HomeMy WebLinkAboutInterlocal Agreements - 2014.12.12 - 6526
CHARTER TOWNSHIP OF COMMERCE
REGULAR BOARD OF TRUSTEES MEETING
Tuesday, November 12, 2013
2009 Township Drive
Commerce Township, Michigan 48390
CALL TO ORDER: Thomas K. Zoner, Supervisor, called the meeting to order at 7:00
p.m. and introduced the members of the Board.
PLEDGE OF ALLEGIANCE TO FLAG
ROLL CALL: Present: Thomas K. Zoner, Supervisor Vanessa Magner, Clerk
Susan Gross, Treasurer
Robert Berkheiser, Trustee
David Law, Trustee Robert Long, Trustee
Rick Sovel, Trustee
Also Present:Phillip Adkison, Township Attorney
Loren Crandell, Giffels-Webster Engineers Jason Mayer, Giffels-Webster Engineers
Hans Rentrop, Township Attorney
APPROVAL OF MINUTES
MOTION by Magner, supported by Sovel, to approve the Regular Township Board
Meeting minutes of October 8, 2013 and the Quarterly Joint Meeting minutes of October
22, 2013 as submitted. MOTION CARRIED UNANIMOUSLY
PRESENTATIONS:
A. Layton & Richardson 2012 Commerce Township Audit
Shannon Rodriguez was present to review the Township audit with the Board.
B. Giffels Webster - Water Storage Facility
Jason Mayer, Giffels Webster Engineers advised the Board that he has been working
with Phillip Adkison and the hospital over the past several months on the purchase of a
90’ x 300’ piece of land to the south of the Fire Station to use for a water storage facility.
The hospital requested several pieces of information, such as the proposed architecture of the facility and the landscape plan for the area. Based on the information that was
Page 2 of 8 Tuesday, November 12, 2013 Regular Township Board Meeting
PRESENTATIONS: Giffels Webster - Water Storage Facility (continued) provided, the hospital asked us to forward them a detailed Purchase Agreement. The Purchase Agreement and all associated documents were forwarded by Phillip Adkison
to the hospital attorney for review on October 23, 2013. We are currently awaiting their
response.
Giffels Webster Engineers will hold a Public Hearing on Tuesday November 26, 2013 at 7pm to present a ground storage facility behind the Fire Station.
At the December 2013 Board Meeting, the results of the Public Hearing will be
presented along with a request for approval to move forward with the engineering design for this site.
PETITIONS:
None
ITEM 1:11-12 APPROVAL OF AGENDA
MOTION by Gross, supported by Magner, to approve the Agenda.
MOTION CARRIED UNANIMOUSLY
ITEM 2:11-12 PUBLIC COMMENTS Susan Averbuch, 9005 Campbell Creek Drive is in support of the S.A.D. to increase
revenue for the Police and Fire Departments. She stated residents seem to have a
problem passing millages.
Jeffrey Hansche 9555 Commerce Road stated the former supervisor, Robert Long, said that residents would never be taxed without their vote. He objects to the Township
proposing to increase fire and police millages.
Juilan Yakimowich questioned the cost of $28,000.00 to demolish one house located on Welch Road; property owned by the D.D.A. If this cost is correct, it should have only cost between $8-10,000.00.
Steve Oaks does not understand how the Township could have progressive millages.
Property values have gone down and taxes keep going up because of millages. The millages should not be placed on non election days because most residents do not show up to vote.
Andy Sarkisian 3398 Tiquewood Circle stated that S.A.D.’s are not tax deductible but
police and fire millages are. Supervisor Zoner discussed residents concerns noted above.
Sovel explained why the Township chose to have a S.A.D. for the Police and Fire
Departments. He stated the Township Board works very hard to keep the taxes down and is still operating on 1.41 mills; the same as when Mr. Long was the supervisor.
Page 3 of 8 Tuesday, November 12, 2013 Regular Township Board Meeting
ITEM 3:11-12 PUBLIC HEARING FOR POLICE PROTECTION ASSESSMENT Supervisor Zoner opened the Public Hearing.
Phillip Adkison read the ballot language.
Letters of opposition were received and read into the record from the following:
Herman Bishop as the guardian and power of attorney for Gladys Rose at 3104
Southwind Drive, Commerce Township, M I 48390
Carol Kruckenberg at 2174 White Pine, Commerce Township, MI 48393
Roseanne Attard at 321 Creedmore St. opposes for the following Tax ID#’s:
E-17-10-428-009, E-17-10-428-008, E-17-10-428-007, E-17-10-432-014, E-17-10-477-
032, E-17-10-428-037, E-17-10-428-034 Supervisor Zoner closed the Public Hearing.
ITEM 4:11-12 RESOLUTION FOR POLICE PROTECTION SPECIAL ASSESSMENT
MOTION by Gross, supported by Magner, to approve the Township Police Protection Special Assessment District Resolution Confirming 2014 Special Assessment Roll.
ROLL CALL VOTE
AYES: Gross, Magner, Long, Sovel, Berkheiser, Law, Zoner NAYS: MOTION CARRIED UNANIMOUSLY
ITEM 5:11-12 PUBLIC HEARING FOR FIRE PROTECTION SPECIAL ASSESSMENT Supervisor Zoner opened the Public Hearing.
Opposed: Andy Sarkisian 3398 Tiquewood Circle does not want to see taxes increased.
Letters of opposition were received and read into the record from the following: Herman Bishop as the guardian and power of attorney for Gladys Rose at 3104
Southwind Drive, Commerce Township, MI 48390
Carol Kruckenberg at 2174 White Pine, Commerce Township, MI 48393 Roseanne Attard at 321 Creedmore St. opposes for the following Tax ID #’s:
E-17-10-428-009, E-17-10-428-008, E-17-10-428-007, E-17-10-432-014, E-17-10-477-
032, E-17-10-428-037, E-17-10-428-034
Supervisor Zoner closed the Public Hearing.
Page 4 of 8 Tuesday, November 12, 2013 Regular Township Board Meeting
ITEM 6:11-12 RESOLUTION FOR FIRE PROTECTION SPECIAL ASSESSMENT
MOTION by Sovel, supported by Magner, to approve the Township Fire Protection
Special Assessment District Resolution Confirming 2014 Special Assessment Roll. ROLL CALL VOTE
AYES: Sovel, Magner Gross, Berkheiser, Long, Law, Zoner
NAYS:
MOTION CARRIED UNANIMOUSLY
ITEM 7:11-12 PUBLIC HEARING FOR 2013 MILLAGE RATES
Supervisor Zoner opened the Public Hearing.
No one present had any comments,
Supervisor Zoner closed the Public Hearing.
ITEM 8:11-12 APPROVAL OF 2013 MILLAGE RATES
MOTION by Sovel, supported by Berkheiser, to approve the following:
A. The Charter Township of Commerce Resolution of Levy of Operating Millage for the 2013 Tax Year. B. The Charter Township of Commerce Resolution of Levy of Library Millage for the
2013 Tax Year.
C. The Charter Township of Commerce Resolution of Levy for Public Library
Service Millage for the 2013 Tax Year. D. Charter Township of Commerce Resolution of Levy for Additional Police Service Millage for the 2013 Tax Year.
E. Charter Township of Commerce Resolution of Levy for Additional Sheriff
Deputies Millage for the 2013 Tax Year.
F. Charter Township of Commerce Resolution of Levy for Park Improvements and Creation and Acquisition of Open Space Millage for 2013 Tax Year.
ROLL CALL VOTE
AYES: Sovel, Berkheiser, Magner, Gross, Long, Law, Zoner
NAYS: MOTION CARRIED UNANIMOUSLY
Page 5 of 8 Tuesday, November 12, 2013 Regular Township Board Meeting
ITEM 9:11-12 APPROVAL OF SPECIAL ASSESSMENTS TO BE COLLECTED ON 2013 TAX ROLL
MOTION by Gross, supported by Magner, to approve Special Assessments to be
collected on the 2013 Tax Roll.
ROLL CALL VOTE AYES: Gross, Magner, Berkheiser, Long, Sovel, Law, Zoner
NAYS:
MOTION CARRIED UNANIMOUSLY
ITEM 10:11-12 PROPOSED 2014 DDA BUDGET
MOTION by Gross, supported by Zoner, to approve the Proposed 2014 D.D.A. Budget.
ROLL CALL VOTE AYES: Gross, Zoner, Law, Magner
NAYS: Sovel, Long, Berkheiser
MOTION CARRIED
ITEM 11:11-12 PUBLIC HEARING FOR 2014 TOWNSHIP BUDGET
Supervisor Zoner opened the Public Hearing.
Julian Yakimowich– Asked if the revenue received from the recent sell of prime D.D.A. property will be dedicated to pay down the D.D.A. debt. Supervisor Zoner said the property is not sold yet, but when it is the revenue will be dedicated to pay down the
D.D.A. debt.
Supervisor Zoner closed the Public Hearing.
ITEM 12:11-12 APPROVAL OF 2014 TOWNSHIP BUDGET
MOTION by Berkheiser, supported by Sovel, to approve the 2014 Charter Township of Commerce Budget with the removal of the Oakland County Sheriff’s Department and Township Library budget.
ROLL CALL VOTE
AYES: Berkheiser, Sovel, Magner, Gross, Long, Law, Zoner NAYS: MOTION CARRIED UNANIMOUSLY
Library - Berkheiser would like to see a finalized plan submitted by the library before a
Library Specialist is approved in the budget.
Page 6 of 8 Tuesday, November 12, 2013 Regular Township Board Meeting
MOTION by Berkheiser, supported by Sovel, to approve the Township Library 2014 Budget with the removal of one Library Specialist and equipment, as requested by the library. MOTION CARRIED
Magner voted No
Berkheiser – would like to remove from the 2014 Charter Township of Commerce Budget one Sargent and one Patrol Investigator, and replace with two new patrol deputies. This could be revisited if the school district would agree to pay for one police
officer.
MOTION by Berkheiser, supported by Long, to approve the Oakland County Sheriff’s Department 2014 Budget with only two (2) Deputy II positions until the school district agrees to pay for one officer.
ROLL CALL VOTE
AYES: Berkheiser, Long, Law, Magner NAYS: Sovel, Gross, Zoner MOTION CARRIED
ITEM 13:11-12 BOARD APPOINTMENTS None
ITEM 14:11-12 CONTRACT AWARDS AND AGREEMENTS
None
ITEM 15:11-12 INTRODUCTION
A. Definitions of “motor vehicle” & “store” – Text Amendment
Kathleen Jackson, gave a review. MOTION by Zoner, supported by Gross, to Introduce Text Amendment Introduction -
PZ13-0003, post and publish according to law and bring back to the Township Board for
Adoption. MOTION CARRIED
Berkheiser voted No B. An Ordinance to Amend Ordinance No. 2.007 to be known as the Charter
Township of Commerce Fee Ordinance No. 2.008
MOTION by Gross, supported by Law, to Introduce the Charter Township of Commerce an Ordinance to Amend Ordinance No. 2.007 to be known as the Charter Township of Commerce Fee Ordinance No. 2.008, post and publish according to law and bring back
to the Township Board for Adoption. MOTION CARRIED UNANIMOUSLY
ITEM 16:11-12 ADOPTIONS None
Page 7 of 8 Tuesday, November 12, 2013 Regular Township Board Meeting
ITEM 17:11-12 SITE CONDOMINIUMS AND PLATS None
ITEM 18:11-12 CONSENT AGENDA None
ITEM 19:11-12 PURCHASES
None
ITEM 20:11-12 OLD BUSINESS
None
ITEM 21:11-12 NEW BUSINESS
A. Resolution for S.A.W. Grant Application
Jason Mayer, Giffels Webster Engineers gave a review.
MOTION by Magner, supported by Gross, to approve the Resolution Authorizing the S.A.W. Grant Application. MOTION CARRIED UNANIMOUSLY
ITEM 22:11-12 ORDERS MOTION by Gross, supported by Magner, to approve the orders and additions.
MOTION CARRIED UNANIMOUSLY
ITEM 24:11-12 CLOSED SESSION – Union Negotiations (taken out of order)
MOTION by Sovel, supported by Magner, to enter into Closed Session for the purpose
of discussing Union Negotiations.
ROLL CALL VOTE AYES: Sovel, Magner, Gross, Berkheiser, Long, Law, Zoner
NAYS:
MOTION CARRIED UNANIMOUSLY
Entered into Closed Session: 9:24 pm Returned from Closed Session: 10:20 pm
MOTION by Sovel, supported by Gross, to adjourn from Closed Session and approve
the minutes. MOTION CARRIED UNANIMOUSLY
Page 8 of 8 Tuesday, November 12, 2013 Regular Township Board Meeting
ITEM 23:11-12 OTHER MATTERS Rob Long mentioned he would like to see the Library staff improve their customer
service.
Rick Sovel asked if a quorum of board members were going to be attending the November 26, 2013 Public Hearing for the water storage facility.
Zoner responded back there would not be a quorum at this public hearing.
Magner informed the board the cemetery restoration is complete. David Carter will do a presentation for the board within the next couple months.
Berkheiser said the Parks and Recreation committee is looking into “No Smoking” signs
for the parks.
ITEM 25:11-12 ADJOURNMENT
As there were no other matters to come before the Board.
MOTION by Magner, supported by Sovel, to approve Closed Session minutes and adjourn at 10:30p.m. MOTION CARRIED UNANIMOUSLY
_____________________________
Vanessa Magner, Clerk
Charter Township of Commerce
Memorandum
To: Pat Davis, Oakland County Corporation Counsel
CC: Deanna Fett-Hylla, Oakland County Corporation Counsel
From: Ida Herron – Clerk/Register of Deeds – Elections Division
Date: 1/15/2014
Re: MR #13321
Enclosed is a copy of Miscellaneous Resolution #13321 – Sheriff’s Office – Contract Amendment #1 for Law Enforcement Services in the Charter Township of Commerce 2013-
2015. They have been sent to the Office of the Great Seal.
If you have any questions, please call 248-858-9454.
January 15, 2014
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 December 12, 2013, the Board of Commissioners for Oakland County entered into an agreement per MR #13321 – Sheriff’s Office – Contract Amendment #1 for Law Enforcement Services in the Charter Township of Commerce 2013-2015.
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 Charter Township of Commerce 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 Deanna Fett-Hylla, Corporation Counsel, Oakland County
Vanessa Magner, Clerk, Charter Township of Commerce Dale Cunningham, Business Manager, Oakland County Sheriff’s Department
Enclosures
Memorandum
To: Vanessa Magner, Clerk, Charter Township of Commerce
CC:
From: Ida Herron – Oakland County Clerk/Register of Deeds – Elections Division
Date: 1/15/2014
Re: MR #13321
On December 12, 2013 the Oakland County Board of Commissioners adopted Resolution #13321 – Sheriff’s Office – Contract Amendment #1 for Law Enforcement Services in the Charter Township of Commerce 2013-2015. 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 248-858-9454.