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HomeMy WebLinkAboutInterlocal Agreements - 2025.02.11 - 42704 January 22, 2026 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 February 11, 2025, the Board of Commissioners for Oakland County entered into an agreement per MR #2025-4917 – Sheriff’s Office – Interlocal Agreement with the City of Birmingham to join the Oakland County Sheriff's Special Weapons and Tactics Team (SWAT). 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 Birmingham, 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, Corporation Counsel, Oakland County Liz Skwarczewski, Sheriff Rate & Grant Coordinator, OCSO Alexandria Bingham, Clerk, City of Birmingham Enclosures AGENDA ITEM: Interlocal Agreement with the City of Birmingham to join the Oakland County Sheriff's Office Special Weapons and Tactics Team (SWAT) DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Tuesday, February 11, 2025 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2025-4917 Motion to approve the Interlocal Agreement with the City of Birmingham to join the Oakland County Sheriff's Office Special Weapons and Tactics Team (SWAT); further, authorize the Chair of the Board of Commissioners to execute the agreement. ITEM CATEGORY SPONSORED BY Interlocal Agreement Penny Luebs INTRODUCTION AND BACKGROUND The Sheriff’s Office has an established Special Weapons and Tactics Team (SWAT) of specially trained Oakland County Sheriff’s deputies who respond to high-risk and critical incidents. Several agencies have requested to join the Oakland County Sheriff’s Office SWAT Team. POLICY ANALYSIS Oakland County Sheriff's Office responsibilities include: (5.1.1.) Training for the Municipality- employee SWAT team member, (5.1.2.) Deputation of the Municipality-employee SWAT team member, as set forth in Section 6, (5.1.3.) Liability protection for the Municipality-employee SWAT team member as set forth in Section , (5.2.) The OCSO will dispatch its SWAT team to provide aid to the Municipality on an as-needed and as-available basis, as solely determined by the Sheriff using generally accepted standards for police protection. Set forth in Section 4.3, all employment-related costs of the Municipality-employee, including, but not limited to, wages, salary, overtime, benefits, local, state and federal taxes associated with employment, and worker’s compensation, shall be the sole responsibility of the Municipality at all times. No budget adjustment is needed, as the Risk Management Insurance Budget has sufficient funds to absorb the addition of this agreement. In 2021, via MR #21034, the annual participation fee of $2,500 was eliminated, to ensure the fee was not a deterrent for agencies to be able to participate in the SWAT team partnership. BUDGET AMENDMENT REQUIRED: No Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Gaia Piir, Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 2/11/2025 AGENDA DEADLINE: 02/21/2025 7:36 PM ATTACHMENTS 1. City of Birmingham Interlocal OCSO SWAT Agreement 2. Birmingham Interest Letter COMMITTEE TRACKING 2025-02-04 Public Health & Safety - Recommend to Board 2025-02-11 Full Board - Adopt Motioned by: Commissioner Penny Luebs Seconded by: Commissioner Michael Spisz Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor, Robert Smiley (18) No: None (0) Abstain: None (0) Absent: Gwen Markham (1) Passed City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 1 AGREEMENT FOR PARTICIPATION WITH THE OAKLAND COUNTY SHERIFF’S OFFICE SWAT TEAM BETWEEN COUNTY OF OAKLAND, THE OAKLAND COUNTY SHERIFF, AND CITY OF BIRMINGHAM This Agreement ("Agreement") is made between OAKLAND COUNTY, a Michigan constitutional and municipal corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose address is 1200 North Telegraph Rd., Pontiac, Michigan 48341, Bldg. #38 East (“Sheriff’), and the City of Birmingham, a municipal corporation whose address is 151 Martin Street, Birmingham, Michigan 48009 (“Municipality”). In this Agreement, the County, Sheriff, and the Municipality may also be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. AUTHORITY. Authority for the Parties to enter into this Agreement can be found at 1951 PA 35 (MCL 124.1 et seq.). 2. PURPOSE. The purpose of this Agreement is to delineate the responsibilities of the Parties associated with the Municipality’s participation with the SWAT team. This Agreement is not intended, and should not be construed, to create any right or benefit enforceable by law or otherwise by any third party against the Parties or the officers, employees, agents, or other associated personnel thereof. 3. DEFINITIONS. The following words and expressions, whether used in the singular or plural, within or without quotation marks, or possessive or non-possessive, are defined as follows: 3.1. Oakland County Sheriff’s Office (OCSO) means the County and the Sheriff jointly. 3.2. Special Weapons and Tactics Team (SWAT team) means OCSO’s select team of specially trained Oakland County Sheriff’s deputies who respond to emergency and critical incidents including, but not limited to, barricaded gunmen, high-risk warrant arrests, drug raids, and civil disorder. City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 2 4. MUNICIPALITY’S RESPONSIBILITIES. 4.1. The Municipality may designate one or more of its full-time employees with MCOLES certification to try out for the SWAT team. If OCSO selects a Municipality employee for the SWAT team, the Municipality may authorize that employee to participate on the SWAT team. 4.2. If the Municipality authorizes its employee to participate on the SWAT team: 4.2.1. The Municipality will allow its employee to attend all SWAT team training sessions. 4.2.2. The Municipality will permit its employee to respond to SWAT team call- outs when requested by OCSO. The Municipality’s permission may be granted on a case-by-case basis and will not be unreasonably withheld. 4.2.3. The Municipality will promptly notify the OCSO of any personnel action involving a Municipality-employee SWAT team member, including but not limited to, any reprimand, suspension, discharge, resignation, or demotion. The Municipality also agrees that it will promptly notify the OCSO of any complaint, charge, or allegation of misconduct, whether civil or criminal in nature, that the Municipality becomes aware of regarding any Municipality-employee SWAT team member. 4.3. All employment-related costs of the Municipality-employee, including, but not limited to, wages, salary, overtime, benefits, local, state and federal taxes associated with employment, and worker’s compensation, shall be the sole responsibility of the Municipality at all times. 5. OCSO’s RESPONSIBILITIES. 5.1. The OCSO will provide: 5.1.1. Training for the Municipality-employee SWAT team member. 5.1.2. Deputation of the Municipality-employee SWAT team member, as set forth in Section 6. 5.1.3. Liability protection for the Municipality-employee SWAT team member as set forth in Section 9. 5.2. The OCSO will dispatch its SWAT team to provide aid to the Municipality on an as-needed and as-available basis, as solely determined by the Sheriff using generally accepted standards for police protection. 6. DEPUTATIONS 6.1. Subject to a background inquiry, a Municipality-employee must be sworn as a special deputy of the Oakland County Sheriff before acting as a SWAT team member. The deputation must remain in effect throughout the tenure of each Municipality-employee’s assignment to the SWAT team. 6.2. Administrative and personnel policies imposed by the Municipality will not be voided by deputation of its employee. However, deputized Municipality- City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 3 employees must follow OCSO’s orders, rules, regulations, policies, and procedures when acting as a member of the SWAT team under this Agreement. 6.3. This Agreement does not, in any manner, limit the unilateral and complete discretion of the Sheriff to deputize, refuse to deputize, or revoke the deputation of any Municipality-employee at any time and for any reason. 6.4. If a Municipality-employee’s deputation is revoked, the Municipality-employee shall be considered immediately terminated from the SWAT team. The Municipality may designate another Municipality-employee to try out for the SWAT team. 7. DURATION 7.1. Prior to its effectiveness, this Agreement and any amendments hereto must be: 7.1.1. Signed by all Parties. 7.1.2. Approved by the Parties’ respective governing bodies. Such approval shall be entered in the official minutes of the governing body of each Party. 7.1.3. Filed with the Oakland County Clerk and the Secretary of State, in compliance with MCL 124.510(4). 7.2. This Agreement becomes effective when the requirements in Section 7.1 are met and will remain in effect until terminated as set forth in 7.3. 7.3. Any Party may terminate this Agreement for any reason upon 30 days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. 8. NOTICES. 8.1. Notices given under this Agreement must be in writing and sent via certified mail or first-class U.S. mail as follows: 8.1.1. To the Sheriff: Oakland County Sheriff, 1200 N. Telegraph, Building 38 East, Pontiac, MI 48341. 8.1.2. To the County: Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Building 12 East, Pontiac, Michigan 48341. 8.1.3. To the Municipality: Chief of Police, ________________________ 9. LIABILITY 9.1. The Municipality shall immediately notify OCSO of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information that the Municipality receives notice concerning or arising from the conduct of any Municipality-employee SWAT team member or otherwise relating to the SWAT team. City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 4 9.2. Except as provided in Section 9.3, each Party shall be responsible for its own acts and the acts of its employees, agents, and subcontractors, the costs associated with those acts, and the defense of those acts. 9.3. Whenever a claim is made or a civil action is commenced against a Municipality-employee arising from alleged negligent or wrongful conduct by the Municipality-employee while acting under the direction and control of OCSO and within the scope of his or her authority as a deputized member of the SWAT team pursuant to this Agreement, the Municipality may request that the County defend and indemnify the Municipality-employee. Under such circumstances, the Municipality-employee will be covered under the County Indemnification Policy (specifically, County Miscellaneous Resolutions 85339 and 86124 and any amendments thereto). Consistent with County Miscellaneous Resolutions 85339 and 86124, and as further described in such Resolutions, the County will select the attorney to represent the Municipality- employee and will have control and supervision over the claim or civil action including, but not limited to, settlement of the claim or lawsuit. 9.4. Notwithstanding the indemnification under Section 9.3, OCSO will not be responsible for the Municipality-employee’s conduct that is not under the direction and control of the OCSO, authorized by OCSO, or undertaken outside the scope of a Municipality-employee’s SWAT duties and assignments under this Agreement. 10. DISCRIMINATION. The Parties may not discriminate against their employees, agents, applicants for employment, or any other person or entity with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 11. RESERVATION OF RIGHTS. This Agreement does not and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 12. 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. 13. MODIFICATIONS. 13.1. This Agreement may be modified at any time by written consent of all Parties. 13.2. Modifications to this Agreement shall have no force and effect unless such modifications are in writing and the requirements in Section 7.1 are met. City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 5 14. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding between the Parties. This Agreement supersedes all other oral or written Agreements between the Parties. 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. THE COUNTY OF OAKLAND: BY:________________________________ DATE:_______________________ David T. Woodward , Chairman, Oakland County Board of Commissioners OAKLAND COUNTY SHERIFF MICHAEL J. BOUCHARD: BY: ________________________________ DATE: _________________________ Oakland County Sheriff CITY OF BIRMINGHAM: BY:________________________________ _________________________________ Jana Ecker, City Manager DATE: David T Woodward (Sep 21, 2025 15:05:48 EDT)09/21/2025 MEMORANDUM Police Department DATE: March 17, 2025 TO: Jana L. Ecker, City Manager FROM: Scott A. Grewe, Chief of Police SUBJECT: Interlocal Agreement with Oakland County for participation in Oakland County Special Weapons And Tactics (SWAT) team. INTRODUCTION: The Birmingham Police Department participates in several multi-jurisdictional task forces to expand its abilities in criminal investigations. In 2024, a Birmingham police officer was selected to apply for the County's SWAT team to further expand the department's capabilities and involvement in multi-jurisdictional task forces. BACKGROUND: The Birmingham Police Department selected an officer to participate in the application process for Oakland County's SWAT team. This rigorous process involved a physical agility test, interview, and was contingent on passing a 40-hour SWAT school. Applicants who passed all phases of the application process were reviewed, and only the top two were selected to join the team. The Birmingham Police Department is proud to announce that Officer Nicholas Krumm was selected to be the first Birmingham officer to be a member of the SWAT team. Participating member organizations in the Oakland County SWAT team must have a Interlocal Agreement between Oakland County and the City of Birmingham. LEGAL REVIEW: This Interlocal Agreement was reviewed and approved by the City Attorney. FISCAL IMPACT: Oakland County covers the cost of all training and equipment required for the assignment. This position requires training one day a month and one week per year. The City pays for any overtime created for SWAT team activations or required for training for Ofc. Krumm. SUSTAINABILITY: N/A 5F PUBLIC COMMUNICATIONS: N/A SUMMARY: The Birmingham Police Department has assigned an officer to participate in the multi-jurisdictional Oakland County SWAT team. A signed Interlocal Agreement is required between the City of Birmingham and Oakland County. ATTACHMENTS: 1.Interlocal Agreement between the City of Birmingham and Oakland County. SUGGESTED COMMISSION ACTION: Make a motion adopting a resolution to approve the Interlocal Agreement between the City of Birmingham and Oakland County and authorize the Mayor and City Manager to sign the agreement on behalf of the city. 5F AGREEMENT FOR PARTICIPATION WITH THE OAKLAND COUNTY SHERIFF’S OFFICE SWAT TEAM BETWEEN COUNTY OF OAKLAND, THE OAKLAND COUNTY SHERIFF, AND CITY OF BIRMINGHAM This Agreement ("Agreement") is made between OAKLAND COUNTY, a Michigan constitutional and municipal corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), the OAKLAND COUNTY SHERIFF, a Michigan constitutional officer, whose address is 1200 North Telegraph Rd., Pontiac, Michigan 48341, Bldg. #38 East (“Sheriff’), and the City of Birmingham, a municipal corporation whose address is 151 Martin Street, Birmingham, Michigan 48009 (“Municipality”). In this Agreement, the County, Sheriff, and the Municipality may also be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. AUTHORITY. Authority for the Parties to enter into this Agreement can be found at 1951 PA 35 (MCL 124.1 et seq.). 2. PURPOSE. The purpose of this Agreement is to delineate the responsibilities of the Parties associated with the Municipality’s participation with the SWAT team. This Agreement is not intended, and should not be construed, to create any right or benefit enforceable by law or otherwise by any third party against the Parties or the officers, employees, agents, or other associated personnel thereof. 3. DEFINITIONS. The following words and expressions, whether used in the singular or plural, within or without quotation marks, or possessive or non-possessive, are defined as follows: 3.1. Oakland County Sheriff’s Office (OCSO) means the County and the Sheriff jointly. 3.2. Special Weapons and Tactics Team (SWAT team) means OCSO’s select team of specially trained Oakland County Sheriff’s deputies who respond to emergency and critical incidents including, but not limited to, barricaded gunmen, high-risk warrant arrests, drug raids, and civil disorder. 5F 4. MUNICIPALITY’S RESPONSIBILITIES. 4.1. The Municipality may designate one or more of its full-time employees with MCOLES certification to try out for the SWAT team. If OCSO selects a Municipality employee for the SWAT team, the Municipality may authorize that employee to participate on the SWAT team. 4.2. If the Municipality authorizes its employee to participate on the SWAT team: 4.2.1. The Municipality will allow its employee to attend all SWAT team training sessions. 4.2.2. The Municipality will permit its employee to respond to SWAT team call- outs when requested by OCSO. The Municipality’s permission may be granted on a case-by-case basis and will not be unreasonably withheld. 4.2.3. The Municipality will promptly notify the OCSO of any personnel action involving a Municipality-employee SWAT team member, including but not limited to, any reprimand, suspension, discharge, resignation, or demotion. The Municipality also agrees that it will promptly notify the OCSO of any complaint, charge, or allegation of misconduct, whether civil or criminal in nature, that the Municipality becomes aware of regarding any Municipality-employee SWAT team member. 4.3. All employment-related costs of the Municipality-employee, including, but not limited to, wages, salary, overtime, benefits, local, state and federal taxes associated with employment, and worker’s compensation, shall be the sole responsibility of the Municipality at all times. 5. OCSO’s RESPONSIBILITIES. 5.1. The OCSO will provide: 5.1.1. Training for the Municipality-employee SWAT team member. 5.1.2. Deputation of the Municipality-employee SWAT team member, as set forth in Section 6. 5.1.3. Liability protection for the Municipality-employee SWAT team member as set forth in Section 9. 5.2. The OCSO will dispatch its SWAT team to provide aid to the Municipality on an as-needed and as-available basis, as solely determined by the Sheriff using generally accepted standards for police protection. 6. DEPUTATIONS 6.1. Subject to a background inquiry, a Municipality-employee must be sworn as a special deputy of the Oakland County Sheriff before acting as a SWAT team member. The deputation must remain in effect throughout the tenure of each Municipality-employee’s assignment to the SWAT team. 6.2. Administrative and personnel policies imposed by the Municipality will not be voided by deputation of its employee. However, deputized Municipality- 5F employees must follow OCSO’s orders, rules, regulations, policies, and procedures when acting as a member of the SWAT team under this Agreement. 6.3. This Agreement does not, in any manner, limit the unilateral and complete discretion of the Sheriff to deputize, refuse to deputize, or revoke the deputation of any Municipality-employee at any time and for any reason. 6.4. If a Municipality-employee’s deputation is revoked, the Municipality-employee shall be considered immediately terminated from the SWAT team. The Municipality may designate another Municipality-employee to try out for the SWAT team. 7.DURATION 7.1. Prior to its effectiveness, this Agreement and any amendments hereto must be: 7.1.1. Signed by all Parties. 7.1.2. Approved by the Parties’ respective governing bodies. Such approval shall be entered in the official minutes of the governing body of each Party. 7.1.3. Filed with the Oakland County Clerk and the Secretary of State, in compliance with MCL 124.510(4). 7.2. This Agreement becomes effective when the requirements in Section 7.1 are met and will remain in effect until terminated as set forth in 7.3. 7.3. Any Party may terminate this Agreement for any reason upon 30 days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. 8.NOTICES. 8.1. Notices given under this Agreement must be in writing and sent via certified mail or first-class U.S. mail as follows: 8.1.1. To the Sheriff: Oakland County Sheriff, 1200 N. Telegraph, Building 38 East, Pontiac, MI 48341. 8.1.2. To the County: Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Building 12 East, Pontiac, Michigan 48341. 8.1.3. To the Municipality: Chief of Police, 151 Martin, Birmingham, MI 48009 9.LIABILITY 9.1. The Municipality shall immediately notify OCSO of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information that the Municipality receives notice concerning or arising from the conduct of any Municipality-employee SWAT team member or otherwise relating to the SWAT team. 5F 9.2. Except as provided in Section 9.3, each Party shall be responsible for its own acts and the acts of its employees, agents, and subcontractors, the costs associated with those acts, and the defense of those acts. 9.3. Whenever a claim is made or a civil action is commenced against a Municipality-employee arising from alleged negligent or wrongful conduct by the Municipality-employee while acting under the direction and control of OCSO and within the scope of his or her authority as a deputized member of the SWAT team pursuant to this Agreement, the Municipality may request that the County defend and indemnify the Municipality-employee. Under such circumstances, the Municipality-employee will be covered under the County Indemnification Policy (specifically, County Miscellaneous Resolutions 85339 and 86124 and any amendments thereto). Consistent with County Miscellaneous Resolutions 85339 and 86124, and as further described in such Resolutions, the County will select the attorney to represent the Municipality- employee and will have control and supervision over the claim or civil action including, but not limited to, settlement of the claim or lawsuit. 9.4. Notwithstanding the indemnification under Section 9.3, OCSO will not be responsible for the Municipality-employee’s conduct that is not under the direction and control of the OCSO, authorized by OCSO, or undertaken outside the scope of a Municipality-employee’s SWAT duties and assignments under this Agreement. 10. DISCRIMINATION. The Parties may not discriminate against their employees, agents, applicants for employment, or any other person or entity with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 11. RESERVATION OF RIGHTS. This Agreement does not and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 12. 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. 13. MODIFICATIONS. 13.1. This Agreement may be modified at any time by written consent of all Parties. 13.2. Modifications to this Agreement shall have no force and effect unless such modifications are in writing and the requirements in Section 7.1 are met. 5F 14. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding between the Parties. This Agreement supersedes all other oral or written Agreements between the Parties. 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. THE COUNTY OF OAKLAND: BY:________________________________ DATE:_______________________ David T. Woodward , Chairman, Oakland County Board of Commissioners OAKLAND COUNTY SHERIFF MICHAEL J. BOUCHARD: BY: ________________________________ DATE: _________________________ Oakland County Sheriff CITY OF BIRMINGHAM: BY:________________________________ _________________________________ Jana Ecker, City Manager DATE: BY:________________________________ _________________________________ Therese Longe, City Mayor DATE: 5F 1 Birmingham City Commission Minutes March 24, 2025 Municipal Building, 151 Martin 7:30 p.m. Vimeo Link: https://vimeo.com/1069016786 I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Therese Longe, Mayor, opened the meeting with the Pledge of Allegiance. II. ROLL CALL City Clerk Bingham called the roll. Present: Mayor Longe MPT Baller Commissioner Haig Commissioner Host Commissioner Long Absent: Commissioner Emerine Commissioner Schafer Staff: City Manager Ecker; City Clerk Bingham, Finance Director Designee Chavez, Human Resources Manager Ciluffo, Assistant City Manager Clemence, Library Director Craft, Planning Director Dupuis, Assistant City Manager Fairbairn, Police Captain Kearney, City Attorney Kucharek, Parks and Recreation Manager Laird, Human Resources Generalist Matti, Fire Marshall Scaife, Fire Chief Wells, Department of Public Services Director Zielinski, Building Official Designee Zielke III. PROCLAMATIONS, CONGRATULATORY RESOLUTIONS, AWARDS, APPOINTMENTS, RESIGNATIONS AND CONFIRMATIONS, ADMINISTRATION OF OATHS, INTRODUCTION OF Announcements Oakland County Treasury Foreclosure Prevention Appointments 03-046-25 Appointment of Mary Chavez to Finance Director/Treasurer MOTION: Motion by Haig: To confirm the City Manager’s appointment of Mary Chavez to the position of Finance Director/Treasurer effective on March 31, 2025, to direct the Clerk to administer the oath of office, and to authorize Mary Chavez to be the primary authorized signer on all the City’s bank accounts. VOICE VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None 03-047-25 Planning Board Scott Clein was interviewed for the appointment. MOTION: Motion by Haig: To appoint Scott Clein as a regular member to serve a three-year term to expire March 28, 2028. VOICE VOTE: Ayes, MPT Baller 2 March 24, 2025 Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None 03-048-25 Planning Board Robert Boyle was interviewed for the appointment. MOTION: Motion by Long: To appoint Robert Boyle as a regular member to serve a three-year term to expire March 28, 2028. VOICE VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None 03-049-25 Planning Board Duncan Currie was interviewed for the appointment. MOTION: Motion by Host: To appoint Duncan Currie as an alternate member to serve the remainder of a three-year term to expire March 28, 2027. VOICE VOTE: Ayes, MPT Baller Commissioner Emerine1 Commissioner Host Commissioner Haig Commissioner Schafer 2 Mayor Longe Commissioner Long Nays, None 03-050-25 Multi-Modal Transportation Board Z. Rosie Koul was interviewed for the appointment. MOTION: Motion by Haig: To appoint Z. Rosie Koul as a regular member to the Multi-Modal Transportation Board to serve the remainder of a three-year term to expire March 24, 2028. VOICE VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None 03-051-25 Parks and Recreation Board Anne Lipp was interviewed for the appointment. 1As amended at the April 7, 2025 meeting. 2As amended at the April 7, 2025 meeting. 3 March 24, 2025 MOTION: Motion by Long: To appoint Anne Lipp as a regular member to the Parks and Recreation Board to serve a three-year term to expire March 13, 2028. VOICE VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None 03-052-25 Parks and Recreation Board Narlu Castellano was interviewed for the appointment. MOTION: Motion by Baller: To appoint Narlu Castellano as an alternate member to the Parks and Recreation Board to serve a three-year term to expire March 13, 2028. VOICE VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None Jessica Einstein and Jerome Dixon were not interviewed, Jack Burns and Sandy Labovitz were interviewed for the Parks and Recreation Board but not appointed. CC Bingham swore in the present appointees. IV. OPEN TO THE PUBLIC FOR MATTERS NOT ON THE AGENDA Danielle Rumpel, Baldwin Library Board President, commented regarding the City’s administrative service fees for Baldwin and the need for the City to provide financial information to Baldwin prior to Baldwin’s board meetings. V. CONSENT AGENDA 03-053-25 Consent Agenda MOTION: Motion by Haig, seconded by Long: To move the consent agenda as written with the exception of Items B, E, G, and J. ROLL CALL VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None A. Resolution to approve the City Commission workshop meeting minutes of March 10, 2025. C. Resolution to approve the warrant list, including Automated Clearing House payments, dated March 13, 2025 in the amount of $2,595,263.83. D. Resolution to approve the warrant list, including Automated Clearing House payments, dated March 20, 2025 in the amount of $1,533,958.95. F. Resolution to approve the Interlocal Agreement between the City of Birmingham and 4 March 24, 2025 Oakland County and authorize the Mayor and City Manager to sign the agreement on behalf of the city. H. Resolution to set a public hearing date of April 21, 2025 to consider the Special Land Use Permit for 1740 W. Maple to transfer ownership and grant a Special Land Use Permit to the proposed new owner, 10 & Main OOOM, LLC. I. Resolution demonstrating support of the Derby Road bridge project committing to a 50% match to the cost of replacement, and submittal of an application to the Michigan Department of Transportation for fiscal year 2028 funding assistance under their Local Bridge Program. K. Resolution to approve the purchase of a new 2025 TORO Multi Pro 5800-G 4WD Sprayer Cart from Spartan Distributors located at 1050 Opdyke Road, Auburn Hills, MI 48326, through the Intergovernmental Cooperative Purchasing Agreement, OMNIA Contract #2017025, in the amount not to exceed $75,549.64 upon the execution of a signed contract. In addition, to authorize the Mayor and City Clerk to sign the agreement on behalf of the City. Funds for this purchase are available in the FY 2024-2025 account Auto Equipment FY 2024-2025 account #661.0-441.006.971.0100. L. Resolution approving the request for additional design and construction administration services with Grissim, Metz, Andriese for the amount of $108,200. Funds are available in the Park System Construction Fund, Land Improvements Account #408.2-901.751- 979.0000. Further, to authorize the Mayor and City Clerk to sign the agreement addendum on behalf of the City. M. Resolution to accept the resignation of Julie Sloan from the Birmingham Shopping District Board, to thank her for her service and to direct the City Clerk to begin the process of filling the vacancy. 03-054-25 Meeting Minutes – March 10, 2025 (Item B) Commissioner Haig pulled Item B and offered a clarification regarding the referenced senior millage. Commissioner comments were as follows: ● The referenced senior millage focused more on infrastructure than services. ● If a change to the disbursement process were to be contemplated, that would necessitate a discussion. MOTION: Motion by Haig, seconded by Host: To approve the City Commission regular meeting minutes of March 10, 2025 as written. VOICE VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None 03-055-25 Woodward Ave. Service Drive Parking Restrictions (Item E) Commissioner Haig pulled Item E and noted the City’s efforts towards reducing noise along Woodward. Commissioner comments were as follows: ● The Multi-Modal Transportation Board and Police Department are working to reduce noise along Woodward within the constraints of what the City controls. ● This was a successful pilot program in 2024, and this motion would make these changes permanent. ● The Police Chief and Police Department deserved thanks for their efforts in this regard. MOTION: Motion by Haig, seconded by Long: 5 March 24, 2025 To permanently enact Woodward Ave. service drive parking restrictions as recommended by the Multi-Modal Transportation Board as follows: 1. 15-Minute Parking, 7 PM to 6 AM, Friday through Sunday: Southbound Woodward ● Oakland to Brown ● Lincoln to Davis ● North edge of 33301 Woodward to Bird Northbound Woodward ● Elm to Maple ● Emmons to S. Adams ● S. Worth to the south edge of 34164 Woodward ● North edge of 35032 Woodward to Lawndale 2. 15-Minute Parking, 7 PM to 6 AM, Friday through Sunday: ● Northbound Woodward from Sheffield to Emmons 3. 15-Minute Parking, 7 PM to 6 AM, Friday through Sunday: ● 30-minute parking: Southbound Woodward from Brown to Hazel VOICE VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None 03-056-25 Green Kitchen, LLC, doing business as Bloom, is requesting approval to transfer ownership and Location of a Class C License from Tiger Hospitality Holdings, LLC, formerly located at 27522 Northwestern Hwy, Southfield MI, to Green Kitchen which will be located at 239 N. Old Woodward Ave, Birmingham, MI. (Item G) Commissioner Haig pulled Item G, recommending a small change in verbiage. MOTION: Motion by Haig, seconded by Long: To authorize the City Clerk to complete the Local Approval Notice at the request of Green Kitchen LLC, to approve the request for a transfer of ownership of the Class C liquor license, with Sunday sales from Tiger Hospitality Holdings LLC, formerly located at 27522 Northwestern Hwy, Southfield, MI to Green Kitchen that will be located at 239 N Old Woodward Ave, Birmingham, Oakland County, MI, changing ‘restaurant’ in the report to ‘food and drink establishment’ to eliminate potential future ambiguity. VOICE VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long Nays, None 03-057-25 Birmingham Well Sites Park Designations (Item J) Commissioner Host pulled Item J, recommending the Parks and Recreation Department consider name changes to the listed parks. MOTION: Motion by Host, seconded by Haig: To designate the following “well sites” as parks: Baldwin Well, Derby Tank, Pumphouse Park, Redding Well, and West Lincoln Well sites. VOICE VOTE: Ayes, MPT Baller Commissioner Host Commissioner Haig Mayor Longe Commissioner Long 6 March 24, 2025 Nays, None VI. CITY MANAGER’S REPORT CM Ecker and HRM Ciluffo presented the report. CM Ecker answered informational questions from the Commission. Commissioners raised the following points during discussion: ● There were some concerns about the content of a recent City email regarding the proposed recreation center. The use of photos was questionable, and some of the statements presented as factual were either subjective or speculative. ● There is a need for community education. A year into this process, some members of the public are still confused about the general contours of the project. This indicates that more communication needs to occur. ● Educational campaigns regarding this project and containing validated information are appropriate, and should increase in frequency. ● The Commission could review communications to the public if deemed appropriate. ● Given some of the emotions around this project, the City’s communications should be kept as careful, simple, and neutral as possible. VII. UNFINISHED BUSINESS Schematic Design Progress and Test Fits - Birmingham Community and Senior Center CM Ecker introduced the item, and Jim Stock of Neumann Smith and CM Ecker presented the item. Commissioners raised the following points during discussion: ● The SCC felt option one was a more efficient use of space and more appropriate for Next’s preferred uses. ● Changes to St. James Park could occur in conjunction with this project. Neighbors to the Park should be consulted on potential changes. ● While members of the SCC and the public raised some concerns about the test fit, it remained important to remember this is just one more part of a process that allows for revisions and modifications. ● Option one seemed to fit better in the neighborhood context. ● Toilets could be added to option one near the office area for shared Next/staff use, as well as a possible separate entrance for Next on the east side. The Next fitness room and the multipurpose room could be swapped in order to locate all of Next’s walls closer together. ● Pool option three seemed more appropriate. ● If St. James Park is condensed to accommodate this building, it should be confirmed that baseballs would still be unlikely to affect the residential neighbors. ● Avoiding unmonitored space in the building would be necessary. Using keyfobs for Next entrances would be inappropriate. ● Resident comments regarding the pool have been valuable. ● The distance between accessible parking and the Midvale entrance is 180 feet. At the new facility, concerns about the distance between accessible parking and the entrance should not arise if it is under 180 feet. ● The proposal to have a rooftop deck raises some concerns. ● A local elementary school kitchen is 300 square feet. The new facility’s proposed kitchen could likely be smaller. ● There are plans for stormwater retention on site which would help mitigate the loss of 42 feet of permeable space in St. James Park. ● The City may be aiming to fit too many features or programs into the available space. ● Concerns about the methodicalness of this process remain. ● The City must evaluate whether a new facility is necessary for service delivery, since service delivery is the goal. ● Using a small portion of St. James Park for parking had been contemplated and approved for a different project in the past. ● Some Next users would prefer to stay at Midvale, or would prefer to have their own space, as opposed to a shared space at this facility. 7 March 24, 2025 Public Comment David Bloom commented regarding community use of the facility and supported the project’s review by the Planning Board. Camille Jayne, Board President of The Community House, supported Next having one location to house most of its services and opposed this potential project having ‘community’ in the title. Christine Allen, board member of Next, commented that Next board members communicate on behalf of Next’s membership, that the kitchen would be for community use in addition to Next use, and that Next should have one location to house most of its services. Frank Pisano supported the third pool option and increased resident education about the project overall. Mike Clift supported a covered entrance to the facility. YMCA/Next – Senior Services CM Ecker introduced the item, and Patrick McGow of Miller Canfield and CM Ecker presented the item. Mr. McGow and staff answered informational questions from the Commission. Commissioners raised the following points during discussion: ● It may be appropriate to state within the ballot question that Next and the YMCA are involved in this project. ● It may be appropriate to mention interest or an estimated total cost for the bond. ● Any time after the first ten years, bonds can be refinanced and/or paid off early. ● The presently proposed bond language would allow the City to replace the tenants of the building as appropriate. ● Since Next and the YMCA, as two private non-profit organizations, would have use of this building, there would need to be a public hearing regarding the bond issue. That public hearing should be added to the project timeline. ● The City’s recent senior millage should be factored in more clearly to the discussion of funding for this project. ● The average Birmingham resident may see a slight decrease in taxes, even with the bond issue, if certain changes to the senior millage, Library levy, and City’s operating levy are effectuated. ● It is likely the City will require a Headlee override in the future, and this project and other capital projects should be considered within that context. ● Concerns were shared about the City administration’s approach to communication with the Library, and the City administration’s approach to communication with the Commission and the public about the Library. ● All parties must figure out how to negotiate on funding collaboratively in order to reach the most optimal outcome for all involved. ● A 20 year bond would be more favorable than a 25 year bond. ● The 2016 Commission and City administration deserved commendation for its fiscal stewardship vis-a-vis the Library renovation project. ● The interlocal agreements should be discussed in the future. ● ‘Community’ could be changed to ‘recreation’ in the working title of the 400 E. Lincoln project. The Commission motioned to take a five minute recess, and returned from recess. Public Comment LD Craft commented regarding the Baldwin Library’s status as a Public Act 164 library, and the Library’s plans to formalize its establishment. Ms. Rumpel commented regarding how potential funding decreases by the City would affect the Baldwin Library. Mr. Pisano commented that in addition to the City’s potential funding decrease for the Library, a recent Presidential Executive Order would further limit library funding. Melissa Mark and Jim Suhay commented regarding the 1998 millage for the Library, and the subsequent use of those funds. 8 March 24, 2025 Wendy Friedman commented regarding the Library’s integration with the community. Karen Rock supported the previous public comments regarding the Library, and supported good communication between the Library and the City. George Dilgard supported negotiations between the City and the Library, supported a 25 year bond for the facility at 400 E. Lincoln, and supported the project at 400 E. Lincoln overall. Mr. Bloom commented regarding the Library, the potential bond vote timing and language, and the potential financing of the project at 400 E. Lincoln. Ms. Koul opposed the project at 400 E. Lincoln, citing perceptions of insufficient public support, Next’s responsibility to maintain its own financial solvency, and perceived need for funds to be spent elsewhere in the City. Kristy Barrett supported the other public comments given. VIII. NEW BUSINESS 03-058-25 Public Hearing for 225 E. Maple – Social Kitchen & Bar – Special Land Use Permit Amendment, Final Site Plan & Design Review Mayor Longe opened the public hearing at 11:40 p.m. and noted a request to postpone. Seeing no public comment, the Mayor closed the public hearing at 11:41 p.m. MOTION: Motion by Long, seconded by Host: To postpone the public hearing date to April 21, 2025 to consider the Special Land Use Permit Amendment, Final Site Plan & Design Review application for 225 E. Maple, to permit the replacement of the current outdoor dining patio on the via (east) side of the building with an aluminum pergola with roof and enclosure systems and to permit a bistro with 76 outdoor dining seats. VOICE VOTE: Ayes, Commissioner Host MPT Baller Mayor Longe Commissioner Long Commissioner Haig Nays, None 03-059-25 Public Hearing to amend Chapter 126, Zoning, Article 4, Accessory Structure Standards, Section 4.03, to add provisions for standby generators Mayor Longe opened the public hearing at 11:42 p.m. PD Dupuis presented the item The Mayor closed the public hearing at 11:46 p.m. Staff answered informational questions from the Commission. Commissioner raised the following points during discussion: ● The City should recommend that residents take steps to reduce the entry of generator exhaust into buildings when a generator is in operation. ● This is an effort to reduce the burden generators can place on emergency services, and to improve residents’ health, safety, and welfare. MOTION: Motion by Haig, seconded by Long: To adopt an ordinance to amend Chapter 126, Zoning, Article 4, Accessory Structure Standards, Section 4.03, to add provisions for standby generators. 9 March 24, 2025 VOICE VOTE: Ayes, Commissioner Host MPT Baller Mayor Longe Commissioner Long Commissioner Haig Nays, None Commission Items for Future Discussion Commissioner Haig reiterated that interlocal agreements should be further discussed at a future meeting. Commission Discussion On Items From A Prior Meeting IV. REMOVED FROM CONSENT AGENDA X. COMMUNICATIONS A. Communications regarding the Birmingham Community and Senior Center B. Communication regarding parks C. Communication regarding roads XI. REPORTS A. Commissioner Reports 1. Notice of Intention to appoint to the Building Trades Appeals 2. Notice of Intention to appoint to the Brownfield Redevelopment Authority 3. Notice of Intention to appoint to the Business Shopping District B. Commissioner Comments Commissioner Host said he was sad that most who made public comment had to wait until discussion of the relevant item, which occurred later in the meeting. Commissioners Long, Haig, and MPT Baller supported more actively encouraging student representatives on boards to attend, and potentially replacing student representatives who are regularly absent. C. Advisory Boards, Committees, Commissions’ Reports and Agendas D. Legislation E. City Staff 1. Planning Department Annual Report Commissioner comment was as follows: ● The graphics were impressive. 2. Next Bylaws and Financial Information INFORMATION ONLY XII. ADJOURN The Commission motioned to adjourn at 12:00 a.m.