 2022.
ORDINANCE NO. O-06-22: Matter of considering the Second Reading and Adoption of an Ordinance to
amend Section 94-5, Exempt Signs (signs permitting in nonresidential districts), in Chapter 94 Signs of the
City of Berkley Code of Ordinances and Sections 138-32, 138-143, 138-222, 138-526, 138-527, 138-679
and 138-680 of Chapter 138 Zoning to implement the Downtown Design Guidelines.
ORDINANCE NO. O-07-22: Matter of considering the Second Reading and Adoption of an Ordinance to
amend Article VII, Residential Grading & Drainage Standards, to Chapter 26, Buildings and Building
Regulations of the City of Berkley Code of Ordinances to modify standards for residential grading and
drainage and to prescribe a penalty for violations.
Ayes: Gavin, Hennen, Price, Vilani, Baker, Dean, and Terbrack
Nays: None
Motion Approved.
REGULAR AGENDA:
RECOGNITIONS/PRESENTATIONS: Matter of any recognitions or presentations from the Consent
Agenda.
Mayor Terbrack stated there were none.
PRESENTATION: Matter of receiving a presentation from the Tree Board.
Kathy Karlis, Tree Board Chair, presented the Urban Tree Canopy Study’s main points:
• An Urban Tree Canopy (UTC) assesses how much of a defined geographic area is covered by
trees’ crowns.
• The objective of a UTC assessment is to help decision makers understand their urban forest
resources to establish canopy goals and to strategically focus tree planting efforts and resources.
• The UTC Study utilizing satellite data assesses the entire urban forest within a geographic area
and includes all private and public trees.
• Considering the cost and benefits, the Tree Board recommended that the City contract for this type
of study. The cost was estimated to be about $15,000-$20,000.
• The City approved adding $10,000 to the 2022-23 Budget, with the assumption that the City
receives matching funds from the State of Michigan Community Forest Grant.
• Then this summer, the Tree Board became aware of no cost tools (The Tree Equity and i-Tree
Landscape) publicly available to assess Berkley’s tree canopy. Therefore, this study was completed
by Tree Board volunteers and without cost to the City.
• The Tree Equity provides the basis for assessing the canopy cover.
• i-Tree Landscape provides additional detail to support tree benefits.
• Greater Detroit including the City of Berkley is a “Featured Place” in The Tree Equity Score.
• The Greater Detroit Tree Canopy data was provided to The Tree Equity by the University of
Vermont Spatial Analysis Lab utilizing 2016 data. This data is provided with 1-foot resolution,
allowing individual trees to be mapped.
• The UVM Spatial Analysis Lab is currently working with American Forests to update their study
utilizing 2022 data.
• Census Blocks are used to define the neighborhoods of Berkley.
• These Census blocks can be aligned with the City’s Section designation except for Section 3, where
St. Johns Woods is combines with Roseland Park Cemetery in Census Block “0001 .”
• Ms. Karlis was able to see how Berkley is doing compared to others and said that Ferndale is at
37 percent, etc. while Berkley is at 33 percent. The minutes should reflect that Ferndale is at 30
percent.
• Ms. Karlis discussed the many benefits of trees in the city from reduced carbon, redu ced
stormwater runoff, improve air quality and human health, reduce energy cost, improve property
value and beautify community, and protecting biodiversity.
Also, Ms. Karlis discussed the recommendations from the Urban Tree Canopy Study:
• A minimum 40% Tree Canopy Target be established for the City of Berkley and all its
neighborhoods.
• The Urban Tree Canopy percentage can be used as a guide to focus tree planting efforts and
resources.
• Efforts should be made to communicate to our community t he benefits of trees and achieving
greater urban tree canopy.
Ms. Karlis stated more information may be found on the Tree Board City page, and free trees for street
easements on the DPW forest subpage on the city’s website. She asked that the presentation is added to
one of those sites. They also have a Berkley Tree Board website where residents can find more information.
PRESENTATION: Matter of receiving candidate presentations for the City Council vacancy.
City Manager Baumgarten said there is a vacancy due to Councilmember Price recent election to the State
House. He summarized where we are in the process including the ad hoc subcommittee. He stated
categories the applications were measured by. He said in the sub-committee meeting, resumes were looked
at without deliberations. He said members’ forms were passed to him and he compiled the scores. He went
over the names and said Mr. Robinson pulled himself out of contention. He said there will be follow-up by
Council before December 19th.
Mayor Terbrack reminded everyone this is not an interview but an opportunity to allow for t he following
candidates to provide presentations and introductions to council in person and via zoom:
• Stacey Stevens – in person
• Erick McDonald – in person
• Michael Dooley – in person
• Maria Ward – in person
• Clarence Black – via zoom
Mayor Terbrack thanked the candidates for their presentations and said Council will have a difficult decision
ahead. He said Council members will probably reach out to have conversations with the potential candidates
to get a sense of their perspective. The goal is to have an appointment on the Dec. 19th City Council meeting
agenda.
ORDINANCE NO. O-08-22: Matter of considering the Second Reading and Adoption of an Ordinance to
amend Section 30-187, General Provisions and Section 30-188, Registration of Rental Properties in Chapter
30, Businesses of the City of Berkley Code of Ordinances to require registration and inspection of short -term
rentals of an entire structure.
Councilmember Vilani moved to approve Ordinance No. O-08-22
Seconded by Councilmember Hennen
Ayes: Hennen, Price, Vilani, Baker, Dean, Gavin, and Terbrack
Nays: None
Motion Approved.
MOTION NO. M-107-22: Matter of approving the partnership with DG Energy Company LLC, 42690
Woodward Ave Suite 360, Bloomfield Hills, MI 48304 to provide and install two (2) Level 2 EV chargers at
the Public Library at a cost not to exceed $49,169.00. In addition, allocate $5,000 for contingencies. Funds
for this expenditure will come from account 101-265-974-000.
Councilmember Baker moved to approve Motion No. M-107-22
Seconded by Councilmember Gavin
Ayes: Price, Vilani, Baker, Dean, Gavin, Hennen and Terbrack
Nays: None
Motion Approved.
PUBLIC HEARING: Matter of holding a Public Hearing regarding the Community Development Block Grant
Program Year 2023 application in the approximate amount of $35,012.
Mayor Terbrack declared the Public Hearing Open: 8:15 p.m.
No one present wishing to speak.
Mayor Terbrack declared the Public Hearing Closed: 8:16 p.m.
RESOLUTION NO. R-26-22: Matter of adopting the Resolution for the Community Development Block
Grant Program Year 2023 application in the approximate amount of $35,012 and requesting the Mayor and
City Manager to sign the application and submit it to the Oakland County CDBG Divis ion.
Councilmember Price moved to approve Resolution No. R-26-22
Seconded by Mayor Pro-Tem Dean
Ayes: Vilani, Baker, Dean, Gavin, Hennen, Price, and Terbrack
Nays: None
Motion Approved.
MOTION NO. M-108-22: Matter of considering an update to the City of Berkley’s Fund Balance Policy.
Councilmember Hennen moved to approve Motion No. M-108-22
Seconded by Councilmember Gavin
Ayes: Baker, Dean, Gavin, Hennen, Price, Vilani, and Terbrack
Nays: None
Motion Approved.
RESOLUTION NO. R-27-22: Matter of considering a resolution for temporary outdoor dining/seating and
outdoor sales and service areas and to allow temporary enclosures in the outdoor areas.
Mayor Pro-Tem Dean moved to approve Resolution No. R-27-22
Seconded by Councilmember Baker
PUBLIC COMMENT FOR RESOLUTION NO. R-27-22:
Katie Kutscher, former owner of Berkley Common, current owner of 3087 12 Mile, thinks it is important for
the vibrancy of the city and helps the difficult task of running a restaurant in this environment. She s aid it
has helped our business and other businesses keep going and there is full support. She said the current
owner is here too.
Ron Martella, owns the building across from Griffith street closure. He would like this open to all of the
business in the area. He said it was very nice to have that venue. He wants all of the businesses to have
this opportunity. He also wants to know how long this will extend. Griffith to the south is closed now. Could
we close Griffith to the north. We need to come up with a n equitable solution if all the streets start closing.
Considerable discussion followed from Council and administration.
Katie Kutscher, former owner of Berkley Common, said she tried to communicate with the city to see what
would be happening as she said it is very expensive to have a cold-weather seating situation. She said they
had to have this answer tonight to move forward with winter plans.
The former owner of Berkley common said they were asked to be on the agenda since August. They had to
sell the igloos, liquidate and reinvest and theirs are gone. He explained the investment and that it’s taken so
long and now they have lost the benefit of having structures. He commented on a $300 application fee and
said it takes a lot to operate a business outside. He said they are trying to add vibrancy to the city.
Ayes: Dean, Gavin, Hennen, Price, Vilani, Baker, and Terbrack
Nays: None
Motion Approved.
MOTION NO. M-109-22: Matter of authorizing the Mayor and City Manager to Enter into an Updated
Interlocal Agreement for Oakland County Designated Assessor.
Councilmember Gavin moved to approve Motion No. M-109-22
Seconded by Councilmember Baker
Ayes: Gavin, Hennen, Price, Vilani, Baker, Dean, and Terbrack
Nays: None
Motion Approved.
COMMUNICATIONS:
COUNCILMEMBER HENNEN:
• Thanked the Tree Board for the presentation and stated the data that they used is the same that an
expensive consultant would have used.
• Public tree orders have all been planted and the flyer will be circulated on tree care – 24 trees from
previous plantings that have failed but the DPW will be coming back around to replace them.
• Tribute Tree program has been revamped and citizens can make contributions of any amount and
will receive a certificate. Please contact the City Manager’s Office for more details.
• Next Tree Board Meeting is Monday, January 23rd at 7 p.m.
• Zoning Board of Appeals Meeting is Monday, December 12th at 7 p.m. in the Council Chambers.
There is only one case on the agenda regarding adding a porch where it makes the existing non-
conformity on their property worse than what it already is.
COUNCILMEMBER PRICE:
• This meeting has been bittersweet as this will serve as her last meeting. She said she will miss
serving Berkley in this role, working so closely with Council, staff, and volunteers, and will miss
advocating on behalf of all of the residents.
• She is grateful for the mentors that encouraged her to step up and serve and residents that stayed
in touch. She is grateful to all of the staff and volunteers who go above and beyond, and will miss
being a part of the team who is always working toward a more welcoming and caring community.
• She looks forward to continuing her advocacy on the state level in her new role as State
Representative. She said lets show the rest of the state on what being a caring community means
and how all Michigan residents can thrive together.
COUNCILMEMBER BAKER:
• Happy December and he congratulated Councilmember Price and wished her well in Lansing.
• He thanked Vice Chair Jeff Tong of the Historical Committee for the update he provided covering
the upcoming 100th anniversary. He also discussed the new displays that are located in the Museum
including new pictures, Christmas ads, and vintage toys , and thanked everyone that came into the
museum before, during, or after the Holiday Lights Parade. He said this is a perfect time to stock up
on presents including two Christmas mugs and magnets. Visitors are always welcome and the
Museum is open Wednesdays from 10 a.m.-1 p.m. and Sundays from 2-4 p.m. – for more
information check out berkleyhistory.com
• DDA will have its next meeting Wednesday, December 14th.
• He thanked everyone that came out to the Rockin Robina event before the parade and thanked all
of the volunteers, city employees, and Santa for making the lights parade a success.
• Merry month continues to close out this year with Merry and Bright Shopping on Thursdays –
December 8th, 15th, and 22nd from 5-9 p.m. throughout the downtown.
• He encouraged everyone to visit Santa Claus at the Library on Sunday, December 11th from 10
a.m.-noon. More information is available by visiting downtownberkley.com/merrimonth.
• He thanked all of the applicants who applied to the vacancy to fill the Council seat and encouraged
everyone to volunteer to continue to make Berkley better.
• He said to please stay safe and hug someone you love because they need it more than you think
they do.
MAYOR PRO TEM DEAN:
• She said HAVEN provides no cost medical examinations to those who have been a victim of intimate
partner violence. They also have equipment that shows evidence of any abuse. She said having a
no-cost clinic is important because you may not want to receive an EOB at your home.
• She attended the MML Convention in Muskegon in October and was invited to moderate a session
on Cyber Security Preparedness for Locals. The focus was on the Village of Clarkston. She said it
drove home that no municipality is so small that cyber criminals won’t target you and she is thankful
and we are fortunate that the City has Stan Lisica as our chief innovation officer for all that he does
for security for the City.
• This past Friday, she attended the Oakland County Youth Assistance annual meeting and sponsor
breakfast along with Councilmember Vilani. She is appreciative for all the work that Youth
Assistance does and gave a special shout out to Berkley residents Kelly Smith and Jessie Wallace
for all they do for families in Berkley.
• She said they had another successful holiday lights parade. She thanked the Parade Committee,
Berkley Junior Women’s Club, DPW, Public Safety, Stan Lisica, and Torri Mathes for all that they
do to make this event successful.
• Senior Holiday Jingle and Mingle is on Wednesday, December 7th at noon – call Parks and
Recreation to register at 248-658-3470.
• Vacation camp is running the week of January 3rd. Those interested may register online or call 248-
658-3470.
• She thanked everyone who came to the PJs and Polar Express this past Friday.
• She offered special thank you to the Friends of the Parks and Recreation and everyone that offers
support. She looks forward to seeing everyone in 2023.
COUNCILMEMBER GAVIN:
• No meetings have occurred for Planning Commission or Environmental Advisory Committee (EAC),
since the last Council meeting. No EAC meeting in December and the n ext Planning Commission
meeting will be December 20th at 7 p.m.
• He congratulated Natalie and wished her well in Lansing.
• He thanked everyone that made the Holiday Lights parade possible - a great way to start the season.
COUNCILMEMBER VILANI:
• Technology Advisory Committee – no update as they have not met since the last Council meeting
and same for the Berkley Area Chamber.
• Berkley Cares Food Pantry is accepting donations and you can sign up to donate an actual ham for
the holidays. At the start of the meeting, the group only had 23 of the 60 hams they are looking to
donate.
• She thanked the DDA elf Mr. McGuinness for turning the City Chambers festive.
• She said she looks forward to having conversations with all of the applicants for the vacancy and
thanked everyone who applied. She said filling Natalie’s seat will be hard.
• She thanked everyone who made the parade a delight.
CITY MANAGER BAUMGARTEN:
• Berkley Buzz is at the print shop now and is chalked full of information to get through the winter
season. He thanked all of the contributors for that and especially to Community Engagement Officer
Torri Mathes who shuts herself in her office for a week and creates a fantastic community asset.
• City employment opportunities are out there –check out the employment section of the city’s
website.
• He thanked everyone that was involved in getting Santa down the street and to the Parade
Committee and volunteers who did a great job lining everyone up for a fantastic event.
CITY ATTORNEY STARAN:
• Council passed an Ordinance this evening – a rental ordinance that clarified that short-term rentals
were covered by the ordinance – that doesn’t regulate them specifically other than they are required
to register. The State Legislature has annually taken up legislation to regulate short term rentals
including HB4722 this year which looked like it had momentum but the Senate has declined to take
up the bill. Stay tuned for 2023 version.
• He offered well-wishes to Natalie in her next role in Lansing.
MAYOR TERBRACK:
• It is so important to have prior local elected officials serving in Lansing who know what it’s like to
serve in local government and how decisions and mandates from the state impact local
governments.
• He offered congrats to Natalie on her new role and said we will miss your advocacy here but know
you will be able to help us while up in Lansing.
• He thanked everyone involved in the Holiday Lights Parade. He almost forgot to light the tree and
apologized to the Junior Women’s Club. Thanked everyone involved for that day and the events
and the staff who put in long days and the rain didn’t matter fr om the DPW, to Public Safety, and
the staff. These are the things the kids will always remember.
• He wanted to end on where they began this evening by talking about the American Legion
recognition dinner for PSO Mike Bunting. He doesn’t know if it is a recognition dinner or a roast,
but he knows Mike is ready and having a dinner for Mike is well deserved and a night of laughter is
sure to happen on December 9th at the Legion.
ADJOURNMENT:
Councilmember Price moved to adjourn the Regular Meeting at 9:30 p.m.
Seconded by Councilmember Vilani
Ayes: Price, Vilani, Baker, Dean, Gavin, Hennen, and Terbrack
Nays: None
Motion Approved.
__________________________________
Daniel J. Terbrack, Mayor
ATTEST:
__________________________________
Victoria Mitchell, City Clerk
David T. Woodward (Feb 13, 2023 11:39 EST)Feb 13, 2023
JoAnn Stringfellow (Feb 13, 2023 11:39 EST)Feb 13, 2023
Micheal Lohmeier (Feb 13, 2023 12:20 EST)
Micheal Lohmeier Feb 13, 2023
March 17, 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 Berkley, 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
Victoria Mitchell, Clerk, City of Bekley
Kimberly Hampton, Technical Specialist, Equalization Division
Enclosures