HomeMy WebLinkAboutInterlocal Agreements - 2025.05.01 - 42742
November 12, 2025
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 May 1, 2025, the Board of Commissioners for Oakland County entered into an agreement per MR #2025-5114 –
Sheriff’s Office – Interlocal Agreement with the Charter Township of Waterford for 2025-2027 Marine Patrol Services.
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 Charter Township of Waterford, 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
Elizabeth Skwarczewski, Sheriff Rate ＆ Grant Coordinator, OCSO
Kim Markee, Clerk, Charter Township of Waterford
Enclosures
AGENDA ITEM: Interlocal Agreement with the Charter Township of Waterford for the 2025-2027
Marine Patrol Services
DEPARTMENT: Sheriff’s Office
MEETING: Board of Commissioners
DATE: Thursday, May 1, 2025 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2025-5114
Motion to approve the interlocal agreement with the Charter Township of Waterford for the 2025-
2027 Marine Patrol Services to continue one (1) GF/GP part-time non-eligible (PTNE) 250 hours per
year Marine Deputy position (#4030635-11090) in the Sheriff’s Office/Patrol Services/Marine Safety
Unit and contingent upon the level of funding associated with this agreement; further, authorize the
Chair of the Board of Commissioners to execute the attached agreement; further, amend the FY
2025-2027 budget as detailed in the attached Schedule A.
ITEM CATEGORY SPONSORED BY
Interlocal Agreement Penny Luebs
INTRODUCTION AND BACKGROUND
It is the policy of the Oakland County Board of Commissioners to permit the Sheriff’s Office to enter
into contracts with local units of government for the purpose of providing Sheriff patrol services. For
several years, the Oakland County Sheriff’s Office has contracted with the Charter Township of
Waterford to provide marine patrol services to the community.
The Charter Township of Waterford has expressed an interest in entering into a new, three (3) year,
marine patrol services agreement for the Oakland County Sheriff to provide marine patrol services
on the Township's lakes for its residents.
POLICY ANALYSIS
The Charter Township of Waterford will to continue one (1) GF/GP part-time non-eligible (PTNE)
250 hours per year Marine Deputy position at the rates detailed below.
The attached Schedule A, provided by Fiscal, details the adjusted budget to account for the
difference resulting from the change in rates. This calculation is based on the number of marine
positions and hours.
FISCAL IMPACT: Budget Amendment Attached
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
Timothy Willis, Undersheriff
Gaia Piir, Fiscal Officer
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 5/1/2025
AGENDA DEADLINE: 04/17/2025 4:30 PM
ATTACHMENTS
1. SchA-Sheriff Office- Interlocal Agreement with Charter Township of Waterford for 2025-2027
Marine Patrol Svs #2025-5114
2. 2025-2027 Marine Agreement - Waterford Township
COMMITTEE TRACKING
2025-04-22 Public Health & Safety - Recommend to Board
2025-05-01 Full Board - Adopt
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Michael Gingell
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, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann
Erickson Gault, Linnie Taylor, Robert Smiley (19)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
Oakland County, Michigan
Sheriff's Office - Interlocal Agreement with the Charter Township of Waterford for the 2025-2027 Marine Patrol Services #2025-5114
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant
ID
(GRN)
#
Project
ID #
(PROJ)Region (REG)
Budge
t Fund
Affiliat
e
(BFA)
Ledger
Account
Summar
y Account Title
FY 2025
Amendment
FY 2026
Amendment
FY 2027
Amendment
R General Fund Patrol Services FND10100 CCN4030601 RC631869 PRG116200 REG40190 Reimb Salaries $1,718 $1,128 $1,233
Total Revenues $1,718 $1,128 $1,233
E General Fund Non-Departmental FND10100 CCN9090101 SC730359 PRG196030 REG40190 Contingency $1,718 $1,128 $1,233
Total Expenditures$1,718 $1,128 $1,233
Oakland County, Michigan
Sheriff's Office - Interlocal Agreement with the Charter Township of Waterford for the 2025-2027 Marine Patrol Services #2025-5114
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant
ID
(GRN)
#
Project
ID #
(PROJ)Region (REG)
Budge
t Fund
Affiliat
e
(BFA)
Ledger
Account
Summar
y Account Title
FY 2025
Amendment
FY 2026
Amendment
FY 2027
Amendment
OAKLAND COUNTY SHERIFF'S OFFICE
2025-2027 MARINE PATROL SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP WATERFORD
This Agreement is made and entered into between the CHARTER TOWNSHIP OF
WATERFORD, a Michigan Constitutional and Municipal Corporation and political subdivision of
the State of Michigan, located within Oakland County, whose address is 5200 Civic Center
Drive, Waterford, Michigan 48329 (hereafter the "MUNICIPALITY"), and the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the
State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a
Michigan Constitutional Officer, whose address is County Service Center, Building #38 East,
1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this
Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will
be referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated,
the "O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to the individual
described herein.
INTRODUCTORY STATEMENTS
Whereas, the O.C.S.O. is authorized to enforce MARINE LAW but, absent an agreement such
as this, has only limited responsibility to do so within the MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the
O.C.S.O. would enforce MARINE LAW in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for the enforcement of
MARINE LAW in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to enforcing MARINE LAW within in the MUNICIPALITY
with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and agreements set forth in this Agreement, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the
SHERIFF, and the MUNICIPALITY mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY
SHERIFF'S OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes,
and as used throughout this Agreement, the following terms and expressions whether used in
the singular or plural, possessive or nonpossessive, and/or either within or without quotation
marks, shall be defined and interpreted as provided herein. The parties further agree that as
defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY
OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who,
at the time relevant to any issue, claim, or interpretation of this Agreement, was either a
"MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S
DEPUTY" but, for any reason, is no longer employed in that capacity.
a. “CLAIM” shall be defined to include any and all losses, complaints, demands for
relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies,
penalties, costs and expenses, including, but not limited to, reimbursement for
reasonable attorney fees, witness fees, court costs, investigation, litigation expenses,
amounts paid in settlement, and/or any other amount for which either party becomes
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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02.04.2025
legally and/or contractually obligated to pay, whether direct, indirect or consequential,
whether based upon any alleged violation of the constitution (federal or state), any
statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
b. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY
representatives elected by popular vote to a COUNTY office or such persons appointed,
pursuant to state law, to fill a vacant elected office pending an election.
c. “MARINE LAW” means Subchapter 5 (“Watercraft and Marine Safety”) of the
Natural Resources and Environmental Protection Act (Public Act 451 of 1994), rules
promulgated thereunder by the Michigan Department of Natural Resources, and local
ordinances adopted in conformity with this Act.
d. "MARINE PATROL SERVICES" shall be defined and interpreted as the
prevention and detection of MARINE LAW violations and the enforcement of MARINE
LAWS upon all lakes or waterways designated by the MUNICIPALITY. The MARINE
PATROL SERVICES contemplated and to be provided under this Agreement are strictly
limited to those governmental MARINE PATROL SERVICES authorized by law to be
performed by the O.C.S.O.
e. "MUNICIPALITY OFFICIAL" shall be defined to include any and all
MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or
such persons appointed, pursuant to state law, to fill a vacant elected office pending an
election, and those individual MUNICIPALITY employees or agents whose specific job
responsibilities mandate the enforcement of state statutes or local ordinances such as
the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster.
f. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY
employees, managers, departments, divisions, volunteers, agents, representatives,
predecessors, successors, attorneys, or auditors, other than MUNICIPALITY
OFFICIALS as defined above (whether such persons act, or acted, in their personal,
representative, or official capacities), and/or any and all persons acting by, through,
under, or in concert with any of them.
g. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all
purposes under this Agreement.
h. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted
for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY
under this Agreement, who is designated by the SHERIFF to maintain all lines of
communications with the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O.
LIAISON will generally be the commanding officer, or a SHERIFF'S DEPUTY
designated, in writing, by the SHERIFF to perform this function.
i. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include
any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Special Deputy, Patrol
Investigator, Detective Sergeant, or any other person or persons of any rank,
classification, or title who, pursuant to state law, is a sworn Deputy of the SHERIFF.
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as
shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE
ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated
in and made part of this Agreement, to perform any and all O.C.S.O. MARINE PATROL
SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY.
MARINE PATROL SERVICES, as defined above, shall not include O.C.S.O. police-related
"Support Services," such as Arson Investigation and Detective and Crime Lab services, which
the O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary
herein. Nevertheless, such additional "Support Services" shall continue to be made available,
at no additional cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to
make such law enforcement "Support Services" available, at no additional charge, to all other
communities within Oakland County.
a. The MUNICIPALITY acknowledges that, except as provided for under the terms
of this Agreement, the SHERIFF has only limited responsibility for MARINE PATROL
SERVICES in the MUNICIPALITY and is not otherwise required, except as provided
herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide
MARINE PATROL SERVICES to the MUNICIPALITY.
b. The SHERIFF will make every reasonable effort to provide professional MARINE
PATROL SERVICES to the MUNICIPALITY, following generally accepted standards for
police protection, with the levels of staff provided for in SCHEDULE A.
c. Notwithstanding any other provision in this Agreement, this Agreement shall not
be interpreted to include any warranty, promise or guaranty, either express or implied, or
of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other
person or MUNICIPALITY resident that the O.C.S.O.'S provision of MARINE PATROL
SERVICES under this Agreement will result in any specific reduction or prevention of
criminal activity within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this
Agreement is to provide governmental MARINE PATROL SERVICES in and for the
MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the
MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by
implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or
special right to the O.C.S.O.' s MARINE PATROL SERVICES in favor of or to the benefit of any
particular person beyond that of the O.C.S.O.'S or any SHERIFF'S DEPUTY'S law enforcement
duty, as established under existing law, to the general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY
contracted for and assigned to provide MARINE PATROL SERVICES to the MUNICIPALITY, as
provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is
being charged, only on MUNICIPALITY-related police matters. It is understood and agreed,
however, that "Mutual Aid" between communities may be provided to surrounding communities.
"Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY
contracted for and assigned to the MUNICIPALITY may be absent from the MUNICIPALITY, at
MUNICIPALITY’S expense, when temporarily called to the aid of another community due to an
emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses
some special skill or qualification temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the
Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the
MARINE PATROL SERVICES contemplated under this Agreement.
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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a. Except as may otherwise be expressly provided in this subparagraph or in
SCHEDULE A, whenever any SHERIFF’S DEPUTY contracted for and assigned
to provide MARINE PATROL SERVICES to the MUNICIPALITY is not present in
the MUNCIPALITY’S geographical area, due to any of the reasons described in
subparagraphs 1 - 3 below, such periods of time shall be included in and counted
toward the hours allotted for MARINE PATROL SERVIES set forth in
SCHEDULE A:
1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac,
Michigan, at the beginning of or end of any shift by any SHERIFF’S
DEPUTY if that SHERIFF DEPUTY’S shift starts or ends in Pontiac;
2. Appearance in any Court or at any meeting with any other law
enforcement agency in connection with any prosecution or Court
appearance related to MUNICIPALITY’S marine patrol activities;
3. Performance of any MARINE PATROL SERVICES for the
MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the
MUNICIPALITY'S geographical area; and
b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S
DEPUTIES in order to concentrate marine patrol efforts to meet particular marine law
enforcement priorities and needs, the SHERIFF shall assign SHERIFF DEPUTIES
contracted for under this Agreement so as to provide the broadest possible coverage of
MARINE PATROL SERVICES to the MUNICIPALITY.
c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be
applicable to this Agreement shall be made available by the SHERIFF for inspection by
the MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business
hours.
6. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate,
or otherwise, transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF DEPUTY'S
services, duties, or obligations under this Agreement to any other public or private person,
corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives
the need for any SHERIFF'S DEPUTY'S MARINE PATROL SERVICES beyond those
SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual
MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional
MARINE PATROL SERVICES, the MUNICIPALITY shall address such concerns for additional
MARINE PATROL SERVICES to the SHERIFF as provided for in this Agreement (i.e.,
preceding Paragraph).
7. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' MARINE
PATROL SERVICES rendered pursuant to this Agreement at the hourly rates shown in
SCHEDULE A. The MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all
additional hours of work, overtime, and/or holiday pay costs incurred by the O.C.S.O. in
providing MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this
Agreement. For every monthly period (corresponding to established O.C.S.O. payroll periods)
during which any SHERIFF'S DEPUTY renders any MARINE PATROL SERVICES to the
MUNICIPALITY under the terms of this Agreement, the O.C.S.O. shall prepare and send to the
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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MUNICIPALITY an invoice that sets forth the monthly amount due for each SHERIFF'S
DEPUTY'S MARINE PATROL SERVICES rendered during that monthly period, plus any
charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein,
during that bi-weekly billing period. All overtime charges are to be itemized and designated for
the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due
on any such invoice within 30 days of the invoice date.
8. If the MUNICIPALITY fails, for any reason, to pay the COUNTY any monies when and
as due under this Agreement, the MUNICIPALITY agrees that unless expressly prohibited by
law, the COUNTY or the County Treasurer, at their sole option, shall be entitled to set-off from
any other MUNICIPALITY funds that are in the COUNTY’S possession for any reason. Funds
include but are not limited to the Delinquent Tax Revolving Fund (“DTRF”). Any set-off or
retention of funds by the COUNTY shall be deemed a voluntary assignment of the amount by
the MUNICIPLIATY to the COUNTY. The MUNICIPALITY waives any CLAIMS against the
County or it’s Officials for any acts related specifically to the COUNTY’S off-setting or retaining
such amounts. This paragraph shall not limit the MUNICIPALITY’S legal right to dispute
whether the underlying amount retained by the COUNTY was actually due and owing under this
Agreement. If the County chooses not to exercise its right to set-off or if any setoff is insufficient
to fully pay the COUNTY any amounts due and owing the COUNTY under this Agreement, the
COUNTY shall have the right to charge up to the then-maximum legal interest on any unpaid
amount. Interest charges shall be in addition to any other amounts due to the COUNTY under
this Agreement. Interest charges shall be calculated using the daily unpaid balance method and
accumulate until all outstanding amounts and accumulated interest are fully paid. Nothing in
this section shall operate to limit the COUNTY’s right to pursue or exercise any other legal rights
or remedies under this Agreement against the MUNICIPALITY to secure reimbursement of
amounts due the County under this Agreement. The remedies in this Section shall be available
to the COUNTY on an ongoing and successive basis if the MUNICIPALITY at any time
becomes delinquent in its payment. Notwithstanding any other term and condition in this
Agreement, if the COUNTY pursues any legal action in any court to secure its payment under
this Agreement, the MUNICIPALITY agrees to pay all costs and expenses, including attorney’s
fees and court costs, incurred by the COUNTY in the collection of any amount owed by the
MUNICIPALITY.
9. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor
any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or
claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all
purposes under the terms of this Agreement, the O.C.S.O.'S legal status and relationship to the
MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any
employment status and/or employment relationship exists between any SHERIFF'S DEPUTY
and the MUNICIPALITY.
10. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer
of all SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively
responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to, workers' disability compensation, unemployment
compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any
other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S
DEPUTY'S status as an employee of the O.C.S.O. Except as expressly provided otherwise in
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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02.04.2025
this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other
thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual
SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY
and/or any personal property, automobiles, or any portable equipment (e.g., portable
telephones, portable computers, , etc.) supplied, provided, and/or leased directly to the
COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
SHERIFF'S DEPUTY.
11. Except as expressly provided for in this Agreement, the parties agree that this
Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability
associated with any governmental function delegated and/or entrusted to either party under any
existing law or regulation.
12. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S
DEPUTY while acting under the terms of this Agreement shall perform any services directly or
otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY
shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY.
13. The MUNICIPALITY shall not provide, furnish or assign any SHERIFF'S DEPUTY with
any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt
to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any
O.C.S.O.'S duty or obligation under the terms of this Agreement.
14. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any
information that may come to its knowledge or possession regarding any act contrary to the
terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any
allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall
promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any
other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the
MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY
agrees to cooperate with the O.C.S.O. in any investigation conducted by the SHERIFF into the
character and/or fitness of any SHERIFF'S DEPUTY.
15. The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S
DEPUTIES with all necessary tools, boats, automobiles, radios, communications equipment,
firearms, and any and all other equipment that the O.C.S.O., in its sole judgment, deems
required or beneficial for the completion of any O.C.S.O.'S duty under the terms of this
Agreement. The O.C.S.O. shall also be solely and exclusively responsible for any and all
SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs,
insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY
ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY,
shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and
expense. In the event that the MUNICIPALITY wants any special or additional personal
property or equipment (i.e., cellular telephones, , personal items or equipment, portable
computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or
otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY
shall direct such requests to the O.C.S.O. which shall solely decide whether such personal
property or special equipment shall be provided. Any and all such additional personal property,
portable or individual use equipment or property, and/or any special equipment to be provided
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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by the MUNICIPALITY shall be provided directly and exclusively to the O.C.S.O., and then
ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the
COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal
property, supplies, or other equipment, nor the use thereof, shall be provided or made available
by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as
provided for in this paragraph.
16. Each party shall be responsible for any CLAIMS made against that Party and for the acts
of its Employees or Agents.
17. In any CLAIMS that may arise from the performance of this Agreement, each party shall
seek its own legal representation and bear the costs associated with such representation,
including any attorney fees.
18. Except as otherwise provided in this Agreement, neither Party shall have any right under
this Agreement or under any other legal principle to be indemnified by the other Party or any of
its agents or employees in connection with any CLAIM.
19. 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 for either Party.
20. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M.,
May 1, 2025, and shall remain in effect continuously until it expires, without any further act or
notice being required by either party, at 11:59 P.M. on September 30, 2027. In addition, any
party may terminate this Agreement, prior to its September 30, 2027 expiration, upon written
notification to all others at least thirty (30) days prior to the proposed termination date, which
date shall be clearly stated in the written notice. Upon the expiration or termination of this
Agreement, all further O.C.S.O.'S obligations to provide MARINE PATROL SERVICES to the
MUNICIPALITY under this Agreement shall end.
21. This Agreement, and any subsequent amendments, shall not become effective prior to
the approval by concurrent resolutions of the COUNTY Board of Commissioners and the
MUNICIPALITY’S Governing Body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the COUNTY Board of Commissioners and
MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the
COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent
amendments shall be filed with the Secretary of State for the State of Michigan by the O.C.S.O.
and shall not become effective or implemented prior to its filing with the Secretary of State.
22. The parties shall send, by first class mail, or alternatively may deliver in person, any
correspondence and written notices required or permitted by this Agreement to each signatory
to this Agreement, or any signatory successor in office, to the addresses shown in this
Agreement. Except as otherwise provided for herein, all correspondence or written notices shall
be considered delivered to a party as of the date that such notice is deposited with sufficient
postage with the U.S. Postal Service or delivered to such person’s office during normal working
hours.
23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify,
supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms
or conditions of employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable
O.C.S.O. employment and/or union contract, and/or any O.C.S.O. rule(s), regulation(s), hours of
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment relationship between the
O.C.S.O. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S
DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be
interpreted to limit, modify, control, or otherwise affect, in any manner:
a. The complete and unilateral discretion of the SHERIFF to either continue or
revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the
SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a
SHERIFF'S DEPUTY.
b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion
to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all
SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation,
fringe benefits, or otherwise decide any and all such terms and conditions of
employment and make any and all employment decisions that affect, in any way, the
employment of any SHERIFF'S DEPUTY with the O.C.S.O., subject only to its collective
bargaining Agreements.
c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies, procedures,
orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or
directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY,
any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or
amount of required supervision, any and all standards of performance, any sequence or
manner of performance, and any level(s) of experience, training, or education required
for any SHERIFF'S DEPUTY performing any O.C.S.O. duty or obligation under the terms
of this Agreement.
24. This Agreement is made and entered into in the State of Michigan and shall in all
respects be interpreted, enforced and governed under the laws of the State of Michigan. The
language of all parts of this Agreement shall in all cases be construed as a whole, according to
its fair meaning, and not construed strictly for or against any party. As used in this Agreement,
the singular or plural number, the possessive or nonpossessive, shall be deemed to include the
other whenever the context so indicates or requires.
25. Absent an expressly written waiver, the failure of any party to pursue any right granted
under this Agreement shall not be deemed a waiver of that right with regard to any existing or
subsequent breach or default under this Agreement. No failure or delay by any party in
exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a
single or partial exercise of any right, power or privilege preclude any other or further exercise of
any other right, power or privilege.
26. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the
MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all
persons acting by, through, under, or in concert with any of them.
27. This Agreement, consisting of eleven (11) pages, including SCHEDULE A, (incorporated
herein), sets forth the entire Agreement between the O.C.S.O. and the MUNICIPALITY with
regard to the O.C.S.O.'S provision of MARINE PATROL SERVICES and/or any SHERIFF'S
DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements
or understandings between them in any way related to the subject matter hereof. It is further
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understood and agreed that the terms of this Agreement are contractual and are not mere
recitals and that there are no other agreements, understandings, or representations between
the O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
expressly stated herein. This Agreement shall not be changed or supplemented orally. This
Agreement may be amended only by concurrent resolutions of the COUNTY Board of
Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth
in this Agreement.
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IN WITNESS WHEREOF, Anthony Bartolotta, Supervisor for the MUNICIPALITY,
hereby acknowledges that he or she has been authorized by a resolution of the MUNICIPALITY
Governing Body (a certified copy of which is attached) to execute this Agreement on behalf of
MUNICIPALITY and hereby accepts and binds the MUNICIPALITY to the terms and conditions
of this Agreement on this ______ day of _______________, 2025.
WITNESSES:
____________________________________
____________________________________
CHARTER TOWNSHIP OF WATERFORD
a Michigan Municipal Corporation
BY: ________________________________
Anthony Bartolotta
Supervisor
BY: ________________________________
Kim Markee
Clerk
IN WITNESS WHEREOF, DAVID T. WOODWARD, Chairperson, Oakland County Board
of Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners (a certified copy of which is attached) to execute this
Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts and binds the
COUNTY OF OAKLAND to the terms and conditions of the Agreement on this ______ day of
_______________, 2025.
WITNESS:
____________________________________
COUNTY OF OAKLAND, a Michigan
Municipal Corporation
BY: ________________________________
DAVID T. WOODWARD
IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the
Oakland County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the
COUNTY OF OAKLAND to the terms and conditions of the Agreement on this ______ day of
_______________, 2025.
WITNESS:
____________________________________
OAKLAND COUNTY SHERIFF, a Michigan
Constitutional Officer
BY: _______________________________
MICHAEL J. BOUCHARD,
Oakland County Sheriff
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SCHEDULE A
MARINE PATROL AGREEMENT
2025-2027
Ranks: The Sheriff’s Deputies to be assigned to Municipality under the Agreement to
which this Schedule is attached will be Marine Deputies with a rank or
classification of “PTNE”, Part Time, Non-Eligible (for Benefits.)
Rates: The Hourly Rates upon which Municipality’s payment obligation shall be
determined are as follows:
* 2027 Rates are subject to change based on the Inflation Rate Multiplier (IRM).
Actual Rates to be determined November 2025. IRM is provided by the
Michigan State Tax Commission.
Lakes: The designated lakes and waterways upon which Marine Patrol Services as
defined in Section 1.d. of the Agreement to which this Schedule is attached are
to be provided shall be identified in writing by the municipality. Within this writing,
the MUNCIPALITY may include any requested schedule and a “NOT TO
EXCEED” amount of billings for lake or waterway.
Invoices: The invoices submitted by the O.C.S.O. to Municipality for Marine Patrol Services
shall identity the designated lake or waterway to which they relate.
Marine Deputy
with Boat $49.64 $54.15 $59.08
with Boat $64.30 $70.15 $76.54
$35.88 $39.14 $42.70
without Boat $50.54 $55.14 $60.16
OAKLAND COUNTY SHERIFF'S OFFICE
2025-2027 MARINE PATROL SERVICES AGREEMENT WITH
THE CHARTER TOWNSHIP WATERFORD
This Agreement is made and entered into between the CHARTER TOWNSHIP OF
WATERFORD, a Michigan Constitutional and Municipal Corporation and political subdivision of
the State of Michigan, located within Oakland County, whose address is 5200 Civic Center
Drive, Waterford, Michigan 48329 (hereafter the "MUNICIPALITY"), and the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation and political subdivision of the
State of Michigan, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereafter the "COUNTY"), and/or the OAKLAND COUNTY SHERIFF, in the capacity of a
Michigan Constitutional Officer, whose address is County Service Center, Building #38 East,
1200 N. Telegraph Road, Pontiac, Michigan 48341-1044 (hereafter the "SHERIFF"). In this
Agreement, whenever the COUNTY and SHERIFF are intended as joint or co-obligors they will
be referred to collectively as the "OAKLAND COUNTY SHERIFF'S OFFICE" or, as abbreviated,
the "O.C.S.O.", otherwise, "COUNTY" and "SHERIFF" shall refer only to the individual
described herein.
INTRODUCTORY STATEMENTS
Whereas, the O.C.S.O. is authorized to enforce MARINE LAW but, absent an agreement such
as this, has only limited responsibility to do so within the MUNICIPALITY; and
Whereas, the O.C.S.O. and the MUNICIPALITY may enter into an agreement where the
O.C.S.O. would enforce MARINE LAW in the MUNICIPALITY; and
Whereas, the MUNICIPALITY desires to contract with the O.C.S.O. for the enforcement of
MARINE LAW in the MUNICIPALITY; and
Whereas, the O.C.S.O. is agreeable to enforcing MARINE LAW within in the MUNICIPALITY
with the additional personnel provided under the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and agreements set forth in this Agreement, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY, the
SHERIFF, and the MUNICIPALITY mutually agree:
1. Besides the terms "COUNTY", "MUNICIPALITY", "SHERIFF", "OAKLAND COUNTY
SHERIFF'S OFFICE", and "O.C.S.O." as defined above, the parties agree that for all purposes,
and as used throughout this Agreement, the following terms and expressions whether used in
the singular or plural, possessive or nonpossessive, and/or either within or without quotation
marks, shall be defined and interpreted as provided herein. The parties further agree that as
defined herein the terms "MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY
OFFICIAL", "SHERIFF'S DEPUTY" and "SHERIFF'S DEPUTIES" shall include any person who,
at the time relevant to any issue, claim, or interpretation of this Agreement, was either a
"MUNICIPALITY OFFICIAL", "MUNICIPALITY AGENT", "COUNTY OFFICIAL", or "SHERIFF'S
DEPUTY" but, for any reason, is no longer employed in that capacity.
a. “CLAIM” shall be defined to include any and all losses, complaints, demands for
relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies,
penalties, costs and expenses, including, but not limited to, reimbursement for
reasonable attorney fees, witness fees, court costs, investigation, litigation expenses,
amounts paid in settlement, and/or any other amount for which either party becomes
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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legally and/or contractually obligated to pay, whether direct, indirect or consequential,
whether based upon any alleged violation of the constitution (federal or state), any
statute, rule, regulation, or the common law, whether in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
b. "COUNTY OFFICIAL" shall be defined to include any and all COUNTY
representatives elected by popular vote to a COUNTY office or such persons appointed,
pursuant to state law, to fill a vacant elected office pending an election.
c. “MARINE LAW” means Subchapter 5 (“Watercraft and Marine Safety”) of the
Natural Resources and Environmental Protection Act (Public Act 451 of 1994), rules
promulgated thereunder by the Michigan Department of Natural Resources, and local
ordinances adopted in conformity with this Act.
d. "MARINE PATROL SERVICES" shall be defined and interpreted as the
prevention and detection of MARINE LAW violations and the enforcement of MARINE
LAWS upon all lakes or waterways designated by the MUNICIPALITY. The MARINE
PATROL SERVICES contemplated and to be provided under this Agreement are strictly
limited to those governmental MARINE PATROL SERVICES authorized by law to be
performed by the O.C.S.O.
e. "MUNICIPALITY OFFICIAL" shall be defined to include any and all
MUNICIPALITY representatives elected by popular vote to a MUNICIPALITY office or
such persons appointed, pursuant to state law, to fill a vacant elected office pending an
election, and those individual MUNICIPALITY employees or agents whose specific job
responsibilities mandate the enforcement of state statutes or local ordinances such as
the Fire Marshall, Engineering or Housing Inspector, Ordinance Officer, or Weighmaster.
f. "MUNICIPALITY AGENT" shall be defined to include any and all MUNICIPALITY
employees, managers, departments, divisions, volunteers, agents, representatives,
predecessors, successors, attorneys, or auditors, other than MUNICIPALITY
OFFICIALS as defined above (whether such persons act, or acted, in their personal,
representative, or official capacities), and/or any and all persons acting by, through,
under, or in concert with any of them.
g. "MUNICIPALITY LIAISON" shall be the defined as the chief elected official of the
MUNICIPALITY (i.e., City Mayor or Township Supervisor) or such other individual as
designated in writing by the MUNICIPALITY LIAISON to act in this capacity for all
purposes under this Agreement.
h. "O.C.S.O. LIAISON" shall be the defined as a SHERIFF'S DEPUTY contracted
for and assigned to provide LAW ENFORCEMENT SERVICES to the MUNICIPALITY
under this Agreement, who is designated by the SHERIFF to maintain all lines of
communications with the MUNICIPALITY LIAISON, as defined herein. The O.C.S.O.
LIAISON will generally be the commanding officer, or a SHERIFF'S DEPUTY
designated, in writing, by the SHERIFF to perform this function.
i. "SHERIFF'S DEPUTY" or "SHERIFF'S DEPUTIES" shall be defined to include
any Captain, Lieutenant, Sergeant, Deputy II, Deputy I, Special Deputy, Patrol
Investigator, Detective Sergeant, or any other person or persons of any rank,
classification, or title who, pursuant to state law, is a sworn Deputy of the SHERIFF.
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2. The SHERIFF shall assign SHERIFF'S DEPUTIES, in such Number(s) and Rank(s) as
shown in SCHEDULE A - SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE
ASSIGNED TO MUNICIPALITY (hereafter "SCHEDULE A"), which is attached to, incorporated
in and made part of this Agreement, to perform any and all O.C.S.O. MARINE PATROL
SERVICES contemplated in this Agreement within the corporate limits of the MUNICIPALITY.
MARINE PATROL SERVICES, as defined above, shall not include O.C.S.O. police-related
"Support Services," such as Arson Investigation and Detective and Crime Lab services, which
the O.C.S.O. now provides on a County-wide basis, unless expressly stated to the contrary
herein. Nevertheless, such additional "Support Services" shall continue to be made available,
at no additional cost to the MUNICIPALITY, to the same extent that the O.C.S.O. continues to
make such law enforcement "Support Services" available, at no additional charge, to all other
communities within Oakland County.
a. The MUNICIPALITY acknowledges that, except as provided for under the terms
of this Agreement, the SHERIFF has only limited responsibility for MARINE PATROL
SERVICES in the MUNICIPALITY and is not otherwise required, except as provided
herein, to assign any specific Number(s) or Rank(s) of SHERIFF'S DEPUTIES to provide
MARINE PATROL SERVICES to the MUNICIPALITY.
b. The SHERIFF will make every reasonable effort to provide professional MARINE
PATROL SERVICES to the MUNICIPALITY, following generally accepted standards for
police protection, with the levels of staff provided for in SCHEDULE A.
c. Notwithstanding any other provision in this Agreement, this Agreement shall not
be interpreted to include any warranty, promise or guaranty, either express or implied, or
of any kind or nature whatsoever, in favor of the MUNICIPALITY and/or any other
person or MUNICIPALITY resident that the O.C.S.O.'S provision of MARINE PATROL
SERVICES under this Agreement will result in any specific reduction or prevention of
criminal activity within the MUNICIPALITY or any other performance-based outcome.
3. The O.C.S.O. and the MUNICIPALITY agree that the sole and exclusive purpose of this
Agreement is to provide governmental MARINE PATROL SERVICES in and for the
MUNICIPALITY. Except as otherwise expressly provided for in this Agreement, the
MUNICIPALITY agrees that this Agreement does not, and is not intended to, create, by
implication or otherwise, any specific, direct or indirect obligation, duty, promise, benefit, and/or
special right to the O.C.S.O.' s MARINE PATROL SERVICES in favor of or to the benefit of any
particular person beyond that of the O.C.S.O.'S or any SHERIFF'S DEPUTY'S law enforcement
duty, as established under existing law, to the general public.
4. Except as otherwise expressly provided for in this Agreement, any SHERIFF'S DEPUTY
contracted for and assigned to provide MARINE PATROL SERVICES to the MUNICIPALITY, as
provided for in SCHEDULE A, shall work, during those hours for which the MUNICIPALITY is
being charged, only on MUNICIPALITY-related police matters. It is understood and agreed,
however, that "Mutual Aid" between communities may be provided to surrounding communities.
"Mutual Aid," as used in the previous sentence, means that any SHERIFF'S DEPUTY
contracted for and assigned to the MUNICIPALITY may be absent from the MUNICIPALITY, at
MUNICIPALITY’S expense, when temporarily called to the aid of another community due to an
emergency or other exceptional circumstance or because a SHERIFF'S DEPUTY possesses
some special skill or qualification temporarily needed in that other community.
5. Under the terms of this Agreement, the O.C.S.O. shall assign to the MUNICIPALITY the
Number(s) and Rank(s) of SHERIFF'S DEPUTIES shown in SCHEDULE A to perform all of the
MARINE PATROL SERVICES contemplated under this Agreement.
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a. Except as may otherwise be expressly provided in this subparagraph or in
SCHEDULE A, whenever any SHERIFF’S DEPUTY contracted for and assigned
to provide MARINE PATROL SERVICES to the MUNICIPALITY is not present in
the MUNCIPALITY’S geographical area, due to any of the reasons described in
subparagraphs 1 - 3 below, such periods of time shall be included in and counted
toward the hours allotted for MARINE PATROL SERVIES set forth in
SCHEDULE A:
1. Travel time, on a daily basis, to or from the O.C.S.O. in Pontiac,
Michigan, at the beginning of or end of any shift by any SHERIFF’S
DEPUTY if that SHERIFF DEPUTY’S shift starts or ends in Pontiac;
2. Appearance in any Court or at any meeting with any other law
enforcement agency in connection with any prosecution or Court
appearance related to MUNICIPALITY’S marine patrol activities;
3. Performance of any MARINE PATROL SERVICES for the
MUNICIPALITY that takes any SHERIFF'S DEPUTY outside the
MUNICIPALITY'S geographical area; and
b. Subject to the SHERIFF'S right to consolidate the assigned shifts of SHERIFF'S
DEPUTIES in order to concentrate marine patrol efforts to meet particular marine law
enforcement priorities and needs, the SHERIFF shall assign SHERIFF DEPUTIES
contracted for under this Agreement so as to provide the broadest possible coverage of
MARINE PATROL SERVICES to the MUNICIPALITY.
c. All O.C.S.O. policies, procedures, employment contracts, etc., which may be
applicable to this Agreement shall be made available by the SHERIFF for inspection by
the MUNICIPALITY LIAISON at the O.C.S.O., by appointment, during normal business
hours.
6. The MUNICIPALITY shall not have the right under this Agreement to assign, delegate,
or otherwise, transfer, promise, commit, or lend any O.C.S.O.'S or SHERIFF DEPUTY'S
services, duties, or obligations under this Agreement to any other public or private person,
corporation, entity, or organization of any kind. In the event that the MUNICIPALITY perceives
the need for any SHERIFF'S DEPUTY'S MARINE PATROL SERVICES beyond those
SHERIFF'S DEPUTIES' services contracted for in SCHEDULE A, due to some unusual
MUNICIPALITY circumstances that, in the MUNICIPALITY'S judgment, may require additional
MARINE PATROL SERVICES, the MUNICIPALITY shall address such concerns for additional
MARINE PATROL SERVICES to the SHERIFF as provided for in this Agreement (i.e.,
preceding Paragraph).
7. The MUNICIPALITY will pay the O.C.S.O. for all SHERIFF'S DEPUTIES' MARINE
PATROL SERVICES rendered pursuant to this Agreement at the hourly rates shown in
SCHEDULE A. The MUNICIPALITY further agrees to reimburse the O.C.S.O. for any and all
additional hours of work, overtime, and/or holiday pay costs incurred by the O.C.S.O. in
providing MARINE PATROL SERVICES to the MUNICIPALITY under the terms of this
Agreement. For every monthly period (corresponding to established O.C.S.O. payroll periods)
during which any SHERIFF'S DEPUTY renders any MARINE PATROL SERVICES to the
MUNICIPALITY under the terms of this Agreement, the O.C.S.O. shall prepare and send to the
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MUNICIPALITY an invoice that sets forth the monthly amount due for each SHERIFF'S
DEPUTY'S MARINE PATROL SERVICES rendered during that monthly period, plus any
charges for any additional hours of work, overtime, and/or holiday pay, as provided for herein,
during that bi-weekly billing period. All overtime charges are to be itemized and designated for
the reason incurred. The MUNICIPALITY agrees to pay to the COUNTY the full amounts due
on any such invoice within 30 days of the invoice date.
8. If the MUNICIPALITY fails, for any reason, to pay the COUNTY any monies when and
as due under this Agreement, the MUNICIPALITY agrees that unless expressly prohibited by
law, the COUNTY or the County Treasurer, at their sole option, shall be entitled to set-off from
any other MUNICIPALITY funds that are in the COUNTY’S possession for any reason. Funds
include but are not limited to the Delinquent Tax Revolving Fund (“DTRF”). Any set-off or
retention of funds by the COUNTY shall be deemed a voluntary assignment of the amount by
the MUNICIPLIATY to the COUNTY. The MUNICIPALITY waives any CLAIMS against the
County or it’s Officials for any acts related specifically to the COUNTY’S off-setting or retaining
such amounts. This paragraph shall not limit the MUNICIPALITY’S legal right to dispute
whether the underlying amount retained by the COUNTY was actually due and owing under this
Agreement. If the County chooses not to exercise its right to set-off or if any setoff is insufficient
to fully pay the COUNTY any amounts due and owing the COUNTY under this Agreement, the
COUNTY shall have the right to charge up to the then-maximum legal interest on any unpaid
amount. Interest charges shall be in addition to any other amounts due to the COUNTY under
this Agreement. Interest charges shall be calculated using the daily unpaid balance method and
accumulate until all outstanding amounts and accumulated interest are fully paid. Nothing in
this section shall operate to limit the COUNTY’s right to pursue or exercise any other legal rights
or remedies under this Agreement against the MUNICIPALITY to secure reimbursement of
amounts due the County under this Agreement. The remedies in this Section shall be available
to the COUNTY on an ongoing and successive basis if the MUNICIPALITY at any time
becomes delinquent in its payment. Notwithstanding any other term and condition in this
Agreement, if the COUNTY pursues any legal action in any court to secure its payment under
this Agreement, the MUNICIPALITY agrees to pay all costs and expenses, including attorney’s
fees and court costs, incurred by the COUNTY in the collection of any amount owed by the
MUNICIPALITY.
9. The MUNICIPALITY and the O.C.S.O. agree and warrant that neither the O.C.S.O. nor
any SHERIFF'S DEPUTY, by virtue of this Agreement or otherwise, shall be considered or
claimed to be an employee of the MUNICIPALITY and further agree that, at all times and for all
purposes under the terms of this Agreement, the O.C.S.O.'S legal status and relationship to the
MUNICIPALITY shall be that of an INDEPENDENT CONTRACTOR. The MUNICIPALITY also
agrees that in any writing or any other communication prepared by, for, or at the direction of the
MUNICIPALITY, the MUNICIPALITY shall neither state, suggest, nor imply that any
employment status and/or employment relationship exists between any SHERIFF'S DEPUTY
and the MUNICIPALITY.
10. The MUNICIPALITY and the O.C.S.O. agree and warrant that, at all times and for all
purposes relevant to this Agreement, the O.C.S.O. shall remain the sole and exclusive employer
of all SHERIFF'S DEPUTIES and that the O.C.S.O. shall remain solely and exclusively
responsible for the payment of all SHERIFF'S DEPUTIES' wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or reimbursements
of any kind, including, but not limited to, workers' disability compensation, unemployment
compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any
other statutory or contractual right or benefit based, in any way, upon any SHERIFF'S
DEPUTY'S status as an employee of the O.C.S.O. Except as expressly provided otherwise in
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this Agreement, the MUNICIPALITY shall not grant, give, allow, pay, reimburse, compensate, or
otherwise provide any wages, fringe benefits, privileges, gifts, equipment, automobiles, personal
property, supplies, benefits, entitlement, consideration (monetary or otherwise) or any other
thing of value, either directly or indirectly, to, for the use by, or on behalf of, any individual
SHERIFF'S DEPUTY. Any consideration, monetary or otherwise, paid directly to the COUNTY
and/or any personal property, automobiles, or any portable equipment (e.g., portable
telephones, portable computers, , etc.) supplied, provided, and/or leased directly to the
COUNTY shall not, for any purpose of this Agreement, be interpreted as being provided by the
MUNICIPALITY, either directly or indirectly, to, for the use by, or on behalf of, any individual
SHERIFF'S DEPUTY.
11. Except as expressly provided for in this Agreement, the parties agree that this
Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any
civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability
associated with any governmental function delegated and/or entrusted to either party under any
existing law or regulation.
12. Except as expressly provided for under the terms of this Agreement, no SHERIFF'S
DEPUTY while acting under the terms of this Agreement shall perform any services directly or
otherwise be available to perform any other work or assignments, and no SHERIFF'S DEPUTY
shall be otherwise employed or utilized, in any manner or capacity, by the MUNICIPALITY.
13. The MUNICIPALITY shall not provide, furnish or assign any SHERIFF'S DEPUTY with
any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt
to control, supervise, train, or direct any SHERIFF'S DEPUTY in the performance of any
O.C.S.O.'S duty or obligation under the terms of this Agreement.
14. The MUNICIPALITY agrees to promptly notify and/or provide the SHERIFF with any
information that may come to its knowledge or possession regarding any act contrary to the
terms and conditions of this Agreement, or any other questionable act(s) or omission(s), or any
allegation of same, by any SHERIFF'S DEPUTY. The MUNICIPALITY also agrees that it shall
promptly deliver to the SHERIFF written notice and copies of any complaint(s), charge(s), or any
other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, which the
MUNICIPALITY becomes aware of regarding any SHERIFF'S DEPUTY. The MUNICIPALITY
agrees to cooperate with the O.C.S.O. in any investigation conducted by the SHERIFF into the
character and/or fitness of any SHERIFF'S DEPUTY.
15. The O.C.S.O. shall be solely and exclusively responsible for providing SHERIFF'S
DEPUTIES with all necessary tools, boats, automobiles, radios, communications equipment,
firearms, and any and all other equipment that the O.C.S.O., in its sole judgment, deems
required or beneficial for the completion of any O.C.S.O.'S duty under the terms of this
Agreement. The O.C.S.O. shall also be solely and exclusively responsible for any and all
SHERIFF'S DEPUTIES' business expenses, licenses, taxes, uniform or equipment costs,
insurance(s), supplies, etc., except that any stationery, notices, forms, MUNICIPALITY
ordinance appearance tickets, etc., which are required to bear the name of the MUNICIPALITY,
shall be supplied to the O.C.S.O. by the MUNICIPALITY at the MUNICIPALITY'S sole cost and
expense. In the event that the MUNICIPALITY wants any special or additional personal
property or equipment (i.e., cellular telephones, , personal items or equipment, portable
computers, automobiles, motorcycles, etc.) to be provided, at MUNICIPALITY expense or
otherwise, to any SHERIFF'S DEPUTY assigned to the MUNICIPALITY, the MUNICIPALITY
shall direct such requests to the O.C.S.O. which shall solely decide whether such personal
property or special equipment shall be provided. Any and all such additional personal property,
portable or individual use equipment or property, and/or any special equipment to be provided
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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02.04.2025
by the MUNICIPALITY shall be provided directly and exclusively to the O.C.S.O., and then
ONLY pursuant to a separate written lease agreement between the MUNICIPALITY and the
COUNTY. As intended by this Paragraph and elsewhere in this Agreement, no personal
property, supplies, or other equipment, nor the use thereof, shall be provided or made available
by the MUNICIPALITY directly to any SHERIFF'S DEPUTY, except through a written lease as
provided for in this paragraph.
16. Each party shall be responsible for any CLAIMS made against that Party and for the acts
of its Employees or Agents.
17. In any CLAIMS that may arise from the performance of this Agreement, each party shall
seek its own legal representation and bear the costs associated with such representation,
including any attorney fees.
18. Except as otherwise provided in this Agreement, neither Party shall have any right under
this Agreement or under any other legal principle to be indemnified by the other Party or any of
its agents or employees in connection with any CLAIM.
19. 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 for either Party.
20. Subject to the following Paragraph, this Agreement shall become effective at 12:01 A.M.,
May 1, 2025, and shall remain in effect continuously until it expires, without any further act or
notice being required by either party, at 11:59 P.M. on September 30, 2027. In addition, any
party may terminate this Agreement, prior to its September 30, 2027 expiration, upon written
notification to all others at least thirty (30) days prior to the proposed termination date, which
date shall be clearly stated in the written notice. Upon the expiration or termination of this
Agreement, all further O.C.S.O.'S obligations to provide MARINE PATROL SERVICES to the
MUNICIPALITY under this Agreement shall end.
21. This Agreement, and any subsequent amendments, shall not become effective prior to
the approval by concurrent resolutions of the COUNTY Board of Commissioners and the
MUNICIPALITY’S Governing Body. The approval and terms of this Agreement shall be entered
in the official minutes and proceedings of the COUNTY Board of Commissioners and
MUNICIPALITY Governing Body and shall also be filed with the office of the Clerk for the
COUNTY and the MUNICIPALITY. In addition, this Agreement and any subsequent
amendments shall be filed with the Secretary of State for the State of Michigan by the O.C.S.O.
and shall not become effective or implemented prior to its filing with the Secretary of State.
22. The parties shall send, by first class mail, or alternatively may deliver in person, any
correspondence and written notices required or permitted by this Agreement to each signatory
to this Agreement, or any signatory successor in office, to the addresses shown in this
Agreement. Except as otherwise provided for herein, all correspondence or written notices shall
be considered delivered to a party as of the date that such notice is deposited with sufficient
postage with the U.S. Postal Service or delivered to such person’s office during normal working
hours.
23. This Agreement is neither intended, nor shall it be interpreted, to create, change, modify,
supplement, supersede, or otherwise affect or control, in any manner or at any time, the terms
or conditions of employment of any SHERIFF'S DEPUTY with the O.C.S.O., any applicable
O.C.S.O. employment and/or union contract, and/or any O.C.S.O. rule(s), regulation(s), hours of
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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02.04.2025
work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc.,
which shall, solely and exclusively, govern and control the employment relationship between the
O.C.S.O. and any SHERIFF'S DEPUTY and/or the conduct and actions of any SHERIFF'S
DEPUTY. To illustrate, but not otherwise limit, this Agreement does not and shall not be
interpreted to limit, modify, control, or otherwise affect, in any manner:
a. The complete and unilateral discretion of the SHERIFF to either continue or
revoke the deputization of any SHERIFF'S DEPUTY, or any other person who, in the
SHERIFF'S sole judgment, he does not believe is qualified or otherwise fit to be a
SHERIFF'S DEPUTY.
b. The O.C.S.O.'S sole and exclusive right, obligation, responsibility, and discretion
to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline,
demote, layoff, furlough, discharge any SHERIFF'S DEPUTY and/or pay any and all
SHERIFF'S DEPUTY'S wages, salaries, allowances, reimbursements, compensation,
fringe benefits, or otherwise decide any and all such terms and conditions of
employment and make any and all employment decisions that affect, in any way, the
employment of any SHERIFF'S DEPUTY with the O.C.S.O., subject only to its collective
bargaining Agreements.
c. The SHERIFF'S sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational policies, procedures,
orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or
directive which, in any way, governs or controls any activity of any SHERIFF'S DEPUTY,
any necessary SHERIFF'S DEPUTY'S training standards or proficiency(ies), any level or
amount of required supervision, any and all standards of performance, any sequence or
manner of performance, and any level(s) of experience, training, or education required
for any SHERIFF'S DEPUTY performing any O.C.S.O. duty or obligation under the terms
of this Agreement.
24. This Agreement is made and entered into in the State of Michigan and shall in all
respects be interpreted, enforced and governed under the laws of the State of Michigan. The
language of all parts of this Agreement shall in all cases be construed as a whole, according to
its fair meaning, and not construed strictly for or against any party. As used in this Agreement,
the singular or plural number, the possessive or nonpossessive, shall be deemed to include the
other whenever the context so indicates or requires.
25. Absent an expressly written waiver, the failure of any party to pursue any right granted
under this Agreement shall not be deemed a waiver of that right with regard to any existing or
subsequent breach or default under this Agreement. No failure or delay by any party in
exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a
single or partial exercise of any right, power or privilege preclude any other or further exercise of
any other right, power or privilege.
26. This Agreement shall be binding upon the COUNTY, the SHERIFF, and the
MUNICIPALITY to the extent permitted by law, upon their successors and assigns, and all
persons acting by, through, under, or in concert with any of them.
27. This Agreement, consisting of eleven (11) pages, including SCHEDULE A, (incorporated
herein), sets forth the entire Agreement between the O.C.S.O. and the MUNICIPALITY with
regard to the O.C.S.O.'S provision of MARINE PATROL SERVICES and/or any SHERIFF'S
DEPUTY'S services to the MUNICIPALITY, and fully supersedes any and all prior agreements
or understandings between them in any way related to the subject matter hereof. It is further
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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02.04.2025
understood and agreed that the terms of this Agreement are contractual and are not mere
recitals and that there are no other agreements, understandings, or representations between
the O.C.S.O. and the MUNICIPALITY in any way related to the subject matter hereof, except as
expressly stated herein. This Agreement shall not be changed or supplemented orally. This
Agreement may be amended only by concurrent resolutions of the COUNTY Board of
Commissioners and the MUNICIPALITY Governing Body according to the procedures set forth
in this Agreement.
David T Woodward (Jun 19, 2025 12:09 EDT)
O.C.S.O. 2025-2027 MARINE PATROL SERVICES AGREEMENT WITH THE CHARTER TOWNSHIP OF WATERFORD
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02.04.2025
SCHEDULE A
MARINE PATROL AGREEMENT
2025-2027
Ranks: The Sheriff’s Deputies to be assigned to Municipality under the Agreement to
which this Schedule is attached will be Marine Deputies with a rank or
classification of “PTNE”, Part Time, Non-Eligible (for Benefits.)
Rates: The Hourly Rates upon which Municipality’s payment obligation shall be
determined are as follows:
* 2027 Rates are subject to change based on the Inflation Rate Multiplier (IRM).
Actual Rates to be determined November 2025. IRM is provided by the
Michigan State Tax Commission.
Lakes: The designated lakes and waterways upon which Marine Patrol Services as
defined in Section 1.d. of the Agreement to which this Schedule is attached are
to be provided shall be identified in writing by the municipality. Within this writing,
the MUNCIPALITY may include any requested schedule and a “NOT TO
EXCEED” amount of billings for lake or waterway.
Invoices: The invoices submitted by the O.C.S.O. to Municipality for Marine Patrol Services
shall identity the designated lake or waterway to which they relate.
Marine Deputy
with Boat $49.64 $54.15 $59.08
with Boat $64.30 $70.15 $76.54
$35.88 $39.14 $42.70
without Boat $50.54 $55.14 $60.16
TOWNSHIP BOARD MEETING MINUTES
CHARTER TOWNSHIP OF WATEFORD TOWNHALL AUDITORIUM
TUESDAY, MAY 27, 2025 6:00 P.M.
_____________________________________________________________________________________
BOARD MEMBERS PRESENT:
Anthony Bartolotta, Supervisor
Steve Thomas, Treasurer
Sam Harris, Trustee
Marie E. Hauswirth, Trustee
Gary Wall, Trustee
BOARD MEMBERS ABSENT:
Kim Markee, Clerk
Jeff Gilbert, Trustee
OTHERS PRESENT:
Russ Gerke
Grant Smith
Donna Wall
Bea Stephenson
Crystal McCready
Steve McCready
Lila Ball
Jeffrey Polkowski
Joellen Shortley
Art Frasca
John Gillooly
1. Supervisor Bartolotta called the meeting to order at 6:07 p.m.
2. Supervisor Bartolotta asked for a moment of silence and led the Pledge of Allegiance.
Moved by Harris,
Seconded by Wall, RESOLVED, to appoint Trustee Hauswirth as Acting Secretary in Clerk Markee’s
absence.
3. Roll call vote was taken. All board members were present except for Clerk Markee and Trustee Gilbert.
4. APPROVE AGENDA
4.1 May 27, 2025
Moved by Hauswirth,
Seconded by Thomas, RESOLVED, to amend the May 27, 2025, agenda by adding new business item No 10.4
– Assignment Contracts – Halt Fire/Reliant Fire Sale Related to the Purchase of Two (2) Pierce Fire Engine
Orders. A roll call vote was taken.
Motion carried unanimously.
Moved by Wall,
Seconded by Thomas, RESOLVED, to approve the May 27, 2025, agenda as amended. A roll call vote was
taken.
Motion carried unanimously.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 2
5. ANNOUNCEMENTS
5.1 Heads up, pet parents! Oakland County Animal Control will not be mailing out dog license reminders this
year—a big change that could catch many off guard. Dog licenses will be considered delinquent after
June 1, 2025, so now is the time to renew and avoid late fees! Here’s a quick breakdown of current
license fees: Standard Fees (before June 1): • Spayed/Neutered: $15.00 (3-year: $40.00) •
Male/Female: $25.00 (3-year: $70.00) • Senior Discount Available! - Spayed/Neutered: $14.00 (3-year:
$37.00) - Male/Female: $23.00 (3-year: $64.00) After June 1 (Delinquent Rates): • 1-year license:
$40.00 (applies to all dogs, regardless of spay/neuter or age) • 3-year Male/Female: $85.00 • 3-year
Male/Female (Senior): $79.00 • 3-year Spayed/Neutered: $55.00 • 3-year Spayed/Neutered (Senior):
$52.00 Learn more or renew online at oakgov.com
5.2 The Waterford Area Chamber of Commerce and Waterford Parks and Recreation Present the 2025
Summer Concerts in the Park series! Join them every Thursday in June for live music, local food vendors,
and community fun at Hess -Hathaway Park! Grab your lawn chairs, blankets, and your favorite people for
a night of unforgettable tunes under the stars. Each week features a new band with live music starting at
6:00 p.m., delicious food and drinks for sale, and a lot of dancing on the grass! It’s family-friendly, free to
attend, and the perfect way to kick off your summer weekends early! Hope to see you every Thursday in
June!
5.3 The Waterford Optimist Club is joining forces with the Huron Valley Optimist Club to host their annual
Fishing Derby on June 7, 2025. This annual event is scheduled during free fishing weekend in Michigan,
so no licenses are required to participate. The event will take place at the Pontiac Lake Recreation Area
at the Fishing Pier. There will be three age groups: 6 and Under (9:00 a.m.), 7 to 9 (10:00 a.m.), and 10 to
12 (11:00 a.m.). Pre-registration is encouraged by scanning the QR code on the flyer or by emailing
Huronvalleyoptimist@gmail.com. The Bait Shop will provide poles, bait, and fishing tips! Please arrive at
least 15 minutes before your age group's check-in time and receive your free t-shirt.
5.4 Join the community at the annual Peacefest event featuring art, music, weirdos, and fun at L.A. Cafe at
Dixie and Andersonville Rd. in Waterford on June 7th and 8th from 9:00 a.m. to 4:00 p.m. each day. More
than 120 artists showcasing and selling their unique creations are joined by 12 local bands playing live
music all weekend. Stop in the cafe for great food and drinks, and check out the visiting food trucks, too!
5.5 The Waterford Area Chamber of Commerce and Waterford Parks and Recreation present Moviepalooza!
Join us at a new location this year in the parking lot of Mott’s Pool and Fitness Center on June 13th.
Gates open at 6:30 p.m. for activities, inflatables, live wrestling, and concessions for sale – the movie
starts at dusk. This year we are showing a family favorite The Garfield Movie. It's just $5 per person to
attend. Hope to see you there!
5.6 Join us at the Ribbon Cutting for the completion of the Riverwalk on the Clinton River in the center of
Waterford Township on Saturday, June 28, 2025, at 11:00 AM in the parking lot of Community of Christ
Church, 1990 Crescent Lake Rd at Tubbs Rd. There wi ll be Music, Information Tables, the Detroit
Institute of Arts Inside Out artwork on the Riverwalk, and the opening of the outdoor art exhibition Blowin’
in the Wind. You will enjoy strolling on the new boardwalk over wetlands and the new 100’ bridge over the
river. We will also celebrate the America in Bloom/CN Railways grant for tree planting. This is a family -
friendly activity; bring the kids.
5.7 It’s time to improve our yards, homes, and outside areas. The Waterford Township Clerk’s Office would
like to recognize homeowners and HOAs who take pride in making their exteriors beautiful. If you are
interested in participating, please submit a form and a picture (optional) by July 31, 2025. The form can
be found on the Township’s website @ www.waterfordmi.gov/clerk, the Clerk’s Office, or by emailing
kmarkee@waterfordmi.gov. Award signs will be placed on the winners’ property during the last two weeks
of August. Call Clerk Kim Markee at 248-674-6266 with any questions.
5.8 Waterford residents interested in taking on a subdivision road repaving project through a Special
Assessment District may apply for up to 10% project funding contribution from the Township. To get
started, visit www.waterfordmi.gov/roads for more information, including videos, brochures, and details
about the process. There is still $1 million available for subdivision road repaving contributions.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 3
5.9 Are you traveling soon? Do you need a passport? Get your passport before you book international
travel. Many countries require six months of passport validity to enter, so we recommend applying six to
nine months before the expiration date or travel. Book your passport appointment now with the Waterford
Township Clerk’s Office by going to www.waterfordmi.gov/passports or calling 248-674-6266. The
current processing time is six to eight weeks. If you need it sooner, it will cost an additional
$60.00. Passport Photos are also available at the Township Clerk’s Office. If you are traveling soon,
don’t delay, book your appointment today with the Waterford Township Clerk’s Office. For more
information, visit www.waterfordmi.gov/passports or call 248-674-6266.
6. Public Comments
After being recognized by the Supervisor, individuals in the audience may address the Township Board.
Please go to the podium and provide name and address.
No one addressed the Board of Trustees.
7. Consent Agenda
Board Members may remove items from the Consent Agenda for discussion purposes or for the purpose of
voting in opposition. Public comment for items removed from the consent agenda may be received in the same
manner immediately following the Consent Agenda.
7.1 May 12, 2025, Meeting Minutes
7.2 May 27, 2025, Bill Payment
7.3 Receive the Treasurer's Office March 2025 Report
Moved by Thomas,
Seconded by Wall, RESOLVED, to approve consent agenda items 7.1 through 7.3. A roll call vote was taken.
Motion carried unanimously.
8. Board Liaison Reports (Verbal)
Supervisor Bartolotta
Trustee Bartolotta read the May 21, 2025, Plante Moran Realpoint meeting minutes.
1. The Rewold contract has been signed. There has been two (2) discussions / meetings with
Neumann Smith about contract adjustments. Joellen was present at each meeting. Some
adds and deletions were made and accepted by both parties. N/S requested adjustment to
an article related to risk management which Joellen deferred to the Twp Risk Manager.
Joellen provided her final comments on May 15, 2025. Plante Moran Realpoint has sent her
comments to Neumann Smith.
2. The Waterford Township Board of Trustees meeting to approve the OCC land sale is June 9,
2025.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 4
Board Liaison Reports (Verbal) Continued.
3. Ken Reynolds reach out to Plant Moran Realpoint to ask when the High Oaks construction
would be demolished for heating purposes. Plant Moran Realpoint stated that construction
would tentatively start the first or second quarter of 2026 so the building would need to be
conditioned for the winter of 2025-2026.
4. The land sale cost is expected to be $2.8M exclusive of closing costs. Plant Moran Realpoint
requested Waterford Township to set up a meeting with Baker Tilly to discuss the advantages
and disadvantages of having a one series or two series bond issue relative to current market
conditions and potential earned interest. Plante Moran Realpoint prov ided a draft cash flow
during the meeting. It appears that if a two service bond is issued for $10M, a second series
issue would need to be scheduled for July 2026.
5. Plante Moran Realpoint provided (3) scenarios for building/site development Neumann Smith
are exploring. It was stated numerous times to the team that the design-to-to build budget is
$22M. The site budget allocation would be more flexible to offset potential cost needs for the
community center build.
6. Some discussions occurred regarding the site amenities such as pickleball and tennis courts.
There is a need for separate restrooms near the fields. The softball press box would be
demolished and not rebuilt. The amphitheater should be a simple post and beam structure
and mindful of handicap accessibility.
7. The governance procedures draft has been reviewed and adjusted by the Community Center
team. Board approval will be scheduled for June 23rd. Plante Moran Realpoint will issue a
meeting invite.
8. E-builder training will be scheduled for June 23rd at 10:00 a.m.
9. The next owners meeting will be June 3rd at 3:30 p.m.
Trustee Wall
Trustee Wall provided a Riverwalk construction update. On Friday, May 23rd he met with the DIA
Art Exhibits and half of the exhibits were in. The Riverwalk ribbon cutting will take place on June
28th at 11:00 a.m.
Trustee Harris
Trustee Harris reviewed the Waterford Youth Assistance meeting. It was questioned if there will
be space for the Waterford Youth Assistance at the new Community Center. He also inquired when
the public can get involved with determining programs and services for the community center.
Supervisor Bartolotta stated he recently attended a meeting with Grant Smith, Waterford Youth
Assistance, Alison and Megan to see where they will go. Youth Assistance is currently speaking
with the Waterford School District to see if they have space. It’s unclear if there will be room at the
new Community Center.
Neumann Smith has not provided any design yet. There will be community input in the future.
Currently, they are working with Alison to determine the needs.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 5
9. Introduction
9.1 Possible Introduction of Ordinance 2025-001 – Administrative Amendment – Retirement
The following memo was received by Cynthia Billings Dunn, AsherKelly Law Firm.
This Amendment revises the employee committee member position so that it may be filled by either
an employee or a retiree of the Retirement System.
Originally the Ordinance provided for 5 committee members: the Treasurer, 2 citizens and 2
employee members of the System. However, the pool of employee members eligible to be elected
to the committee is very small. When committee member Barbara Miller resigned from the
committee, the committee was unable to fill this vacant position with an active employee. In
November 2022, the Township Board amended the Ordinance to provide that one of the employee
positions could be held by either an employee or a retiree.
Recently, committee member Andrew Mutch retired and is no longer eligible to keep his position
as the employee member on the committee. This has placed the retirement committee in a similar
position of having a vacant position on the committee. The proposed Amendment would allow both
employee positions to be held by either an employee or a retiree.
If the Township attorney has any questions with respect to this amendment, please have them give
me a call so that we may discuss this matter.
CHARTER TOWNSHIP OF WATERFORD
ORDINANCE NO. 2025-001
ADMINISTRATION ORDINANCE AMENDMENT - RETIREMENT
An Ordinance to amend the Administration Ordinance codified in Division 1 Retirement in Chapter
2 of the Waterford Charter Township Code to revise the Committee Member election process.
THE CHARTER TOWNSHIP OF WATERFORD ORDAINS:
Section 1 of Ordinance
Section 2-091 of the Waterford Charter Township Code is amended as follows:
Section 2-091. Committee over pension plan.
There is hereby created a pension committee which is vested with the power and authority to
administer, manage and operate and to interpret and implement the provision of this article
pertaining to the pension plan. The pension committee shall consist of five (5) committee persons
as follows:
(a) The Township Treasurer
(b) Two (2) citizens who are electors of the Township and who are neither a member, retirant,
nor beneficiary of the retirement system, to be appointed by the Township Board.
(c) Two (2) members or retirants of the retirement system (or one (1) member of the retirement
system and one (1) member of the retirement system, who may be retired) to be elected
by the members and retirants of the system in accordance with such rules and regulations
as the committee shall from time to time adopt to govern such elections. No more than
one (1) such committee person shall be from the same Township Depa rtment. Members
of the police and fire pension system who are participants in the defined co ntribution plan
are not eligible to serve on the pension committee.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 6
Possible Introduction of Ordinance 2025-001 – Administrative Amendment – Retirement.
Section 2 of Ordinance
Should any part of this ordinance be declared invalid by a Court, it shall not affect the validity of the
Ordinance as a whole or any part thereof other than the part as invalidated.
Section 3 of Ordinance
This Ordinance shall take effect immediately upon publication.
CERTIFICATION
I certify that this Ordinance was adopted by the Board of Trustees of the Charter Township of
Waterford at a regular meeting held on June 9, 2025.
CHARTER TOWNSHIP OF WATERFORD
By: _____________________________________
Kimberly F. Markee, Township Clerk
Moved by Thomas,
Seconded by Wall, RESOVLED, to introduce Ordinance 2025-001 – Administrative Amendment – Retirement;
furthermore, to place on the June 9, 2025 regular board agenda for possible adoption. A roll call vote was taken.
Motion carried unanimously.
10. New Business
10.1 2025-2027 Oakland Sheriff’s Office Marine Patrol Services Agreement
CHARTER TOWNSHIP OF WATERFORD
OAKLAND COUNTY SHERIFF’S OFFICE
2025-2027 MARINE PATROL SERVICES RESOLUTION
RECITALS:
A. The Oakland County Sheriff’s Office is authorized to enforce Marine Law, but absent an
agreement such as the one attached to this resolution, has only limited responsibility to
do so within Waterford Township.
B. The Oakland County Sheriff’s Office and Waterford Township may enter into an
agreement under which the OCSO would enforce Marine Law in Waterford Township.
C. Waterford Township desires to continue contracting services from the Oakland County
Sheriff’s Office for the enforcement of Marine Law in Waterford Township in accordance
with the attached three-year agreement for 2025, 2026, and 2027.
D. Services will be contracted for Lotus Lake, Maceday Lake, Williams Lake and Elizabeth
Lake per the fee schedule detailed in Schedule A in the attached agreement.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 7
2025-2027 Oakland Sheriff’s Office Marine Patrol Services Agreement Continued.
Administration of fee collection and invoice payment shall be coordinated through the
Waterford Township Treasurer’s Office.
E. The Waterford Township Board of Trustees does authorize the Township Supervisor and
Township Clerk to sign this agreement on behalf of Waterford Township.
IT IS THEREFORE RESOLVED THAT:
The Supervisor and Clerk are authorized to execute the 2025-2027 Oakland County Sheriff’s
Office Marine Patrol Services Agreement with the Charter Township of Waterford and to sign
all documents necessary to executing the agreement.
CERTIFICATION
I hereby certify that this Resolution was adopted by the Charter Township of Waterford
Board of Trustees at a regular meeting of the Board on May 27, 2025.
Charter Township of Waterford
Date Kim Markee, Township Clerk
Moved by Thomas,
Seconded by Wall, RESOLVED, to approve the 2025-2027 Oakland Sheriff’s Office Marine Patrol
Services Resolution. A roll call vote was taken.
Motion carried unanimously.
10.2 2025 Concerts in the Park Alcohol Sales License Agreement
PARK ALCOHOL SALES LICENSE AGREEMENT
This License Agreement (“License”), made and entered into on the date it has been fully
signed, is between the Charter Township of Waterford (“Township”), whose address is 5200 Civic
Center Drive, Waterford, MI 48329, and the Waterford Area Chamber of Commerce (“Licensee”),
whose address is 2309 Airport Road, Waterford, MI 48327, for the use by Licensee of the portion
of the Township’s Hess-Hathaway Park with an address of 825 S. Williams Lake Road,
Waterford, MI 48327, as shown on the attached plan and referred to as the “Premises”.
RECITALS:
A. Licensee requested Township Board approval to allow use of the Premises for
the sale, service and consumption of alcohol at the Concert-in-the-Park scheduled to be held on
June 5, 2025, June 12, 2025, June 19, 2025, and June 26, 2024 (the “Events”):
May 27, 2025 TOWNSHIP BOARD MINUTES Page 8
2025 Concerts in the Park Alcohol Sales License Agreement Continued.
B. Section 12-002 of the Township Code of Ordinances provides an exception from
the prohibition on possessing, dispensing and use of alcoholic beverages in Township parks, for
specially approved events in conjunction with a service club or other establishe d entity or group
that will supervise the possession, dispensing and consumption of alcoholic beverages in
compliance with a Michigan Liquor Control Commission (“MLCC”) liquor license.
C. On May 27, 2025, the Township Board approved Licensee’s request subject to
this License being signed and complied with.
IT IS THEREFORE AGREED AS FOLLOWS:
1. Grant of License. For and in consideration of the benefits to the Township of the
Events, the Township grants permission by this revocable license for Licensee to use the
Premises for alcohol sales, service and consumption at the Events, subject to and in accordance
with all of the terms and conditions of this License.
2. Alcohol Use Location, Costs and Expenses. The licensed use shall be limited to
the Premises, with Licensee solely responsible for all costs and expenses incurred in the licensed
use and in complying with terms and conditions of this License.
3. Use of Premises. The use rights granted in this License are subject to the
Township’s rights to protect the public health, safety and welfare, and may be suspended or
terminated at any time by the Township Parks Superintendent, Police Department, or Fire
Department for those purposes, or if the use is creating a nuisance or threatening condition.
Licensee assumes all risk of damages from any such suspension or termination and waives and
releases the Township from any claims for such damages.
4. Maintenance. Licensee agrees to use and maintain the Premises in a clean,
safe and good condition and as required by the Township Parks Superintendent, Police
Department, or Fire Department, and to promptly clean up and restore the Premises to the pre-
Event conditions after the Events.
5. MLCC License. Licensee’s rights to use the Premises for alcohol sales at the
Events are conditioned on Licensee obtaining and providing a copy of the required MLCC license
and all related MLCC documents to the Township Park Director no later than the day before the
Event. The sale of alcohol by Licensee at the Premises shall be in strict compliance with the
required MLLC license, with a violation of any condition or requirement of the MLCC license being
grounds for the immediate revocation of this License by the Township Park Superintendent or
Police Department. Licensee shall provide copies of the MLLC license, bond and other
documents related to such alcohol sales to the Township Parks Superintendent.
6. Indemnification. Licensee shall defend, pay on behalf of, indemnify, and hold
harmless the Township, its elected and appointed officials, employees, volunteers, and other
persons working on behalf of the Township, from and against any and all claims, demands, suits,
or loss, including all costs and attorney’s fees connected therewith, and from any and all
damages which may be asserted, claimed, or recovered for personal injury, including bodily injury
or death and/or property damage, including loss of use thereof, arising out of or in any way
connected or associated with this License and the use of the Premises for the Events. The
Township shall provide notice to Licensee within a reasonable time of the receipt of any claim
arising under this License.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 9
2025 Concerts in the Park Alcohol Sales License Agreement Continued.
7. Insurance. Licensee shall secure and maintain general liability and liquor liability
insurance for the Premises in the minimum amount of $1,000,000.00 and naming the Township
and its officials and employees as an additional insured and certificate holder on those policies
with proof of such insurance being provided to the Township prior to the Events.
CHARTER TOWNSHIP OF WATERFORD
________________________ ________________________________________
Date Anthony Bartolotta, Supervisor
________________________ ________________________________________
Date Kimberly Markee, Clerk
WATERFORD AREA CHAMBER OF COMMERCE
________________________ ________________________________________
Date Nikki Tippett, Executive Director
Moved by Thomas,
Seconded by Harris, RESOLVED, to approve the 2025 Concerts in the Park Alcohol Sales License
Agreement. A roll call vote was taken.
Motion carried unanimously.
10.3 Consider Report and Recommendation Regarding Encore Adult Day Services Program
Attorney John Gillooly, Senior Partner; Garan Lucow Miller addressed the Board of Trustees. Attorney
Gillooly was retained by the Supervisors office to draft a report and recommendation regarding the
Encore Day Care Program. Attorney Gillooy clarified that no one has attempted to influence the
conclusions/opinions presented.
Attorney Gillooly stated that Adult Daycare Centers play a crucial role in our societies. It’s critical to
support the needs of our older adults in a positive manner. These programs serve a lifeline for the
attendees and caregivers. The program of Encore is approximately 34/35 people, 14 of whom are
Waterford residents. It is operated 5 days a week, 8 hours a day, from 8:00 a.m. to 4:00 p.m. It is the
longest hourly operating program in the area. Ms. Asdell, Senior Coordinator for the Encore Program, and
her team have their best interest at heart for the individuals that they serve.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 10
Consider Report and Recommendation Regarding Encore Adult Day Services Program Continued.
The Encore Program was a program operated by the Waterford School District and took over on January
1, 2025. The operation of Encore Adult Day Services is not appropriate for the Waterford Township to
continue to be involved in moving forward. It can result in significant legal liability and significant
economic expenses going forward.
There have been interesting and alarming trends and Attorney Gillooly stated the following reasons for
discontinuing the Adult Day Services Program.
1. The Adult Day Services Program is not specifically certified to operate in Waterford Township.
While it’s not operating illegally, as a recipient of Federal Funds, it’s critical that all federal
mandates be complied with.
2. The Program’s staffing ratio is minimally staffed according to required State standards with a 5-1
Ratio (one employee to 5 patients); it is critical that staffing be beyond minimum standards.
3. The hours of operation.
4. The building was not designed to provide services Adult Day Care. The parking lot and sidewalks
need real work, when the program opened in January, the Fire Marshal found over 40 violations,
and the building needs to be brought into compliance with the American with Disabilities Act, and
limited camera system.
5. We are not authorized to dispense medication. We can only give reminders and there is a very
fine line weather it’s a reminder or dispensing a medication.
6. Financial constraints; Federal funding could be pulled at any time, without any notice.
7. Clients have gotten out (Elopement) of a building unbeknown to Staff. There has to be more
significant safeguards to these people. This has happened twice since May 9th.
Staff suggested that the program needs to be redesigned and reim agined. While the WSD had it there
was little or no oversight and some of the bad habits have continued. It takes significate oversight from
Human Resources, Parks and Recreation and therefore; Attorney Gillooly recommends advance notice of
90 days cease to operate the Adult Day Services Program. It’s in the best interest of the Township, the
residents, cliental and families that the Township ceases the program.
Trustee Harris stated Attorney Gillooly did a thorough report and that we are barely meeting the minimum
staffing and it’s not sufficient. We need to be better than that.
Supervisor Bartolotta stated that there were 5 different times people who have gotten out of the building
since April. The Fire Marshall had 45 violations. If we cannot do it right, we shouldn’t be doing it. He
appreciated the meeting with the staff all the time Attorney Gillooly took meeting with the staff. We have
to do it for the right reasons, and the participants deserve it.
Trustee Harris stated that if we stop the program, everything else will continue at the Leggett Center.
Even if we end the program it’s only one “slice” of what we do over there and everything else will
continue.
Supervisor Bartolotta stated that five (5) people have got out since January and it’s very concerning.
When the Fire Marshall inspected he found 45 violations. We are continuing to update the building, and
sidewalks. This is a hard decision and we need to do it for the right reasons; we have given our all. He
thanked Attorney Gillooly for his report. He wants the best treatment and facility for his family members.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 11
Consider Report and Recommendation Regarding Encore Adult Day Services Program Continued.
Trustee Hauswirth stated that she finds it concerning for wellbeing of the seniors; but, when looking at the
care and what’s best for them we’re doing a disservice not being certified, professional, having the right
ratios, and buildings. To be responsible to our township for the liability, safety and wellbeing of the
participants. OCP in Auburn Hills has a program. Attorney Gillooly stated there are resources through
the county and state will find other, more suitable places, to get what they need.
Trustee Wall thanked Attorney Gillooy for the unbiased, factual, breakdown that showed the deficiencies.
If there were an emergency it could be a disaster as we don’t have the staffing to get those with
assistance out of the building. While appreciates what this program does the Township isn’t trained to
properly provide these services. There is nothing more important than the safety, health, and welfare of
our senior citizens. We are not staffed or trained to provide these services.
Moved by Harris,
Seconded by Wall, RESOLVED, to end the Encore Program previously provided by Waterford Schools
and now provided by Waterford Township, since January 2025, for the reasons explained by Attorney
Gillooly. The program will be shut down by August 27, 2025 unless additional time is needed to
accommodate any contractual requirements. However, the program may end sooner if there is
inadequate staffing to operate the program. A roll call vote was taken.
Motion carried unanimously.
10.4 Assignment of Contracts- Halt Fire/Reliant Fire Sale Related to the Purchase of Two (2) Pierce Fire
Trucks
The following memo was received by Fire Chief Nye.
The purpose of this memo is to request approval from the Waterford Township Board of Trustees
to authorize Supervisor Anthony Bartolotta and Fire Chief Matthew Nye to sign the Assignment
Contracts related to the March 2025 purchase of two Pierce Fire Engines from Halt Fire, Inc.
Background:
In March 2025, the Township Board approved the purchase of two new Pierce Fire Engines
through Halt Fire, Inc., the nation's oldest Pierce Manufacturing dealer. Halt Fire has since been
sold to Reliant Fire Apparatus, a highly regarded Pierce dealer serving Wisconsin and Iowa for
over 30 years and named Pierce's Dealer of the Year in 2024.
To facilitate this transition, Pierce Manufacturing requires signed Assignment Contracts that
formally transfer our existing agreements from Halt Fire, Inc. to Reliant Fire Apparatus, Inc. There
are no changes to the vehicle specifications, pricing, delivery timeline, or sales representative.
The only contractual change is the substitution of the responsible dealer.
Reliant Fire will be occupying the current Halt Fire facility in Wixom, Michigan and retaining all
existing Halt Fire employees at that location, ensuring continuity of operations and service.
These contracts have been reviewed and approved by Township Attorney Joellen Shortley.
Requested Board Action:
Approve and authorize Supervisor Anthony Bartolotta and Fire Chief Matthew Nye to execute the
Assignment Contracts, officially transferring responsibility from Halt Fire, Inc. to Reliant Fire
Apparatus, Inc., for the fire engines currently on order.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 12
Assignment of Contracts- Halt Fire/Reliant Fire Sale Related to the Purchase of Two (2) Pierce Fire
Trucks Continued.
For the Board's reference, I have attached the following documents:
• The email from Todd Lincoln, owner of Halt Fire, Inc.
• The two Assignment Contracts prepared for execution.
Our goal is to return the completed contracts by Thursday, May 29, 2025. Thank you for your
time and consideration. Please feel free to contact me with any questions.
Fire Chief Nye addressed the Board of Trustee and answered their questions.
Moved by Harris,
Seconded by Wall, RESOLVED, to approve and authorize Supervisor Anthony Bartolotta and Fire Chief
Matthew Nye to execute the Assignment Contracts, officially transferring responsibility from Halt Fire, Inc.
to Reliant Fire Apparatus, Inc., for the fire engines currently on order . A roll call vote was taken.
Motion carried unanimously.
10.5 Public Comment: Non Agenda Items limited to three (3) minutes per person.
No one addressed the Board of Trustees.
Supervisor Bartolotta thanked Mr. Grant Smith for the wonderful job holding the Memorial Day Parade.
11. Closed Session
11.1 Possible Closed Session, Pursuant to MCL 15.268(1)(e), to Consult with the Township’s Attorney
Regarding Litigation and/or Settlement Strategy in ALC Leasing LLC et. al. v. Charter Township of
Waterford
Moved by Wall,
Seconded by Harris, RESOLVED, to enter into closed session, Pursuant to MCL 15.268(1)(e), to Consult
with the Township’s Attorney Regarding Litigation and/or Settlement Strategy in ALC Leasing LLC et. al.
v. Charter Township of Waterford. A roll call vote was taken.
Motion carried unanimously.
May 27, 2025 TOWNSHIP BOARD MINUTES Page 13
The Board of Trustees entered into Closed Session at 7:03 p.m.
Moved by Wall,
Seconded by Thomas, RESOLVED, to return to open session. A roll call vote was taken.
Motion carried unanimously.
The Board returned to open session at 7:48 p.m.
12. Adjournment
Moved by Harris,
Seconded by Wall, RESOLVED, to adjourn the meeting at 7:49 p.m. A roll call vote was taken.
Motion carried unanimously.
Kim Markee, Clerk
Anthony Bartolotta, Supervisor