HomeMy WebLinkAboutInterlocal Agreements - 2011.09.22 - 6273Bill 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
October 10, 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 September 22, 2011, the Board of Commissioners for Oakland County entered into an agreement per MR #11202 – Sheriff’s Office – Contract Amendment #2 for Law Enforcement Services in the Charter Township of
Brandon - 2011. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the
Charter Township of Brandon 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, Oakland County Corporation Counsel B. Jean McCreery, Charter Township of Brandon Clerk
Dale Cunningham, Business Manager, Oakland County Sheriff’s Office
Enclosures
TCharter Township of Brandon
395 Mill Street, Ortonville, MI 48462
Regular Board Meeting Minutes
August 1, 2011 – 7:30 p.m.
Supervisor Thurman called the meeting to order at 7:30 p.m., followed by the Pledge of
Allegiance.
Roll Call: Present: McCreery, Beltramo, Stowell, King, DePalma, Thurman
Absent: Gault (with notice)
Also Present: 4 Attendees
Approval of Agenda:
Motion by Stowell, seconded by Beltramo, to approve the agenda.
All were in favor, the motion carried.
Presentation: Phillip Bertoline – Wireless Oakland
Phillip Bertoline, Deputy County Executive and Chief Information Officer for Oakland
County gave a presentation regarding the Wireless Oakland program and an opportunity
for a portion of Brandon Township to have free wireless internet services, which would
require space on the township cell tower.
Treasury Report
Bank rates are still low and are not increasing very much. Most of our money is at
the county where we are getting a good rate and we are safe there.
We have collected 7% of the taxes so far.
Have been following bank ratings to make sure we are safe. We are taking
precautions and making plans to make sure we have backup.
Building Department Report
The Building Department’s revenue is slightly up from last year at this time.
The following reports were received and placed on file:
General Ledger Report
Committed Funds Report
Reconciliation Report
Trustees Report
Stowell: Nothing, thank you.
DePalma: Nothing, thank you.
King: I’m all set, thank you.
Treasurer’s Report
We are almost through the E-Commerce process. We are waiting for the okay
from the County Commissioners. This will allow residents to pay taxes online.
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 2 of 15
All Board of Review changes have been completed and are in the mail.
Clerk’s Report
The paperwork for the two Special Assessment District requests has been
completed and residents have been notified. Stuart is working on the resolutions
for those.
Will be sending the reimbursement request for the Senior Center Roof to Oakland
County. I have issued an invoice to the Village for their portion, which they have
paid.
Quarterly reports for SMART and Michigan Works have been completed.
We are expecting a new SMART vehicle within six weeks.
Continuing to work on the polling place grant.
The Risograph, which was broken and beyond repair, has been replaced with a
used Risograph machine.
The CDBG contract has been sent to Carlisle Wortman so that we can be
reimbursed for planning services.
The Senior Center will be doing dinner at BB&E the next two Fridays as a
fundraiser, so please attend to show your support.
The Clerk will be having surgery and is getting things settled before sick leave.
Supervisor’s Report
Thanked Mr. Normand for giving a tour of the new OTV Cable Station facility to
board members. Residents who would like a tour can stop by the OTV office on
Mill Street on Monday afternoons or Tuesday through Friday 9:00 a.m. to 1:00
p.m.
MDOT will be resurfacing M-15 between Wolfe and Ray roads next year.
We have just completed the second round of gravel road grading and chloride.
The next round should begin at the end of this month. We are contracted for 5
applications of chloride. There have been complaints of thin chloride. If citizens
have complaints about the roads, please contact the Supervisor’s office.
The gravel project has begun again this year and gravel will be put down on
Ramsey and Sherwood roads. They will be going on to Stanton, Wooley, Burrus,
the Lakepoint area roads and from there to the west side of M-15.
I have compiled a list of private human resource consultants to possibly issue an
RFP to for these services.
There will be a special meeting next Monday at 6:30 p.m. On the agenda will be
resolutions for the Upper Bushman and Legault Special Assessment Districts. We
will follow up with a budget workshop.
We will be holding another cleanup day on August 27, 2011, which will cost
$10.00. Please call the Supervisor’s office (248) 627-4918 to schedule an
appointment.
Mosquito repellant and larvicide is still available to residents at no charge at the
Supervisor’s office.
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 3 of 15
Correspondence
CDBG Trial Balance for June 2011
Village Council Meeting Minutes of June 13, 2011
Letter from MMRMA regarding the Ortonville Skate Park
SMART 3rd Quarter Specialized Services Report
Late Bloomer’s Newsletter for July/August
M-DOT Notification of Resurfacing Project on M-15
SMART Municipal Credit Quarterly Report
Oakland County Board of Commissioners Resolution – Misc 11097
Secretary of State Regarding ADA Compliance at Polling Places
MERS Quarterly Statement
Citizen’s Comments for Agenda Items only
None
Discussion
None
Consent Agenda
Motion by Beltramo, seconded by King, to approve the Consent Agenda as presented,
which included the following items:
Cable Budget Amendment
Township Minutes – Regular Meeting of July 5, 2011
Township Minutes – Special Meeting Minutes of July 18, 2011
Regular Bills in the amount of $28,558.50
Pre-pays in the amount of $356,822.89
Trustees’ Timesheets in the amount of $716.00
Roll Call: Ayes: DePalma, King, McCreery, Beltramo, Stowell, Thurman
Nays: None
Absent: Gault (with notice)
Motion approved 6/0.
Unfinished Business
None
New Business
A. Supervisor – Police Liaison Contract
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 4 of 15
Motion by McCreery, seconded by Beltramo, to approve the Intergovernmental
Agreement to Provide Police Liaison Officer for Brandon Schools beginning September
1, 2011 through June 30, 2012 as presented and to contract with OCSO for an additional
Patrol Investigator (no fill) during the corresponding time period.
Roll Call: Ayes: DePalma, King, McCreery, Beltramo, Stowell, Thurman
Nays: None
Absent: Gault
Motion approved 6/0.
B. Building Department – Medical Marihuana Moratorium Extension
PROCLAMATION/RESOLUTION/ORDINANCES
Consider a Resolution for the Extension of the Moratorium on Medical Marihuana Facilities, Permits,
Approvals, and Certificates for an Additional 180 Days.
Resolution
WHEREAS, on November 4, 2008, Michigan and Oakland County voters approved a state-wide
initiative legalizing the medical use of marihuana; and
WHEREAS, on December 4, 2008, Michigan’s Medical marihuana Act (“MMMA”); MCL
333.26421 et.seq, went into effect; and
WHEREAS, on April 4, 2009, the Michigan Department of Community Health promulgated rules to
implement the MMMA; and
WHEREAS, on March 21, 2011, the Charter Township of Brandon adopted a 180-day moratorium
on all land uses relating to the medical use of marihuana in the community and resolved that the Charter
Township of Brandon Planning Commission with assistance from the Planning Consultant, Building Official,
Township Attorney, Township Supervisor and the Oakland County Sheriff Department shall study, deliberate
and recommend to the Township Board whether, how and where medical marihuana land uses, activities,
businesses or facilities be permitted in the Township and under what conditions or circumstances.
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 5 of 15
WHEREAS, the township administration was anticipating additional information from the county
and state legislators that has not been forthcoming; and
WHEREAS, there still remains a great deal of uncertainty and different approaches among
municipalities as to whether and how to regulate the medical use of marihuana and related activities, businesses
and facilities; and
WHEREAS, the medical use of marihuana and related activities, businesses and facilities were not
specifically contemplated or provided for the Charter Township of Brandon Zoning Ordinance; and
WHEREAS, the Charter Township of Brandon desires to determine a reasoned, appropriate and
effective approach to the medical use of marihuana consistent with the MMMA and the Michigan zoning
Enabling Act in order to protect and promote the public health, safety, and welfare; and
WHEREAS, the Charter Township of Brandon desires to explore whether and how to best regulate
the medical use of marihuana and related activities, businesses and facilities, which will require thorough study
and possible amendment of the Charter Township of Brandon’s Zoning Ordinance and Master Land Use Plan
pertaining to land uses, zoning classifications and other requirements; and
WHEREAS, the Charter Township of Brandon Board believes that while this subject matter is under
consideration and study, no new or expanded uses, activities, businesses or facilities relating to medical use of
marihuana, and no zoning or building permits, approvals or certificates for such uses, activities, businesses or
facilities should be allowed, established, processed or permitted to proceed; and
WHEREAS, the Charter Township of Brandon Board concludes further that during the course of
review and consideration of possible zoning ordinance amendments, all application for zoning or building
permits, approvals, or certificates for uses, building, facilities or properties related to medical use of marihuana
should be deferred; and
WHEREAS, the process of exploring, developing and adopting an amendment to the zoning
ordinance and/or master land use plan for land uses relating to medical use of marihuana, including proceedings
and hearings before the Planning Commission and Charter Township of Brandon Board, may take up to an
additional 180 days.
THEREFORE, IT IS RESOLVED by the Charter Township of Brandon that:
1. The moratorium is hereby declared extended an additional 180 day period
effective immediately.
2. During this continued moratorium, there shall be no consideration or action by the Charter
Township of Brandon of any Brandon board, commission, official, employee and/or agent on any
proposal to establish a land use, activity, business or facility relating to the “medical use” (as defined
in MCL 333.26423(e) of marihuana in the Township accept, process or act on any application for a
zoning or building permit, approval or certificate for such a land use, activity, business or facility;
nor shall medical marihuana land uses, activities, businesses or facilities be permitted in the
Township.
3. The Charter Township of Brandon Planning Commission, with assistance from The Township’s
Planning consultant, Building Official, Township Attorney, and Township Supervisor and the
Oakland County Sheriff Department, will continue to study, deliberate and possibly recommend to
the Township Board whether, how and where medical marihuana land uses, activities, businesses or
facilities should be permissible in the Township and under what conditions or circumstances.
Motion to adopt by:_______________Seconded by: ________________ Ayes: ____ Nays:___ Absent: ___ __________________________________ __________________________________
Kathy Thurman B. Jean McCreery, CMC
Brandon Township Supervisor Brandon Township Clerk
I, B. Jean McCreery, CMC, duly elected Clerk of the Charter Township of Brandon, Oakland County, Michigan, do hereby certify that the foregoing is a true and correct copy of a resolution approved by a majority of the Brandon Township Board of
Trustees at a regular meeting held on the ___day of _____, 2010
B.Jean McCreery, CMC
Brandon Township Clerk
Motion by Stowell, seconded by Beltramo, to extend the medical marihuana
moratorium for a period of 180 days from September 21, 2011.
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 6 of 15
Roll Call: Ayes: King, McCreery, Beltramo, Stowell, DePalma,
Thurman
Nays: None
Absent: Gault
Motion approved 6/0.
C. Clerk – Foreclosed Brandon Township Properties
Motion by Beltramo, seconded by King, to politely decline purchase of
presented properties.
Roll Call: Ayes: McCreery, Beltramo, Stowell, DePalma, King,
Thurman
Nays: None
Absent: Gault
Motion approved 6/0.
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 7 of 15
D. Fire Department – Joint Operating Agreement
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 8 of 15
Motion by Stowell, seconded by McCreery, to adopt the Joint Operating
Agreement for the Brandon Fire Department between Brandon Township and the
Village of Ortonville as presented this evening.
Roll Call: Ayes: Beltramo, Stowell, DePalma, King, McCreery,
Thurman
Nays: None
Absent: Gault
Motion approved 6/0.
E. Building Department – Ordinance Amendment to Zoning Ordinances
Section 46-242 Second Reading.
Revisions to Accessory Building Ordinance.
Sec. 46-242. Accessory buildings and structures.
Revise section (1) d. 5. to read as follows:
5. The total area of all detached accessory buildings in
the RE district shall not exceed the total square footage of the living area of the
principle building or 1,200 square feet, whichever is greater. The square footage
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 9 of 15
of finished or unfinished basements shall not be considered when determining
accessory building area. The area of detached accessory buildings may be
increased by 400 square foot for each acre over 2.5 acres where additional
acreage is part of a single lot or parcel.
Motion by Stowell, seconded by McCreery, to approve the second reading and
adopt an Ordinance to amend the Accessory Building Ordinance of the Code of
Ordinances adopted August 2, 2010, by revising Article 1V General Regulations,
Section 46-242 (1) d.5. as presented to be titled Ordinance #137-11.
Roll Call: Ayes: Stowell, DePalma, King, McCreery, Beltramo, Thurman
Nays: None
Absent: Gault
Motion approved 6/0.
F. Building Department – Ordinance Amendment to Zoning Ordinances, Sec.
46-249, Second Reading.
Revision to Home Occupation Section 46-249 (2) m.
Revise section 46-249 (2) m to read as follows:
26-249 (2)
m. One business vehicle may be permitted at the dwelling. Business
vehicles larger than a pickup truck or domestic van meet the requirements of
sections 46-246 and 46-285, if eligible.
Motion by McCreery, seconded by Stowell to approve the second reading and
adopt an Ordinance to amend the Home Occupation Ordinance of the Code of
Ordinances adopted August 2, 2010, by revising Article IV General Regulations,
Section 46-249 (2) m as presented, to be titled Ordinance #131-11.
Roll Call: Ayes: DePalma, King, McCreery, Beltramo, Stowell,
Thurman
Nays: None
Absent: Gault
Motion approved 6/0
G. Building Department – Ordinance Amendment to Zoning Ordinances, Sec.
46 Appendix A, Second Reading.
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 10 of 15
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 11 of 15
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 12 of 15
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 13 of 15
Motion by Beltramo, seconded by McCreery to approve the first reading of an
Ordinance amending the Zoning Ordinance of Appendix A Figures presented.
Roll Call: Ayes: DePalma, King, McCreery, Beltramo, Stowell,
Thurman
Nays: None
Absent: Gault
Motion approved 6/0
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 14 of 15
H. SMART Vehicle Contract
Motion by Stowell, seconded by Beltramo to approve Specialized Services
Vehicle Agreement as presented.
Roll Call: Ayes: King, McCreery, Beltramo, Stowell, DePalma,
Thurman
Nays: None
Absent: Gault
Motion approved 6/0
Citizen’s Comments
None
Charter Township of Brandon
Regular Board Meeting Minutes
August 1, 2011 - 7:30 p.m.
Page 15 of 15
Motion by McCreery, seconded by Beltramo, to adjourn the meeting at 8:35 p.m.
Respectfully Submitted,
___________________________ ___________________________
B. Jean McCreery, CMC Kathy Thurman
Brandon Township Clerk Brandon Township Supervisor
BJM/dlb
I, B. Jean McCreery, CMC, Clerk of the Charter Township of Brandon, certify that the foregoing is a true
copy of the minutes of the Regular Meeting and of the motions made at the Brandon Township Meeting
Board of Trustees on August 1, 2011.
B. Jean McCreery, CMC
Brandon Township Clerk