HomeMy WebLinkAboutInterlocal Agreements - 2011.07.06 - 6240CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
(real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE
SERVICES WITH THE CITY OF WALLED LAKE, (hereafter, this "Contract") is made and
entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter,
the "County"), and the City of Walled Lake, a Michigan Constitutional and Municipal Corporation
whose address is 1499 E. West Maple, Walled Lake, Michigan 48390-0099 (hereafter, the
"Municipality"). In this Contract, either the County and/or the Municipality may also be referred
to individually as a "Party" or jointly as "Parties."
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"),
including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.)
is required to perform real and personal property tax appraisals and assessments for all
nonexempt real and personal property located within the geographic boundaries of the
Municipality for the purpose of levying State and local property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to
an order of the State Tax Commission mandating the County to perform all or some of
the property tax appraisal and tax assessment responsibilities for real and/or personal
property located within the Municipality's geographic boundaries (MCL 211.10(f)), the
County, has no obligation to provide these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board
of Commissioners, through the Equalization Division may furnish assistance to local
assessing officers in the performance of certain of these legally mandated, Municipality,
property appraisal and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in
performing the "Equalization Division Assistance Services" (as described and defined in
this Contract) and has agreed in return to reimburse the County as provided for in this
Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as
defined herein, possessing the requisite knowledge and expertise and is agreeable to
assisting the Municipality by providing the requested "Equalization Division Assistance
Services" under the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and agreements set forth in this Contract, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the County and the
Municipality mutually agree as follows:
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 1
DEFINED TERMS In addition to the above defined terms (i.e., "Contract", "County",
"Municipality", "Party" and "Parties", and "State"), the Parties agree that the following
words and expressions when printed with the first letter capitalized as shown herein,
whether used in the singular or plural, possessive or nonpossessive, and/or either within
or without quotation marks, shall, be defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland
County elected officials, appointed officials, directors, board members, council
members, commissioners, authorities, other boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents,
representatives, and/or any such persons' successors or predecessors, agents,
employees, attorneys, or auditors (whether such persons act or acted in their
personal representative or official capacities), and/or any persons acting by,
through, under, or in concert with any of them, excluding the Municipality and/or
any Municipality Agents, as defined herein. "County Agent" and/or "County
Agents" shall also include any person who was a County Agent anytime during
the term of this Contract but, for any reason, is no longer employed, appointed,
or elected and serving as a County Agent.
1.2. "Equalization Division Personnel" as used in this Contract shall be defined as a
specific subset of, and included as part of the larger group of County Agents as
defined above, and shall be further defined as any and all County Agents
specifically employed and assigned by the County to work in the Equalization
Division of the County's Department of Management and Budget as shown in the
current County budget and/or personnel records of the County. For any and all
purposes in this Contract, any reference to County Agents shall also include
within that term any and all Equalization Division Personnel, but any reference in
this Contract to Equalization Division Personnel shall not include any County
Agent employed by the County in any other function, capacity or organizational
unit of the County other than the Equalization Division of the Department of
Management and Budget.
1.3. "Municipality Agent" or "Municipality Agents" shall be defined to include any and
all Municipality officers, elected officials, appointed officials, directors, board
members, council members, authorities, boards, committees, commissions,
employees, managers, departments, divisions, volunteers, agents,
representatives, and/or any such persons' successors or predecessors, agents,
employees, attorneys, or auditors (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, except that no County Agent
shall be deemed a Municipality Agent and conversely, no Municipality Agent shall
be deemed a County Agent. "Municipality Agent" shall also include any person
who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims,
complaints, demands for relief or damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees,
witness fees, court costs, investigation and/or litigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 2
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
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 and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent or any Municipality Taxpayer under
or in connection with this Contract or are based on or result in any way from the
County's and/or any County Agent's participation in this Contract.
1.5. "Municipality Taxpayer" shall be defined as any and all residents, property
owners, persons, or taxable entities within the Municipality, or their
representatives or agents, who may be liable or responsible for any property
taxes assessed by the Municipality pursuant to any applicable State Property Tax
Laws.
1.6. "State" shall be defined as the "State of Michigan," a sovereign governmental
entity of the United States, and shall also include within its definition any and all
departments or agencies of State government including specifically, but not
limited to, the State Tax Commission, the State Tax Tribunal, and/or the State
Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that
the full and complete scope of any and all County Equalization Division Assistance
Services shall be as described and limited in the following subsections (hereinafter
defined and referred to as either "Equalization Division Assistance Services" or
"Services").
2.1. "EQUALIZATION DIVISION ASSISTANCE SERVICES" OR "SERVICES" TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be
performed by the County for the Municipality as those terms are defined in this
Contract, shall only include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal
property through the 2011, 2012 and 2013 tax years as required by laws
of the State of Michigan. The County agrees to make assessments of
real and personal property within the Municipality pursuant to MCL
211.10d.
2.1.2. The Equalization Division personnel will appraise all property, process all
real and personal property description changes, prepare the assessment
roll for real and personal property in the Municipality; attend March, July
and December Boards of Review and other such duties as required by
the State General Property Tax Laws. The Equalization Division
personnel will also be available for consultation on all Michigan Tax
Tribunal real and personal property and special assessment appeals and
will assist the Municipality in the preparation of both the oral and written
defense of appeals, as long as there is a current Contract in effect.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 3
2.2. PURPOSE OF COUNTY "SERVICES" The Parties agree that the purpose of
any and all "Equalization Division Assistance Services" or "Services" to be
performed under this Contract shall be to assist (e.g., to help, aid, lend support,
and/or participate in as an auxiliary, to contribute effort toward completion of a
goal, etc.) the Municipality in the performance of that Municipality's official
functions, obligations, and Municipality's legal responsibilities for property tax
appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "Equalization Division Assistance Services" or "Services" to be provided by
the County for the Municipality under this Contract shall be performed solely and
exclusively by the County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications
and other factors as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively
responsible for furnishing all Equalization Division Personnel with all job
instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all Equalization Division
Personnel in the performance of any and all Services under this
Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and
warrant that, at all times and for all purposes relevant to this Contract,
the County shall remain the sole and exclusive employer of all County
Agents and Equalization Division Personnel and that the County shall
remain solely and completely liable for any and all County Agents' past,
present or future 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 benefits, unemployment compensation,
Social Security Act protection(s) and benefits, any employment taxes,
and/or any other statutory or contractual right or benefit based on or in
any way related to any County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect
or control, in any manner, form, or at any time, any right, privilege,
benefit, or any other term or condition of employment, of any kind or
nature whatsoever, in, upon, or for any County Agent or Equalization
Division Personnel with the County, any applicable County employment
and/or union contract, and/or any County rule(s), regulation(s), hours of
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 County and any County
Agent or Equalization Division Personnel and/or the conduct and actions
of any County Agent or any Equalization Division Personnel. To
illustrate, but not otherwise limit, this Contract does not and shall not be
interpreted to limit, modify, control, or otherwise affect, in any manner:
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 4
2.3.4.1. The County's sole and exclusive right, obligation,
responsibility, and discretion to employ, compensate, assign,
reassign, transfer, promote, reclassify, discipline, demote,
layoff, furlough, discharge any Equalization Division Personnel
and/or pay any and all Equalization Division Personnel'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
Equalization Division Personnel with the County, subject only
to its applicable collective bargaining Contracts.
2.3.4.2. The County'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 County Agent or Equalization Division
Personnel, any necessary County Agent or Equalization
Division Personnel'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 Equalization Division Personnel performing any County
duty or obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
Equalization Division Personnel, while such person is currently and/or
actively employed or otherwise remains on the payroll of the County as a
County Agent shall be employed, utilized, or perform any other services,
of any kind, directly or indirectly, in any manner or capacity, or otherwise
be available to perform any other work or assignments by or for the
Municipality during the term of this Contract. This section shall not
prohibit the Municipality from employing any person who was a former
County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or
applicable State law, the Parties agree and warrant that neither the
County, nor any County Agent, nor any Equalization Division Personnel,
by virtue of this Contract or otherwise, shall be deemed, considered or
claimed to be an employee of the Municipality and/or a Municipality
Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any
Equalization Division Personnel with any job instructions, job
descriptions, job specifications, or job duties, or in any manner attempt to
control, supervise, train, or direct any Personnel in the performance of
any County's "Equalization Division Assistance Services" duty or
obligation under the terms of this Contract.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 5
2.4. LIMITS AND EXCLUSIONS ON COUNTY "SERVICES" Except as otherwise
expressly provided for within this Contract, neither the County nor any County
Agents shall be responsible for assisting or providing any other "Services" or
assistance to the Municipality or assume any additional responsibility for
assisting the Municipality in any other way or manner with any Municipality
obligations under any and all State Property Tax Laws, including, but not limited
to, providing any attorney or legal representation to the Municipality or any
Municipality Agent at any proceeding before the Michigan Tax Tribunal or any
other adjudicative body or court, except as expressly provided for in this
Contract.
2,4.1. The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
associated with or in any way related to any Municipality tax appraisal or
assessment functions or any other Municipality legal obligation under
any applicable State Property Tax Laws. The Municipality shall employ
and retain its own Municipality legal representation, as necessary, to
defend any such claim or challenge before the State Tax Tribunal or any
other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations
incumbent only upon licensed Equalization Division Personnel (i.e., State
Licensed and Certified Real and/or Personal Property Tax Assessors) to
defend property tax appraisals and assessments that they either
performed, or were otherwise performed under their supervision, before
the Michigan Tax Tribunal, the Parties agree that no other County
Agents, including any County attorneys shall be authorized, required
and/or otherwise obligated under this Contract or pursuant to any other
agreement between the Parties to provide any legal representation to or
for the Municipality and/or otherwise defend, challenge, contest, appeal,
or argue on behalf of the Municipality before the Michigan Tax Tribunal
or any other review body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on
the effective date of this Contract, as otherwise provided herein, and shall end on
June 30, 2013, without any further act or notice from either Party being required. Any
and all County Services otherwise provided to the Municipality prior to the effective date
of this Contract, shall be subject to the terms and conditions provided for herein.
§4, NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as
expressly provided for in this Contract, the Municipality agrees that this Contract does
not, and is not intended to, transfer, delegate, or assign to the County, and/or any County
Agent or Equalization Division Personnel 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 the Municipality under any applicable State Property Tax
Laws.
4.1. The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated with
or in any way related to any Municipality tax appraisal or assessment functions or
any other Municipality legal obligation. The Municipality agrees that under no
circumstances shall the County be responsible for any costs, obligations, and/or
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 6
civil liabilities associated with its Municipality function or any responsibility under
any State Property Tax Law.
42. The Municipality shall not incur or create any debts, liens, liabilities or obligations
for the County and shall take all necessary steps to ensure that any debts, liens,
liabilities or obligations that the Municipality may incur shall not become a debt,
liability, obligation or Claim against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under any
and all applicable State Property Tax Laws. Nothing in this Contract shall relieve
the Municipality of any Municipality duty or obligation under any applicable State
Property Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for
compliance with all Federal, State, and local laws, ordinances, regulations, and
agency requirements in any manner affecting any work or performance of this
Contract or with any Municipality duty or obligation under any applicable State
Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The
Parties reserve to themselves any rights and obligations related to the provision of any
and all of each Party's respective governmental services, authority, responsibilities, and
obligations. Except as expressly provided otherwise herein, this Contract does not, and
is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or
contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or
legal responsibility, obligation, duty of care, liability, capacity, immunity, authority or
character of office of either Party to any other person or Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall
be deemed to, in any way, limit or prohibit the Oakland County Board of
Commissioners statutory rights and obligations to review and/or further equalize
Municipality property values or tax assessments and/or further act upon any
Municipality assessment(s) of property taxes under any applicable State Property
Tax Laws, including, but not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County: For the contract years 2011-2012 and 2012-
2013 the sum of $14.00 each year for each real property description and $12.40 each
year for each personal property description rendered during the life of this Contract.
Payment for the contract year 2011-2012 is payable on or before July 1, 2012 and
payment for the contract year 2012-2013 is payable on or before July 1, 2013.
If during the term of this Contract, there are additional services requested of the County,
the Parties shall negotiate additional fees to be paid by the Municipality.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 7
6.1. The Municipality agrees to be responsible for postage on all statements and
notices mailed relating to work performed under this Contract. The Municipality
agrees to be responsible for all photographic supplies.
6.2. If the Municipality fails, for any reason, to pay the County any monies when and
as due under this Contract, the Municipality agrees that unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall
be entitled to a setoff from any other 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 setoff or retention of funds by the County
shall be deemed a voluntary assignment of the amount by the Municipality to the
County. The Municipality waives any claims against the County or its Officials for
any acts related specifically to the County's offsetting or retaining such amounts.
This paragraph shall not limit the Municipality's legal right to dispute whether the
underlying amount retained by the County was actually due and owing under this
Contract.
6.3. If the County chooses not to exercise its right to setoff or if any setoff is
insufficient to fully pay the County any amounts due and owing the County under
this Contract, the County shall have the right to charge up to the then-maximum
legal interest on any unpaid amount. Interest charges shall be in addition to any
other amounts due to the County under this Contract Interest charges shall be
calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid.
6.4. Nothing in this Section shall operate to limit the County's right to pursue or
exercise any other legal rights or remedies under this Contract against the
Municipality to secure reimbursement of amounts due the County under this
Contract. 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 Contract, if
the County pursues any legal action in any court to secure its payment under this
Contract, 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.
6.5. Notwithstanding any other term or condition in this Contract, should the
Municipality fail for any reason to timely pay the County the amounts required
under this Contract, the Municipality agrees that the County may discontinue,
upon thirty (30) days written notice to the Municipality, without any penalty or
liability whatsoever, any County services or performance obligations under this
Contract.
§7. LIABILITY The Municipality further agrees that the County shall not be liable to the
Municipality for any and all Claim(s), except as otherwise expressly provided for in this
Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any Municipality Taxpayer or any other person
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 8
or entity, or that the County's efforts in the performance of any obligation under
this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or
increase in any property assessment, or guarantee that any County services
provided under this Contract will withstand any challenge before the State Tax
Tribunal or any court or review body, or any other such performance-based
outcome.
7.2. in the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for any
indirect, incidental, special or consequential damages, including, but not limited
to any replacement costs for County Services, any loss of income or revenue,
and/or any failure by the Municipality to meet any Municipality obligation under
any applicable State Property Tax Laws, or any other economic benefit or harm
that the Municipality may have realized, but for any alleged breach, wrongful
termination, default and/or cancellation of this Contract, or damages beyond or in
excess of the amount(s) of any amount paid to, received or retained by the
County at the time of the alleged breach or default in connection with or under
the terms of this Contract, whether such alleged breach or default is alleged in an
action in contract or tort and/or whether or not the Municipality has been advised
of the possibility of such damages. This provision and this Contract is intended
by the Parties to allocate the risks between the Parties, and the Parties agree
that the allocation of each Party's efforts, costs, and obligations under this
Contract reflect this allocation of each Party's risk and the limitations of liability as
specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes
of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent by any third person, including but not
limited to any Municipality Agent or Municipality Taxpayer, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any County Agents based upon any and all legal theories or alleged rights of any
kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality and which are
alleged to have arisen under or are in any way based or predicated upon this
Contract.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 9
7.4. If the Municipality requests and the County agrees, the County may prepare the
actual tax statement for mailing by the Municipality to Municipality residents. In
preparing any such tax statement the County shall rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
Contract, including, but not limited to, the applicable millage rate. The parties
agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to
information supplied by the Municipality to the County for such purposes.
MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality
agrees that it shall be solely and exclusively responsible, during the term of this Contract,
for guaranteeing that all Municipality Agents fully cooperate with Equalization Division
Personnel in the performance of all County Services under this Contract. Likewise, the
County agrees that it shall be solely and exclusively responsible, during the term of this
Contract, for guaranteeing that all Equalization Division personnel fully cooperate with
Municipality Agents in the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
agrees that it shall be solely responsible for furnishing all Municipality Agents
with all job instructions, job descriptions and job specifications and shall solely
control, direct, and supervise all Municipality Agents and shall be solely
responsible for the means and manner in which Municipality's duties or
obligations under any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and
all Municipality Agents' past, present or future 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 benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based on or in any way related to any
Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor
contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County
from and against any and all Claim(s) which are imposed upon, incurred by, or
asserted against the County or any County Agent by any Municipality Agent
and/or which are based upon, result from, or arise from, or are in any way related
to any Municipality Agent's wages, compensation, benefits, or other employment-
related or based rights, including, but not limited to, those described in this
section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract
or otherwise, be considered or claimed to be an employee of the County and/or a
County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of a
County Agent.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 10
8.4. The Municipality agrees to provide the County Agents with information regarding
any activity affecting the tax status of a parcel. This shall include both Ad
Valorem and Special Act Property Abatements and/or Exemptions (e.g. Including
though not limited to Alternative Energy or New Personal Property, Renaissance
Zones, Senior/Disabled Housing Facilities, Obsolete Property and Plant
Rehabilitation & Industrial Development Districts), inclusive of the establishment
of the related district. Additionally, the Municipality agrees to provide the County
Agents with information regarding the establishment/amendment of an Authority
and/or the approval/amendment of any related Development and/or Tax
Increment Finance Plan(s). The County shall be informed of these proposed
changes prior to approval by the governing body of the municipality.
8.5. The Municipality agrees to inform the County Agents regarding any increase in
taxation which is governed by the Truth in Taxation Act. Further, the Municipality
agrees to inform the County Agents regarding any millage increase (new) or
renewal.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining
a paper trail of roll changes, maintaining the rolls in balance, and providing the
Oakland County Equalization Division with the information necessary to prepare
the warrant.
8.7. The Municipality agrees that its Agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly
basis using the County's Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the
County's Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all
Special Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value
of property located within the Municipality to the County's Equalization
Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County's Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to
undertake the tasks in Section 8.7 above, the County's Equalization Division may
perform these tasks and they shall be paid on a time and material basis. Such
rate shall be based upon the wages plus benefits of the person or persons
performing said tasks.
§9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes
under the terms of this Contract, the County's and/or any and all County Agents' legal
status and relationship to the Municipality shall be that of an Independent Contractor.
Except as expressly provided herein, each Party will be solely responsible for the acts of
its own employees, Agents, and servants during the term of this Contract. No liability,
right or benefits arising out of an employer/employee relationship, either express or
implied, shall arise or accrue to either Party as a result of this Contract.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 11
§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality
acknowledges and agrees that this Contract does not, and is not intended to, create
either any absolute right in favor of the Municipality, or any correspondent absolute duty
or obligation upon the County, to guarantee that any specific number(s) or classification
of County Agents will be present on any given day to provide County services to the
Municipality.
§11. INDEMNIFICATION Each Party shall be responsible for any Claims made against that
Party and for the acts of its Employees or Agents. In any Claims that may arise from the
performance of this Contract, each Party shall seek its own legal representation and bear
the costs associated with such representation including any attorney fees. Except as
otherwise provided in this Contract, neither Party shall have any right under any legal
principle to be indemnified by the other Party or any of its Employees or Agents in
connection with any Claim. This Contract 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 Contract shall be
construed as a waiver of governmental immunity for either Party.
§12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either
Party, upon a minimum of ninety (90) calendar days written notice to the other Party, may
cancel and/or completely terminate this Contract for any reason, including convenience,
without incurring any penalty, expense, or liability to the other Party. The effective date
for any such termination is to be clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract, except those rights
and obligations expressly surviving cancellation as provided for in this Contract,
shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to the
County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either
occurring or having their basis in any events or transactions that occurred before
the cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree
that this Contract, and/or any subsequent amendments thereto, shall not become
effective prior to the approval by concurrent resolutions of both the Oakland County
Board of Commissioners and the Governing Body of the City of Walled Lake. The
approval and terms of this Contract, and/or any possible subsequent amendments
thereto, shall be entered in the official minutes and proceedings of both the Oakland
County Board of Commissioners and the Governing Body of the City of Walled Lake and
shall also be filed with the office of the Clerk of the County and the Clerk for the City of
Walled Lake.
§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall
be filed with the Michigan Secretary of State and this Contract, and/or any possible
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 12
subsequent amendments, shall not become effective prior to this required filing with the
Secretary of State.
14.1, The Parties agree that except as expressly provided herein, this Contract shall
not be changed, supplemented, or amended, in any manner, except as provided
for herein, and no other act, verbal representation, document, usage or custom
shall be deemed to amend or modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit
of the Parties (i.e., County or Municipality), this Contract does not, and is not intended to,
create, by implication or otherwise, any direct or indirect obligation, duty, promise,
benefit, right to be indemnified (i.e., contractually, legally, equitably, or by implication)
and/or any right to be subrogated to any Party's rights in this Contract, and/or any other
right of any kind, in favor of any person, including, but not limited to, any County Agent or
Municipality Agent or any Municipality Taxpayer, any Taxpayer's legal representative, any
organization, any alleged unnamed beneficiary or assignee, and/or any other person.
§16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to
and, in all cases, shall be construed as a whole according to its fair meaning, and not
construed strictly for or against any Party. As used in this Contract, the singular or plural
number, possessive or nonpossessive shall be deemed to include the other whenever
the context so suggests or requires.
§17. CAPTIONS The section headings or titles and/or all section numbers contained in this
Contract are intended for the convenience of the reader and not intended to have any
substantive meaning and are not to be interpreted as part of this Contract.
§18. NOTICES Except as otherwise expressly provided for herein, any and all
correspondence, invoices, and/or any other written notices required, permitted or
provided for under this Contract to be delivered to either Party shall be sent to that Party
by first class mail. All such written notices, including any notice canceling or terminating
this Contract as provided for herein, shall be sent to the other Party's signatory to this
Contract, or that signatory's successor in office, at the addresses shown in this Contract.
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.
§19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not
operate or be construed as a waiver of any subsequent breach. Each and every right,
remedy and power granted to either Party or allowed it by law shall be cumulative and not
exclusive of any other.
§20. EXISTING CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES The Parties
acknowledge that there exists a contractual relationship between them covering some of
the same Equalization services described herein. The Parties acknowledge that upon
execution of this Contract, that the "Current Contract" shall be terminated. The Parties
agree that as to any post termination rights or duties of either Party under the "Current
Contract" it shall control. As to any rights or duties undertaken or engaged in after the
effective date of this Contract, this Contract shall control any and all legal obligations of
the Parties.
§21. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets
forth the entire agreement between the County and the Municipality. It is further
understood and agreed that the terms and conditions herein are contractual and are not a
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 13
DATE:
DATE: /7. do II
EXECUTED:
William T. Roberts, Ma9or
City of Walled Lake
WITNESSED: C1-61.41erc.t4.....
- (/ WITNESSED: DATE:
mere recital and that there are no other agreements, understandings, contracts, or
representations between the County and the Municipality in any way related to the
subject matter hereof, except as expressly stated herein. This Contract shall not be
changed or supplemented orally and may be amended only as otherwise provided
herein.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned
hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind
the Parties to the terms and conditions of this Contract.
IN WITNESS WHEREOF William T. Roberts, Mayor, of the City of Walled Lake, hereby
acknowledges that he has been authorized by a resolution of the Governing Body of the City of
Walled Lake, a certified copy of which is attached, to execute this Contract on behalf of the
Municipality and hereby accepts and binds the Municipality to the terms and conditions of this
Contract.
Catherine Buck, Clerk
City of Walled Lake
IN WITNESS WHEREOF Michael J. Gingell, 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
Contract on behalf of Oakland County, and hereby accepts and binds Oakland County to the
terms and conditions of this Contract.
EXECUTED:, • 7L<1-i' . : DATE:
Michael J. GingeChairperon
Oakland County Board of Commissioners
Bill Bullard, Jr., Clerk/Register or Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Page 14
Bill 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
August 11, 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 July 6, 2011, the Board of Commissioners for Oakland County entered into an agreement per MR #11130 – Department of Management and Budget/Equalization Division – Approval of Contract for Oakland County
Equalization Division Assistance Services with the Townships of Groveland, Novi, Southfield, and the Charter Townships of Commerce, Milford, Oakland, Oxford and Royal Oak and the Cities of Berkley, Bloomfield Hills, Clawson, Hazel Park, Lathrup Village, Royal Oak, South Lyon, Walled Lake.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the
City of Walled Lake 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 Kimberly Hampton, Oakland County Management and Budget/Equalization Division
Catherine Buck, City of Walled Lake Clerk Enclosures
CITY OF WALLED LAKE
REGULAR COUNCIL MEETING
Max' 17, 2011
Mayor Roberts called the meeting to order at 7:30 p.m.
Pledge to the Flag was followed by Invocation by Council member Ows -inek.
ROLL CALL — Present — Mayor Roberts
Council — Ackley*, Ambrose, Owsinek, Robertson, Sturgeon, Yezbick
Absent —
City Manager — Whitt
Attorney — Vanerian
Dept. Heads — Buck, Cureton, Shakinas, Van Sparrentak
There being a quorum present, the meeting was declared in session.
REQUEST FOR AGENDA CHANGES - None
CM05-24-11 — APPROVAL OF THE MAY 3, 2011 REGULAR COUNCIL MEETING
MINUTES
Ambrose moved, Robertson seconded
That Council approves the May 3,2011 Regular Council meeting minutes as submitted.
VOTE: UNANIMOUSLY CARRIED
AUDIENCE PARTICIPATION
Steve Loe, 1507 West Lake Drive in Novi, said there were a few people at this meeting to bring
attention to the controversy on the lake regarding the weed situation and the establishment of the
Lake Board. He said that two ladies in the room worked diligently to get people to sign a
petition to dissolve the Lake Board. They are concerned about the steps being taken regarding
the weeds. They are going to dump 9,000 pounds of chemicals into the lake and start the
harvester to handle the problem. This is a mistake. Mr. Ime said they are not happy about what
is going on and they arc in the process of doing what they can to dissolve the Lake Board.
Mayor Roberts thanked Mr. Loe for his comments. He said he knows there are many people in
the community who are concerned and many feel the Lake Board is the best thing. Some people
may like the Lakd Board but have concerns regarding their power. People are also concerned
about the way the assessment was spread.
*Mayor Pro Tern Ackley arrived at 7:40 p.m.
Mr. Loe said he hoped the City could help them. There are many people who signed the original
petition to form the Lake Board who have now changed their minds. He didn't think the petition
was presented honestly when it was circulated the first time,
REGULAR COUNCIL MEETING May 17, 2011 Page 2
Mayor Roberts said he understood the petition to hold a public hearing to dissolve the Lake
Board would have to go to both units of government and then both units would have to vote to
dissolve the Lake Board. Attorney Vanerian said that was correct. One community alone cannot
dissolve the Lake Board.
Sandra Carotan, 835 Bluffton, read from an email she received this morning from the man that
signed the permit for the DNR. There are about 90 acres of chemical treatment. Permission to
treat is not required when there is a Lake Board for a Special Assessment District. She is the
Cooperative Lakes Monitors Program and the volunteer monitor for Walled Lake. They have no
data for Walled Lake back to 2005. She was trained by the Michigan Lakes and Streams last
month at her own expense. She thought she knew more about this than anyone in the room. She
has read the 68-page report at least ten times. She asked the Council to look at the report on
plant density. Ms. CaroIan commented that the permit indicates there are no public beaches on
this lake and no wetlands adjacent to the treatment area. The email from DEQ . indicates they
were not aware there were wells that people are drinking from in Novi. The DEQ suggested that
Ms. CaroIan point out to the Lake Board where these wells are located. She said that the Lake
Board and All-Pro, the company doing the chemical treatment, did not do their homework. She
stated that they distributed a blank form regarding the treatment to the residents. They
discouraged the harvesting of milfoi I at the seminars she attended because it spreads by
fragmentation. Ms. Carolan said she was here to ask the Council to dissolve the Lake Board
tonight. The majority of the residents do not want the Lake Board. The statute indicates that you
can dissolve the Lake Board if' the reason no longer exists. She encouraged the Council to
recognize that the permit goes beyond the scope of what the engineering firm recommended.
Council member Ambrose commented that we have been down this road before. He asked that
she bring the Council the signatures, show that they have the majority. If Novi wishes to
dissolve the Lake Board, he thought the Council would do what it needed to do. Right now, the
Council stands with what the majority of the people wanted. The problem with the harvesting is
no different than the boat propellers chopping them up.
Mayor Roberts asked how many signatures were on the petition to dissolve the Lake Board. Ms.
Carolan said she didn't have a number but thought it was well over 51%. They would have that
number available within a week. Mayor Roberts asked if they had been before the Novi City
Council. Ms. Carolan replied not yet. Mayor Roberts noted that Novi controls the largest
portion of the lake.
Mr. Loe said that they have to start somewhere. lie wondered what the Council could do
procedurally to get the ball rolling.
Ms. Carola.n suggested that Walled Lake use an injunction to stop them from proceeding with the
chemical treatment or harvesting until the public hearing is held.
Council member Ambrose said he would like someone from the DEQ to come to a Council
meeting to verify this information. Many of the things that Ms. Carolan said seem to contradict
what the DEO said.
Ms. Carolan asked about an injunction based on the fact that the permit is incorrect. There are
wetlands adjacent to the -treatment area and there are wells in Novi. Council member Yezbick
REGULAR COUNCIL MEETING May 17, 2011 Page
asked if this could be stopped based on the health and safety of the residents. Attorney Vanerian
replied that it is more of a proof issue, as far as danger or harm, than a legal issue.
Ms. Carolan said she was glad this meeting was being taped. She is very concerned and she does
not want to be held responsible for the Lake Board's incompetence. She is uncomfortable
moving ahead with this company and she thought the Council should be uncomfortable with all
of the unanswered questions.
Council member Ambrose said that the City of Novi should take the action regarding the wells.
Walled Lake has no wells.
Mr. Loe said that the treatment area encompasses a City park. Council Ambrose indicated that
the park Wilt be closed if there is an issue. He said that the Council needs something to go on
rather than hearsay and allegations.
Larry Luchi, 1501 West Lake Drive in Novi, said he does not have weeds in front of his
property. He is looking for a state of woe to see what is going on. Chemicals are designed for a
purpose. He said they are asking the Council for some help. If Walled Lake made a motion to
dissolve the Lake Board, perhaps the Novi Council would do the same.
Council member Robertson said that the Council needs to know how many total people on the
lake have a say and how many signatures there are. 1:Ie said he doesn't have a problem
dissolving the Lake Board but he didn't know if it would make a difference. He challenged the
Novi City Council to come to a meeting last year and the Lake Board came but the Council did
not. Council member Robertson thought the Novi City Council knew how the Walled Lake City
Council felt about this.
Ms. Carolan said that signatures of two-thirds of those abutting the lake were necessary and they
have that. She guessed there were approximately 250 signatures out of 350 lake front owners.
Council member Robertson asked if they turn in the required number of signatures, is a public
hearing scheduled. Attorney Vanerian said that the statute indicates that a public hearing is held
on the proposed dissolution and then the governing bodies make a determination based on the
public hearing. The court would have to grant an injunction, He said that they could file a
lawsuit, but that would take a lot of time and they would have to hire experts to make a
determination.
James Hoare, 1431 West Lake Road in Novi, stated that the pEQ. was given inaccurate
information and they chose to make a decision unwisely. He wondered what more the Council
needed to satisfy themselves that there was a problem.
Council member Ambrose noted that in the information provided by Ms. Caro Ian, it does state
that the product has to stay 75 feet away from any well. Council member Yezbick suggested that
the people with a well contact the DEQ to tell them they have a well and that they issued a
permit indicating there were no wells.
REGULAR COUNCIL MEETING May 17, 2011 Page 4
Mr. Loe said he came to see if they could get support from this Council. There is a City park on
the north end and the south end of the lake. They would like to slow down and suspend the
permit. He doesn't have clout, but he thought that the Council did.
Mr. Luchi asked if any of the Council members were concerned that the treatment map indicates
there are no public accesses or parks. He thought the Council were the custodians of the City
parks.
Mayor Roberts asked the City Manager to have Director Cureton contact the DEQ to notify them
that there are parks on the lake and to see if there are any issues. City Manager Whitt said that
they will be reminding the DEQ that they have a responsibility. The City cannot revoke a.
permit. If those facts are true, the person issuing the permit would have to revoke it. Even a
complaint from the well owner could make an issue. He said that we cannot guarantee a
response.
Mayor Roberts advised those residents present to submit the signatures they have with the
number of properties that are abutting the lake. He thought it would be important for them to
visit the Novi City Council as well.
Kim Williamson, 431 Gamma, distributed a letter and pictures of the flooding in her backyard.
She said she knows the pumps were working, but the wetlands can only hold so much water.
East Bay is not maintaining the overflow on their property and this has been going on for ten
years, causing damage to our properties. She thought a larger detention basin was necessary.
Every year the water gets higher and higher. There must be Some other way to hold the water.
Mayor Roberts asked if the cut was still there into the swamp. Ms. Williamson replied yes, it
runs through her neighbor's property. They take care of it along the property line.
Council member Robertson said that it is like a miniature geyser. He thought there were
supposed to be backflow protectors. Director Cureton commented that all it takes is for a branch
to hold that open and allow the surcharge.
Ms, Williamson said that it is inappropriate when their detention basin is allowed to overflow
onto Sparks and Omega. She said that she would appreciate it if her letter and the pictures would
be part of the official City record.
Mayor Roberts apologized to Ms. Williamson.
COUNCIL CONSIDERATION - None
MAYOR'S REPORT
I. Report on the May 10, 2011 DDA Meeting
Mayor Roberts said that Chairperson Wlodarezyk had to resign as Chairperson of the DDA due
to unanticipated business situations. Council member Casey Ambrose, newly appointed to the
DDA Board, was elected once again as Chairperson. The DDA paid $5,000 to the Executive
Director for her Roth IRA. A budget amendment for the sidewalk project is necessary, The
Board voted to FOLA. the MDOT overpayment information. Board Member Lublin reported that
REGULAR. COUNCIL MEETING May 17, 2011 Page 5
some insulation work has been completed on the Foster Farmhouse and there is approximately
$80,000 of additional work needed to finish the project. The Design Committee awarded grants
of $5,500 to Tubby's and $500 to Hydro Harry's for facade/sign projects. Hydro Harry's was
named the June Business of the Month. The Promotion Committee reported that plans for the
5K Run/Walk are coming along very well and the shirts have been received.
Mayor Roberts also commented that the Farmers Market is now open on Wednesdays. There are
many great vendors there and the turnout from the community is very good. Janell has been
doing an excellent job coordinating this event.
COUNCIL REPORT
1. Report on the May 10, 2011 Planning Commission Meeting
Council member Robertson said that McKenna provided a basic training session on what a
Planning Commission does and why there is a Master Plan. Election of officers was held and
Rueben Cheney is now the Chairman, Matt Malone is the Vice Chairman and Phil Gersten is the
Secretary.
CITY MANAGER'S REPORT
I. Departmental Statistical Reports
CM05 -25-1.1 — RECEIVE THE DEPARTMENTAL STATISTICAL REPORTS
Ackley moved, Owsinek seconded
That Council receives the Departmental Statistical Reports.
Mayor Roberts said that the Police report shows there were 756 incidents in Walled Lake. He
wondered if that included Wolverine Lake, or if it was just in Walled Lake. Chief Shakinas said
that it was just for Walled Lake.
VOTE: UNANIMOUSLY CARRIED
CORRESPONDENCE -None
ATTORNEY'S REPORT
I. Consideration of a Draft Planning Commission Ordinance
Attorney Vanerian said that statutory requirements require communities to adopt new or
amendatory Planning Commission Ordinance Amendments by July 1, 2011 to fully conform to
the requirements arising under the Michigan Zoning Enabling Act and the Michigan Planning
Enabling Act. This draft Ordinance does not change the Planning Commission or their powers
or duties.
REGULAR COUNCIL MEETING May 17, 2011 Page 6
Council member Robertson suggested looking the draft Ordinance over and bringing it back at
the next regular Council meeting.
CMC.-26-1/ — LAY THE CONSIDERATION OF THE PLANNING COMMISSION
OVER TO THE JUNE 7, 2011 REGULAR COUNCIL MEETING
Owsinek moved, Ackley seconded.
That Council lays the Consideration of the Planning Commission Ordinance over to the June 7,
2011 Regular Council meeting.
VOTE: UNANIMOUSLY CARRIED
UNFINISHED BUSINESS
1. Consideration of Rescheduling the City Manager and City Clerk Evaluations
CM05-27-11 — RESCHEDULE THE CITY MANAGER AND CITY CLERK
EVALUATIONS TO THE JULY 19, 2011 REGULAR COUNCIL MEETING
Robertson moved, Owsinek seconded.
That Council reschedules the City Manager and City Clerk Evaluations to the July 19, 2011
Regular Council meeting.
VOTE: UNANIMOUSLY CARRIED
NEW BUSINESS
1. Consideration of the Bulk 'Road Salt Bid
Director Cureton said that Detroit Salt Company submitted the lowest bid of $46.51 per ton for
road salt. Last season, the City paid $47.98 per ton. He estimated the City would purchase 900
tons of road salt this upcoming season. This is for two years.
CM05-28- 11 — AUTHORIZE STAFF TO PURCHASE BULK ROAD SALT THROUGH
DETROIT SALT COMPANY AT A COST OF $46.51 PER TON
Ackley moved, Owsinek seconded
That Council authorizes Staff to purchase bulk road salt through Detroit Salt Company at a cost
of $46.51 per ton.
UNANIMOUSLY CA RRIEF. VOTE:
VOTE: UNANIMOUSLY CA.RR1ED
REGULAR COUNCIL MEETING May 17, 2011 Page 7
2. Consideration of the Lawn Mowing and Maintenance Bid
Director Cureton said bids were received from three companies for the lawn mowing and
maintenance of residential, commercial and vacant properties. While D & L Services was the
apparent low bidder, overall City Staff be] ieves Progressive Irrigation, Inc. will provide the work
at a lower cost due to more efficient service.
CM05-29-11 — AWARD THE LAWN MOWING AND MAINTENANCE OF
RESIDENTIAL, COMMERCIAI„AND VACANT PROPERTIES TO PROGRESSIVE
IRRIGATION, INC., OVERRIDING THE LOW BID FOR THE BEST INTEREST OF
THE CITY
Robertson moved, Ackley seconded
That Council awards the lawn mowing and maintenance of residential, commercial and vacant
properties to Progressive Irrigation, Inc., overriding the low bid for the best interest of the City.
ROLL CALL VOTE: (7) AYES — Ackley, Ambrose, Owsinek, Roberts, Robertson, Sturgeon,
Yezbick
(0) NAYS
UNANIMOUSLY CARRIED
3. Consideration of the Oakland County Equalization Contract
CM05-30-11 — APPROVE THE OAKLAND COUNTY 2011-2013
EQUALIZATION CONTRACT
Ambrose moved, Owsinek seconded
That Council approves the Oakland County 2011-2013 Equalization Contract
4. Consideration of the Retiree Medical Benefit Request
City Clerk Buck said that Sandy Crocker is requesting that when she and her husband reach
Medicare eligible age, they be allowed to purchase a Medicare approved health care rider plan
different from the current Medicare rider plan that the City is offering its retirees. The City
would reimburse her at a cost not to exceed $800 per month once she provides a copy of a paid
receipt. She has found a Medicare approved health care rider plan fir approximately $650 for
both of them. So this will be a savings for the City, as well.
Mayor Roberts asked if something happens to Sandy, would we continue to pay her husband,
City Clerk Buck replied yes. Spouses are eligible until they die.
CM05-31-11 — AUTHORIZE THE MAYOR TO EXECUTE THE RETIREE
HEALTH AGREEMENT FOR SANDRA CROCKER
VOTE: UNANIMOUSLY CARRIED
VOTE: UNANIMOUSLY CARRIED
REGULAR COUNCIL MEETING May 17, 2011 Page 8
Ackley moved, Robertson seconded
That Council authorizes the Mayor to execute the Retiree Health Agreement for Sandra Crocker.
VOTE: UNANIMOUSLY CARRIED
5. Consideration of the Loan of a Concession Trailer
Director Cureton said that the Parks and Recreation Commission have been loaned the use of a
concession stand from the Kevin Lee family, The biggest obstacle for the Parks and Recreation
Commission was finding volunteers to man the concession. The Lee family has indicated that
long term, they may wish to donate the trailer to the City.
Mayor Pro Tern Ackley asked if this was covered under the City insurance. Director Cureton
said that as long as it is a sanctioned event, the insurance company will allow it. He
recommended that the Parks and Recreation Commission serve bottle water, canned pop or any
other type of prepackaged items to satisfy the requirements of the Health Department. He
thought the biggest question was if Council thought this was a good idea.
Mayor Roberts thought this was a generous offer from the Lee's.
C1V105-32-11 — ENDORSE THE CONCESSION TRAILER FOR. PARKS AND
RECREATION COMMISSION FUNDRAISING THAT WAS LOANED BY THE
LEE FAMILY
Ackley moved, Sturgeon seconded
That Council endorses the Concession Trailer for Parks and Recreation Commission fundraising
that was loaned by the Lee Family.
6. Consideration of the DDA Budget Amendment
CM05-3341 — APPROVE THE DDA STREETSCAPE IMPROVEMENT BUDGET
AMENDMENT IN THE AMOUNT OF $39,301.11
Robertson moved, Ackley seconded
That Council approves the DDA Streetscape Improvement Budget Amendment in the amount of
$39,301.11.
7. Consideration of the 5K Run Traffic Control Order
C1V105-34-11 — APPROVE THE 5K RUN TRAFFIC CONTROL ORI
REGULAR COUNCIL MEETING May 17, 2011 Page 9
,Jwsinek moved, Sturgeon seconded
That Council approves the 5K Run Traffic Control Order.
VOTE: UNANIMOUSLY CARRIED
S. Consideration of the Memorial Day Parade Traffic Control Order
CM05-35-11 — APPROVE THE MEMORIAL DAY PARADE TRAFFIC CONTROL
ORDER
Robertson moved, Owsinek seconded
That Council approves the Memorial Day Parade Traffic Control Order,
VOTE: UNANIMOUSLY CARRIED
9. Consideration of the Thunder Traffic Control Order
CM05-3641 — APPROVE THE THUNDER TRAFFIC CONTROL ORDER
Owsinek moved, Yezbick seconded
That Council approves the Thunder Traffic Control Order.
VOTE: UNANIMOUSLY CARRIED
10. Consideration of the Vehicle Purchase
Police Chief Shakinas said that current undercover vehicle has over 75,000 miles and the
requirements of the assignment can put as many as 35,000 miles on that vehicle each year. A
new vehicle would nearly cut fuel consumption in half, cut maintenance costs, and would be
under warranty. Quotes were received from three vendors with Shuman Chrysler submitting the
lowest bid of $14,523.00. Forfeiture funds would be used to purchase this vehicle.
Mayor Roberts asked if we were comparing apples to apples between the three dealerships,
Chief Shakinas replied yes. They requested the government bid and Officer Noble worked it
down more with Shuman Chrysler.
CM05-37-1I — APPROVE THE PURCHASE OF AN UNDERCOVER VEHICLE FROM
SHUMAN CHRYSLER AT A COST OF 514,523.00
Sturgeon moved, Ambrose seconded
That Council approves the purchase of an undercover vehicle from Shuman Chrysler at a cost of
$14,523.00.
VOTE: UNANIMOUSLY CARRIED
REGULAR COUNCIL MEETING May 17, 2011 Page 10
11. Consideration of the Police Equipment Purchase
Police Chief Shakinas said that with the separation of the shared service agreement, the
Department is requesting replacement of the equipment that will be returned to Wolverine Lake.
He would like to purchase two in-car video systems from Watch Guard and one mobile computer
from Motorola to equip the current fleet.
Council member Yezbick asked if Wolverine Lake Police would be returning any of our
equipment. Chief Shakinas replied yes. They are working out a trade that is fair to both
communities.
Mayor Pro Tern Ackley asked why there was only one vendor. Chief Shakinas said that they
currently use Watch Guard and they have had great luck with them. Also, Motorola was part of
the Clemis bid and this is standard in every policy agency.
CM05-38-11 — APPROVE $15,305.00 FOR THE PURCHASE OF TWO 1N-CAR VIDEO
SYSTEMS FROM 'WATCH GUARD AND ONE MOBILE COMPUTER FROM
MOTOROLA
Owsinek moved, Ackley seconded
That Council approves $15,305.00 for the purchase of two in-ear video systems from Watch
Guard and one mobile computer from Motorola.
VOTE: UNANIMOUSLY CARRIED
L. Consideration of Entering into Executive Session to Discuss Pending Litigation
CM05-3941 — APPROVE TO ENTER INTO EXECUTIVE SESSION TO DISCUSS
PENDING LITIGATION
Robertson moved, Ackley seconded
That Council approves to enter into Executive Session to discuss pending litigation.
This would include the City Manager, the City Attorney and the City Clerk.
ROLL CALL VOTE: (7) AYES — .Ackley, Ambrose, Owsinek, Roberts, Robertson, Sturgeon,
Yezbiek
(0) NAYS
UNANIMOUSLY CARRIED
AUDIENCE PARTICIPATION
Todd Quaid said he hoped the City would support the Walled Lake Thunder once again this year.
This will be held on Walled Lake on June 11-12, 2011. He said they continue to make this event
bigger and better than the previous year and they believe it brings a lot of tourism into the City.
REGULAR COUNCIL MEETING May 17, 2011 Page 11
Police Chief Shakinas said that this year's event will be very similar to those events in the past.
CM05-40-11 — ENDORSE THE WALLED LAKE THUNDER RACE ON JUNE 11.42,
2011
Owsinek moved, Ambrose seconded
That Council endorses the Walled Lake Thunder Race on June 11-12, 2011.
VOTE:
The Mayor and Council wished him good luck.
COUNCIL COMMENTS
Council member Robertson — No comment.
UNANIMOUSLY CARRIED
Council member Owsinek — Said that before this Council meeting, he took a ride with his bride
around the downtown area. They saw the progress on the sidewalks. The contractor is doing a
great job of getting that together. It is looking wonderful,
Council member Sturgeon — Concurred with Council member Owsinek. The sidewalk does look
good.
Council member Ambrose — Stated that he didn't realize how bad it was until he focused on that
area. Sidewalks were missing and there were no curbs or gutters. This was a well-needed
improvement. He hoped it would. stimulate the area. Also, as we transition to a new treasurer,
now may be a good time to have an independent audit done on the City's books.
CM05-4141 — AUTHORIZE THE CITY MANAGER TO ENGAGE THE
INDEPENDENT AUDITOR FOR AN AUDIT OF THE CITY'S BOOKS
Ambrose moved, Owsinek seconded
That Council authorizes the City Manager to engage the independent auditor for an audit of the
City's books.
Mayor Roberts wondered if he was thinking about another $30,000 audit. Council member
Ambrose said no. This would just be a cursory action, ju.st an audit of the treasurer's function.
City Manager Whitt thought it was a good idea to check the books to see where we stand in
terms of dollars. It will help to make the decision regarding this position over the next few
weeks. He thought a limit of $5,000 would be adequate. He would use the same auditing firm,
which would make it easier as they begin the next regular audit.
VOTE: UNANIMOUSLY CARRIED
Council member Yezbick — Speaking of the sidewalks, Oakland County is tearing up the roads
too. The roads are looking better. He thanked the residents and visitors that took. their advice
REGULAR COUNCIL MEETING May 17, 2011 Page 12
and contacted the County Commissioner and the Road Commission. Council member Ambrose
thought this did make a difference.
Mayor Pro Tern Ackley — No comment.
Mayor Roberts said that his stepson came from Chicago and the first thing he noticed was the
great sidewalk project. They went to dinner at a restaurant in town and he was glad to hear that
work would begin on the roads very soon, too.
CM05-42-11 — BILLS FOR APPROVAL
Ackley moved, Owsinek seconded
That Council authorizes the disbursements and transfer on Warrant 410-2011 in the amount of
$249,244.04, this being in the best interest of the City.
VOTE:
Council recessed at 9:40 p.m.
Council entered Executive Session at 9:48 p.m.
Council rose from Executive Session at 10:03 p.m.
UNANIMOUSLY CARRIED
CM0c-43-11 — ACCEPT AND FOLLOW THE CITY ATTORNEY'S
RECOMMENDATION HE OFFERED IN EXECUTIVE SESSION REGA I ING
STANLEY VS. WALLED LAKE ET AL, SECTION 1983, CASE PENDING IN CIRCUIT
COURT
Robertson moved, Ackley seconded
That Council accepts and follows the City Attorney's recommendation he offered in Executive
Session regarding Stanley vs. Walled Lake et at, Section 1983, case pending in Circuit Court.
VOTE:
The meeting adjourned at10:05 p.m.
Respectfully submitted,
ILNANIMOU SL Y CA RRI ED
Catherine Buck, City Clerk William T. Roberts, Mayor