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HomeMy WebLinkAboutInterlocal Agreements - 2013.03.21 - 64271 December 17, 2012 BIRMINGHAM CITY COMMISSION MINUTES DECEMBER 17, 2012 MUNICIPAL BUILDING, 151 MARTIN 7:30 P.M. I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE George Dilgard, Mayor, called the meeting to order at 7:33 PM and held a moment of silence for the children and families of Sandy Hook Elementary in Connecticut. II. ROLL CALL ROLL CALL: Present, Mayor Dilgard Commissioner Hoff Commissioner McDaniel Mayor Pro Tem Moore Commissioner Nickita Commissioner Rinschler Commissioner Sherman Absent, None Administration: City Manager Bruner, Attorney Currier, Clerk Broski, Assistant City Manager Valentine, Police Chief Studt, Deputy Police Chief Clemence, City Engineer O’Meara, Assistant to the Manager Wuerth, Deputy Clerk Arft III. PROCLAMATIONS, CONGRATULATORY RESOLUTIONS, AWARDS, APPOINTMENTS, RESIGNATIONS AND CONFIRMATIONS, ADMINISTRATION OF OATHS, INTRODUCTION OF GUESTS AND ANNOUNCEMENTS. 12-351-12 INTRODUCTION OF GUEST Dr. Nerad, Superintendent, Birmingham Public Schools, introduced himself and discussed community support of the schools. 12-352-12 APPOINTMENT TO THE TRAFFIC AND SAFETY BOARD MOTION: Motion by Moore: To appoint Malcolm Hendy, 2336 Northlawn to the Traffic and Safety Board to complete a three-year term to expire July 1, 2014. VOTE: Yeas, 7 Absent, None The Clerk administered the oath to the appointed board member. 12-353-12 APPOINTMENT OF DEPUTY CITY CLERK MOTION: Motion by Hoff, seconded by Sherman: To concur in the City Clerk’s recommendation to appoint Cheryl Arft to the position of Deputy City Clerk for the City of Birmingham. 2 December 17, 2012 VOTE: Yeas, 7 Nays, None Absent, None The Clerk administered the oath to the Deputy Clerk. IV. CONSENT AGENDA All items listed on the consent agenda are considered to be routine and will be enacted by one motion and approved by a roll call vote. There will be no separate discussion of the items unless a commissioner or citizen so requests, in which event the item will be removed from the general order of business and considered under the last item of new business. 12-354-12 APPROVAL OF CONSENT AGENDA The following item was removed from the consent agenda: • Item G (Residential Parking Permit Zone) by Commissioners Hoff and McDaniel MOTION: Motion by Rinschler, seconded by Nickita: To approve the consent agenda as follows: A. Approval of City Commission minutes of December 3, 2012. B. Approval of warrant list, including Automated Clearing House payments, of December 5, 2012 in the amount of $474,323.96. C. Approval of warrant list, including Automated Clearing House payments, of December 12, 2012 in the amount of $560,243.22. D. Resolution approving the Interlocal Agreement between Oakland County and the City of Birmingham for Narcotics Enforcement Team and authorizing the Mayor and City Clerk to execute the agreement. E. Resolution approving the purchase of a Pitney Bowes Connect + 2000 WOW Model Digital Mailing System for a cost not to exceed $11,582.00 and further, amending the 2012-2013 General Fund Budget appropriating $11,582.00 as follows: General Fund: Expenditures Contingency Account #101-966.000-963.0100 ($11,582.00) Clerk-Machinery and Equipment $11,582.00 Account #101-215.000-971.0100 Total Expenditures $ 0 F. Resolution approving the installation of Break Away – Form #3 by Daniel LaRue Johnson on the City-owned property near the northeast corner of Eton Rd. and Lincoln Rd. H. Resolution accepting the proposal from James Mouch Jr. & Sons Excavating, Inc. be hired to repair the backyard sewer in Pine St., between Suffield Ave. and Pilgrim Ave., at an estimated cost of $7,800. The cost of this work will be charged to the Sewer Fund, Other Contractual Services, account number 590-536.001-811.0000. I. WHEREAS, Watershed Alliance legislation passed the Michigan House of Representatives and the Michigan Senate and was signed into law by the Governor on January 3, 2005, as Act No. 517, Public Acts of 2004, based upon a draft provided and supported by the Rouge River watershed communities; and WHEREAS, the formation of the Alliance of Rouge Communities under this new state law provided the public agencies within the watershed the authority to directly seek grants, enter into contracts, and manage its own resources that have been provided in the past by and through Wayne County with federal funds as part of the Rouge River National Wet Weather Demonstration; and 3 December 17, 2012 WHEREAS, at its meeting on November 7, 2012, the Alliance of Rouge Communities completed the revised Alliance of Rouge Communities bylaws, and recommended adoption by the appropriate governing bodies of those public agencies within the Rouge River watershed eligible for membership. THEREFORE BE IT RESOLVED, that the City of Birmingham, an ARC member community in good standing, formally adopts the amended bylaws for the Alliance of Rouge Communities. FURTHER BE IT RESOLVED, that consistent with the terms of the Alliance of Rouge Communities bylaws, the Birmingham City Commission formally appoints Paul O’Meara, City Engineer, as its designated representative to the Alliance of Rouge Communities, Laura Gruzwalski, of Hubbell, Roth, & Clark, as the alternate representative, and authorizes the City Manager to designate additional persons to represent the City of Birmingham if needed, as an alternate to assure voting representation on the Alliance of Rouge Communities. FINALLY, BE IT RESOLVED that the City of Birmingham’s continuing membership will be evidenced by payment of its voluntary assessment on an annual basis to the Alliance of Rouge Communities. ROLL CALL VOTE: Yeas, Commissioner Hoff Commissioner McDaniel Mayor Pro Tem Moore Commissioner Nickita Commissioner Rinschler Commissioner Sherman Mayor Dilgard Nays, None Absent, None Abstentions, None V. UNFINISHED BUSINESS VI. NEW BUSINESS 12-355-12 OLD WOODWARD AVE. CONCEPTUAL DESIGN AD HOC COMMITTEE RECOMMENDATION Mr. O’Meara explained that the recommendation includes an option with a designated left turn lane and an option with no a designated left turn lane at the intersections. Mr. Bruner stated the next step is to prepare the application and hire a consultant to start the detailed design process. MOTION: Motion by Moore, seconded by Rinschler: To approve the recommendation of the Old Woodward Ave. Conceptual Design Ad Hoc Committee, endorsing Option 2A or Option 2A Revised as the preferred design for the purposes of applying for federal funding. Further, to authorize Wilcox & Associates to complete the applications and submittal to the Oakland Co. Federal Aid Committee, at a cost of $3,000, charged to account number 202-449.007-804.0100. Commissioner Hoff suggested the businesses have an opportunity to voice their opinion. 4 December 17, 2012 Mr. O’Meara confirmed for Commissioner McDaniel that the project will include a complete rebuild of the water and sewer lines. VOTE: Yeas, 7 Nays, None Absent, None 12-356-12 GREENWOOD CEMETERY PROCEDURES AND FEES Mr. Wuerth explained the proposed amendments include allowing for additional rights of burial for cremations and updating the fees to bring them up to industry standards. Mr. Bruner clarified that the additional rights of burial is on a plot that is already owned. Mr. Currier explained that a will or trust would be required. Ms. Conrad questioned the $750.00 fee for the additional rights of burial. Mr. Wuerth explained the fee is to fund a trust for the maintenance of the cemetery. MOTION: Motion by Rinschler, seconded by Sherman: To amend the Greenwood Cemetery Operational Procedures, Conditions and Regulations to permit the placement of no more than two (2) cremated remains in the same space as an internment of casketed remains if the owner of the grave space or the owner’s heirs purchase the rights to such inurnments. -and- To amend the Schedule of Fees, Charges, Bonds and Insurance, Greenwood Cemetery to provide for the sale of additional Rights of Burial for cremated remains. -and- To amend the Schedule of Fees, Charges, Bonds and Insurance, Greenwood Cemetery to cover the current costs associated with services provided and to reflect current market rates. VOTE: Yeas, 7 Nays, None Absent, None 12-357-12 CEMETERY MANAGEMENT CONSULTANT AGREEMENT MOTION: Motion by Sherman, seconded by Rinschler: To approve Amendment #1 to the August 6, 2012 Cemetery Management Consultant Agreement between the City of Birmingham and L.F. Sloane Consulting Group, Inc. in an amount not to exceed one-thousand dollars ($1,000.00). Further, to authorize the Mayor and City Clerk to sign the agreement on behalf of the City. Mr. Wuerth explained that the consultant would manage the day-to-day cemetery operations as well as the long term projects such as eliminating the roadway and completing the reclamation. He confirmed for Commissioner Hoff that lawn care and labor will be reviewed as part of the Request for Proposal. In response to a question from Commissioner Hoff regarding revenue, Mr. Wuerth explained that a portion of the revenue will go to the management company and a portion will go back to the City. He stated the goal is to create a long term trust for the maintenance of the cemetery. 5 December 17, 2012 Mr. Bruner noted that any revenue generated would go back into the cemetery. VOTE: Yeas, 7 Nays, None Absent, None 12-358-12 WOODWARD GRAN FONDO EVENT WOODWARD AVENUE ACTION ASSOCIATION Commissioner Nickita disclosed that his company is doing work with the Woodward Avenue Action Association and recused himself. Commissioner Nickita left room. Mr. Bruner explained that the Woodward Avenue Action Association (WA3) has been pursuing the idea of hosting a bicycle event to raise funds in local communities to implement beautification projects along Woodward. The WA3 is asking member communities to adopt resolutions to support the event. He noted that a local event permit is needed as the event will be held on MDOT property. Commissioner Hoff pointed out that the event is a bike ride utilizing two lanes of Woodward, while cars are in the other two lanes. She questioned if there has been communication with the businesses along Woodward. Heather Carmona, WA3 Director, explained the event concept is to bring in two hundred bicyclists to race on Woodward, utilizing a rolling blockade, then open Woodward to the public to allow for a community ride. She stated the community riders would be obligated to adhere to the rules of the road as Woodward would not be shut down. Ms. Carmona noted that MDOT requires a buffer lane - the far right lane would be used for bikes and the next lane would be the buffer lane. In response to a question from Commissioner McDaniel, Ms. Carmona explained that by only having a race, there is not a large benefit to the event sponsors. The idea is to have a presence all day with the community ride. Chief Studt stated that there would not be an issue with controlling the rolling stops for the race nor with the recreational riders in Birmingham. Ms. Carmona confirmed for Commissioner Rinschler that the City would be reimbursed for expenses through the sponsorship funds. MOTION: Motion by Rinschler, seconded by Moore: To endorse and support the Woodward Gran Fondo as a major signature event for Woodward: WHEREAS, the Woodward Avenue Action Association (WA3) Board of Directors identified the Woodward Gran Fondo and formed an Advisory committee to investigate the feasibility of conducting a signature Woodward event to extend Woodward’s entire 27 miles that would directly invest proceeds back into Woodward Avenue communities; and WHEREAS, to-date the Woodward Avenue Action Association has been successful in obtaining close to $7 million for improvements and continues to seek and obtain Federal funds for Woodward improvements which require local ‘matching’ funding; and 6 December 17, 2012 WHEREAS, Woodward municipalities are financially strapped and often cannot provide the local match on major improvements; and WHEREAS, the Woodward Gran Fondo would to provide an ongoing, annual, sustainable source of funding for Woodward improvements; and WHEREAS, bicycling and non-motorized forms of transportation are gaining in popularity throughout metro-Detroit and the Woodward corridor as evidenced by participation in ‘critical mass’ rides, the annual Tour deTroit event and local bike festivals; and WHEREAS, many Woodward communities are integrating cycling and non-motorized improvements as part of their planning, economic development, quality of life and ‘place-making’ efforts; and WHEREAS, Governor Synder and Travel Michigan have indicated support for events like the Woodward Gran Fondo that uniquely position the State’s assets, attract visitors, support job creation and business investment and are seen as tourism generators throughout the State providing direct impact back to communities and businesses along the corridor; and WHEREAS, the economic impact of cycling and associated benefit to communities is growing as evidenced by the increase in cycling-related businesses in metro-Detroit; and WHEREAS, the Gran Fondo will be inclusive in nature, providing a relatively low level of financial participation encouraging participation from all of Woodward’s diverse audiences; and WHEREAS, the WA3 has embarked on a Complete Streets Master Plan process that includes every Woodward community, where proceeds from the Woodward Gran Fondo would support implementation of this plan, physical improvements and beautification along the corridor; and WHEREAS, the WA3 recognizes the costs and concerns associated with such an event and has established a budget and work plan to mitigate and ensure all costs and associated liabilities will be addressed; and WHEREAS, the Michigan Department of Transportation (MDOT) has endorsed the event and has set forth an operations plan and guidelines to ensure that Woodward maintains an adequate and safe level of service that day; and NOW, THEREFORE, IT IS RESOLVED that the City Commission of the City of Birmingham endorses and supports the Woodward Gran Fondo as a major signature event for Woodward. Ms. Carmona confirmed for Mayor Dilgard that the event will be held June 30th. VOTE: Yeas, 5 Nays, 1 (Hoff) Absent, 1 (Nickita) Commissioner Nickita returned at 9:03 PM. 12-359-12 CLOSED SESSION REQUEST PERSONNEL EVALUATION The Commission agreed to meet in closed session to consider a personnel evaluation as requested by the City Manager pursuant to Section 8(a) of the Open Meetings Act (Act 267 of 1976). 7 December 17, 2012 VII. REMOVED FROM CONSENT AGENDA 12-360-12 RESIDENTIAL PARKING PERMIT ZONE Commissioner Hoff noted that residential parking permit zones are usually requested by a petition signed by the residents. She suggested the residents be given the opportunity to comment. Deputy Chief Clemence explained that a petition was received for Brown and Stanley. After review of the area, it was determined the parking issue would most likely move to Watkins which is the reason it was included in the recommendation. MOTION: Motion by Hoff, seconded by Rinschler: To approve a Residential Parking Permit Zone on: 1. Brown Street between Watkins and Stanley on both sides of the street, 2. Stanley between Brown and Frank on the west side of the street, 3. Watkins between Brown and Frank on the east side of the street, as recommended by the Traffic and Safety Board. VOTE: Yeas, 7 Nays, None Absent, None VIII. COMMUNICATIONS IX. OPEN TO THE PUBLIC FOR MATTERS NOT ON THE AGENDA 12-361-12 OPEN TO THE PUBLIC FOR MATTERS NOT ON THE AGENDA Aaron Duluski, resident from Troy, suggested the skate park allow BMX bikes one or two days a week. Commissioner Moore suggested he contact the City Manager to discuss further. It was also suggested he present his idea to the Parks and Recreation Board. X. REPORTS 12-362-12 ADVISORY BOARDS, COMMITTEES, COMMISSIONS’ REPORTS AND AGENDAS The Commission received the Joint Senior Services Committee Meeting Minutes of October 25, 2012. Margaret Betts suggested the lighting be improved at the crosswalks. The Commission recessed to closed session at 9:15 PM. The Commission reconvened at 9:30 PM. XI. ADJOURN The Mayor adjourned the meeting at 9:30 PM. Laura M. Broski City Clerk April 1, 2013 Michigan Department of State Office of the Great Seal 108 South Washington Square, Suite 1 Lansing, MI 48918 Dear Office of the Great Seal: On March 21, 2013, the Board of Commissioners for Oakland County entered into an agreement per MR #13050 Sheriff’s Office – Narcotics Enforcement Team (Net) Interlocal Agreement with the City of Birmingham. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the City of Birmingham and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #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 Dale Cunningham, Business Manager, Oakland County Sheriff’s Office George Dilgard, Mayor, City of Birmingham Enclosures Memorandum To: Pat Davis, Oakland County Corporation Counsel CC: From: Devin Strom – Clerk/Register of Deeds – Elections Division Date: 4/1/2013 Re: MR #13050 Enclosed is a copy of the Oakland County Narcotic Enforcement Team Between Oakland County and City of Birmingham. They have been sent to the Office of the Great Seal. If you have any questions, please call 248-858-5823. Memorandum To: George Dilgard, Mayor, City of Birmingham CC: From: Devin Strom – Oakland County Clerk/Register of Deeds – Elections Division Date: 4/1/2013 Re: MR #13050 On March 21, 2013 the Oakland County Board of Commissioners adopted Resolution #13050 Sheriff’s Office – Narcotics Enforcement Team (Net) Interlocal Agreement with the City of Birmingham. A copy of the agreement is enclosed. They have been filed with the Office of the Great Seal. If you have any questions, please call 248-858-5823.