HomeMy WebLinkAboutInterlocal Agreements - 2015.02.18 - 6700Memorandum
To: Pat Davis, Oakland County Corporation Counsel
CC: Deanna Fett-Hylla, Corporation Counsel, Oakland County
From: Ida Herron – Clerk/Register of Deeds – Elections Division
Date: 4/7/2015
Re: MR #15013
Enclosed is a copy of the Oakland County Sheriff’s Office 2013-2015 Law Enforcement Services Agreement with Charter Township of Independence. They have been sent to the
Office of the Great Seal.
If you have any questions, please call 248-858-9454.
April 6, 2015
Michigan Department of State
Office of the Great Seal Richard H. Austin Building, 1st Floor
430 W. Allegan Lansing, MI 48918
Dear Office of the Great Seal:
February 18, 2015, the Board of Commissioners for Oakland County entered into an agreement per MR #15013 – Sheriff’s Office – Contract Amendment #2 for Law Enforcement Services in the Charter Township of Independence 2013-2015.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed Contract with Oakland County
and Charter Township of Independence and the authorizing Board of Commissioners Resolution are enclosed for filing by your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph J. 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 Dale Cunningham, Business Manager, Oakland County Sheriff’s Department
Patrick J. Kittle, Supervisor, Charter Township of Independence Enclosures
Memorandum
To: Patrick J. Kittle, Charter Township of Independence, Supervisor
CC:
From: Ida Herron – Oakland County Clerk/Register of Deeds – Elections Division
Date: 4/6/2015
Re: MR #15013
On February 18, 2015 the Oakland County Board of Commissioners adopted Resolution #15013 – Sheriff’s Office – Contract Amendment #2 for Law Enforcement Services in the Charter Township of Independence 2013-2015. A copy of the contract is enclosed. They
have been filed with the Office of the Great Seal. If you have any questions, please call 248-858-9454.
Regular Meeting
Charter Township of Independence
Township Board Minutes – FINAL
March 3, 2015
Page 1 of 8
REGULAR MEETING
CHARTER TOWNSHIP OF INDEPENDENCE
TOWNSHIP BOARD MINUTES
March 3, 2015
A. CALL TO ORDER:
Supervisor Kittle called the meeting to order at 7:00 p.m. at the Independence Township Hall, 6483 Waldon
Center Drive, Clarkston, Michigan.
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
C. ROLL CALL:
Present: Patrick J. Kittle, Supervisor
Barbara A. Pallotta, Clerk
Paul A. Brown, Treasurer
Jose Aliaga, Trustee
David A. Lohmeier, Trustee
Ronald A. Ritchie, Trustee
Andrea K. Schroeder, Trustee
Absent: None
Others Present: Ken Elwert, Parks, Recreation & Seniors Director
Linda Richardson, DPW Director
Lt. Dirk Feneley, Oakland County Sheriff’s Department
Mitch Petterson, Interim Fire Chief
Randal Ford, Hubbell, Roth & Clark, Inc.
Todd Sneathen, Hubbell, Roth & Clark, Inc.
There was a quorum present.
D. APPROVAL OF AGENDA:
Motion #2015-03-049: Clerk Pallotta moved to APPROVE the March 3, 2015 Regular Meeting Agenda as
amended by reversing the order of Regular Business Items 4. Request to Approve Budget Amendment –
SAW Grant Asset Management Plan and 5. Request to Accept Proposal for Engineering Services – SAW
Grant Asset Management Plan Seconded by Trustee Ritchie. VOTE: Yes: All-7; No: None; Absent: None.
Motion CARRIED 7 to 0.
E. CLOSED SESSION: None Scheduled
F. BOARD / PUBLIC ANNOUNCEMENTS:
Trustee Schroeder announced that the event, Denim and Diamonds, will be held Saturday, March 7, 2015
which is a fundraising event for the Optimist Club.
G. PUBLIC COMMENT: None.
H. PUBLIC HEARING: None Scheduled
I. PRESENTATIONS AND REPORTS:
1. Report: Planning Commission Update (Ronald Ritchie, Planning Commission Board of Trustee Liaison)
Regular Meeting
Charter Township of Independence
Township Board Minutes – FINAL
March 3, 2015
Page 2 of 8
Trustee Ritchie reported that the following items took place at the February 12, 2015 Planning Commission
meeting:
Election of Planning Commission officers for 2015: Sam Moraco was reappointed Chairman; David Boersma
was appointed as Vice Chairman; and Judy Tully was reappointed Secretary.
Discussion took place and recommendations are being presented on amending Zoning Ordinance Text
for the following sections:
Section 4.16 OS-2 Office Service Two District: The Planning Commission is recommending changes to
the Office-Service Two District by including both housing for the elderly and state licensed residential facilities
as special land uses. One of the things learned at the Real Estate Forum is that the Township has a number
of vacant parcels zoned OS-2. Many of these parcels are located on Dixie Highway and Sashabaw Road,
where elderly housing and/or state licensed residential facilities would be compatible. In addition, the OS-2
District also permits a number of other medically related facilities that would ideally be located in close
proximity to elderly housing. Furthermore, because hospitals are currently a special land use, the Planning
Commission is recommending that convalescent and nursing homes be added. All of these changes are
recommended due to the expected growth of aging residents. Lastly, since other places of assembly are a
permitted use, the Planning Commission is recommending that places of worship also be a special use.
Section 8.15(c)(4)(e) Wireless Communication Facilities: Missing language is recommended to be
reinstated to Section 8.15 Wireless Communication Facilities subsection C.4.e indicating that administrative
approval may be granted for equipment compounds not exceeding 2500 square feet.
Section 11.02 Performance Standards: Hours for construction activity between 7:00 am and 7:00 pm is
recommended to be amended to end at sunset on Monday through Saturday and between the hours of 10:00
am and 6:00 pm on Sunday unless otherwise modified by the provisions of Ch. 18 Article 2, Sec. 18-19 (2) of
the General Code of Ordinances.
Section 12.02 General Standards: The Planning Commission is recommending changes to Section 12.02
that identifies signs that are prohibited. However, there are certain exceptions to roof signs that have been
identified, like signs on the fascia of a mansard roof which may still be allowed.
Section 12.07 Temporary Signs: It has been pointed out that sign regulations do not permit a new business
to have a “Grand Opening” banner. Consequently, the Planning Commission is recommending that language
permitting such signs be included on a one-time basis at the time of opening under the temporary sign section.
Section 14.05 Rules and Procedures for Variances & Section 14.08 Approval Periods: The Planning
Commission is recommending updating Article 14 of the Zoning Ordinance that has conflicting times of six
months or one year for the effectiveness of variances. Further, it is recommended that Section. 14.05 of the
ZBA rules and procedures be amended to allow all variances to be valid for one year. In cases where a site
plan is required, approval shall be for one (1) year from the date of approval of the site plan. This will make
these items consistent throughout the ordinances.
Section 12.09 Special Signs: The Planning Commission discussed changeable copy signs to allow for
electronic message signs as an alternative. However, after much debate, no consensus could be arrived on
this topic. Discussion on any recommendations for these changes may take place in the future.
The Planning Commission discussed the Master Plan and a workshop session was scheduled for Thursday,
March 19th.
Trustee Ritchie reminded the public that Planning Commission meetings are televised on the Township’s al
government cable channel and on demand at: http://independencetelevision.pegcentral.com. He added that
agenda packet information is also available on the Township’s website.
Regular Meeting
Charter Township of Independence
Township Board Minutes – FINAL
March 3, 2015
Page 3 of 8
J. CARRYOVER/POSTPONED AGENDA ITEMS: None
K. CONSENT AGENDA:
Motion #2015-03-050: Trustee Lohmeier moved to APPROVE the March 3, 2015 Consent Agenda as
presented. Seconded by Trustee Schroeder. VOTE: Yes: All-7; No: None; Absent: None. Motion CARRIED
7 to 0.
1. Approval of Board of Trustees Regular Meeting Minutes of February 17, 2015 (Barbara A. Pallotta,
Clerk)
Motion #2015-03-050-01: Moved to APPROVE the Board of Trustees Board Regular Meeting Minutes of
February 17, 2015 as presented.
2. Approval of Payroll of February 27, 2015 and Check Run of February 25, 2015 for a Total Amount
of $1,001,611.20 (Barbara A. Pallotta, Clerk)
Motion #2015-03-050-02: Moved to APPROVE the Payroll of February 27, 2015 in the amount of
$218,241.29 and the Check Run of February 25, 2015, in the amount of $783,369.91 for a total amount of
$1,001,611.20.
3. Approval of Budget Amendment (DPW) – Addition of Funds to FY 2015 Budget (Linda R.
Richardson, DPW Director)
Motion #2015-03-050-03: Moved to APPROVE the following budget amendment:
INCREASE Account #590-548-933.003 $18,000.00
4. Ratification of 1st Reading – Versa Planned Rezoning Overlay Project (Barbara A. Pallotta, Clerk)
Motion #2015-03-050-04: Moved to RATIFY the approval of the 1st reading of the Versa Planned Rezoning
Overlay project as presented at the Board of Trustees January 20th Regular Meeting and SCHEDULE the 2nd
reading on the next available Board of Trustee’s regular meeting agenda.
L. ITEMS REMOVED FROM THE CONSENT AGENDA: None
M. REGULAR BUSINESS:
1. Amendment of the 2013-2015 Law Enforcement Services Agreement with Oakland County
Sheriff’s Office (Lt. Dirk Feneley, Oakland County Sheriff’s Office)
Lt. Feneley stated that he had previously been before the Board to request approval for another patrol car
and it was approved and added in August 2013. This allowed the addition of a Weighmaster in the Township
and Lt. Feneley commended the officer for his contribution. He stated that he is asking for an amendment so
that he can keep four cars on patrol for the afternoon shift. This was tentatively approved and he is here to
make it official.
Supervisor Kittle stated that there was concern because they were going to dip below the 20% fund balance.
At an earlier meeting, the Supervisor came back to the Board and explained that they were going to be
tweaking and adjusting those Weighmaster dollars to take them out of the road incentive fund and putting
them back into the police operating budget to cover the expense for 2015. They had allocated $50,000.00 in
2014 and had only spent about $15,000 to $20,000 so there are still funds in this account.
Regular Meeting
Charter Township of Independence
Township Board Minutes – FINAL
March 3, 2015
Page 4 of 8
Trustee Schroeder asked if they were paying for this additional person by taking $50,000.00 from the road
incentive program and putting it into the budget. She asked if the Weighmaster fines are paying for this
additional person. Lt. Feneley answered yes, partially.
Treasurer Brown stated that in 2014, they budgeted $50,000 for road improvements and they also budgeted
$50,000 in 2015. At the end of 2014, they had only used $15,000 and still had a balance of $35,000. The
likelihood of them using $85,000.00 in 2015 is not very high because there is low participation in the program.
They may as well leave the $35,000 in the account and move the $50,000 because it is not going to be used
for that purpose.
Trustee Schroeder thought one of the reasons that they wanted another officer is because the Weighmaster
was doing the Weighmaster job. Lt. Feneley answered no. This was a vacancy on afternoons because they
only had three patrol cars instead of four.
Trustee Lohmeier stated that when they first approved this it was to fully utilize the officer and it has worked
out well that they have made more than the cost in fees. They did apply part of the revenues to the road
incentive program. His concern is that they need to maintain a non-declining fund balance. They have done
that and the funding for the officer is available. If they get to the point where they start degrading the fund
balance, then they will have to reevaluate.
Trustee Schroder went on to say that she just wants to understand it correctly and they need to watch the
fund balance closely.
Clerk Pallotta pointed out that the commitment is only through November of this year and this is a good
opportunity to see how this works.
Trustee Ritchie clarified that they still have the neighborhood road incentive program for 2015.
Supervisor Kittle confirmed that it takes a long time to arrange a Special Assessment District for the
neighborhood road improvements.
Motion #2015-03-051: Clerk Pallotta moved to AMEND the 2013-2015 Law Enforcement Services
Agreement between Oakland County and the Charter Township of Independence to add one (1) Deputy II
position to the Patrol Services Division of the Independence Township Sub-Station EFFECTIVE February 21,
2015 to December 31, 2015 and DIRECT the Supervisor to sign Amendment 2 as the authorized
representative of the Township. Seconded by Treasurer Brown. VOTE: Yes: All-7; No: None; Absent: None.
Motion CARRIED 7 to 0.
2. Approval of 2015-2018 Fire Dispatch Service Agreement with Oakland County Sheriff’s Office
(Mitch Petterson, Interim Fire Chief)
Interim Fire Chief Petterson stated that they have utilized Oakland County for dispatch services since early
2000 and it is efficient. He explained that there is a rate increase in the agreement for all three years. The
first rate increase is a little over 10%. Oakland County has added an additional dispatcher to improve services.
The second year shows a little over 5% increase and the third year is about 4.5% increase. The County has
also added the text to 911 system and they have improved their dispatch console and their CAD system. The
County also meets the national standard for the Emergency Medical Dispatch System and the Emergency
Fire Dispatch System. This has allowed them to discriminate between emergency and non-emergency calls
and is a tremendous benefit to the Fire Department. He stated that they are also requesting a budget
amendment of $5,500.00 to make allowances for the rate increase.
Trustee Lohmeier added that the Township gets excellent service from the dispatch center.
Regular Meeting
Charter Township of Independence
Township Board Minutes – FINAL
March 3, 2015
Page 5 of 8
Interim Fire Chief Petterson clarified that the dispatch services agreement rates are based on the number of
calls and the Department has gone up about 390 calls since they signed the contract 3 years ago. This also
accounts for the some of the rate increase shown in the contract.
Trustee Lohmeier stated that there are alternatives but they are not very attractive ones.
Supervisor Kittle confirmed that to provide their own dispatch services, it would take at least three full time
employees, computers and technology to provide the same service and it would be very expensive.
Motion #2015-03-052: Trustee Ritchie moved to APPROVE the 2015-2018 Fire Dispatch Service Agreement
between the County of Oakland and the Charter Township of Independence EFFECTIVE April 1, 2015 –
March 31, 2018; DIRECT the Supervisor and Clerk to sign as the authorized representatives of the Township,
and APPROVE the following budget amendment:
INCREASE EXPENSE Account #206-336-820.000 (Fees to Oakland Co) $5,500.00
Seconded by Trustee Aliaga. VOTE: Yes: All-7; No: None; Absent: None. Motion CARRIED 7 to 0.
3. Acceptance of Estimate and Approval of Budget Amendment for Purchase Greater than
$10,000.00 – Emergency Repair at Pelton Well House (Linda R. Richardson, DPW Director)
Linda Richardson stated that they had to have some work done on the generator at the Pelton Well House
and the cost is $12,278.00. This is a single source vendor because no other dealer will work on this type of
generator. She stated that they are working on it now.
Motion #2015-03-053: Trustee Schroeder moved to ACCEPT the estimate received from sole source
provider, Cummins Bridgeway, LLC located in New Hudson, Michigan for costs associated with the repair of
the 1992 - 200KW Onan Generator at the Pelton Well House at a cost not to exceed $12,227.60; DIRECT
the DPW Director to sign the estimate as the authorized representative of the Township; and APPROVE the
following budget amendment:
INCREASE Account #591-556-933.000 (Equipment Maintenance) $12,227.60
Seconded by Trustee Ritchie. VOTE: Yes: All-7; No: None; Absent: None. Motion CARRIED 7 to 0.
5. Acceptance of Proposal for Engineering Services – SAW Grant Asset Management Plan (Linda
R. Richardson, DPW Director)
Linda Richardson stated that the proposal for engineering services that HRC has prepared covers the Asset
Management portion of the grant. She stated that she is requesting approval of the plan in the amount of
$741,800.00 which will cover a two year period.
Randal Ford, Senior Associative, Hubbell, Roth, & Clark, Inc. provided an electronic presentation
summarizing the SAW Grant Asset Management Plan. He stated that this was an initiative by the State and
administered by the MDEQ and there are several rounds of funding available. Independence was chosen for
funding for this year. Each community that participates was allowed to apply for $2 million. This would be the
State appropriation and then there is the local match. The first million dollars is 90% reimbursable through
the State and anything over the first million and up to the cap of two million is reimbursable up to 75%. He
reviewed the eligible grant expenses including sewer cleaning and televising. He stated that only sewers
installed prior to 1993 were eligible. Some of the other eligible items include hardware and software purchases
as long as they are geared toward the asset management plan. Monies could also be spent for training of
Township personnel. Engineering services are also reimbursable and financial advisor services. Some other
Township expenses are also identified as eligible. Mr. Ford explained how other in-kind services are also
eligible reimbursable items, for example staff time.
Regular Meeting
Charter Township of Independence
Township Board Minutes – FINAL
March 3, 2015
Page 6 of 8
Todd Sneathen – Senior Project Engineer, Hubbell, Roth, & Clark, Inc. provided an electronic presentation
summarizing the six components of an Asset Management Plan. He also provided the proposed timeline for
the project.
Supervisor Kittle asked what other communities are utilizing these services and how their services and fees
compare. Mr. Sneathen answered that they are working with Sylvan Lake who has a much smaller asset
management plan. They are also working with the City of East Lansing whose asset management plan is
larger. They are partnering with another company for the East Lansing work and are billing for about
$700,000.00 in fees. They are also working with the City of Troy. He explained that HRC is currently working
with eight communities right now as well as the Water Resource Commissioner to do several SAW grants.
Mr. Ford stated that these are budget numbers but the plan is to bill for the actual hours that are spent on the
job. They provided a best guess on the number of hours that would be involved in the program. They want to
make sure that all of fees are covered so they do not have to come back to the Board for additional fees.
Supervisor Kittle asked if the charges and hourly rates are consistent with other projects that they have done
in the past. Mr. Ford stated that in 2008 they were approached by the Board regarding lowering their rates to
compensate for the difficult economic times. He explained that they lowered their rates at that time and they
have not increased their rates since then.
Trustee Lohmeier asked if they should have a line in the budget for best practices, for items that they see
used in other communities successfully. Mr. Sneathen concurred.
Supervisor Kittle stated that he approves of the periodic updates to the Board.
Motion #2015-03-054: Trustee Ritchie moved to ACCEPT the proposal received from Hubbell, Roth & Clark,
Inc. for professional engineering services associated with the development of the Saw Grant Asset
Management Plan utilizing the expenditure of SAW Grant funds in an amount not to exceed $741,800.00;
and DIRECT the Supervisor to sign the proposal as the authorized representative of the Township. Seconded
by Treasurer Brown. VOTE: Yes: All-7; No: None; Absent: None. Motion CARRIED 7 to 0.
4. Approval of Budget Amendment – SAW Grant Asset Management Plan (Linda R. Richardson, DPW
Director)
Linda Richardson explained the budget amendment she is requesting for both expenditures and revenues.
Supervisor Kittle stated that they had talked about putting a line item in for repairs, but they were still going
through all of the televising so the amount was undetermined.
Ms. Richardson stated that until they get the Criticality Report from HRC, they are not going to know what the
twenty year plan is going to be and what they need to budget.
Motion #2015-03-055: Trustee Schroeder moved to APPROVE the following budget amendment as
indicated below:
Sewer Fund
Expenditures
Increase 590-548-933-002 Televising/Cleaning $ 192,466.00 SAW Grant Eligible
Increase 590-548-933-002 Repairs/Rehabilitation $ 210,750.00 Capital Imp Not Eligible
Increase 590-548-818-000 Professional/Contractual $ 238,800.00 Asset Management Plan Dev.
Requested Budget Increase $ 642,016.00 Total Expenditure Increase
Revenues
Increase 590-000-568-000 Grant Reimbursement $ 173,219.00 Televising/Cleaning
Regular Meeting
Charter Township of Independence
Township Board Minutes – FINAL
March 3, 2015
Page 7 of 8
Increase 590-578-568-000 Professional/Contractual $ 395,000.00 Asset Management Plan Dev.
Total Revenue Increase $ 568,219.00
Seconded by Trustee Ritchie. VOTE: Yes: All-7; No: None; Absent: None. Motion CARRIED 7 to 0.
6. Award Bid – Publication of the 2015 Summer, Fall and Winter Recreation Guides (Ken Elwert,
Parks, Recreation & Seniors Director)
Ken Elwert requested that they accept the second lowest bidder, Sherman Publications, because they are in
the State and the last publication that they did for the Township was a quality publication. He received many
bids for this project.
Motion #2015-03-056: Trustee Aliaga moved to ACCEPT the bid received from Sherman Publications of
Clarkston, Michigan for costs associated with the publication of the 2015 Summer, Fall and Winter Recreation
Guides at an amount not to exceed $32,000.00 and associated distribution costs, based on actual costs and
quantities, and DIRECT the Parks, Recreation & Seniors Director to sign the acceptance of the bid as the
authorized representative of the Township. Seconded by Trustee Ritchie. VOTE: Yes: All-7; No: None;
Absent: None. Motion CARRIED 7 to 0.
7. Authorize Disposal of Asset with Cost Basis Greater than $5,000.00 – Building Department
(David Belcher, Building Department Director)
Supervisor Kittle stated that these are two Malibu vehicles that they were hoping to use for the Building
Inspectors. However, one has a blown head gasket that would take approximately $2500.00 to fix and the
other vehicle has a case of salt rot and the engine cradle is close to collapse. Both vehicles are not drivable
and they are looking for ways to dispose of them. They are looking at options for purchasing or leasing
replacement vehicles and this proposal is coming to the Board at a future meeting.
Motion #2015-03-057: Supervisor Kittle moved to AUTHORIZE the Treasurer to dispose of:
Vehicle VIN # Model Mileage Location Condition
2002 Chevrolet 1G1ND52J22M634427 Malibu ≈ 48000 DPW Transmission Failure
2002 Chevrolet 1G1ND52JX2M624762 Malibu ≈ 48000 DPW Engine Failure
with a cost basis of $5,000.00 or greater in accordance with the Charter Township of Independence Asset
Management Policy. Seconded by Trustee Ritchie. VOTE: Yes: All-7; No: None; Absent: None. Motion
CARRIED 7 to 0.
N. COMMUNICATIONS / FUTURE AGENDA ITEMS / REPORTS:
1. Communication: State of Michigan; Department of Licensing and Regulatory Affairs-Michigan Liquor
Control Commission: Transfer Stock Interest; Applicant: Clarkston BPA, Inc.- 6480 Sashabaw Rd.-
Clarkston, Michigan 48346
2. Report: Oakland County Sheriff’s Department Monthly Report; January 2015
(Noted and Filed)
O. BOARD MEMBER COMMENTS:
Trustee Lohmeier asked about the timing of the road closures for the upcoming I-75 and Waldon Road project.
Supervisor Kittle answered that they do not have the timing yet of the road closure but they know the timing
of all of the phases. He summarized the bidding process that is being done currently and explained that
details would be available soon. He continued that they had a meeting with DTE informing them of the timing
of the phasing.
Regular Meeting
Charter Township of Independence
Township Board Minutes – FINAL
March 3, 2015
Page 8 of 8
P. ADJOURNMENT:
Motion #2015-03-058: Trustee Schroeder moved to ADJOURN the Charter Township of Independence
Board of Trustees Regular Meeting at 8:19 p.m. on Tuesday, March 3, 2015. Seconded by Trustee Ritchie.
VOTE: Yes: All-7; No: None; Absent: None. Motion CARRIED 7 to 0.
Barbara A. Pallotta, Clerk Patrick J. Kittle, Supervisor