Loading...
HomeMy WebLinkAboutInterlocal Agreements - 2023.06.15 - 40472 AGENDA ITEM: Park Operations Partnership Agreement with the City of Madison Heights DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Thursday, June 15, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3081 _ 23-109 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Resolution David Woodward, Gary McGillivray INTRODUCTION AND BACKGROUND The interlocal agreement between the City of Madison Heights and the Oakland County Parks and Recreation Commission (OCPRC) establishes terms for the future operation, maintenance, improvement, and management of real property dedicated to public recreation owned by the City which will be incorporated within Red Oaks County Park. OCPRC will: 1. assume responsibility for Ambassador Park, a 7-acre public park located at 600 E Thirteen Mile Road; 2. continue management of George W. Suarez Friendship Woods, located at 30330 Hales Road; 3, transfer grounds maintenance responsibilities from OCPRC to the City of Madison Heights at the Youth Soccer Complex. Approval of the legal agreement is a necessary step for the implementation of park improvement projects authorized and funded under the Healthy Communities Park and Outdoor Recreation Investment Plan approved by the Board of Commissioners on October 20, 2022. A Letter of Intent between the parties regarding Ambassador Park was approved by the Economic Development and Infrastructure Committee on October 12, 2022. The agreement establishes a 20-year term with a transition period for implementation ending concurrently with the County's FY23 calendar. The pre-existing lease between the parties for the management and operation of the Friendship Woods property will be superseded to establish consistent provisions for both properties. The new terms provide broader discretion to OCPRC to manage the properties and facilities while releasing the City from cost-sharing responsibilities. Upon execution of the agreement by all parties, OCPRC will proceed with planning, public engagement, and the final design of park improvement projects funded under the Healthy Communities Plan. Preliminary plans include the development of an innovative play and activity area designed to create active interactions between multiple generations - especially children and seniors. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Chris Ward, Director Parks & Recreation ITEM REVIEW TRACKING Chris Ward, Parks & Recreation Created/Initiated - 6/15/2023 David Woodward, Board of Commissioners Approved - 6/15/2023 Hilarie Chambers, Executive's Office Approved - 6/20/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 6/27/2023 AGENDA DEADLINE: 06/15/2023 6:00 PM ATTACHMENTS 1. Red Oaks Exhibit A 2. FINAL VERSION--City of Madison Heights --Interlocal Agreement (Operation of Ambassador Park and GWS Woods) COMMITTEE TRACKING 2023-06-15 Full Board - Request Immediate Consideration; Adopt Motioned by: Commissioner Yolanda Smith Charles Seconded by: Commissioner Christine Long Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson (17) No: None (0) Abstain: None (0) Absent: Ajay Raman, Gary McGillivray (2) Passed June 15, 2023 RESOLUTION #2023-3081 _ 23-109 Sponsored By: David Woodward, Gary McGillivray Parks & Recreation - Park Operations Partnership Agreement with the City of Madison Heights Chair and Members of the Board: WHEREAS an interlocal agreement with the City of Madison Heights is necessary to transition the management of property currently known as Ambassador Park to the Oakland County Parks and Recreation Commission for the implementation of park improvement projects authorized within the Healthy Communities Parks and Outdoor Recreation Investment Plan approved by the Board of Commissioners on October 22, 2022; and WHEREAS the agreement will supersede the existing contract lease with the City of Madison Heights for the management of George W. Suarez Friendship Woods to establish consistent terms and conditions for both properties; and WHEREAS the agreement provides for the transition of groundskeeping responsibilities from Oakland County Parks to the City of Madison Heights at the Youth Soccer Complex. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Interlocal Partnership Agreement with the City of Madison Heights and authorizes the Chair of the Board of Commissioners to execute the agreement on behalf of Oakland County upon its approval by the Oakland County Parks and Recreation Commission and the City of Madison Heights. BE IT FURTHER RESOLVED a budget amendment is not required. Chair, the following Commissioners are sponsoring the foregoing Resolution: David Woodward, Gary McGillivray. Date: June 15, 2023 David Woodward, Commissioner Date: June 20, 2023 Hilarie Chambers, Deputy County Executive II Date: June 27, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-06-15 Full Board - Request Immediate Consideration; Adopt Motioned by Commissioner Yolanda Smith Charles seconded by Commissioner Christine Long to Request Immediate Consideration Under New Business the attached Resolution: Park Operations Partnership Agreement with the City of Madison Heights. Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson (17) No: None (0) Abstain: None (0) Absent: Ajay Raman, Gary McGillivray (2) Passed ATTACHMENTS 1. Red Oaks Exhibit A 2. FINAL VERSION--City of Madison Heights --Interlocal Agreement (Operation of Ambassador Park and GWS Woods) 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 June 15, 2023, 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, June 15, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds EXHIBIT A The Land consists of the following described real property along with the building, improvements and trails located thereon: Parcel: 25-12-254-048 (Nature Center) Park of Northeast ¼ Sec�on 12, T1N, R11E, City of Madison Heights, Oakland County, Michigan described as: Beginning at a point distant N 88-24-09 W 714.12 FT, TH N 00-47-21 E 1487.22 FT, TH N 89-58-31 E 179.93 FT, TH N 00-50-22 W 59.99 FT, TH N 89-44-20 E 150.06 FT, TH N 00-41-51 E 460.05 FT, TH N 00-46-49 E 340.08 FT, TH S 89-52-38 W 158.10 FT, TH N 35-47-00 E 219.53 FT, TH S 37-12-32 E 41.64 FT, TH N 51-37-30 E 265.39 FT, TH N 31-23- 30 E 194.14 FT, TH S 82-27-00 E 80.29 FT TO BEG, ALSO W 10 FT OF FOL DESC PARCEL BEG AT PT DIST N 88-39-00 W 1001.53 FT FROM E 1/4 COR, TH N 88- 39-00 W 668 FT, TH N 00-14-00 E 650.61 FT, TH S 88-39-00 E 670 FT, TH S 01-14-00 W 650.61 FT TO BEG, ALSO BEG AT PT DIST N 82-27-00 W 1726.70 FT & S 00-38-00 W 1370.44 FT & W 710.65 FT & N 00-45-00 E 45.41 FT & E 180 FT & N 00-45-00 E 60 FT FROM NE SEC COR, TH N 00-45-00 E 20 FT, TH W 180 FT, TH N 00-45-00 E 40 FT, TH E 330 FT, TH S 00-45-00 W 60 FT, TH W 150 FT TO BEG 35.88 A 11-5-09 FR 037 & 046 Parcel: 25-12-203-023 (Nature Center) Park of Northeast ¼ Sec�on 12, T1N, R11E, City of Madison Heights, Oakland County, Michigan described as: Beginning at a point distant T1N, R11E, SEC 12 KILLORAN HEIGHTS SUB PART OF LOT 166, ALSO 1/2 OF VAC ALLEY ADJ TO SAME, ALSO PART OF NE 1/4 OF SEC ALL DESC AS BEG AT PT DIST S 82-27-00 E 309.12 FT & S 00-43-39 W 60.43 FT & S 82-27-00 E 488.83 FT FROM N 1/4 COR OF SEC, TH S 82-27-00 E 110.42 FT, TH S 31-28-00 W 128.50 FT, TH S 52-18-48 W 99.21 FT, TH ALG CURVE TO LEFT, RAD 190 FT, CHORD BEARS N 20-16-10 E 51.28 FT, DIST OF 51.44 FT, TH N 07-39-11 E 137.88 FT TO BEG 1-11-08 FR 002 & 004 Parcel: 25-12-254-047 (Nature Center) Park of Northeast ¼ Sec�on 12, T1N, R11E, City of Madison Heights, Oakland County, Michigan described as: Beginning at a point distant T1N, R11E, SEC 12 PART OF NE 1/4 BEG AT PT DIST N 82-27-00 W 2440.03 FT & S 00-45-00 W 898.84 FT & N 89-54-44 E 147 FT FROM NE SEC COR, TH N 89-54-44 E 72 FT, TH S 00-45-00 W 100.33 FT, TH S 89-58- 57 W 72 FT, TH N 00-45-00 E 100.24 FT TO BEG, ALSO BEG AT PT DIST N 82-27-00 W 2440.03 FT & S 00-45-00 W 898.84 FT & N 89-54-44 E 219 FT FROM NE SEC COR, TH N 89-54-44 E 110.18 FT, TH S 01-05-56 W 100.47 FT, TH S 89-58-57 W 109.56 FT, TH N 00-45-00 E 100.33 FT TO BEG, ALSO BEG AT PT DIST N 82-27-00 W 2440.03 FT & S 00-45-00 W 998.89 FT FROM NE SEC COR, TH E 330 FT, TH S 00-45-00 W 200 FT, TH W 330 FT, TH N 00-45-00 E 200 FT TO BEG 1.93 A 11-5-09 FR 035, 044 & 045 EXHIBIT A Parcel: 25-12-128-031 (Ambassador Park) Part of Northwest ¼ Sec�on 12, T1N, R11E, City of Madison Heights, Oakland County, Michigan described as: Beginning at a point distant T1N, R11E, SEC 12 PART OF NW 1/4 BEG AT PT DIST N 87-50-24 W 534.16 FT FROM N 1/4 COR, TH S 01- 26-45 W 1065.28 FT, TH S 41-02-49 W 89.37 FT, TH S 56-27-39 W 247.80 FT, TH N 01-26-45 E 1279.46 FT, TH S 87-50-24 E 260.00 FT TO BEG 7.06 A Page 1 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION INTERLOCAL PARTNERSHIP AGREEMENT FOR PARK OPERATION BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF MADISON HEIGHTS This Agreement (the "Agreement") is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), by, through, and administered by its statutory agent the Oakland County Parks and Recreation Commission (“OCPRC”) and the City of Madison Heights, 300 West Thirteen Mile, Madison Heights, Michigan 48071 (“City”). County and the City may also be referred to jointly as "Parties". INTRODUCTION AND PURPOSE OF AGREEMENT. A. On February 3, 2022, the City and the County entered into a lease for OCPRC to operate, manage, plan, and maintain certain real property and a building as a public park, natural preservation area, and nature center located at 30300 Hales Street, Madison Heights, Michigan 48071, known as the George W. Suarez Friendship Woods at Red Oaks County Park. B. On September 7, 2022, the City and the County executed a letter of intent expressing a desire to negotiate a mutually acceptable agreement for OCPRC to operate, manage, plan, and maintain approximately 7 acres of real property located at 600 E. Thirteen Mile Road, Madison Heights, Michigan, 48071, known as Ambassador Park. C. To fund park improvements in areas most disproportionally impacted by the COVID 19 pandemic, OCPRC created the Healthy Communities Park and Outdoor Recreation Investment Plan (“Plan”), which utilizes the Coronavirus Local Fiscal Recovery Fund and OCPRC monies. These funds were leveraged by commitments from local governments with long term operational agreements to facilitate the expansion of the OCPRC Park System to incorporate additional parks, including parks in the City. D. In October 2022, the Oakland County Board of Commissioners appropriated Fifteen Million ($15,000,000) dollars of Coronavirus Local Fiscal Recovery Fund monies, in Miscellaneous Resolution #22-338, to fund and support the Plan. E. The Parties now desire to terminate the February 3, 2022 lease relating to the George W. Suarez Friendship Woods lease and enter into this Agreement to effectuate the Plan, streamline the use of Coronavirus Local Fiscal Recovery Fund and OCPRC monies, delineate duties and responsibilities between the Parties with respect to operation, management, planning, and maintenance of George W. Suarez Friendship Woods and Ambassador Park. F. The Parties also desire to terminate the Grounds Maintenance Agreement for the Red Oaks Youth Soccer Complex dated January 24, 2011. The Parties agree to the following terms and conditions: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, addendum, or exhibit approved in accordance with Section 2. 1.2. Capital Improvement Project means a project that: (1) costs Thirty Thousand ($30,000) dollars or more and (2) extends the life cycle of an existing facility or asset; replaces, Page 2 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION renovates, or remodels an existing facility or asset; or adds a new facility or asset. 1.3. City means the City of Madison Heights, its Council, departments, divisions, elected and appointed officials, board members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons’ successors. 1.4. City Employee means any City employee, officer, manager, volunteer, attorney, contractor, subcontractor, and/or any such person’s successors or predecessors (whether such persons act or acted in their personal, representative, or official capacities). "City Employee" shall also include any person who was a City Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.5. Claims means any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against a Party, or for which a party may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law. 1.6. County means Oakland County, a Municipal and Constitutional Corporation, including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons’ successors. 1.7. County Employee means any County employee, officer, manager, volunteer, attorney, contractor, subcontractor, and/or any such person’s successors or predecessors (whether such persons act or acted in their personal, representative, or official capacities). "County Employee" shall also include any person who was a County Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.8. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.9. Effective Date. The date all Parties sign the Agreement. 1.10. Exhibits means the following documents, which this Agreement includes and incorporates: 1.10.1. Exhibit A: describes and depicts the Premises. 1.11. OCPRC means the Oakland County Parks and Recreation Commission, as established by resolution of the Oakland County Board of Commissioners pursuant to Public Act 261 of 1965, MCL 46.351, et seq. 1.12. Park means the park operated and managed by OCPRC on the Premises. 1.13. Park Fees and Charges means the following fees and charges: (1) equipment/facility rental fees, (2) event program fees, (3) sponsorship of events/programs by third parties, and (4) and all other fees and charges charged and collected by OCPRC associated with the use of the Park. 1.14. Park Revenue means the monies generated from the Park Fees and Charges received by OCPRC and grants, gifts, and donations received by OCPRC or by the City for the Park. 1.15. Premises means the real property that is described and depicted in Exhibit A. 1.16. Transition Period means a period of time commencing on the Effective Date and ending on September 30, 2023, or the date the City Council approves the Park Action Plan (as described in Section 4.7), whichever occurs last. 2. AGREEMENT TERM/PROPERTY DESCRIPTION & TERMINATION. Page 3 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION 2.1. Agreement Term. 2.1.1. Initial Term. This Agreement shall commence on the Effective Date and end twenty (20) years from the Effective Date (“Initial Term”). 2.1.2. Renewal Term. On the date the Initial Term ends, this Agreement shall automatically renew, without action of either Party, for twenty (20) years (“Renewal Term”). However, if either Party provides written notice to the other Party, at least one hundred eighty (180) days before the end of the Initial Term, of its desire that the Agreement not renew, then the Agreement shall end on the last day of the Initial Term. 2.1.3. Non-Renewal of Agreement. The non-renewal of this Agreement pursuant to this Section shall not be deemed a termination of this Agreement under Section 2.7. 2.1.4. Continuation of Terms and Conditions. The terms and conditions contained in this Agreement shall not change during the Initial Term or Renewal Term, unless mutually agreed to by the parties in writing. 2.1.5. Approval of Agreement. The approval and terms of this Agreement and any amendments thereto shall be entered in the official minutes of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. 2.2. Agreement Amendments. All amendments or modifications to this Agreement shall be in writing and approved and filed as set forth in Section 2.1. 2.3. Property Subject to Agreement. The City grants the County use of the Premises for the purposes and according to the terms and conditions set forth herein. 2.4. Use of Premises. On the date the Transition Period ends, OCPRC shall have care, control, and use of the Premises to operate, manage, plan, maintain, and improve the Premises for public recreation activities, as further described and delineated herein, and to provide other recreation activities mutually agreed upon by the Parties. OCRPC shall obtain the City’s prior consent, in writing, to use the Premises for any purpose not described herein, such consent shall be given by the City’s Representative. 2.5. Fee for Use of Premises. The County shall not pay a monetary fee for the use of the Premises. The Parties acknowledge that the services provided by the County during this Agreement are adequate consideration for this Agreement. 2.6. Designation of Park & Name of Park & Park Facilities. During this Agreement, the park premises shall be designated as Red Oaks County Park. OCPRC may, with consent of the City’s Representative, designate a name for major park amenities and facilities within the Park. 2.7. Termination/Expiration. 2.7.1. Termination by the City. The City may terminate this Agreement, at any time, if OCPRC is notified in writing at least one hundred eighty (180) days prior to the effective date of termination and any one of the following occur: (1) the Premises are no longer being used for the purposes identified in this Agreement; (2) OCPRC provided the City with information at any time during this Agreement that was false or fraudulent; or (3) OCPRC materially fails to perform any of its obligations under this Agreement, and such failure is not cured within ninety (90) calendar days after written notice of default to OCPRC. Page 4 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION 2.7.1.1. Termination by the City in Absence of Default/Breach. If the City terminates this Agreement, in the absence of default or breach by OCPRC, then the City shall reimburse OCPRC the amount of the non- depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC, on the date of the termination notice. 2.7.1.2. Termination by the City for Default/Breach. If the City terminates this Agreement for default or breach by OCPRC, then the City does not have to reimburse OCPRC the non-depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. 2.7.2. Termination by OCPRC. OCPRC may terminate this, at any time, if the City is notified in writing at least one hundred eighty (180) days prior to the effective date of termination and any one of the following occur: (1) the Premises are no longer being used for the purposes identified in this Agreement; (2) the City provided OCPRC with information, at any time during the Agreement term, that was false or fraudulent; (3) the City materially fails to perform any of its obligations under this Agreement, and such failure is not cured within ninety (90) calendar days after written notice of default to the City. 2.7.2.1. Termination by OCPRC in Absence of Default/Breach. If OCPRC terminates this Agreement in absence of default or breach by the City, then the City does not have to reimburse OCPRC the non-depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. 2.7.2.2. Termination by OCPRC for Default/Breach. If OCPRC terminates this Agreement for default or breach of the City, then the City shall reimburse OCPRC the amount of the non-depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC, on the date of the termination notice. 2.7.3. Disposition of Personal Property Upon Expiration/Termination of Agreement. Upon expiration or termination of this Agreement, for any reason, each Party shall retain ownership of personal property purchased by them, unless the Parties agree in writing otherwise. “Personal property” does not include buildings, fixtures, or Capital Improvements as described in Section 4.4. 2.7.4. Condition of Park Upon Expiration/Termination of Agreement. Upon the expiration or termination of this Agreement, OCPRC shall cease all Park management and operation, surrender the Premises to the City, and cooperatively work with the City to transfer Park management and operation. 2.7.5. Payment for Non-Depreciated Capital Improvement Projects Upon Agreement Expiration. If the Agreement is not renewed at the end of the Initial Term for the Renewal Term, then the City shall reimburse OCPRC the amount of the non-depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC with non-Coronavirus Local Fiscal Recovery Fund monies, on the date the Agreement expires. Upon the expiration of the Renewal Term, the City shall not reimburse OCPRC the amount of the non-depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC. 3. TRANSITION PERIOD. 3.1. Transition Period. This Agreement includes a Transition Period. During the Transition Page 5 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION Period, the Parties shall work cooperatively to facilitate the transfer of Park management and operations to OCPRC. 3.2. Park Information. 3.2.1. Grants & Endowments. Within thirty (30) days of the Effective Date, the City shall provide OCPRC copies of all grant agreements, endowment agreements, or other agreements that impose restrictions and conditions upon the Premises and its use. 3.2.2 Agreements between the City and Third Parties. Within thirty (30) days of the Effective Date, the City shall provide OCPRC copies of all third-party agreements relating to the use, management, or operation of the Premises, if any. OCPRC is not under any obligation to assume any third-party agreements relating to the management or operation of the Premises. 3.3. Rights and Obligations During the Transition Period. 3.3.1. Park Operation and Maintenance During Transition Period. During the Transition Period, the City shall be responsible to operate and maintain the Park and to pay for all costs associated therewith, except that OCPRC shall be responsible to operate and maintain the George W. Suarez Friendship Woods at Red Oaks County Park in the same manner as provided in the February 3, 2022 lease until the end of the Transition Period. 3.3.2. County Right to Access the Premises. During the Transition Period, the County may access the Premises to perform maintenance, restoration, repairs, and improvements to the Premises, mutually agreed to by the Parties in writing. 3.3.3. Premises Inspections. During the Transition Period, the County shall inspect the infrastructure and conditions of the Park, including but not limited to the condition of utilities and their connections, the parking lot, trees, restrooms, playground equipment, trails and pathways, boat launch, and dock. The inspection shall be codified in a document to illustrate the condition of the Premises at the end of the Transition Period. 3.3.4. Park Planning. After the conclusion of the Transition Period, the County shall: (1) assume primary responsibility for Park planning, (2) regularly consult with the City about such planning, and (3) organize at least two (2) community forums in the City during the Transition Period to hear suggestions from City residents. 3.3.5. Park Programming. During the Transition Period, OCPRC may organize and host mutually agreed upon recreation programs, events, volunteer activities, and other activities. 3.4. Environmental Condition. 3.4.1. Environmental Assessments. During the Transition Period, OCPRC shall examine the Premises and perform a Phase I Environmental Site Assessment (ESA), Phase II ESA, and any additional environmental assessments that OCPRC deems necessary, in its sole discretion and at its sole cost. 3.4.2. Copies of Environmental Assessments. Upon request by the City, OCPRC will provide the City with a copy of the Phase I ESA, Phase II ESA, and any other environmental assessments. OCRPC shall take possession of the Premises subject to Page 6 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION the Phase I ESA, the Phase II ESA, and any other environmental assessments performed pursuant to this Section. 3.5. Termination Related to Environmental Assessments. Notwithstanding any other provision, OCPRC may terminate this Agreement prior to the end of the Transition Period, if OCPRC is not satisfied with the condition of the Premises as evidenced by the Phase I ESA, the Phase II ESA or other environmental assessment performed pursuant to this Section. 4. PARK GOVERANCE & OPERATIONS. 4.1. Agreement Administration. The City Manager or their successor or their written designee is the City’s Agreement Administrator (hereinafter “the City’s Representative”). The OCPRC Director or their successor or their written designee is OCPRC’s Agreement Administrator (hereinafter “OCPRC’s Representative”). Each Party must notify the other of their written designees. 4.2. Disputes. All disputes arising under or relating to the interpretation, performance, or nonperformance of this Agreement involving or affecting the Parties shall first be submitted to the City Representative and the OCRPC Representative for possible resolution. If the City Representative and the OCPRC Representative cannot resolve the dispute, then the Parties shall submit the dispute to the County attorney and City attorney for resolution. If the attorneys cannot resolve the dispute, then the Parties shall submit the dispute to mediation or arbitration. 4.3. Park Management and Operations. Except as otherwise provided by this Agreement, OCPRC shall manage and operate the Park in a manner consistent with other OCPRC Parks, OCPRC policies, the OCPRC 5-Year Parks and Recreation Master Plan (“OCPRC Master Plan”), and the plans and programs set forth and described herein. The OCPRC Master Plan can be found on the OCPRC website and includes the following core values: (a) Diversity, Equity, and Inclusion, (b) Health and Wellness, (c) Environmental Sustainability and Natural Resource Stewardship, and (d) Fiscal Responsibility and Organizational Excellence. OCPRC shall manage and operate the Park with OCPRC staff, volunteers, and contractors. 4.4. Park Improvement Projects. OCPRC shall be responsible to provide and perform (either directly or through third parties) improvements for the Park. This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. All Capital Improvement Projects shall become an integral part of the Premises and shall be owned by the City. OCPRC shall provide an annual report on the Capital Improvement Projects completed in the Park to the City’s Representative. 4.5. Park Maintenance/Repairs. OCPRC shall be responsible to provide and perform (either directly or through third parties) maintenance and repairs for the Park. This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. 4.6. Park Utilities and Services. OCPRC shall be responsible to provide the utilities and services it deems necessary for the operation of the Park. The provision of and costs for the utilities shall be set forth in the plans and programs set forth and described herein. However, OCPRC shall not authorize or approve any easements or other encumbrances to, on, or across the Park or the Premises unless mutually agreed to by the parties in writing. Page 7 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION 4.7. Park Action Plan. By March 31, 2024, OCPRC shall create a Park Action Plan. The Park Action Plan shall be created pursuant to OCPRC’s current policies and procedures, but shall include provisions related to the City of Madison Heights Parks and Recreation Master Plan. Once completed, OCPRC shall submit the Park Action Plan to the City Representative for comments and recommendations. The Park Action Plan shall not be approved or implemented by OCPRC without prior written approval by the City Representative and a majority vote of the City’s City Council. The City Representative shall submit its comments and recommendations to the OCPRC Representative within thirty (30) Days of receipt of the Park Action Plan. OCPRC Representative shall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations. Notwithstanding any other provision, if the City Council does not approve the Park Action Plan by June 30, 2024, the County may terminate this Agreement. Such termination shall not be deemed a breach or default of the City. Modifications to the Park Action Plan shall be codified according to the procedure set forth in this Section. 4.8. Park Capital Improvement Plan. When OCPRC deems necessary, OCPRC shall create a Park Capital Improvement Plan (“CIP”) forecasting Capital Improvement Projects for a five (5) year period. The CIP shall be created pursuant to OCPRC’s current policies and procedures and shall be included in OCPRC’s annual CIP. Once completed, OCPRC shall submit the CIP, applicable to the Park, to the City Representative for comments and recommendations. The City Representative shall submit its comments and recommendations to the OCPRC Representative within forty-five (45) Days of receipt of the CIP. OCPRC shall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations; however, OCPRC is not obligated to incorporate such comments and recommendations into the CIP. After receiving the City Representative’s written approval of the CIP, OCPRC shall commence to have the CIP adopted and implemented pursuant to its policies and procedures. Modifications to the CIP shall be codified according to the procedure set forth in this Section. 4.9. Park Access/Parking. OCPRC shall be responsible to determine how Park patrons will access the Park (ingress to and egress from the Park). This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. In no event shall any resident of the City incur any fee or charge for entering the Park or Premises or for parking their car in or on the Park or Premises. 4.10. Endangered Species. OCPRC acknowledges that the Premises or portions thereof may be subject to restrictions or closures, if endangered species are present. 4.11. Park Rules. During this Agreement, the Park and Premises shall be subject to OCPRC Rules and Regulations and OCPRC policies and procedures, except as otherwise provided by this Agreement. 4.12. Signs. OCPRC shall be responsible for and is permitted to erect signs to identify the Park and features/structures located therein and to erect other signs that are typical and/or necessary at a public park of this nature. 4.13. Volunteers. OCPRC will use volunteers at the Park in various capacities, including existing volunteers and volunteer groups. All volunteers providing volunteer service at the Park shall become part of OCPRC’s volunteer program. 4.14. Sponsorship of Events/Programs at Park by Third Parties. Without approval from the Page 8 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION City, OCPRC may solicit or accept sponsorship of events/programs at the Park by third- parties, pursuant to OCPRC’s policies and procedures. 4.15. Use of Park by Third Parties. Notwithstanding any other provision in this Agreement, OCRPC may license use of the Park to third parties for events or programs, without approval from and notification to the City. OCPRC shall allow such use via written agreement with the third party, pursuant to OCPRC’s policies and procedures. OCPRC shall notify the City in writing of events and programs of significant size. To avoid scheduling conflicts at the Park, all third parties desiring to use the Park for events or programs shall schedule such use through OCPRC. The written agreement for use of the Park by third parties shall also include the City as an indemnified party and additional insured as well, if insurance is required. 4.16. Use of Park by the City. The City may use the Park for City-sponsored events or programs at no cost, charge, or fee, if such use does not conflict with scheduled events or programs. To avoid scheduling conflicts at the Park, the City shall reserve use of the Park for its events or programs, through OCPRC. The City shall be responsible for all costs associated with the setup, operation, and cleanup of such events or programs. 5. PARK FINANCES. 5.1. Initial OCPRC Investment. The County shall make an initial investment of, not less than One Million Five Hundred Thousand ($1,500,000) dollars, for Park operations, management, planning, maintenance, and improvements (“Initial Park Investment”). 5.2. Establishment of Park Fees & Charges. OCPRC shall establish all Park Fees and Charges at the Park. The Park Fees and Charges shall be created, adopted, and implemented pursuant to OCPRC’s current policies and procedures. Notwithstanding any other provision in this Agreement, at no time shall City Residents and Oakland County Residents be charged a fee for entry into the Park or the Premises or for parking at the Park or on the Premises. 5.3. Park Revenue. Subject to applicable law, all Park Revenue shall be paid to OCPRC and shall be deemed OCPRC’s. OCPRC shall record the monies of all Park Revenue according to generally accepted accounting principles and in a manner similar to how OCPRC records other revenue it collects and receives. 5.4. Annual Accounting and Audits. OCPRC shall provide the City with an annual accounting of Park Revenue consistent with OCPRC’s policies and procedures. The City has the right to annually review and audit OCPRC’s records related to Park Revenue. 5.5. Park Grants. 5.5.1. Existing Grants. The City has received three Michigan Department of Natural Resources grants relating to property acquisition and development: December 15, 1982 State Recreation Land Acquisition Trust Fund MLTF#492 – Simonds Woods Nature Area Trust Fund Project Agreement; June 1, 1994 Protecting Michigan’s Future Recreation Bond Program BF93-090 – Suarez Woods Nature Center Development Project Agreement; and July 7, 1999 Michigan Natural Resources Trust Fund TF97-032 – Suarez Woods Parks Expansion. As a condition of this Agreement, the City affirms its grant obligations and the County agrees to the terms, promises, conditions, and assurances set forth in the terms and conditions of these three grant agreements. 5.5.2. Future Grants. The Parties shall use their best efforts to work together to secure Page 9 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION grant funding for Park expansion, development, improvements, operation, and maintenance. OCPRC shall be responsible for applying for and managing grants related to the Park. 6. ASSURANCES/LIABILITY/INSURANCE. 6.1. Title to Premises. The City warrants that it has fee simple title to the Premises and the authority to enter into this Agreement. The City, at its sole expense, shall defend (including payment of attorney fees) OCPRC against any Claim challenging the City’s right to execute this Agreement or OCPRC’s use of the Premises as set forth herein. 6.2. Liability for Claims. Except as otherwise provided herein, each Party shall be responsible for any Claims made against that Party by a third-party and for the acts or omissions of its employees, volunteers, officers, or officials arising under or related to this Agreement. 6.3. Liability for Claims Prior to the Agreement Effective Date. The City shall be solely responsible for and shall defend (including payment of attorney fees) OCPRC against, at the City’s sole expense, any Claim that occurred prior to the Effective Date or that was incurred but not reported prior to the Effective Date, except for Claims arising from OCPRC’s use of the “Nature Center” portion of the Premises, as described in Exhibit A, since the October 1, 2012 and February 3, 2022 lease of the George W. Suarez Friendship Woods at Red Oaks County Park. 6.4. Liability for Environmental Matters. Notwithstanding any other provision, OCRPC shall not be responsible to perform or pay for remediation or clean-up of any environmental contamination on or around the Premises, which existed on the Premises prior to the Effective Date and/or discovered by the Phase I ESA, Phase II ESA, or any other environmental assessments performed pursuant to this Section 3, except for remediation or clean-up arising from OCRPC’s use of the “Nature Center” portion of the Premises, as described in Exhibit A, since the October 1, 2012 and February 3, 2022 lease of the George W. Suarez Friendship Woods at Red Oaks County Park. 6.5. Legal Representation. Except as provided herein, each Party shall seek its own legal representation and bear the costs associated with such representation, including judgments and attorney fees, for any Claim that may arise from the performance of this Agreement. 6.6. Responsibility for Costs/Fines/Fees. Each Party shall be solely responsible for all costs, fines, and fees associated with any acts or omissions by its employees, volunteers, officers, or officials arising under or related to this Agreement. 6.7. No Indemnification/Reimbursement. Except as otherwise provided for in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be indemnified or reimbursed by the other Party or any of its agents in connection with any Claim. 6.8. Governmental Function/Reservation of Rights. Performance of this Agreement is a governmental function and government service. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 6.9. Limitation of Liability. In no event shall either Party be liable to the other Party or any other person, for any consequential, incidental, direct, indirect, special, and punitive or other damages arising out of this Agreement. Page 10 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION 6.10. Insurance. 6.10.1. Except for the insurance set forth in Section 6.10.2 and Section 6.10.3, this Agreement does not require either Party to obtain insurance to cover loss exposures associated with this Agreement and the Park. Each Party is solely responsible to determine whether it will obtain insurance, and in what amounts, to cover loss exposures associated with this Agreement and the Park. 6.10.2. If a Party purchases a special event insurance policy for use the Premises, for whatever reason, then the Party shall name the other Party and its boards, commissions, elected and appointed officers/officials, employees, and volunteers as “additional insureds” on such policy. 6.10.3. The City, at its sole cost, shall obtain real property insurance for existing buildings and structures located on the Premises and for any future buildings and structures located on the Premises whether built by the City or OCPRC. If a building or structure that is covered by the City’s real property insurance is damaged or destroyed, OCPRC shall repair or replace the building or structure and the City shall reimburse OCPRC for all costs associated with the repair or replacement of such building or structure. OCPRC shall invoice the City for the costs of the repair or replacement and the City shall pay such invoice within thirty (30) calendar Days. 6.11. Waste. OCPRC shall not commit or allow to be committed any waste or nuisance on the Premises and will not use, or allow the Premises to be used, for any unlawful purpose. 6.12. Compliance with Laws. 6.12.1. OCPRC shall comply with all applicable federal, state, or local laws, regulations, rules, and ordinances related to the operation, management, planning, maintenance, and improvement of the Premises and Park. OCPRC shall obtain any necessary permits regarding its use of the Premises. 6.12.2. OCPRC acknowledges that any violations of the federal, state, or local regulations or convictions of any resource violations may be considered a default by OCPRC and the City may terminate this Agreement, as provided herein. 6.12.3. The Parties acknowledge that the Initial Park Investment are monies from the Coronavirus Local Fiscal Recovery Fund allocated to the County pursuant to the American Rescue Plan Act of 2021. The County has determined that the work to be performed with the Initial Park Investment are government services that fit into the loss revenue eligible use category under the Department of Treasury Final Rule implementing the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan of 2021. 31 CFR §35.6(d) (2023). 6.13. Authorization. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 7. GENERAL TERMS AND CONDITIONS. 7.1. No Interest in Premises. Through this Agreement, OCPRC shall have no title interest in and/or to the Premises or any portion thereof and has not, does not, and will not claim any Page 11 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION such title or any easement over the Premises. 7.2. Delegation or Assignment. Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. For purposes of this Section, consent for the County shall be given by the OCPRC Director or his/her successor and consent for the City shall be given by the City Representative. 7.3. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between County and the City. 7.4. No Third-Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 7.5. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 7.6. 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, conditions, and provisions of this Agreement shall remain in full force. 7.7. Captions. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural, any reference to gender, and any use of the nominative, objective or possessive case in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 7.8. Force Majeure. Notwithstanding any other term or provision of this Agreement, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, floods, fire, explosion, vandalism, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, other labor difficulties, or any law, order, regulation, direction, action, or request of the United States government or of any other government. Reasonable notice shall be given to the affected Party of any such event. 7.9. Notices. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first-class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (i) the date of actual receipt; (ii) the next business day when notice is sent express delivery service or personal delivery; or (iii) three days after mailing certified U.S. mail. 7.9.1. If Notice is sent to County, it shall be addressed and sent to: OCPRC Director, 2800 Page 12 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION Watkins Lake Road, Waterford, Michigan 48328 and the Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341. 7.9.2. If Notice is sent to the City, it shall be addressed and sent to City Manager, City of Madison Heights 300 West 13 Mile Road, Madison Heights, MI 48071. 7.9.3. Either Party may change the individual to whom Notice is sent and/or the mailing address by notifying the other Party in writing of the change. 7.10. Governing Law/Consent To Jurisdiction And Venue. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 7.11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original agreement, but all of which together shall constitute one Agreement. Copies (photo, fax, or electronic) of signatures to this Agreement will be deemed originals and may be relied on to the same extent as originals. 7.12. Entire Agreement. This Agreement represents the entire agreement and understanding between the Parties regarding the maintenance, operation, and management of the Park and the Premises. This Agreement supersede all other oral or written agreements between the Parties regarding that subject matter. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties agree and acknowledge that upon the date the Transition Period ends the February 3, 2022 lease for the George W. Suarez Friendship Woods at Red Oaks County Park shall terminate and that the January 24, 2011 Grounds Maintenance Agreement for the Red Oaks Youth Soccer Complex shall terminate. Upon termination of the Grounds Maintenance Agreement, OCPRC shall remove all OCPRC signage from the Youth Soccer Complex. Page 13 of 13 MADISON HEIGHTS - INTERLOCAL AGREEMENT-FINAL VERSION IN WITNESS WHEREOF, ______________________________________has been authorized by a resolution of the City, to execute this Agreement. EXECUTED: ____________________________________ DATE:______________ WITNESSED:_____________________________________ DATE:______________ IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement. EXECUTED: ____________________________________ DATE: ______________ David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: _____________________________________ DATE: _______________ EXECUTED: ____________________________________ DATE: ______________ Gary McGillivray, Chairperson Oakland County Parks and Recreation Commission WITNESSED: _____________________________________ DATE: _______________ August 23, 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 June 15, 2023 the Board of Commissioners for Oakland County entered into an agreement per MR #23109 – Parks and Recreation – Park Operations Partnership Agreement with the City of Madison Heights. 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 Madison Heights, 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 Cheryl Rottman, Clerk, City of Madison Heights Jami Monte, Staff Assistant, Parks and Recreation Enclosures Roslyn Grafstein 1 City Council Regular Meeting Madison Heights, Michigan June 26, 2023 A City Council Regular Meeting was held on Monday, June 26, 2023 at 7:30 AM at City Hall - Council Chambers, 300 W. 13 Mile Rd. PRESENT Mayor Roslyn Grafstein Councilwoman Toya Aaron Mayor Pro Tem Mark Bliss Councilman Sean Fleming Councilor Emily Rohrbach Councilman David Soltis Councilor Quinn Wright OTHERS PRESENT City Manager Melissa Marsh Assistant City Attorney Jeffrey Sherman City Clerk Cheryl Rottmann Councilor Rohrbach gave the invocation and the Pledge of Allegiance followed. CM-23-158. Addition to the Agenda. Motion made by Councilor Rohrbach, Seconded by Councilwoman Aaron, to add Recommendation of Special Counsel under Reports Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. PRESENTATIONS: 2023 Bike Rodeo Bicycle Winners Chief Haines announced the Bike Rodeo winners Quinlin McAlpine and Evan Brook. He presented both with bikes from Trek Bike purchased by sponsor Michigan Schools & Government Credit Union and thanked Trek Bike for helping with the Rodeo. Michigan Schools & 2 Government Credit Union Community Relations Specialist Monique Harlan and Assistant Branch Manager Jacki Kettlewell gave statements on behalf of MSGCU reiterating their commitment to the community. MEETING OPEN TO THE PUBLIC: Kevin Wright, resident, and President of the Madison Heights Citizens United Board of Directors spoke regarding the Juneteenth event. He stated that the celebration was amazing and thanked the Board of Directors, volunteers, sponsors for their work and assistance. There was a palpable sense of community in the air with all ages, races, and faiths celebrating freedom. He stated that he appreciates all those that took the time at the education information displays. He is grateful to all those that took part and looks forward to an even more impactful celebration next year. Loving our neighbor was in the air and he is proud of his community. Martha Covert agreed that Juneteenth was a very nice event. She reminded the HREC that permits are required to cook in the park. There are laws and ordinances for a reason, and we are all obligated to follow them. CM-23-159. Consent Agenda. Motion made by Mayor Pro Tem Bliss, Seconded by Councilor Wright, to approve the Consent Agenda as read. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. CM-23-160. Amendment 1 - Interlocal Agreement with Oakland County Senior Matching Grant. Motion made by Mayor Pro Tem Bliss, Seconded by Councilor Wright, to approve the Interlocal Agreement with Oakland County to participate in the Oakland Together Senior Grant as amended and authorize the City Manager to execute this agreement on behalf of the City. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. 3 CM-23-161. Special City Council Meeting Minutes of June 12, 2023. Motion made by Mayor Pro Tem Bliss, Seconded by Councilor Wright, to approve the Special City Council Meeting minutes of June 12, 2023, as printed. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. CM-23-162. Regular City Council Meeting Minutes of June 12, 2023. Motion made by Mayor Pro Tem Bliss, Seconded by Councilor Wright, to approve the Regular City Council Meeting minutes of June 12, 2023, as printed. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. CM-23-163. Confirmation of Appointment of Police Chief. Motion made by Councilor Rohrbach, Seconded by Councilman Fleming, pursuant to Section 3.6 of the City Charter, to confirm the City Manager's appointment of Brent LeMerise to the position of Police Chief of the City of Madison Heights, effective July 1, 2023. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. CM-23-164. CED Microfiche Digital Conversion Project. Motion made by Mayor Pro Tem Bliss, Seconded by Councilwoman Aaron, to approve an agreement with the DTMB, taking advantage of the existing State service agreement for imaging service, including uploading this data to the Laserfiche Cloud System not to exceed $50,000, as well as the annual storage costs of this additional data in the cloud system estimated at $1,500 annually for ongoing storage. 4 Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. CM-23-165. Amendments to FY 2022-23 Budget and Carryforwards to Amend FY 2023-24. Motion made by Councilwoman Aaron, Seconded by Councilor Wright, to approve the amendments to the FY 2022-23 Budget and Carryforwards as attached and appropriate the necessary funds. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. CM-23-166. School Resource Officer (SRO) Agreement for the Lamphere District. Motion made by Councilwoman Aaron, Seconded by Councilor Wright.to approve the agreement with Lamphere Schools for a School Resources Officer for the FY 2023 -24 school year. In response to Council’s questions, Chief Haines stated an officer is selected for this position and will be going to training in July and starting at Lamphere in the beginning of the year. During the off-school times, they will assist at the station. He also stated that the City discussed this position with both school districts; however, the Madison District did not get the grant to assist with the funding of the position and they are hoping to be able to do so in the next school year. The Police Department continue to community police at the Madison District. Chief Haines stated that there are State requirements for this position and our officer will be trained by the State Police. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. 5 CM-23-167. Twelve/Sherry Park Renaming and Interlocal Agreement with Oakland County Parks and Recreation Commission for Park Operations. Motion made by Councilor Rohrbach, Seconded by Councilwoman Aaron, to approve the Interlocal agreement with OCPRC allowing the proposed changes to take place at: Ambassador Park, George W. Suarez Friendship Woods and Nature Center, and the Red Oaks Youth Soccer Complex. Chris Ward and Jess Whatley from Oakland County Parks and Recreation Commission presented the County’s park vision for Council. Mr. Ward stated the County has a long-standing relationship with Madison Heights and are excited to continue the partnership. The vision includes an intergenerational activity center, natural elements, incorporate universal accessibility, fosters engagement, and includes a restroom, pavilion, fitness area, and play hub. These are all preliminary ideas/concepts for space. The OCPRC will be back with a final plan after public engagement. Council thanked the OCPRC for bringing the plan to the City and for the partnership with Oakland County. Council emphasized the desire of not only having the park be ADA accessible but designed for universal access. Other concerns included what type of materials would be used for the flooring of the play equipment, parks remaining free for Madison Heights residents, improved signage at Suarez Friendship Woods, and the need for public engagement. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. CM-23-168. Amend City Council Motion CM-23-33 to rename Twelve-Sherry Park to McGillivray Park. Motion by Mayor Pro Tem Bliss, Seconded by Councilor Rohrbach, to amend Council motion CM-23-33 to rename Twelve-Sherry Park to McGillivray Park in honor of Gary McGillivray. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilman Soltis, Councilor Wright Motion carried. 6 CM-23-169. Recommendation of Special Counsel from Closed Executive Session. Motion by Mayor Pro Tem Bliss, Seconded by Councilor Rohrbach to adopt the recommendation of Special Counsel from the Closed Executive Session. Voting Yea: Mayor Grafstein, Councilwoman Aaron, Mayor Pro Tem Bliss, Councilman Fleming, Councilor Rohrbach, Councilor Wright Voting Nay: Councilman Soltis Motion carried 6-1. COUNCIL COMMENTS: Councilwoman Aaron congratulated the Bike Rodeo winners. She noted that Juneteenth was an incredibly organized event with a great crew. People attended from all over and the event was well attended. The Fireworks were a great show last night, despite the inclement weather. Despite obstacles, Brooke did an excellent job. Red Oaks Water Park is open, while hours are shortened, it is a great park to spend time with your family. She stated that she is going to miss Chief Haines and it has been incredible to work with you; you have done a great job. Mayor Pro Tem Bliss agreed that Juneteenth was a phenomenal festival and noted his family had a great time. He recognized that this is a special event run by a non-profit and that it is difficult for volunteers to put on such a large-scale event, so thank you to Mr. Wright for all your efforts. Chief Haines, we will see you around and it has been an honor and privilege to work with you. Chief Haines has been a Madison Heights institution - you are greatly appreciated and will be incredibly missed; we are thankful for the time you invested into the City. He stated that tonight we dedicated the pavilion at Monroe Park to former Councilman Bob Gettings. This is a beautiful park and pavilion, be sure to visit and read the signage on what Councilman Gettings has done for the community, Councilor Wright stated that he enjoyed the Bob Getttings' dedication this evening. Kudos to Kevin Wright for the job he and his whole board have done on the Juneteenth event. Your mission was accomplished, and everyone was enjoying themselves, the culture, the food and the atmosphere. He expressed kudos to our community on how to do this event right. Thank you to Oakland Community Health network for attending Juneteenth. He congratulated Quinyn and Evan on winning their bikes. The HREC is partnering with the Michigan Jewish Historical Society for lectures and a bus tour on the intersection of Black, Jewish and Detroit cultures in this area. The historical lectures are on July 26 and August 2nd. The tour is on August 6th; more details will follow as they are available. He wished a Happy Independence Day to all. He shared an interaction with Chief Haines as a resident and how Chief Haines made him feel like he was ready to listen and noted that meant the world to him. He appreciates Chief Haines service to the City. 7 City Attorney Sherman stated that speaking on behalf of his firm it has been his distinct honor to work with Chief Haines. We have worked very closely over the years, and we wish him the best in his future endeavors. City Manager Marsh thanked Chief Haines for the impact he has had on the community, t he residents, and the employees. Your impact will continue to be felt in the city. She thanked the Recreation Department, DPS and Police for toughing it out for the fireworks last night. She clarified why the fireworks were not rescheduled, noting there was no rain dates or refunds available to the City, and noted the fireworks provider is a professional company that had 60 other shows booked through the 4th. We were very aware of citizens safety and stated that the Police did a great job. She commented that she was pleased that the City honored Bob Gettings tonight at the pavilion dedication. She noted July 17th will be the renaming dedication at 12/Sherry Park. City Clerk Rottmann congratulated Chief Haines on his retirement and commented that he was a great mentor and colleague. Councilor Rohrbach thanked Chief Haines for all his service and stated that we appreciate and thank you. She echoed the comments on Juneteenth. She attended the City-wide garage sale and there were people everywhere - it was almost like a neighborhood party and an extension of the community. Starting July 1st, you will see artwork by people with disabilities from throughout Michigan at the Library. On 7/22 there will be a reception and community art project collaboration of Arts Board, HREC and the Michigan Statewide Independent Living Council. The Americans with Disabilities Act Pride Month is July, and we will be celebrating please come out and support. She appreciates all the comments on making sure our parks are ADA accessible. Councilman Fleming stated that he too is happy about the success of Juneteenth and appreciates the work of the Wrights; the entire parking lot of Lamphere was full. Congratulations to Chief Haines and good luck on your retirement; I know you will still be around. He is holding office hours tomorrow at library from 10 a.m. to 12 p.m. or you can reach him by email at seanfleming@madison-heights.org with any comments or concerns. Councilman Soltis stated that he is very happy for Chief Haines on his retirement and know he is going to continue to do fantastic things. He has been friends with Chief Haines and stated one of his proudest moments is their work on the SIU and how it came together. Chief Haines did a fantastic job implementing it. Chief Haines also assisted with the senior trip to Lansing and that also was a great experience. We will miss you, but we will keep in touch. Mayor Grafstein stated that when she was frustrated with the school parking lot several years ago, Chief Haines assisted with the problem and over the years there has been many times he has come to the rescue. Great job on the Juneteenth and she noted there were three tables focusing on mental health, highlighting the need in the community. Because of Juneteenth, she has been contacted about hosting concerts in the City. When we have events like this, it brings people to the city and the city benefits. Last night she was able to watch the fireworks and she thanked the police and reserves for their work. She thanked everyone for attending the Bob Gettings' dedication. She 8 noted that microfiching of documents is important so that we can remember our past and she spoke of her grandfather and his writings and how history is captured. She asked staff for clarification on the grilling at City events. The next regular City Council meeting is July 10th. ADJOURNMENT Having no further business, Mayor Grafstein adjourned the meeting at 8:44 p.m. Roslyn Grafstein, Mayor Cheryl E. Rottmann, City Clerk CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2022-23 FY 2022-23 Prior FY 2022-23 1 Adopted Budget FY 2021-22 Carryforward Approved 6/26/2023 6/26/2023 Amended Amendments Amendments Carryforward Budget General Fund (101) Revenues Property Taxes $ 22,591,420 $ - $ - $ - $ - $ 22,591,420 Business Licenses/Permits 417,800 - - 103,820 - 521,620 Non-Business License/Permits 668,525 - - - - 668,525 Federal Shared Revenues 1,571,062 - - 119,871 - 1,690,933 State Shared Revenues 5,819,092 - - 47,051 - 5,866,143 Other Governmental Revenues 165,956 - - - - 165,956 County Shared Revenues 61,000 - 80,000 - - 141,000 SMART Shared Revenues 70,019 - - - - 70,019 Court Revenues 1,374,000 - - - - 1,374,000 Charges for Services 262,730 - - - - 262,730 Sales - Miscellaneous 16,874 - - - - 16,874 Recreation Program Revenues 234,000 - - - - 234,000 Miscellaneous Revenues 1,651,663 - - 24,258 - 1,675,921 Sale of Fixed Assets 50,000 - - - - 50,000 Departmental Charges 891,480 - - - - 891,480 Transfers 84,869 - - - - 84,869 (Contr. To)/Use of Fund Balance 5,299,210 1,360,325 2,082,105 - (2,090,537) 6,651,103 Total Revenues $ 41,229,700 $ 1,360,325 $ 2,162,105 $ 295,000 $ (2,090,537) $ 42,956,593 Expenditures Mayor & Council $ 58,306 $ - $ - $ - $ - $ 58,306 City Manager 262,383 2,600 - - - 264,983 Finance 793,202 - - - - 793,202 City Clerk 398,073 - - - (4,567) 393,506 Information Technology 292,317 - 18,561 - (15,000) 295,878 Insurance 266,800 - - - - 266,800 Board of Review 3,043 4,200 - - - 7,243 General Administration 338,619 - - - (1,000) 337,619 Assessing 219,021 - 8,755 - - 227,776 Election 83,638 - - - (18,180) 65,458 DPS-Municipal Building 58,588 - 50,000 - - 108,588 Legal 335,695 - - 40,000 - 375,695 DPS-Custodial & Maintenance 190,442 - 80,000 - - 270,442 Human Resources 473,001 - - - (2,110) 470,891 District Court 1,459,129 354,600 - - (61,506) 1,752,223 Police 12,602,204 418,257 177,224 - (694,335) 12,503,350 Fire 7,520,989 - 42,839 250,000 (624,339) 7,189,489 DPS-Streets 1,105,331 29,244 - 5,000 - 1,139,575 DPS-Solid Waste 2,999,813 405,124 - - (150,000) 3,254,937 Community Development 1,138,451 1,500 - - (5,200) 1,134,751 DPS-Recreation 304,728 - - - - 304,728 DPS-Parks 1,099,691 137,300 - - (477,300) 759,691 DPS-Nature Center 59,600 - - - - 59,600 DPS-Active Adult Center 498,778 7,500 - - (37,000) 469,278 Library 913,384 - - - - 913,384 Pension Obligation Debt Services 1,028,279 - - - - 1,028,279 Transfer Out 6,726,195 - 1,784,726 - - 8,510,921 Total Expenditures $ 41,229,700 $ 1,360,325 $ 2,162,105 $ 295,000 $ (2,090,537) $ 42,956,593 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2022-23 FY 2022-23 Prior FY 2022-23 2 Adopted FY 2021-22 Approved 6/26/2023 6/26/2023 Amended Budget Carryforward Amendments Amendments Carryforward Budget Major Streets (202) - - - - - Maintenance 306,921 - - - - 306,921 Traffic Services 155,775 - - - - 155,775 Winter Maintenance 66,413 - - - - 66,413 Administration 8,988 - - - - 8,988 Transfers - - - - - - Total Expenditures $ 2,859,097 $ - $ - $ - $ - $ 2,859,097 Revenues State Shared Revenues $ 2,425,224 $ - $ - $ - $ $ 2,425,224 County Shared Revenues 78,919 - - - - 78,919 Miscellaneous Revenues - - - - - - Prior Years Fund Balance (548,884) 398,738 52,471 - (492,508) (590,183) Total Revenues $ 1,955,259 $ 398,738 $ 52,471 $ - $ (492,508) $ 1,913,960 Expenditures Construction $ 1,025,000 $ 246,738 $ 52,471 $ - $ (492,508) $ 831,701 Maintenance 163,332 12,000 - - - 175,332 Traffic Services 158,769 - - - 158,769 Winter Maintenance 199,468 140,000 - - - 339,468 Administration 10,484 - - - - 10,484 County Roads 98,206 - - - - 98,206 Transfers 300,000 - - - - 300,000 Total Expenditures $ 1,955,259 $ 398,738 $ 52,471 $ - $ (492,508) $ 1,913,960 Local Streets (203) Revenues Property Taxes $ 1,718,796 $ - $ - $ - $ - $ 1,718,796 State Shared Revenues 1,138,232 - - - - 1,138,232 Miscellaneous Revenue 5,000 - - - - 5,000 Transfers In 300,000 - - - - 300,000 Prior Years Fund Balance (302,931) - - - - (302,931) Total Revenues $ 2,859,097 $ $ $ - $ - $ 2,859,097 Expenditures Construction $ 2,321,000 $ $ $ - $ - $ 2,321,000 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2022-23 FY 2022-23 Prior FY 2022-23 3 Adopted Budget FY 2021-22 Carryforward Approved Amendments 6/26/2023 Amendments 6/26/2023 Carryforward Amended Budget Parks Maintenance & Improvement Fund (208) Revenues Miscellaneous $ 43,246 $ - $ - $ - $ - $ 43,246 Prior Years Fund Balance - - - - - - Total Revenues $ 43,246 $ - $ - $ - $ - $ 43,246 Expenditures Parks Maintenance & Improvement $ 43,246 $ - $ - $ - $ - $ 43,246 Transfers - - - - - Total Expenditures $ 43,246 $ - $ - $ - $ - $ 43,246 Downtown Development Authority (248) Revenues Property Taxes $ 60,624 $ - $ - $ - $ - $ 60,624 State Shared Revenues 35,213 - - - - 35,213 Miscellaneous Revenue 250 - - - - 250 Prior Years Fund Balance 33,172 - - - (5,000) 28,172 Transfers In - - - - - - Total Revenues $ 129,259 $ - $ - $ - $ (5,000) $ 124,259 Expenditures Downtown Development $ 107,390 $ - $ - $ - $ (5,000) $ 102,390 Transfers 21,869 - - - - 21,869 Total Expenditures $ 129,259 $ - $ - $ - $ (5,000) $ 124,259 Drug Forfeiture Fund (265) Revenues Other Governmental Revenues $ 64,000 $ - $ - $ - $ - $ 64,000 Miscellaneous Revenue 250 - - - - 250 Transfers In - - - - - - Prior Years Fund Balance - - 43,708 - - 43,708 Total Revenues $ 64,250 $ - $ 43,708 $ - $ - $ 107,958 Expenditures Drug Forfeiture - State $ 64,250 $ - $ 43,708 $ - $ - $ 107,958 Total Expenditures $ 64,250 $ - $ 43,708 $ - $ - $ 107,958 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2022-23 FY 2022-23 Prior FY 2022-23 4 Adopted FY 2021-22 Approved 6/26/2023 6/26/2023 Amended Budget Carryforward Amendments Amendments Carryforward Budget Community Improvement Fund (276) Revenues Federal Shared Revenues Prior Years Fund Balance $ 145,607 - $ - $ - $ - $ - $ 145,607 - - - - - Total Revenues $ 145,607 $ - $ - $ - $ - $ 145,607 Expenditures Community Development $ 145,607 $ - $ - $ - $ - $ 145,607 Total Expenditures $ 145,607 $ - $ - $ - $ - $ 145,607 Municipal Building Bond (370) Revenues Transfers In $ 275,000 $ - $ 275,000 Total Revenues $ 275,000 $ - $ - $ - $ - $ 275,000 Expenditures Debt Service $ 275,000 $ - $ 275,000 Total Expenditures $ 275,000 $ - $ - $ - $ - $ 275,000 Fire Station Debt Service (372) Revenues Property Taxes $ 409,886 $ - $ - $ - $ - $ 409,886 State Shared Revenues 25,000 - - - - 25,000 Prior Years Fund Balance 24,828 - - - - 24,828 Total Revenues $ 459,714 $ - $ - $ - $ - $ 459,714 Expenditures Debt Service $ 459,714 $ - $ - $ - $ - $ 459,714 Total Expenditures $ 459,714 $ - $ - $ - $ - $ 459,714 Fire Station Building (468) Revenues Transfers In $ 2,044,671 $ - 507,086 $ 2,551,757 Total Revenues $ 2,044,671 $ - $ 2,551,757 Expenditures Capital Outlay $ 2,044,671 $ - 507,086 $ 2,551,757 Total Expenditures $ 2,044,671 $ - $ 2,551,757 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2022-23 FY 2022-23 Prior FY 2022-23 5 Adopted FY 2021-22 Approved 6/26/2023 6/26/2023 Amended Budget Carryforward Amendments Amendments Carryforward Budget Municipal Building (470) Revenues Bond Proceeds $ 6,321,000 $ - $ - $ 6,321,000 Transfers In 4,406,524 - 1,277,640 5,684,164 Total Revenues $ 10,727,524 $ - $ 1,277,640 $ - $ - $ 12,005,164 Expenditures Capital Outlay $ 10,727,524 $ - $ 1,277,640 $ 12,005,164 Total Expenditures $ 10,727,524 $ - $ 1,277,640 $ - $ - $ 12,005,164 Water & Sewer Fund (592) Revenues Sales of Water $ 4,655,870 $ - $ - $ - $ - $ 4,655,870 Sales of Sewer 6,547,212 - - - - 6,547,212 Charges for Services 50,000 - - - - 50,000 Miscellaneous 143,800 - - - - 143,800 Sale of Fixed Assets 12,000 - - - - 12,000 Department Charges 115,000 - - - - 115,000 Transfers - - - - - - Prior Years Fund Balance 123,581 320,000 9,001 - (306,000) 146,582 Total Revenues $ 11,647,463 $ 320,000 $ 9,001 $ - $ (306,000) $ 11,670,464 Expenditures Sewage Disposal $ 4,813,502 $ - $ - $ - $ - $ 4,813,502 Water Purchased 2,421,155 - - - - 2,421,155 Water System Maintenance 836,569 - - - - 836,569 Water Tapping & Installation 43,500 - - - - 43,500 Sewer System Maintenance 597,053 - - - - 597,053 General Service Building 194,992 - - - - 194,992 General Administration 1,405,325 - - - - 1,405,325 Capital Outlay 1,183,580 320,000 9,001 - (306,000) 1,206,581 Debt Administration 151,787 - - - - 151,787 Total Expenditures $ 11,647,463 $ 320,000 $ 9,001 $ - $ (306,000) $ 11,670,464 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2022-23 FY 2022-23 Prior FY 2022-23 6 Adopted FY 2021-22 Approved 6/26/2023 6/26/2023 Amended Budget Carryforward Amendments Amendments Carryforward Budget Department of Public Services (650) Revenues Contributions - General Fund $ 681,392 $ - $ - $ - $ - $ 681,392 Contributions - Major Streets 137,762 137,762 Contributions - Local Streets 190,658 190,658 Contributions - Water/Sewer 1,234,447 - - - - 1,234,447 Prior Years Fund Balance - - - - - - Total Revenues $ 2,244,259 $ - $ - $ - $ - $ 2,244,259 Expenditures Department of Public Services $ 2,244,259 $ - $ - $ - $ - $ 2,244,259 Total Expenditures $ 2,244,259 $ - $ - $ - $ - $ 2,244,259 Motor Pool and Equipment Fund (661) Revenues Contributions - General Fund $ 890,023 $ - $ - $ - $ - $ 890,023 Contributions - Water/Sewer 104,188 - - - - 104,188 Fund Balance - - - - - Total Revenues $ 994,211 $ - $ - $ - $ - $ 994,211 Expenditures Motorpool $ 994,211 $ - $ - $ - $ - $ 994,211 Total Expenditures $ 994,211 $ - $ - $ - $ - $ 994,211 Chapter 20 Drain Debt Service Fund (870) Revenues Property Taxes $ 899,454 $ - $ - $ - $ - $ 899,454 Total Revenues $ 899,454 $ - $ - $ - $ - $ 899,454 Expenditures Services and Charges $ 191,000 $ - $ - $ - $ - $ 191,000 Debt Service 708,454 - - - - 708,454 Total Expenditures $ 899,454 $ - $ - $ - $ - $ 899,454 Total Other Funds $ 34,489,014 $ 718,738 $ 1,382,820 $ - $ (803,508) $ 36,294,150 Total General and Other Funds $ 75,718,714 $ 2,079,063 $ 3,544,925 $ 295,000 $ (2,894,045) $ 79,250,743 7 EXHIBIT A City of Madison Heights Explanation of Amendments for FY 2022-23 General Fund Revenues (101) Explanation Amount Account Number Business Licenses/Permits Marijuana State Payment $ 103,820 101-014-439-0000 Federal Shared Revenues FEMA Grant 119,871 101-021-505-5262 State Shared Revenue Local Community Stabilization Sharing 47,051 101-023-573-0000 Miscellaneous Revenue Interest Earned 24,258 101-044-665-5000 Prior Years Fund Balance Use of Fund Balance - 101-053-692-6970 Total General Fund Revenues $ 295,000 General Fund Expenditures (101) Explanation Amount Account Number Legal Expenses Legal Expenses $ 40,000 101-266-826-2000 Fire - Vehicles Quint (Phase Funding) 150,000 101-336-985-0000 Fire - Improvements Fire Station #1 - Roof Replacement (Phase Funding) 100,000 101-336-987-0000 Streets - Improvements Gateway Project Design 5,000 101-446-987-0000 Total General Fund Expenditures $ 295,000 Total General Fund Expenditures $ 295,000 Total Exhibit A Budget Amendments $ 295,000 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2023-24 General Fund (101) 2023-24 ORIGINAL BUDGET 2022-23 CARRY FORWARD 2023-24 AMENDED BUDGET Revenues 8 Property Taxes $ 24,439,961 $ - $ 24,439,961 Business Licenses/Permits 521,581 - 521,581 Non-Business License/Permits 668,525 - 668,525 Federal Shared Revenues 10,000 - 10,000 State Shared Revenues 6,115,901 - 6,115,901 Other Governmental Revenues 175,658 - 175,658 County Shared Revenues 51,139 - 51,139 SMART Shared Revenues 70,019 - 70,019 Court Revenues 1,519,000 - 1,519,000 Charges for Services 261,530 - 261,530 Sales - Miscellaneous 9,500 - 9,500 Parks and Recreation 264,000 - 264,000 Miscellaneous Revenues 1,667,163 - 1,667,163 Sale of Fixed Assets 50,000 - 50,000 Department Charges 821,480 - 821,480 Transfers In 2,204,406 - 2,204,406 Prior Years Fund Balance 10,157 2,090,537 2,100,694 Total Revenues $ 38,860,020 $ 2,090,537 $ 40,950,557 Expenditures Mayor & Council $ 58,606 $ - $ 58,606 City Manager 275,307 - 275,307 Finance 804,517 - 804,517 City Clerk 410,997 4,567 415,564 Information Technology 549,979 15,000 564,979 Insurance 267,590 - 267,590 Board of Review 3,043 - 3,043 General Administration 395,117 1,000 396,117 Assessing 228,309 - 228,309 Election 84,605 18,180 102,785 DPS-Municipal Building 60,878 - 60,878 Legal 375,000 - 375,000 DPS-Custodial & Maintenance 197,829 - 197,829 Human Resources 466,357 2,110 468,467 District Court 1,572,161 61,506 1,633,667 Police 13,637,187 694,335 14,331,522 Fire 9,450,680 624,339 10,075,019 DPS-Streets 1,358,313 - 1,358,313 DPS-Solid Waste 3,131,141 150,000 3,281,141 Community Development 1,289,288 5,200 1,294,488 DPS-Recreation 398,466 - 398,466 DPS-Parks 1,098,503 477,300 1,575,803 DPS-Nature Center 9,672 - 9,672 DPS-Active Adult Center 514,386 37,000 551,386 Library 937,946 - 937,946 Debt Services 1,027,043 - 1,027,043 Transfers Out 257,100 - 257,100 Total Expenditures $ 38,860,020 $ 2,090,537 $ 40,950,557 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2023-24 Major Streets (202) 2023-24 ORIGINAL BUDGET 2022-23 CARRY FORWARD 2023-24 AMENDED BUDGET Revenues 9 State Shared Revenues $ 2,491,266 $ - $ 2,491,266 County Shared Revenues 78,919 - 78,919 Miscellaneous Revenues - - - Prior Years Fund Balance 186,197 492,508 678,705 Total Revenues $ 2,756,382 $ 492,508 $ 3,248,890 Expenditures Construction $ 1,425,000 $ 492,508 $ 1,917,508 Maintenance 202,116 - 202,116 Traffic Services 522,925 - 522,925 Winter Maintenance 200,837 - 200,837 Administration 11,333 - 11,333 County Roads 94,171 - 94,171 Transfers Out 300,000 - 300,000 Total Expenditures $ 2,756,382 $ 492,508 $ 3,248,890 Local Streets (203) 2023-24 2022-23 2023-24 ORIGINAL CARRY AMENDED BUDGET FORWARD BUDGET Revenues Property Taxes $ 1,967,018 $ - $ 1,967,018 State Shared Revenues 1,163,510 - 1,163,510 County Shared Revenues 80,000 80,000 Miscellaneous Revenue 5,000 - 5,000 Transfers In 300,000 - 300,000 Prior Years Fund Balance (256,741) - (256,741) Total Revenues $ 3,258,787 $ - $ 3,258,787 Expenditures Construction $ 2,724,000 $ - $ 2,724,000 Maintenance 313,760 - 313,760 Traffic Services 147,555 - 147,555 Winter Maintenance 63,209 - 63,209 Administration 10,263 - 10,263 Transfers Out - - - Total Expenditures $ 3,258,787 $ - $ 3,258,787 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2023-24 Parks Maintenance & Improvement Fund (208 2023-24 ORIGINAL BUDGET 2022-23 CARRY FORWARD 2023-24 AMENDED BUDGET Revenues 10 Miscellaneous Revenue Prior Years Fund Balance $ 52,977 - $ - $ 52,977 - - Total Revenues $ 52,977 $ - $ 52,977 Expenditures Maintenance $ 52,977 $ - $ 52,977 Transfers Out - - Total Expenditures $ 52,977 $ - $ 52,977 Downtown Development Authority (248) 2023-24 2022-23 2023-24 ORIGINAL CARRY AMENDED BUDGET FORWARD BUDGET Revenues Property Taxes $ 174,548 $ - $ 174,548 State Shared Revenues 39,077 - 39,077 Miscellaneous Revenue 250 - 250 Prior Years Fund Balance (22,270) 5,000 (17,270) Transfers In - - - Total Revenues $ 191,605 $ 5,000 $ 196,605 Expenditures Downtown Development Authority $ 112,928 $ 4,395 $ 117,323 Capital Outlay 55,000 605 55,605 Transfers Out 23,677 - 23,677 Total Expenditures $ 191,605 $ 5,000 $ 196,605 Drug Forfeiture Fund (265) 2023-24 2022-23 2023-24 ORIGINAL BUDGET CARRY FORWARD AMENDED BUDGET Revenues Other Governmental Revenues $ - $ - $ - Miscellaneous Revenue Transfers In Prior Years Fund Balance 250 - 46,750 - - - 250 - 46,750 Total Revenues $ 47,000 $ - $ 47,000 Expenditures Police $ 47,000 $ - $ 47,000 Total Expenditures $ 47,000 $ - $ 47,000 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2023-24 Community Improvement Block Grant (276) 2023-24 ORIGINAL BUDGET 2022-23 CARRY FORWARD 2023-24 AMENDED BUDGET Revenues 11 Federal Shared Revenues Prior Years Fund Balance $ 145,805 - $ - $ 145,805 - - Total Revenues $ 145,805 $ - $ 145,805 Expenditures Community Development $ 145,805 $ - $ 145,805 Total Expenditures $ 145,805 $ - $ 145,805 Municipal Building Bond (370) 2023-24 2022-23 2023-24 ORIGINAL BUDGET CARRY FORWARD AMENDED BUDGET Revenues Transfers In $ 257,100 $ - $ 257,100 Total Revenues $ 257,100 $ - $ 257,100 Expenditures Debt Service $ 257,100 $ - $ 257,100 Total Expenditures $ 257,100 $ - $ 257,100 Fire Station Debt Service (372) 2023-24 2022-23 2023-24 ORIGINAL CARRY AMENDED BUDGET FORWARD BUDGET Revenues Property Taxes State Shared Revenues Prior Years Fund Balance $ - - - $ - - - $ - - - Total Revenues $ - $ - $ - Expenditures Debt Service $ - $ - $ - Total Expenditures $ - $ - $ - Fire Station Building (468) 2023-24 2022-23 2023-24 ORIGINAL BUDGET CARRY FORWARD AMENDED BUDGET Revenues Transfers In $ - $ - $ - Total Revenues $ - $ - $ - Expenditures Capital Outlay $ - $ - $ - Total Expenditures $ - $ - $ - CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2023-24 Municipal Building (470) 2023-24 ORIGINAL BUDGET 2022-23 CARRY FORWARD 2023-24 AMENDED BUDGET Revenues 12 Bond Proceeds Transfers In $ - $ - - $ - - - Total Revenues $ - $ - $ - Expenditures Capital Outlay $ - $ - $ - Total Expenditures $ - $ - $ - Water & Sewer Fund (592) 2023-24 2022-23 2023-24 ORIGINAL CARRY AMENDED BUDGET FORWARD BUDGET Revenues Sales of Water $ 5,395,832 $ - $ 5,395,832 Sales of Sewer 7,215,000 - 7,215,000 Charges for Services 45,000 - 45,000 Miscellaneous Revenue 143,800 - 143,800 Sale of Fixed Assets 12,000 - 12,000 Department Charges 115,000 - 115,000 Transfers In - - - Prior Years Fund Balance (753,583) 306,000 (447,583) Total Revenues $ 12,173,049 $ 306,000 $ 12,479,049 Expenditures Sewage Disposal $ 4,952,294 $ - $ 4,952,294 Water Purchased 2,490,593 - 2,490,593 Water System Maintenance 863,136 - 863,136 Water Tapping & Installation 43,500 - 43,500 Sewer System Maintenance 623,741 - 623,741 General Service Building 206,037 - 206,037 General Administration 1,426,984 - 1,426,984 Capital Outlay 1,415,159 306,000 1,721,159 Debt Service 151,605 - 151,605 Total Expenditures $ 12,173,049 $ 306,000 $ 12,479,049 Department of Public Services (650) 2023-24 2022-23 2023-24 ORIGINAL CARRY AMENDED BUDGET FORWARD BUDGET Revenues Department Charges $ 2,328,850 $ - $ 2,328,850 Prior Years Fund Balance - - - Total Revenues $ 2,328,850 $ - $ 2,328,850 Expenditures Department of Public Services $ 2,328,850 $ - $ 2,328,850 Total Expenditures $ 2,328,850 $ - $ 2,328,850 CITY OF MADISON HEIGHTS AMENDED BUDGET FY 2023-24 Motor Pool and Equipment Fund (661) 2023-24 ORIGINAL BUDGET 2022-23 CARRY FORWARD 2023-24 AMENDED BUDGET Revenues 13 Department Charges Prior Years Fund Balance $ 1,034,194 - $ - $ 1,034,194 - - Total Revenues $ 1,034,194 $ - $ 1,034,194 Expenditures Motorpool $ 1,034,194 $ - $ 1,034,194 Total Expenditures $ 1,034,194 $ - $ 1,034,194 Chapter 20 Drain Debt Service Fund (870) 2023-24 2022-23 2023-24 ORIGINAL CARRY AMENDED BUDGET FORWARD BUDGET Revenues Property Taxes Total Revenues Expenditures General Administration $ 850,187 $ $ 850,187 $ $ 150,000 $ - $ 850,187 - $ 850,187 - $ 150,000 Debt Service 700,187 - 700,187 Total Expenditures $ 850,187 $ - $ 850,187 Total Other Funds $ 23,095,936 $ 803,508 $ 23,899,444 Total General & Other Funds $ 61,955,956 $ 2,894,045 $ 64,850,001 EXHIBIT B City of Madison Heights Explanation of Carryforwards from FY 2022-23 to FY 2023-24 14 General Fund Revenues (101) Explanation Amount Account Number Prior Years Fund Balance Use of Fund Balance $ 2,090,537 101-053-6970-000 Total General Fund Revenues $ 2,090,537 General Fund Expenditures (101) Explanation Amount Account Number City Clerk - Contractual Services Ordinance update-zoning text rewrite $ 4,567 101-215-960-9060 IT - Computer Equipment Storage Area Network & Host Servers 15,000 101-228-982-0000 General Administration-Community Promotion Civic Center Plaza Grand Opening Event 1,000 101-248-880-0000 Elections - Forms and Printing Restock election envelopes/forms 8,000 101-262-729-0000 Elections - Contractual Services Election equipment maintenance & early voting costs 10,180 101-262-818-0000 HR - Training Staff Training 1,710 101-270-955-8600 HR - Education Staff Training 400 101-270-960-0000 Court - Machinery & Equip Court Recording Equipment 61,506 101-286-982-0000 Police - Tools and Supplies Vehicle Change Over 51,000 101-301-766-0000 Police - Computer Services ECW Phone Upgrades 56,400 101-301-818-3000 Police - Vehicles Animal Control Van #119 35,000 101-301-985-0000 Police - Improvements Police Department HVAC Replacement (Phase 1 of 3) 486,935 101-301-987-0000 Police - Improvements Basement Wall Waterproofing 10,000 101-301-987-0000 Police - Improvements Communications Conduit Reroute 25,000 101-301-987-0000 Police - Improvements Dispatch Floor Repairs 30,000 101-301-987-0000 Fire - Radio Maintenance Radio Upgrade 3,000 101-336-851-000 Fire - Furniture Recliner Replacement 4,500 101-336-981-5000 Fire - Machinery and Equipment Generator #553 70,000 101-336-982-0000 Fire - ALS Equipment Tactical Medic Gear 4,000 101-336-982-5000 Fire - Vehicles Quint (Phase Funding)' 150,000 101-336-985-0000 Fire - Vehicles Ambulance Rescue Truck R71 #713 140,000 101-336-985-0000 Fire - Improvements Kitchen Renovation 102,839 101-336-987-0000 Fire - Improvements Fire Station 1 - HVAC Replacement (Phase 1 of 3) 50,000 101-336-987-0000 Fire - Improvements Fire Station 1 - Roof Replacement 100,000 101-336-987-0000 Solid Waste - Vehicles Street Sweeper #402 (Phase 1 of 2) 150,000 101-528-985-0000 Community Development-Contractual Service City Portion of MEDC Grant Rewrite 5,200 101-728-818-0002 Parks - Improvements Rosie's - Gardenia Parking Lot 75,000 101-752-987-0000 Parks - Improvements Rosie's - Soccer Field Irrigation 20,000 101-752-987-0000 Parks - Improvements Rosie's - Pavilion 75,000 101-752-987-0000 Parks - Improvements Ballfield Lighting Upgrades 298,800 101-752-987-0000 Parks - Improvements Furnance Huffman Building 8,500 101-752-987-0000 Active Adult Center - Tools & Supplies Kitchen Items 5,000 101-758-985-0000 Active Adult Center - Vehicles Senior Van #469 32,000 101-758-985-0000 Total General Fund Expenditures $ 2,090,537 Major Street Fund Revenues (202) Explanation Amount Prior Years Fund Balance Use of Fund Balance $ 492,508 202-053-692-6970 Total Major Street Fund Revenues $ 492,508 Major Street Fund Expendidtures (202) Explanation Amount MS - Construction John R Overlay $ 492,508 202-450-988-0443 Total Major Street Fund Expenditures $ 492,508 Downtown Development Authority Revenues (248) Explanation Amount Account Number Prior years fund balance Use of Fund Balance $ 5,000 248-053-692-6970 Total Downtown Development Authority Revenues $ 5,000 Downtown Development Authority Expendidtures Explanation Amount Contractual Services Tree planting $ 4,395 248-863-818-0000 Improvements Tree planting 605 248-863-987-0000 Total Downtown Development Authority Expenditures $ 5,000 EXHIBIT B City of Madison Heights Explanation of Carryforwards from FY 2022-23 to FY 2023-24 15 Water & Sewer Revenues (590) Explanation Amount Account Number Prior years fund balance Use of Fund Balance $ 306,000 592-053-692-6970 Total Water & Sewer Revenues $ 306,000 Water & Sewer Expenditures (590) Explanation Amount Account Number WS - Capital Outlay - Vehicles Ford 3/4 ton pickup #460 $ 60,000 592-901-985-0000 WS - Capital Outlay - Improvements Concrete (Multiple Phases) 246,000 592-901-987-0000 Total Water & Sewer Expenditures $ 306,000 Total Exhibit B Carryforward items $ 2,894,045