HomeMy WebLinkAboutInterlocal Agreements - 2011.03.09 - 5645Bill Bullard Jr.
Oakland County Clerk/Register of Deeds
www.oakgov.com/clerkrod
________________________________________________________________________
Administrative Offices Elections Division Legal & Vital Records Register of Deeds Office
1200 N Telegraph, Dept 415 1200 N Telegraph, Dept 417 1200 N Telegraph, Dept 413 1200 N Telegraph, Dept 480
Pontiac MI 48341-0415 Pontiac MI 48341-0417 Pontiac MI 48341-0413 Pontiac MI 48341-0480
(248) 858-0560 (248) 858-0564 (248) 858-0581 (248) 858-0605
clerk@oakgov.com elections@oakgov.com clerklegal@oakgov.com deeds@oakgov.com
April 18, 2011
Michigan Department of State
Office of the Great Seal
108 South Washington Square, Suite 1
Lansing, MI 48918
Dear Office of the Great Seal:
On March 9, 2011, the Board of Commissioners for Oakland County entered into an agreement per MR
#11027 – Sheriff’s Office – Contract for Auxiliary Deputy Services in the City of Orchard Lake 2011.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the
City of Orchard Lake Village 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 #12 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
Director of Elections
Cc: Pat Davis, Corporation Counsel, Oakland County
Janet Overholt Green, City of Orchard Lake Village Clerk
Dale Cunningham, Business Manager Oakland County Sheriff’s Office
Enclosures
CITY OF ORCHARD LAKE VILLAGE
MINUTES OF THE REGULAR COUNCIL MEETING
March 21, 2011
Mayor McIntyre called the Regular Meeting of the City of Orchard Lake Village
Council to order at 7:00 p.m. on March 21, 2011 at the Orchard Lake City Hall,
3955 Orchard Lake Road, in accordance with the City Charter.
PRESENT: Mayor McIntyre, Councilmembers Beach, Hartzell, Hoffman, Kosmensky,
Majcher & Talpos, Attorney Ryan, Police Chief Rosenau, Building Official McCallum,
Clerk Overholt Green & Assistant Clerk McClellan
ABSENT: None
GUESTS: Vince Valvona, Aubrey Lee, Hershel Fink, Robert Gittleman, Jim
Glowacki, Charlotte Frankel, Mr. & Mrs. George Perry, Mr. & Mrs. Albert Holtz, Jeff
Leib, Robert Gittleman, Dave Pierce, John Mooney, County Commissioner Shelley
Taub, Paul Mitchell, Betty Lowenthal & Robert Mangus
Mayor McIntyre opened the meeting by leading Council and the audience in the
Pledge of Allegiance.
MINUTES
IT WAS MOVED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY
COUNCILMEMBER HOFFMAN TO APPROVE THE FEBRUARY 22, 2011 REGULAR
COUNCIL MEETING MINUTES AS PRESENTED. MOTION CARRIED 7-0.
DEPARTMENT REPORTS
A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY
COUNCILMEMBER HOFFMAN TO ACCEPT THE FEBRUARY 2011 POLICE
DEPARTMENT, DEPARTMENT OF PUBLIC WORKS, EMPLOYEES & BUILDING
DEPARTMENT REPORTS, ALL AS SUBMITTED.
The Mayor questioned the reason for the increase in the number of speeding tickets
issued last month and Chief Rosenau suggested improved weather conditions
might have been a factor.
MOTION CARRIED 7-0.
Councilmember Kosmensky commented on the size of the Oakland County
Investment Pool that the City invests in and the Clerk pointed out the balances
include investments from many communities. Councilmember Talpos raised a
question on the reported interest rates paid by the County Pool listed in the
Investment Report and the Clerk advised the rates are described as the Net Average
Monthly Rates. Mayor McIntyre stated the rate is an annualized rate adjusted
monthly.
March 21, 2011 Regular Council Meeting Minutes
Mayor McIntyre referred to proposed amendments submitted to the 2010-11
budgets and pointed out the significant increase in retiree health care cost. The
Clerk confirmed the City contributes to health insurance for three Medicare eligible
retirees and just recently began paying the majority of the health insurance
coverage for two non Medicare eligible employees, with two more retirements
coming up. The Mayor commented the retirements have a substantial impact on
the budget.
A MOTION WAS OFFERED BY COUNCILMEMBER TALPOS AND SECONDED BY
COUNCILMEMBER HOFFMAN TO ACCEPT THE FEBRUARY 2011 ACCOUNTS
PAYABLE & CASH DISBURSEMENTS AND THE FEBRUARY 2011 FINANCIAL
STATEMENTS, AND TO APPROVE PROPOSED AMENDMENTS TO THE 2010-11
BUDGETS AS SUBMITTED. MOTION CARRIED 7-0.
AUDIENCE INPUT & ELECTED OFFICIALS COMMENTS
Mayor McIntyre asked for comments from the audience on items not included on
the Regular Meeting Agenda.
Mr. Albert Holtz of 5465 Possum Lane introduced himself as a lawyer of 43 years,
an eight year City resident, and a 40 year resident of the area and stated he feels
the City Council has made a big mistake in hiring a new law firm outside of the City.
Mr. Holtz described current City Attorney Tom Ryan as one of the most dedicated
and knowledgeable attorneys in the State, pointing out that Attorney Ryan is a past
President of the Michigan Bar Association as well as the Oakland County Bar
Association. He told Council Attorney Ryan has worked hard for Orchard Lake and
with both Chief Rosenau and the Clerk retiring this year, plus two Council seats
opening in November, Attorney Ryan’s history with the City is needed. Mr. Holtz
stated Attorney Ryan gives the City good advice and reiterated he has worked hard
for the City. He then expressed concern with the manner in which the change was
made, indicating Attorney Ryan was “side stepped” and not told in advance that a
change would be made. He added even Chief Rosenau was not aware in advance of
the action. Mr. Holtz suggested the City should have extended more courtesy to
Attorney Ryan and asked Council to reconsider their decision. Mr. Holtz contended
a Bloomfield Hills law firm will not have the same interest that Attorney Ryan does
and that the City would not benefit in paying “a few bucks less”. He again asked
Council to reconsider their decision.
Attorney Jeff Leib introduced himself and stated he does not live in the City, but has
appeared before the City Council many times. He told Council he has been a friend
of Attorney Ryan for 40 years and served with him on the Oakland County Bar
Association, succeeding him as President of that Association before moving on to
become President of the State Bar, and noted Attorney Ryan is now serving on the
Judicial Tenure Commission. Mr. Leib indicated Attorney Ryan’s neighbors are here
to support him and he is here to support Attorney Ryan as a friend as well, but he
assured Council that Attorney Ryan has always been attentive to his Orchard Lake
responsibilities, as well as his responsibilities to the other communities that he
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March 21, 2011 Regular Council Meeting Minutes
represents. Mr. Leib urged the City Council to reconsider their decision and
described Attorney Ryan as a great asset to the City.
Mr. Robert Gittleman of 3500 Wards Pointe introduced himself as a City property
owner and resident for over two decades. He advised he seldom attends Council
Meetings unless an issue is very important or very serious and indicated that in
losing stalwart employees with Chief Rosenau and the Clerk retiring it would be
impossible to fill the void if Attorney Ryan is replaced as well. Mr. Gittleman
averred Attorney Ryan has always been dedicated to the City, has saved the City
money with others respecting the knowledge Attorney Ryan brings, and Attorney
Ryan has never gouged the City. He went on to say he has never “broke bread” with
Attorney Ryan but he knows he speaks with “immense credibility” and he
questioned why the City would want to replace him with another firm. Mr.
Gittleman indicated Attorney Ryan always gives the City good advice and is
transparent. He asked the Council to articulate the objective facts for a decision to
change from a known factor. He suggested the City should “think again” about
retaining a large law firm, as large law firms will delegate City issues through
“layers of representation”, while the City can rely on Attorney Ryan himself to
represent them. Mr. Gittleman again asked Council to explain their decision.
Mr. Hershel Fink of 3511 Wards Pointe introduced himself as a resident for more
than a dozen years and stated that when he heard Attorney Ryan was being
replaced, he could not understand why the City would want to do that. He advised
he has had dealings with Attorney Ryan, adversarial and not, and there is no other
municipal attorney he respects more, adding he battles with many communities in
his field representing the media. Mr. Fink commented he was “blown away” when
he learned of this change and he asked what the reason was for a change. He
described Attorney Ryan as a gem and he expressed concern with the loss in
institutional memory with the loss of Police Chief Rosenau and the Clerk along with
Attorney Ryan. He told Council the members need to articulate to residents their
reasons for changing. Mr. Fink suggested the change could not be just to save
money, pointing out Attorney Ryan lives in the City and Attorney Ryan provides a
personal service that will not be provided by a large firm. He also indicated Council
should “think twice” about replacing Attorney Ryan.
Ms. Betty Lowenthal read a letter from a City resident and attorney, Alan Miller of
3118 Erie Drive, expressing his opinion that it would be in the City’s best interest
to retain Attorney Ryan. The letter indicated he had dealings with Attorney Ryan,
both adversarial and not, and found Attorney Ryan to be well suited in common
sense and knowledge and found him to be able to reach the right results. Mr.
Miller’s letter stated Attorney Ryan has been and continues to be capable and
expressed his full support of retaining Attorney Ryan. Ms. Lowenthal then referred
to a comment she heard was made last month expressing concern with the depth
of representation and stated she has personally seen Attorney Ryan working on
Saturday and Sunday on City issues. Ms. Lowenthal explained she is a referee for
the Oakland County Friend of the Court Division and has worked out of Attorney
Ryan’s office. She told Council Attorney Ryan even planned his vacations around
the City’s schedule. Ms. Lowenthal assured Attorney Ryan has been very dedicated
to the City and expressed her opinion that he did not “deserve what the City did”.
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March 21, 2011 Regular Council Meeting Minutes
Ms. Frankel introduced herself as a sole practitioner, noting she does not live in the
City but her parents do, and referred to concerns expressed last month about
“bench strength”, City representation if Attorney Ryan was not available, and she
indicated nothing would be left uncovered. She stated she knows attorneys at Beier
Howlett and they might be good, but they work for a firm with numerous attorneys,
only one of which would represent Orchard Lake and who would have to be covered
just as Attorney Ryan does. She stated she also heard a comment that the City
Attorney should not be a resident and she urged Council to “re-think” that, pointing
out judges and jurors are required to be residents of the areas they serve,
“government for the people, by the people”. Ms. Frankel pointed out Attorney Ryan
raised his family in this community and is the most respected attorney in the State,
adding she has never heard a negative word about Attorney Ryan. She stated
Council is “doing the City a disservice in letting him go”. Ms. Frankel asked Council
to reconsider their decision.
Mr. Neal Wallace introduced himself as an attorney, a long time friend, and an
elected official in Independence Township. He expressed his opinion that the City
should reconsider their decision to make a change, but understands that is not
likely to happen. He commented Attorney Ryan is likely embarrassed by the show
of support at this meeting. Mr. Wallace predicted the City will not get the value
from a large firm that it gets from Attorney Ryan.
Ms. Charlotte Frankel of 5818 Carmen Court introduced herself as a neighbor and
friend. She shared her deep respect for Attorney Ryan and indicated she cannot
imagine the City will find anyone finer for his position. Ms. Frankel stated the
timing is not good with other key personnel leaving as well and insisted the change
is not necessary.
Mr. George Perry of 3830 LaPlaya introduced himself and expressed support for
retaining Attorney Ryan. He pointed out Attorney Ryan is a member of the LaPlaya
Subdivision Association Board and is respected by all in the subdivision. He stated
residents need to understand why the City is making the change and questioned
how a non-resident could tdo the job as well as Attorney Ryan does. Mr. Perry
indicated he believes Council should explain the change.
Mr. Dave Pierce introduced himself and echoed earlier comments on Attorney
Ryan’s character. He advised he is not an attorney so he cannot comment on his
professional performance, but endorsed his character. Mr. Pierce commented he
does not believe the Council’s decision was transparent or sound and expressed his
opinion that the City will get less value from a firm. He stated he thinks the City
has “taken steps to disrespect a loyal public servant.”
Mr. John Mooney introduced himself as a public official in the Village of Beverly Hills
which now has a population of 11,000 and advised Attorney Ryan has done an
outstanding job representing the Village of Beverly Hills since at least 1986. Mr.
Mooney acknowledged it is prudent to solicit bids in these difficult economic times,
noting Beverly Hills has done so in the past, but with Attorney Ryan’s qualifications,
as past President of the County and State Bar Associations, and his contacts, being
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March 21, 2011 Regular Council Meeting Minutes
on a first name basis with every judge in the county, he questions why the City
would want to be represented by anyone else. He described Attorney Ryan’s
practice as “justice with an even hand” and stated he cannot imagine why the City
would want to change to Beier Howlett.
Mayor McIntyre explained that this is not an Agenda item for consideration tonight
and indicated the issue would not be debated tonight. He assured all public
comments will be considered and confirmed the City Councilmembers have the
same respect for Attorney Ryan as has been expressed. The Mayor stated Attorney
Ryan has given the City excellent legal advice. He went on to say legal
representation has been openly discussed on the record and noted Attorney Ryan
was aware of that process. Mayor McIntyre told the audience the decision was a
very difficult one for Council, adding Council is elected to make difficult decisions
for the community. He reiterated Council will consider the comments offered.
Mr. Gittleman asked if the consideration would be open and Mayor McIntyre replied
it would be as is required.
Mr. Paul Mitchell of 5866 Carmen Court asked if the City has prepared a cost
estimate for preparing a new firm to represent the City to compare it with the cost
of keeping Attorney Ryan who already knows the City’s legal positions.
Ms. Charlotte Frankel stated she has not heard a good reason for the change.
Another individual in attendance stated she would like an explanation of the
change. Mayor McIntyre indicated Minutes from the February Council Meeting when
the change was made are available.
Mr. Mitchell asked why the citizens have to pay more when Attorney Ryan has all of
the information needed to represent the City. Mr. Gittleman insisted the City
cannot hire a large firm for the amount it pays to Attorney Ryan and indicated
Council will know that when they receive their bills from Beier Howlett who is not
experienced.
Mr. Holtzman asked how reconsideration could be added to the Agenda and Mayor
McIntyre explained a member of the Council would have to add it.
Mr. Gittleman stated the residents pay Council salaries, Mayor McIntyre advised
Council serves without compensation, and Mr. Aubrey Lee of 5889 Seville noted
Council still represents the citizens. Mr. Lee contended Council has not answered
questions asked by the audience.
The Mayor indicated Council would move on with the Agenda.
Mr. Robert Mangus of 5875 Seville told Council he has lived next door to Attorney
Ryan for many years and Attorney Ryan exemplifies what the City is. He stated he
does not think the City has a good reason for changing. Mr. Mangus went on to say
he has seen City police officers delivering work to Attorney Ryan at home and
predicted the City would not have that type of service from a large firm. He then
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March 21, 2011 Regular Council Meeting Minutes
stated he would like to be at a meeting at the end of this year to hear Council admit
it made “a big mistake”.
At 7:39 p.m. most of the audience left the meeting.
County Commissioner Shelley Taub shared information on the Leadership Oakland
retreat for 2011-12 and advised the application deadline for participation is April
1st. Commissioner Taub then asked for a volunteer senior citizen to serve on an
advisory committee to County Executive Brooks Patterson and Councilmember
Kosmensky volunteered. Commissioner Taub told Council the Board of
Commissioners plans to begin web casting their Board Meetings and commented
she did warn the City that Revenue Sharing funding from the State would be in
jeopardy.
Mayor McIntyre explained that Orchard Lake receives less than $6,000 in Statutory
State Revenue Sharing and will likely lose $4,000 under the Governor’s plan, but
that amount will be made up in Constitutional Revenue Sharing in the new formula.
Commissioner Taub noted the Governor is a proponent of opposition to unfunded
mandates, such as enforcement of smoking prohibitions in restaurants imposed on
counties.
ST. MARY’S FAIR LICENSE APPLICATION
Mayor McIntyre advised two items are proposed for approval related to the Orchard
Lake St. Mary’s Spring Fair including a contract with the Oakland County Sheriff
Department for police services at the Fair and a City business license.
Councilmember Majcher reported he and Councilmember Talpos and Police Chief
Rosenau met with Orchard Lake St. Mary’s representatives and representatives from
the Sheriff Department last week to review the proposed contract in detail as well as
to complete all of the action items developed over the past several months. He
stated the agreement with Oakland County takes care of the county, but also is a
fair agreement. Councilmember Majcher commended Chief Rosenau and St. Mary’s
Headmaster Jim Glowacki for bringing Oakland County in, commenting he has been
impressed with their professionalism. He pointed out Chief Rosenau has been very
much involved in the security plan and all agree it is a good plan. Councilmember
Majcher stated that based on the advantages the Oakland County Sheriff
Department can offer under Chief Rosenau’s direction, he recommends approval of
the contract.
Councilmember Kosmensky referred to Attorney Ryan’s memo regarding the
contract and noted the second paragraph indicates the Sheriff Department is not
required to honor a request from the Chief for more personnel and the fourth
paragraph indicates Sheriff Department personnel are not responsible to the Chief.
Councilmember Majcher advised the City was given satisfactory responses to these
concerns with additional language confirming the Department will provide
additional personnel upon request and an explanation that the contract provision
included in the fourth paragraph of Attorney Ryan’s memo is intended to establish
that Sheriff Department personnel is not responsible to direction from Orchard Lake
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March 21, 2011 Regular Council Meeting Minutes
St. Mary’s personnel. Councilmember Majcher stated it is the clear understanding
of all parties that all police personnel will operate under the direction of the
Orchard Lake Police Chief and Mayor McIntyre confirmed that has been clear in all
of the discussions.
Attorney Ryan questioned why the Sheriff Department is not required to submit a
written acknowledgement that they would honor the City’s request for auxiliary
deputy services, commenting he finds that odd, and stated that while an agreement
on command structure has been reached, it is not included in the contract. Chief
Rosenau confirmed that Oakland County has agreed Orchard Lake will be “in
charge” and that the Sheriff Department and Police Department will each have a top
commander, but Orchard Lake will be the final authority. Councilmember Majcher
pointed out the Sheriff Department will contract only with the City. Mr. Glowacki
also confirmed the understanding has always been clear that Orchard Lake will be
the authority. Attorney Ryan stated he understands that, but his concern is that the
contract does not specify it.
COUNCILMEMBER MAJCHER MOVED TO AUTHORIZE THE MAYOR & CLERK TO
EXECUTE THE AGREEMENT WITH OAKLAND COUNTY FOR SHERIFF SERVICES AT
THE ORCHARD LAKE ST. MARY’S FAIR AND TO APPROVE A CITY LICENSE FOR
THE FAIR, SUBJECT TO THE SAME TERMS AND CONDITIONS AS IN PRIOR
YEARS. SECOND WAS PROVIDED BY COUNCILMEMBER KOSMENSKY. MOTION
CARRIED 7-0.
2011-12 BUDGETS
Mayor McIntyre advised proposed budgets for 2011-12 have not been submitted by
staff yet.
PLANNING COMMISSION APPOINTMENT
Mayor McIntyre nominated Commissioner Joe Sutschek of 4540 Arline Drive and
Commissioner David Bradbury of 4009 Harbor Vista for re-appointment to three
year terms on the City Planning Commission.
A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY
COUNCILMEMBER MAJCHER TO REAPPOINT JOSEPH SUTSCHEK AND DAVID
BRADBURY TO THREE YEAR TERMS ON THE PLANNING COMMISSION
EXTENDING THROUGH APRIL 2014. MOTION CARRIED 7-0.
DOG AND DANGEROUS ANIMAL ORDINANCE
The Clerk advised an Animal Control Ordinance has been drafted, Council decided
to solicit input, letters have been received and Council must now decide how to
proceed. Councilmember Majcher noted just a few letters were received. The Clerk
confirmed five were received and Councilmember Kosmensky pointed out four were
in favor of the ordinance.
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March 21, 2011 Regular Council Meeting Minutes
Councilmember Hoffman stated that after reviewing the responses, all in favor from
Orchard Lake Woodlands residents and one opposed that included information
indicating there is nothing unusual in the pit bull breed of dogs, he spoke with a
relative that is a veterinarian, Director of Research for Pfizer and in private practice,
and she absolutely agreed with the information contending there is nothing
different about pit bulls. He advised that both he and his wife have been bitten by
dogs, not pit bulls, and indicated he does not disagree there is a problem with
dogs, but he does not think the ordinance should target a breed. Councilmember
Hoffman suggested Council could refer the ordinance to the Planning Commission
for consideration. He acknowledged the complaint received on barking dogs and
stated he has the same concerns.
Councilmember Majcher referred to an article written by Merritt Clifton, Editor of
Animal People, and indicated the comprehensive study it refers to speaks for itself
about the breed. He pointed out it contends pit bulls, Rottweilers, Presa Cananrios
and their mixes are responsible for 74% of the attacks in their study, 100 times
more than Doberman Pinschers and more than 25 times more than Rottweilers.
Councilmember Majcher commented pit bull bites are not warning bites.
Councilmember Hoffman stated all dogs have tremendous strength in their mouths
and suggested data can be manipulated to prove any point. He indicated he does
not have faith in the data provided in the Merritt Clifton article because it does not
have a denominator. Councilmember Majcher then questioned why other
communities are adopting breed specific ordinances, listing several communities
that have them, and stated he believes they are doing it based on data provided by
their police departments. Attorney Ryan noted Keego Harbor did not adopt a breed
specific ordinance, but did “tighten” their previous ordinance. Councilmember
Hoffman asked why Keego Harbor did not adopt a breed specific ordinance and
Attorney Ryan explained they wanted their rules to apply to all dogs.
Councilmember Kosmensky indicated he appreciates differences in breeds, but
pointed out most attacks reported involve pit bulls. He expressed his opinion that
the breed is too dangerous to have in neighborhoods and stated the statistics are
overwhelming.
Councilmember Talpos commented his typical position would be “if it isn’t broken,
don’t fix it”, but he would like to be proactive in dealing with this issue. He
stressed the importance of exercising prudence and consideration to ensure safety.
Councilmember Hartzell pointed out the City does have a leash law and ordinances
“on the books” to address dangerous animals and suggested the focus should be
on enforcing those. She stated she had a dog that bit and related a recent dog bite
incident in the City that did not involve a pit bull.
Attorney Ryan advised that regardless of whether or not the ordinance is breed
specific, it is his opinion that the current ordinance should be re-written.
Councilmember Beach told Council she had an Alaskan malamute that had a hard
mouth similar to the pit bull breed and she stated she understands pit bulls are
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March 21, 2011 Regular Council Meeting Minutes
different. She indicated she does agree the current ordinance should be addressed
and expressed support for referring it to the Planning Commission.
Councilmember Beach commented she is not convinced an invisible fence will work
with a pit bull.
Councilmember Majcher stated there are two types of ordinances, proactive and
reactive, and a breed specific ordinance would be proactive, which he supports.
Councilmember Majcher likened it to other proactive ordinances that allow the City
to arrest motorists under the influence of alcohol even though they have not caused
accidents, but are statistically likely to, and laws that prohibit an individual
diagnosed with epileptic seizures from driving even though they have not caused
an accident. Councilmember Hoffman suggested that if that is the case, the
ordinance should also address Rottweilers, German Shepards, and Doberman
Pinschers, or even any dog weighing over ten pounds. Councilmember Talpos
commented Councilmember Majcher has data supporting his position and
Councilmember Hoffman stated he has data supporting his.
Mayor McIntyre asked the Police Chief how the ordinance would be enforced if
adopted and Chief Rosenau advised it is his understanding that pit bull owners
living in the City at the time of the ordinance adoption would be permitted to keep
their pets, but residents would not be permitted to bring a pit bull into the City
after that time. The Chief indicated the Department would have to rely on neighbor
complaints and ticket property owners in violation of the ordinance. Chief Rosenau
expressed his opinion that the biggest problem is with the dog owners, but he does
understand the breed is vicious and is sometimes used to protect drug dealer
homes.
Councilmember Talpos questioned how a non-breed specific ordinance would be
crafted, such as the Keego Harbor ordinance. Attorney Ryan explained the Keego
Harbor ordinance identifies tendencies and allows the Police Department to take
action based on those tendencies.
The Mayor shared an analogy of the proposed ordinance with specific recent world
events.
Councilmember Majcher pointed out the draft ordinance does not require the City
to “round up” pit bulls in the City, it allows those in the City now to remain, but
prohibits owners from bringing in new ones. Mayor McIntyre asked if the same
definition drafted could be used, but without reference to a specific breed, and
Councilmember Majcher indicated the ordinance then becomes a reactive ordinance
rather than a proactive one. Chief Rosenau reiterated the Police Department knows
of dog problems only through neighbor complaints, or an officer must witness
problematic behavior personally. Attorney Ryan noted a citizen could also attest as
a witness. Councilmember Kosmensky stated he would like to take action before
something happens. Councilmember Hoffman advised the ordinance requires pit
bull owners to muzzle the dogs, requires neighbors to report neighbors, and
requires owners to tattoo their dog, adding not all pit bulls in the City are licensed.
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March 21, 2011 Regular Council Meeting Minutes
Mayor McIntyre stated it appears Council is in agreement that the current ordinance
should be improved and suggested Council should first determine what needs to be
improved before finally debating whether or not the ordinance should be breed
specific. Councilmember Hoffman indicated he would like the Police Department
involved in the ordinance review. Councilmember Majcher advised the Waterford
Township ordinance includes specific precautions in place for pit bulls in addition
to addressing other breeds. Attorney Ryan noted Keego Harbor did use provisions
from the Waterford ordinance in drafting its ordinance and Councilmember Majcher
explained he did incorporate some of those provisions in his draft as well.
IT WAS MOVED BY COUNCILMEMBER MAJCHER AND SECONDED BY
COUNCILMEMBER KOSMENSKY TO CONTINUE TO ADOPT AN ORDINANCE TO
ADDRESS DANGEROUS ANIMALS, PIT BULLS, AND EXOTIC ANIMALS SIMILAR TO
THE WATERFORD ORDINANCE, INCLUDING DRAFTING THE LANGUAGE INTO
ORDINANCE FORM.
Councilmember Majcher volunteered to draft the ordinance for consideration,
including working with legal counsel so that it is in proper form for a first reading.
The Mayor again suggested Council start deliberation with what needs to be
addressed outside of the breed specific issue. Councilmember Majcher stated that
is not part of his motion and stated he is not willing to change his motion. Mayor
McIntyre commented it would be a good idea.
Councilmember Talpos acknowledged the Planning Commission is a deliberative
body and indicated the Commission, an independent body, could take the issue up
rather than forcing it onto Councilmember Majcher. Mayor McIntyre indicated the
Commission could take it up if they are willing and Chairman Valvona indicated the
Commission would be willing. Chief Rosenau recommended including a Police
Department representative on the committee.
Mayor McIntyre advised a motion is not necessary to proceed, but Councilmembers
Majcher and Kosmensky did not withdraw their motion. The Clerk read the motion
back to Council. Councilmember Talpos asked who would be responsible for
developing the draft for consideration, Councilmember Majcher again volunteered,
and Councilmember Talpos stated he would like the Police Department and
Planning Commission involved as well.
MOTION CARRIED 5-2 WITH COUNCILMEMBERS HARTZELL & HOFFMAN VOTING
“NAY”.
WEED HARVESTING CONTRACTS FOR 2011
COUNCILMEMBER HARTZELL MOVED TO AUTHORIZE CONTRACTING FOR WEED
HARVESTING ON ORCHARD LAKE AND UPPER STRAITS LAKE WITH INLAND
LAKES WEED HARVESTING IN AN AMOUNT NOT TO EXCEED $20,000 FOR
ORCHARD LAKE AND $14,000 FOR UPPER STRAITS LAKE. COUNCILMEMBER
KOSMENSKY SECONDED THE MOTION. MOTION CARRIED 7-0.
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March 21, 2011 Regular Council Meeting Minutes
BUSINESS LICENSE RENEWALS
In response to a question from the Mayor, Building Official McCallum and Police
Chief Rosenau advised they have no issues with the license applications scheduled
for consideration.
A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY
COUNCILMEMBER HARTZELL TO APPROVE RENEWAL OF BUSINESS LICENSE
APPLICATIONS LISTED IN THE CLERK’S MEMO DATED MARCH 18, 2011.
MOTION CARRIED 7-0.
CLERK CONTRACT EXTENSION
The Mayor explained the City Clerk’s employment agreement expired on December
31, 2010 and the Personnel Committee is recommending it be extended through
June 30, 2011, her retirement date.
A MOTION WAS OFFERED BY COUNCILMEMBER BEACH AND SECONDED BY
COUNCILMEMBER KOSMENSKY TO APPROVE A SIX MONTH EXTENSION OF THE
CITY CLERK’S EMPLOYMENT AGREEMENT THROUGH JUNE 30, 2011. MOTION
CARRIED 7-0.
LEGAL UPDATE
Attorney Ryan reported receipt of a letter from legal counsel representing Glenn
Bauer, 4765 Old Orchard Trail, increasing the amount of their damage claim for
alleged damage to trees on Dr. Bauer’s property and stated he is working to obtain
permission for the City Environmental Consultant and DPW Supt. to inspect Dr.
Bauer’s property for compliance with the Consent Judgment terms. The Clerk
mentioned she has notified Risk Management of the damage claim. DPW Supt.
McCallum advised he has good documentation of the property condition both
before and after it was accessed and he indicated the property is in the condition it
was when Dr. Bauer filled it in 2006. He mentioned large dirt piles remain on the
site and pointed out the Consent Judgment required Dr. Bauer to remove those.
ADDITION TO AGENDA – HHW PROGRAM PARTICIPATION
COUNCILMEMBER BEACH MOVED TO ADD CONSIDERATION OF PARTICIPATION
IN THE WEST BLOOMFIELD TOWNSHIP HOUSEHOLD HAZARDOUS WASTE
PROGRAM TO THIS MEETING AGENDA AND TO AUTHORIZE THE MAYOR AND
CLERK TO EXECUTE THE CONTRACT PROVIDED FOR PARTICIPATION IN THE
2011 EVENTS. SECOND WAS PROVIDED BY COUNCILMEMBER HOFFMAN.
MOTION CARRIED 7-0.
ROLL CALL VOTE FOR CLOSED MEETING
IT WAS MOVED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY
COUNCILMEMBER TALPOS TO HOLD A ROLL CALL VOTE FOR A CLOSED
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March 21, 2011 Regular Council Meeting Minutes
MEETING TO DISCUSS PERSONNEL CONTRACTS. THE ROLL WAS CALLED AND
THE MOTION CARRIED 7-0 AT 8:30 P.M.
The meeting reconvened at 8:36 p.m.
COUNCIL REPORTS
Councilmember Majcher was pleased to report that work has begun on the new
traffic signal to control traffic at the intersection of Pontiac Trail and Cherry Hill
Drive.
Councilmember Majcher acknowledged a letter received regarding the condition of
City streets and suggested that an article discussing the City’s future plans for road
improvements should be included in the next newsletter.
Councilmember Majcher then raised a question on an upcoming meeting with the
Road Commission for Oakland County scheduled for April 5th and asked if it would
be a working level meeting. The Clerk advised it is a more general meeting
reviewing RCOC operations in Orchard Lake and in the county. She added four
Councilmembers have volunteered to attend which will require that the meeting be
published as a special meeting. Both Councilmembers Beach & Talpos volunteered
to step down to avoid a quorum. Mayor McIntyre advised the meeting does give the
City the opportunity to talk about the level of service provided by RCOC and the
Clerk encouraged all Councilmembers to complete the RCOC services survey.
Councilmember Majcher told Council he intends to raise the business access issue
on Orchard Lake Road south of Pontiac Trail and Councilmember Beach endorsed
the idea. Mayor McIntyre questioned what the RCOC could do to improve that
situation and Councilmember Hoffman described a configuration designed for the
Milford Road and General Motors Road intersection that he believes would work
well. The Chief disagreed. Some brief discussion ensued between Councilmember
Hoffman and Chief Rosenau about that alternative and some further brief
discussion ensued about a roundabout plan developed for the Orchard Lake Road &
Pontiac Trail intersection.
Councilmember Majcher asked for an update on the process for replacing Chief
Rosenau and Mayor McIntyre explained the Chief is finishing his ratings of the
resumes received and City resident Jeff Werner, former Police Chief in Bloomfield
Township, will complete his ratings this week as well. The Mayor asked that no
further resumes be accepted after the end of this week and indicated the Police
Chief Committee, consisting of Councilmembers Kosmensky & Talpos along with
himself, will meet next week to determine which candidates will be interviewed.
Councilmember Majcher questioned who would be involved in the interviews and
Mayor McIntyre advised the plan is to conduct interviews before the full Council at
one or two special meetings. Councilmember Hoffman suggested the City could
consider bringing someone in on an interim basis while a long term plan is
developed and Mayor McIntyre indicated he would not support that approach.
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March 21, 2011 Regular Council Meeting Minutes
Councilmember Beach stated she received a copy of the Police Chief job description
and asked the Police Chief Committee if they have determined their direction in a
replacement. Councilmember Talpos advised the Committee has not met yet but
the consensus is that it should be someone from a small community and someone
who will stay with the City for awhile. Councilmember Beach asked about the
emphasis on education and it was noted a degree was listed as a preferred
qualification in the advertisement. Councilmember Kosmensky suggested a degree
would not necessarily be required and Mayor McIntyre mentioned several other
factors that would be considered including experience, references and background.
Chief Rosenau stated detailed applications should be distributed to Council before
the interviews, but it is unlikely the background investigations will be completed
due to time constraints. Councilmember Beach questioned whether the City would
be willing to pay relocation expenses and Councilmember Talpos replied he does
not believe so. He went on to say he is keeping an open mind about education
requirements.
Councilmember Majcher told Council he feels strongly that the Committee or
Councilmembers should interview officers currently serving on the force to obtain
their input on filling the position. Chief Rosenau disagreed, commenting the
officers might be “self-serving”. Councilmember Majcher explained he believes it
would be a good idea to “talk to the people doing the job”. Councilmember Talpos
commented the Committee will also rely on their “gut feeling”.
Councilmember Hartzell expressed concern with hiring a retiree who might not stay
with the City for a long enough period of time. Councilmember Kosmensky stated
hiring someone with experience is important too.
Councilmember Hartzell reminded Council she had volunteered to work with Keego
Harbor & Sylvan Lake on the Lakes Area Parade scheduled for Memorial Day
Weekend and she asked how involved the City would like to be. She also asked who
might be available to represent the City at the Parade. Councilmember Kosmensky
advised he has participated in the past and could do so again. Mayor McIntyre
stated he attends every year and would be happy to represent the City.
Mayor McIntyre then recognized Attorney Ryan for all of his excellent service to the
City and shared his respect for Attorney Ryan. Council recognized him as well.
Attorney Ryan then left the meeting.
At the request of the Mayor, the Clerk distributed a single sheet hand out listing the
primary responsibilities for City administration and listing how those might be
covered when she retirees. She explained the list suggests many duties assigned to
Assistant Clerk McClellan, many to Building Official/DPW Supt. McCallum, and a few
to be shared by both, as well as hiring two clerical individuals. She stressed this
was prepared as a discussion item to determine what direction Council would like
to take.
Mayor McIntyre noted the City Charter allows appointment of a City Manager only
with a public vote so he would consider appointing Gerry McCallum as Clerk and
Rhonda McClellan as Deputy Clerk with the duties assigned. Councilmember
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March 21, 2011 Regular Council Meeting Minutes
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Majcher expressed concern with appointing Building Official McCallum as the City
Clerk and Clerk Overholt Green asked Council not to get too “hung up” on titles at
this point, but rather to consider the approach and determine if staff should further
develop the plan. Councilmember Beach questioned how these individuals could
have time to take on the additional responsibilities and the Clerk indicated that is
the reason she believes additional personnel must be hired.
In the ensuing discussion, Building Official/DPW Supt. McCallum indicated he would
not want to give up his Building Official position and indicated he would like to see
City Hall continue to operate as it does now. It was suggested at least one office
employee must be trained in responding to building and zoning issues. Questions
were raised on what the budget impact would be and the Clerk advised the budget
impact could not be determined until the plan is further developed, if Council
endorses it. The discussion included some debate on the extent of Police
Department involvement in Code Enforcement.
It was the general consensus that Council would review a further refinement of the
approach suggested at the April Council Meeting.
Mayor McIntyre pointed out that if Council would like to reconsider appointment of
legal counsel, a member that voted in favor of the prevailing motion must make the
motion.
THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER HOFFMAN MOVED TO
ADJOURN THE REGULAR MEETING AT 9:20 P.M. COUNCILMEMBER HARTZELL
SECONDED THE MOTION. MOTION CARRIED 7-0.
Bruce H. McIntyre Janet Overholt Green
Mayor City Clerk