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HomeMy WebLinkAboutInterlocal Agreements - 2022.10.20 - 38065 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 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI MONDAY, OCTOBER 10, 2022 AT 7 :00 P.M . Mayor Gott called the meeting to order at 7 :00 P.M . PLEDGE OF ALLEGIANCE ROLL CALL : ALSO PRESENT: Mayor Gott, Mayor Pro Tern Staudt, Council Members Casey, Crawford (absent, excused), Fischer, Smith , Thomas Pete Auger, City Manager Victor Cardenas, Ass istant City Manager Tom Schultz, City Attorney APPROVAL OF AGENDA: CM 22-10-129 Moved by Fischer, seconded by Casey; MOTION CARR I ED : 6 -0 To approve the Agenda as presented. Roll call vote on CM 22-10-129 PUBLIC HEARINGS: None PRESENTATIONS : Yeas: Staudt, Casey, Fischer, Smith , Thomas, Gott Nays: None Absent: Crawford 1. Hindu Herit age Month Proclamation -Vijay Venugopal Mayor Gott read the Proclamation for Hindu Heritage Month, October 2022 and presented it to Vijay Venugopal. Vijay Venugopal thanked Mayor Gott and Council, he said it was an honor and pleasure in receiving this , wit h great humility representing the Hindu community in America. He a lso had a special thanks to Cortney Hanson and Jess ica Mistak because they have been t he ones who really run the show, so t o speak. He said he wanted to thank them as well, because they had just conducted the Hindu Heritage Walk yesterday, t hey were very collaborative, they helped us, they guided us, as to how they wanted to go abou t it. He gave a special thanks to bot h of you, ladies. He stated he would keep this short because there was a lot on the Agenda that evening. He was very hu mbled, this just goes to show how, why America is the epitome of representation of values, liberty, and justice, you know, even micro minority community like Hindus who we are living in the United States has been recognized and know their heritage and culture and appreciate that. He thanked them again for a ll of you for this gesture. He wanted to say a couple of words about why especially October in this season. He said they recently had a festival , it is a nine-day festival, mainly representing Shakti and Shakti is mostly in Hinduism derived as a feminine character. This is over the period of nine days, they celebrate diff erent aspects of the Shakti, or the strength, that bein g nurturing or be it educat ion, monetarily well being all t hose t hings that are essential for living a good life right. He sa id this on a Regular Meeting of the Council of the City of Novi Monday, October 10, 2022 Page 2 very high level, the Shakti or the strength, he could say in three different ways that we want to emphasize during these nine days. One is flourishing the strength, the other one is applying the strength, and nurturing the strength. He sa id when they say when they talk about these three aspects o f the strength, they also see that there could be some byproduct of that or in other words, if you have strength or power, there could also creeping in of arrogance, so how do they make sure that while they are achieving strength they also make sure that t hey are aware of the arrogance piece and they do not emphasize that or t hey do not activate that. Hence comes the next fes ti val following that is Diwali where they talk about as you all know, D iwali is the Festi val of Lights , which is moving from darkness to light or moving from ignorance to awareness. He sa id that festival now tells them, be aware of while you are gaining t he strength you a lso make sure they know you should also be very humble and use the strength for the right purposes. He said that is what the Diwali follows. Hence, you can see how these festiva ls over the period helps them guide to keep them in partic u lar path and that is why th is season happens to be the most significant of all throughout the year where we can imbibe and keep that ethos. He stated while they are talking about all these things, they also want to make sure in the social media and in general norm where a narrative is getting created, they also want to be in the spirit of awareness. He said they need to know if there is any false narrative or the nefarious things that are going to be done in the society against any civilization . He mentioned j ust a couple of things that are runn ing around in the social media. He wanted to bring awareness for all of us here. He sa id maybe you may have heard it, maybe you may not, there are some slogans that usuall y we say, and those slogans have been misinterpreted in the social media, he gave a couple of examples. One is they usually say , Jai Shri Ram , and usually when they say Jo i Shri Ram, they associate it w ith the God called Ram, who is an ideal representative of a character and how one person needs to live their life. He said that is what t hey want to say when we want to imbibe that character, if we invite that, that means then we become victorious with that and do the right th ings, that is all to it . He wanted to make sure that everyone has been made aware of. He stated when they say Bharat Mata Ki Jai, it is mainly representing the goddess or the land, which they treat as a Goddess has given the civilization and what ever that civilization has provided us and enlightened us, we want to use it in the right way, which will make us also successful, that is all it is w ith that statement as well. He said if there is any difference of thoughts about it, we can talk about it in a multi ethnicity forum or any forum . He sa id he j ust wanted to bring it again in the spirit of awareness of Diwali right as it is coming very close and bring those thoughts across so that you are aware of it. Thank you very much. Namaste. Mayor Gott thanked M r. Venugopal. He said he has been part of Novi for a lmost a half a century and the Indian community, and the Hindu community p layed such an important role in the northeast development. He said Sin gh Developmen t Company was one of the first and one of the largest developers in the City of Novi. He sa id they built a subdivision called Turt le Creek back in the 70's. He said the homes are magnificent, but who could afford a $70,000 home, you know, so anyway, thank you very much. He appreciated everything you do. He sa id if we can ever help you with anything, we are here for you. Mr. Venugopal said he had some books showing all the things about the civi lization that he will drop off so tht you can read it in your free time. Thank you. MANAGER/STAFF REPORT: None ATTORNEY REPORT: None AUDIENCE COMMENTS: Regular Meeting of the Council of the City of Novi Monday, October l 0, 2022 Page 3 Ginger Barrons, 24777 Glenda, Novi said she was there to talk to you about something that Council could not really help her with. She said since Mayor Gott said t here are 3 million listeners, she wanted to come out and voice her opinion. She said it was regarding the presentation from the Oakland County people regarding a transportation plan that we will all be voting on. She wanted to come out and voice her opposition to that plan and the reason that she was opposed to that plan. She stated that number one is that it is a count y wide vote, which means that our voice gets mixed in with everyone else, and she did not feel it was a true representation of what the residents of Novi want. The second reason that she was opposed to such a plan is that she did not feel that we should have transportation coming through our city t hat is not under the control of the routes from her city government. She believed that your control over that transportation will be diminished by the County's control. She mentioned another reason she was opposed to it is that she felt t he money could be better spent on the current transporta tion enhancing it that we have. She sa id that is where she would like to see her tax dollars go. She stated she was not opposed to public transportation, she was opposed to public transportation that is coming through her city without the control of somebody in her city, and without the voice that is a fair represen t ation of Novi residents. She felt like buses coming through the city may not benefit our seniors, we know that seniors are not comfortable with buses. She thought senior transportation seems to be more popular. She had another concern that she had is generally when there is a transportation system are any kind of service that is done on a county or statewide basis. She said the services tend to go with a need as the most. She said when we throw Novi into the mix with all the rest of the county, will we be the city where they decide that the need is the most? She reiterated that she was not opposed to public transportation, she was opposed to the current plan. She wished that you had the opportunity to tell them that you did not want the plan here and you don't or that you would have the opportunity to let us poll our residents separately and find out what our residents want, and you don't. She thanked Council for letting her voice her opinion. CONSENT AGENDA REMOVALS AND APPROVALS : CM 22-10-130 Moved by Thomas, seconded by Gott; MOTION CARRIED : 6-0 To approve the Consent Agenda as presented . A. Approve Minutes o f: September 26, 2022 -Regular Meeting Regular Meeting of the Council of the City of Novi Monday, October 10, 2022 Page 4 B. Approval of Traffic Control O rder 22-02 for a Yield sign located on Kingsley Lane at Kingswood Blvd . C. Approval of five-year agreement between the City of Novi and Reason Consulting Corporation for Personal Property Assessment Services at a cost of $40,000 for the first year for canvass ing and processing of persona l property accoun ts , with an additional $20,000 for audits and special audits as needed. D. Consideration to approve the updated lnterlocal Agreement For Oakland County 's Designated Assessor for the period of January 1, 2023 through December 31, 2027 E. Approva l of amendment to C ity Manager employment agreement. F. Approva l to award the Otis Elevator Company the City of Novi Pub lic Safety building elevator modernization project in the amount of $90,476 using a competitively bid contract through the OMNIA Partners Public Sector Purchasing Agreement. G . Approval of claims and warran ts -Warrant 11 17 Roll call vote on CM 22-10-130 Yeas : Casey, Fischer, Smith, Thomas , Gott, Staudt Nays: None Absent: Crawford MATTERS FOR COUNCIL ACTION : 1. Consideration of approval to award a unit price contract to Downriver Clippers Lawn Maintenance Inc., dba Signature Services, and Major Construction Group Inc., dba Major Cement for as-needed concrete pavement repairs , i n the annual estimated amount of $428,187.50. The contract term is for one year wit h two one- year renewal options . CM 22-10-131 Moved by Casey, seconded by Thomas ; MOTION CARRIED : 6 -0 Approval to award a unit price contract to Downriver Clippers Lawn Maintenance Inc., dba Signature Services ., and Major Construction Group Inc., dba Major Cement for as-needed concrete pavement repairs , in the annual estimated amount of $428,187.50. The contract term is for one year with two one-year renewal options . Roll call vote on CM 22-10-131 Yeas : Fischer, Smith , Thomas, Gott, Staudt, Casey Nays: None Absent: Crawford Regu lar Meetin g of the Council of the Cit y of Novi Monday, October 10, 2022 Page 5 2. Consideration to Introduce Ordinance No. 22-147.02 , an Ordinance to Amend the City of Novi Code of Ordinances, as amended, Chapter 2 , Administration, Article VI , Purchase and Sale of Property, Section 2 -201 , Authorization for Expenditures, with regard to the expenditure amounts requiring Council approval. FIRST READING CM 22 -10 -1 31 Moved by Smith , seconded by Casey; MOTION CARRIED: 6 -0 Approval of Ordinance No. 22-147.02, an Ordi nance to Amend the City of Novi Code of Ordinances, as amended, Chapter 2 , Admi nistration, Article VI, Purchase and Sale of Property, Section 2- 201 , Authorization for Expenditures, with regard to the expenditure amounts requiring Coun cil approval. FIRST READING Roll call vote on CM 22-10-131 Yeas: Smith , Thomas, Gott, Staudt, Casey, Fischer Nays: None Absent: Crawford 3. Considerati on of approval to award engi neering desi gn services to Spaldi ng DeDecker for phase 2 of the asbestos cement water mai n replacement program along with ductile iron water main replacement on Roethel Drive, in the amount of $390,312.50 . CM 22 -10-132 Moved by Casey, seconded by Thomas; MOTION CARRIED : 6-0 Approval to award engi neering desi gn services to Spaldi ng DeDecker for phase 2 of the asbestos cement water main replacement program along with ductile iron wat e r main replacement on Roethel Drive, in t he amount of $390,312.50. Roll call vote on CM 22-10-132 Yeas: Thomas, Gott, Staudt, Casey, Fischer, Smith Nays: None Absent: Crawford 4 . Consideration of the request of Cambridge of Novi, LLC for a Second Amendment to the previ ously -approved Planned Rezoning Overlay (PRO) Agreement, JSP 17- 52 and JSP 21-12, Terra , associated with Zoning Map Amendment 18.718. The applicant recei ved approval for a 41 -unit single-family ranch development on approximately 30.14 acres on the north side of Nine Mile Road, east of Napier Road. The current amendment is requested to make changes to sidewalks in the Phase 2 portion of the project. Mark Guidobono said he was representing Cambridge Homes and the res id ents at Terra. He said they were asking for an Amendmen t t o the PRO in three areas, one has been Regular Meeting of the Council of the City of Novi Monday, October 10, 2022 Page 6 already resolved with the city. He said they met with Rick Meader on the trees, and they were able to find location to plant the remainder of those trees. He stated the second item was the sidewalk over by the drain, which he could call the sidewalk to nowhere because we had no sidewalk on that side of the street, so they had to cross the street. He said he did not have a map up to be able to show you that. He stated this is kind of simple, th e culvert is not able to get the sidewalk in because there is not enough room. He said they had to move that culvert over about three and a half feet, it was a decision the city made on t he spot, it was a good call from an engineering standpoint, that prevented us from putting the sidewalk in , we could do it with a retaining wall, but it is a $20,000 retaining wall, it just did not make any sense because you would still have to cross the street to the north side of Villa Court to get across to Villa Drive because that is where the approach is on the north end there. He said on the plan, you would see that it is kin d of the sidewalk to nowhere. He said the third th in g was the ITC Tra il connection. He mentioned when they were getting their approvals, Planning wanted connectivity and this was a t a time when the ITC Trail was on the south side of Nine Mile Road. He sa id during t he approval process and that connection with Planning it asks us to put it in and we did, but as we went through the approval process, we kind of recommended to the Planning Commission and the C ity Council that we move that ITC Trail from the south side of Nine Mile to the north side of Nine Mile to have one street crossing instead of two street crossings and we agreed to work with the city on that, but we stil l left the connection and to the ITC Trail when we are we do have a connection right at our entrance because the ITC Trail crosses right at our entrance. He said havin g two connections is redundant in their mind and the residents would prefer that we try to a lso block as much of the ITC powe rlines, he knew we could not block the towers bec a use they are so b ig. He stated they could rais e t he berm up about another eight or l O feet by eliminating this ITC connection, wh ich could be confusing for people coming down the trail, which way do they go? He said he was representing t he residents and they would prefer not to have this connection, they have it right at the entrance, and he agreed with them that they would like to see a more enclosed situation with the berm to b lock t hose ITC power li nes . He said a n other thing that is real is that when you look at the site plan, it is very clos e to Unit Number 37 , which is about l O feet away from th is house and it is just a li tt le too uncomfortable once that home is sold for that resident. He asked that for the amendments to the PRO. He said that is the third thin g on the list, a lthough w ith regarding the changes to the PRO. He sa id the last thing he wanted to talk to City Council about was about Wayne Wroble. He believed he sa t on the City Council prior to his passing during our project and they are proposin g to dedicate a plaque for Wayne and attach it to the ITC shelter that they are build in g for the city rig h t now if that were something the C ity Council would support. He said he was happy t o answer any question anybody had. Mayor Gott sa id bef ore him opened it up to City Council for discussion or a motion a n d if anybody h a d any questions for Mr. Guidobono, he wanted to say that the p laque is a very nice, very classy, and the city will support that plaque and he hoped that we could include Wayne's widow, Debbie, because she would be very touched by that . M a yor Pro Tern Sta u dt sa id h e was taking a quick look at the drawings, he said this is a situatio n w h ere h e t houg ht our Plannin g was well intentioned, but the result is probably Regu lar Meeting of the Council of the City of Novi Monday, October 10, 2022 Page 7 not particularly acceptable. He did not know that the time that we totally understood what we were looking at in terms of the second phase and he was in support of eliminating t h is from the PRO, he was just trying to find where the action was, he said he was looking at th is approval is subject to that one, two, and three? He asked City Attorney Schutlz for clarification on the motion. City Attorney Schultz said if he understood correctly that you would add the request that the Planning Commission did not grant, that the Council would be approvin g, you would add that as Item B, under number two, that you would grant the deviation with regard to the ITC Tr ial connection. CM22-10-133 Moved by Staudt, seconded by Casey; MOTION CARRIED: 6-0 Tentative approval of the request of Cambridge of Novi, LLC for a Second Amendment to the previously-approved Planned Rezoning Overlay (PRO) Plan and Agreement, JSP 17-52 and JSP 21-12 Terra , based on the following findings , deviations , and conditions, with the direction that the City Attorney 's Office shall prepare the required Second Agreement and work with the applicant to return to the City Council for Final Consideration pursuant to the PRO Ordinance: 1. This approval is subject to all conditions listed in the original PRO agreement recorded April 9, 2019, unless otherwise amended with the First Amendment and this approval. 2 . The PRO Agreement will be amended to include the following ordinance deviation: a. Deviation from Subdivision Ordinance (Section 4.05) and the Design & Construction Standards (Section 11-256{b}) to allow for the absence of sidewalk along a portion of the south side of Villa Court as shown in the revised Plan dated June 14, 2022, as recommended by the Planning Commission . b . Eliminate the condition that the applicant provide a sidewalk connection from the east side of the development to the ITC Trail. 3. The applicant will work with City staff to locate woodland replacement trees in alternative locations on the site whenever possible and ensure their protection within a conservation easement. Payment into the Tree Fund in accordance with the terms of the Woodland Ordinance shall be made only when on- site planting is not possible, as determined by the City Planner. Member Fischer had a question on the motion . He stated Item three is resolved, so is Item three incorporated in that motion or it sounds li ke that has already been addressed by staff. City Attorney Schultz said when he read tha t , he thought it was okay to keep it in there just so it continues to track. Member Fischer sa id ok, he was fine w ith that and he thanked him for his clarification. Regular Meeting of the Council of the City of Novi Monday, October l 0, 2022 Page 8 Mayor Gott wanted to put his comments on the record. He asked City Manager Auger if the Plann ing Commission recommended against granting this is that correct? City Manager Auger replied yes. Mayor Gott said that is what he read. He indicated tha t normally Cit y Council does not go against our Planning Commission. He stated those are very dedicated cit izens who work very hard at their job and take it very seriously and he commended them for their work on this . He said he was going to support this motion because after receiving a ll the letters we did from the residents and listening to Mr. Guidob ono, he sa id he d id not think they had a full grasp on al l the aspects of this . Membe r Casey said she wanted to put her comments on the record as well. She said she was supporting the motion to eliminate the connection into Terra. She said she was in the neighborhood over the weekend, and she saw quite a few people biking and riding right by your neighborhood. She t hought the connection that already exists from the Trai lhead to the sidewalk is going to be well sufficient for both your res idents and then all the other residents of tha t neighborhood to be able to get to and from without having to come into the complex. She said she also looked at the berm and she was happy to give you the opportunity to make that larger. Roll call vote on CM 22-10-133 Yeas: Gott, Staudt, Casey, Fischer, Smith , Thomas Nays : None Absent: Crawford 5 . Consideration of a selection process for the next City Manager C ity Manager Auger said with his announcement that he was retiring from City management; it is the City Councils next step is to choose how they want to proceed in selecting the next city manager. Mayor Gott said he wrote out some notes so that he d id not forget anyt h in g because this is in h is humble opinion what they are faced w ith now will be the most important decision that the City Council can make. He said it is something that does not happen often. He said the news that Mr. Auger was retiring came as a surprise to all of us. He said there will be many opportunities in the coming weeks to say thank you for your seNice to our great city. He said on behalf of all his coll eagues on C ity Council, and the 67,000 people who call Novi home, thank you. We wish you the very best in your future endeavors, good health, and happiness always. He sa id with Mr. Auger's announcement comes the Novi City Council's most important task finding a replacement. He said it is the most important work that we can poss ibly do. He stated it is more important than anything else that the City Charter calls o n them to perform. He said it affects every city employee, all 67,000 residents and every business located in t he city. He said the City Manager runs the day- to-day operat ions of the g re at c ity and it is our job now to find someone capable of doing so in the manner that we have all become accustomed to. Professional, filled with in t egrity, tra nsparent with what is best for Novi always is at the top of our minds. He said to hire a City Manager is the sole respons ibility of the Novi City Council, the City Charter is perfectly clear about that. He sa id the majority of th e Ci ty Council will eventually vote Regular Meeting of the Council of the City of Novi Monday, October 10, 2022 Page 9 to hire a replacement for Mr. Auger. He stated right now today he wanted to go on record and say that it is his fervent hope as mayor, that when that day comes, it will be a unanimous choice. He wanted to assure his colleagues and the hundreds of City employees that we will be steadfast in our deliberations, but certainly in no rush. He said we will do everything possible to find the very best possible replacement for Mr. Auger. He said as we on City Council are part-time employees will we rely on several key City staff members to assist them in their deliberations as well as our City Attorney. He stated as Mayor, he will do his very best to lead this City Council in its search. He stated fo rt unately for him and three of his colleagues at this table, we worked together eight years ago when we searched for and hired Pete Auger. He said he was also present, but then, not as Mayor but as a Councilmember. He said when they hired Clay Pearson so many years ago, he hoped to use those experiences to guide this City Council as they begin to search for a replacement for Pete. He sa id since Mr. Auger's announcement, he has met with a couple key members of staff and it was his sincere hope that his colleagues on City Council will agree that the best way to proceed is similar, if not exactly the way the City Council proceeded. He said when Mr. Pearson left in 2014, those of us who were here then may recall the first thing to City Council did was to tell the City staff to prepare an RFP for City Councils review, to hire a firm to ass ist in the recruitment of a City Manager. He sa id for the last three C ity Managers, Auger, Pearson and Helwig. He said the City Council 's conducted a nationwide search to select the very best candidate, and they found that person by employing a firm to assist in the search process. He sincerely hoped that his colleagues and Ci ty Council agreed to follow that pattern. Mayor Gott explained when the search firms respond to the RFPs , the City staff then paired the applicants down to a manageable number eight years ago, then Assistant City Manager Cardenas assisted in the process , along with key staff members, howev er, in this instance, that will not be possib le. He said Mr. Cardenas is sure to be an applicant for the vacant position, he was sure that everyone will agree that Mr. Cardenas must stay completely away from this process. He said we are open and transparent and fa ir, we want no one to question our integrity in this process. He suggested that the City leadership headed by our Director of Human Resources and the Director of Communications, gathered ahead this process absent of course, Mr. Auger and Mr. Cardenas when this group has pared the applicants down to a manageable number and he was jus t throwing out the number five here, the recommendations wou ld be sent to City Coun cil fo r their review and our recommendations. He said the RFP would come back to them for approval before it is a no and the search firms that apply. He stated even though there may be on ly four o r five recommended by this search team, City Council will get a chance to look at everyone. He said City Council may decide to interview any, all, or none, of the recommended search firms. He stated once agreed on that a Special Council meeting can be called as was the last time for a Saturday morning to interview the firms and to decide which one to hire. He said after that, the firm that was chosen would meet with each City Council person individually, staff members, key members of the public, to determine what we want in a City Manager. He said they would prepare an ad for the City Council to review and once approved by most of the City Council, the search p rocess for the Ci ty Manager would commence. He said th is is going to be a Regular Meeting of the Council of the City of Novi Monday, October 10, 2022 Page 10 lengthy process. He said we are not in a hurry, we do not want to be rushed, nor do we want to even feel rushed. He said if we follow protocol from eight years ago, an Interim City Manager will soon be named by the City Council t o be effective when Mr. Auger leaves. He explained that Cit y Council will direct that Memorandum of Understanding be created by the City Attorney to be brought back to the City Council for review. He noted that the one in 2014 was c reated by the City Attorney using the Memorandum of Understanding from 2006 as a model. He said we are not here to reinvent the wheel, but to make this process as orderly and smooth as possible, with the very best results in mind. In the 2014 Memorandum of Understanding, the compensation provision represented the halfway point between the lnterim's present salary and the outgoing City Manager salary at the time. He said there was also an increase in the monthly parallels and the other t erms of employment remained the same. He stated the agreement was good for 120 days but could be extended if a new City Manager had not been chosen in that time. He said it automatically ended when a new C ity Manager was chosen. He also noted that the Interim City Manager could make no permanent appointments to department heads and could not discharge, suspend, or discipline any department heads with out the express consent of City Council. He said that is where we are today, as Mayor, he would like to see Ci ty Council move to get the RFP ball roll ing to begin this process. Having said that, he opened this up to h is colleagues on City Council for any discussion or motions, or any comments. Member Fischer thought Mayor Gott did a very good job of summarizing many of his thoughts. He said he was around in 2014 , and he thought the process served them very well. CM 22-10-134 Moved by Fischer, seconded by Gott; MOTION CARR IED : 6-0 To direct the Director of Human Resources and Director of Communications to prepare RFP and C ity Attorney should start working on a Memorandum of Understanding for an Interim C ity Manager. Member Casey mentioned the other speaker said this is exactly what we had done in 201 4. She thought the process was very smooth and orderly in 2014. She appreciated the work that the staff did and looked forward to seeing us go down this path and follow the process. We followed the process in 2014 that you outlined. She reminded everybody this is a 12-15-week process just looking at it from where we are sitting right now, so to the Mayor's point, this is not fas t. It will take us time to find the exact rig ht candidate that we need for the City. Thank you. Roll call vote on CM 22-10-134 Yeas: Staudt, Casey, Fischer , Smith , Thomas , Gott Nays: None Absent: Crawford Regular Meeting of the Council of t he C ity o f Novi Monday, October 10, 2022 Page 11 Mayor Gat t asked City Manager Auger to direct the sta f f to begin this as soon as possib le. Mr. Auger agreed. CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: None AUDIENCE COMMENT: None COMMITTEE REPORTS : None MAYOR AND COUNCIL ISSUES : None ADJOURNMENT -There being no further bus iness to come before Council, the meeting was adjourned at 7:39 P .M . Date approve . October 24 , 2022 David T. Woodward (Feb 13, 2023 11:35 EST)Feb 13, 2023 JoAnn Stringfellow (Feb 13, 2023 11:43 EST)Feb 13, 2023 Micheal Lohmeier (Feb 13, 2023 12:21 EST) Micheal Lohmeier Feb 13, 2023 March 21, 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 Novi, 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 Cortney Hanson, Clerk, City of Novi Kimberly Hampton, Technical Specialist, Equalization Division Enclosures