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HomeMy WebLinkAboutInterlocal Agreements - 2015.05.06 - 6711CITY OF ORCHARD LAKE VILLAGE MINUTES OF THE REGULAR CITY COUNCIL AND ZONING BOARD OF APPEALS MEETING APRIL 20, 2015 Mayor Beach called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. COUNCIL PRESENT: Mayor Beach, Mayor Pro Tem McIntyre, Councilmembers Finkelstein, Hoffman, Kosmensky and Talpos. ABSENT: Councilmember Tobin STAFF: Director of City Services Gerry McCallum, Attorney Mike Salhaney, Chief of Police Joe George, City Clerk Rhonda McClellan and Building Department Clerk Nancy Yacoub CITIZENS, VOLUNTEERS, PETITIONERS: Mr. & Mrs. Barbat, DuAnne Sonneville, Patrick Tortora, Carl Yauk, David Boerger, City Treasurer Green, W. B. Fire Department Chief Greg Flynn, Ted Wade, Pete Russ, Vincent Valvona, Robert Clark from CDI Design, Ghassan Abdelnour and Leon Pedell. Mayor Beach excused Councilmember Tobin from attending the April 20, 2015 regular City Council Meeting. A MOTION WAS OFFERED BY COUNCILMEMBER FINKELSTEIN AND SECONDED BY COUNCILMEMBER HOFFMAN TO EXCUSE COUNCILMEMBER TOBIN FROM ATTENDING THE APRIL 20, 2015 REGULAR CITY COUNCIL MEETING. MOTION CARRIED 6-0 Mayor beach asked for a motion to add two additional agenda items to tonight’s Council Meeting. Item #1 Planning Commission Appointment-DuAnne Sonneville and item#15 Metro Act Right of Way Permit. A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY COUNCILMEMBER HOFFMAN TO ADD ITEM #1 PLANNING COMMISSION APPOINTMENT-DUANNE SONNEVILLE AND ITEM #15 METRO ACT RIGHT OF WAY PERMIT TO THE AGENDA. MOTION CARRIED 6-0 MARCH 16, 2015 REGULAR COUNCIL MEETING MINUTES APPROVAL A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY COUNCILMEMBER HOFFMAN TO APPROVE THE MARCH 16, 2015 REGULAR COUNCIL MEETING MINUTES. MOTION CARRIED 6-0 MARCH 16, 2015 CLOSED COUNCIL MEETING MINUTES APPROVAL A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY COUNCILMEMBER FINKELSTEIN TO APPROVE THE MARCH 16, 2015 CLOSED COUNCIL MEETING MINUTES. MOTION CARRIED 6-0 DEPARTMENT REPORTS - POLICE DEPARTMENT Chief George introduced the new full-time officer Rebecca Whittle to City Council and mentioned that Officer Whittle is the first female officer in Orchard Lake Police Department. Council congratulated Officer Whittle on her new position and welcomed her as a part of the Orchard Lake Police Department. A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED BY COUNCILMEMBER TALPOS TO APPROVE THE POLICE DEPARTMENT REPORT. MOTION CARRIED 6-0 - DPW REPORT Director of City Services McCallum mentioned that DPW report shows a decrease in fuel cost due to the decrease in gas prices. A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY COUNCILMEMBER FINKELSTEIN TO APPROVE THE DPW REPORT. MOTION CARRIED 6-0 - BUILDING DEPT. & EMPLOYEES Director of City Services McCallum mentioned that the next few months will be busy months for the Building Department; there are few new building permits are under review and will be issued soon. Mayor Pro Tem McIntyre asked regarding the Dow Ridge tree violation and asked if the Code Enforcement Officer is familiar with the City Woodlands Ordinance. Director of City Services McCallum indicated the Don Pratt is familiar with the Woodlands Ordinance and in regards to Dow Ridge, is currently being reviewed by the City Environmental Consultant Martin and waiting a tree survey from the property owner. A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY COUNCILMEMBER KOSMENSKY TO APPROVE THE BUILDING DEPARTMENT REPORT. MOTION CARRIED 6-0 April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 2 A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED BY COUNCILMEMBER TALPOS TO APPROVE THE EMPLOYEES REPORT. MOTION CARRIED 6-0 - ACCOUNT PAYABLE/CASH DISBURSEMENTS A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY COUNCILMEMBER FINKELSTEIN TO APPROVE THE ACCOUNT PAYABLE/CASH DISBURSEMENTS REPORTS. MOTION CARRIED 6-0 - FINANCIAL STATEMENTS & BUDGET AMENDMENTS Director of City Services McCallum indicated that most of the budget amendments are in the General Fund with some adjustments in the Major Road Fund and Building Department Fund. Adjustments in the General Fund expenses have been made to reflect actual fiscal year to date revenue and expenses. Some minor adjustments have been made in the road funds and the Building Department fund. Director of City Services McCallum mentioned that followings; o Increase in Interest & Penalty Revenue based upon actual numbers from the Oakland County Treasures office. o Increase in District Court Revenue due to underestimated at time of budget preparation. Decrease in CDBG Revenue due to the reimbursement from Oakland County for the City. o Hall front entrance modification was already recognized in Fiscal Year 2013/14. o Increase in Cable TV revenue and a new line item added to reflect income from a prior year property tax adjustment for tax year 2012. o Decrease in Police Department part time officer's line item. o Increase in Police Department contribution to the Motor Pool. This budget amendment is to adequately fund operating expenses for this year and to pre-fund some of the Motor Pool purchases requested for FY 2015-16. o Increase in DPW Salaries to reflect actual to date expenditures. Increase in DPW contribution to Motor Pool to again pre-fund some of the Motor Pool purchases requested for FY 2015-16. o Building Department adjustments reflect actual fiscal year to date revenue and expenses balanced from the reserves. Director of City Services McCallum asked City Council to adopt the proposed budget amendments. April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 3 A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY COUNCILMEMBER HOFFMAN TO APPROVE THE FINANCIAL STATEMENTS AND BUDGET AMENDMENTS. MOTION CARRIED 6-0 AUDIENCE INPUT & ELECTED OFFICIAL COMMENTS The new West Bloomfield Fire Department Chief Greg Flynn introduced himself to City Council and stated that he is looking forward working with the City of Orchard Lake Village and with the Tri-City Fire Commission. Dr. Pedell, Secretary for the Orchard Lake Aquatic Advisory Board mentioned that he was able to wave the fees for the Herbiciding permit for the Orchard Lake SAD. Dave Boerger asked for an update on 4940 and 4920 Elmgate. Director of City Services McCallum stated that the Code Enforcement Officer Pratt is monitoring 4920 Elmgate and issued violation. Attorney Salhaney mentioned that he drafted a complaint regarding 4940 Elmgate and is in the process of submitting to the court. Pete Russ asked regards the sinking driveway on Commerce Rd. Director of City Services McCallum stated that the owner obtained a DEQ permit for the driveway which is valid for five (5) years. Meanwhile; Director of City Services McCallum indicated that he is in contact with the DEQ and Oakland County Soil Erosion Division regarding this site. At 7:20 p.m. Mayor Beach asked to proceed to the Zoning Board of Appeals. A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SUPPORTED BY MAYOR PRO TEM MCINTYRE TO RECESS FOR THE PURPOSE OF HEARING CASES AS THE ZONING BOARD OF APPEALS. MOTION CARRIED 6-0 Mayor Beach stated that the Zoning Board of Appeals is missing one Board member; therefore, the applicant must have four votes to be granted a variance and the applicant has the option to table the appeal to the next Zoning Board of Appeals Meeting if they choose. RACHWAL APPEAL – 4747 OLD ORCHARD TRAIL (FRONT YARD AND SIDE YARD SETBACK FOR RETAINING WALLS) Director of City Services McCallum indicated that the applicant requested to table the appeal to the next regular Zoning Board of Appeals Meeting to work out several issues with the adjoining property. April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 4 A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY COUNCILMEMBER FINKELSTEIN TO TABLE THE RACHWAL APPEAL, 4747 OLD ORCHARD TRAIL (FRONT YARD AND SIDE YARD SETBACK FOR RETAINING WALLS) FOR THE NEXT REGULAR ZONING BOARD OF APPEALS MEETING. MOTION CARRIED 6-0 BARBAT APPEAL – 2969 ORCHARD PLACE (LOT COVERAGE VARIANCE FOR A GARAGE ADDITION) Mayor Beach stated that the applicant is requesting to construct an additional two car garage addition on the existing home located at 2969 Orchard Place. In May of 2002 the applicant was granted, by the ZBA, several lakeside setback variances for construction of a new home on the site. At that same hearing the applicant was requesting a 326 square foot lot coverage variance for the new home which was denied (see attached minutes). The applicant reduced the size of the structure to comply and a building permit was issued for its construction. In 2002 the City's Zoning Ordinance for lot coverage for the principle residence included roof overhangs, no matter what the size of the overhang was. Several years ago that Ordinance provision was changed to permit overhangs up to 17", including gutter, without it being counted in the lot coverage requirements. Based upon this revision, the applicant has calculated the square footage of the overhangs previously counted and applied that amount to the proposed construction of the additional 2 car garage. Even with this additional square footage a lot coverage variance is still needed for the proposed garage. Ghassan Abdelnour, Architect indicated that Mr. Barbat is requesting two car garage extension. A one car garage extension can be obtained without a variance request but since the garage facing the street; a one car garage will affect the shape of the property; therefore, the applicant is asking for two car garage to balance the shape of the existing property. Pete Russ suggested for the applicant to propose one car garage with a side entrance similar to another property on Orchard Place. Mr. Russ mentioned that the existing house has a special siding that will be hard to match for the proposed extension. He is also concerned that the proposed two car garage will be too close to the street. Mayor Pro Tem McIntyre indicated that he reviewed the minutes of the May 2002 Zoning Board of Appeals Meeting and at that time he did not see the practical difficulty and voted against it. Mayor Pro Tem McIntyre mentioned that he still doesn’t see the practical difficulty and will not support the variance. Mr. Barbat requested to table the appeal for the next Zoning Board of Appeals Meeting. Council Agreed. April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 5 A MOTION WAS OFFERED BY COUNCILMEMBER TALPOS AND SECONDED BY MAYOR PRO TEM MCINTYRE TO TABLE THE LOT COVERAGE VARIANCE FOR GARAGE ADDITION FOR 2969 ORCHARD PLACE FOR THE NEXT REGULAR ZONING BOARD OF APPEALS MEETING. MOTION CARRIED 6-0 LALA APPEAL – 3781 INDIAN TRAIL (FRONT YARD AND SIDE YARD SETBACK VARIANCES FOR A SCREENED IN PORCH AND PERMANENT BARBECUE/OUTDOOR KITCHEN) Mayor Beach indicated that the applicant is first seeking a side yard setback variance (North Side) for construction of an addition. The applicant is also proposing a screened porch addition on the lakeside of the home that requires both a lakeside setback variance and a side yard setback variance (South Side). The applicant is also proposing a permanent outdoor barbecue on the lakeside of the home. Permanent outdoor barbecues are required to meet the same setbacks as the principle structure. Robert Clark, CDI Design representing the Lala resident indicated that the existing home has been granted side yard setback variances. Less variance is being asked at this time. Mayor Pro Tem McIntyre asked what is the practical difficulty of this appeal; Mr. Clark indicated that the narrowest of the lot and the existing doorway are the practical difficulties in this appeal. Mayor Beach indicated that lots on Indian Trail are unique; the lots are very long but narrow at the same time. Councilmember Finkelstein indicated that the properties on Indian Trail are becoming very close to each other; he also mentioned that he does not find practical difficulty in this appeal and believes that the building plans can be redesigned for less variances needed. Councilmember Hoffman agreed. Dr. Pedell indicated that the property has a structural problem that needs to be fixed, but does not believe that there is a practical difficulty or deficiency in the square footage of the lot. Dr. Pedell also believes that the applicant can redesign the proposed plan for lesser variances. Mr. Clark indicated that the Lala resident is out of town and he cannot make a decision without consulting them first. Mr. Clark requested tabling the appeal for the next Zoning Board of Appeals. Council agreed A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY MAYOR PRO TEM MCINTYRE TO TABLE THE FRONT YARD AND SIDE YARD SETBACK VARIANCES FOR A SCREENED IN PORCH AND PERMANENT BARBECUE/OUTDOOR KITCHEN FOR 3781 INDIAN TRAIL FOR THE NEXT ZONING BOARD OF APPEALS MEETING. MOTION CARRIED 6-0 April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 6 A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY MAYOR PRO TEM MCINTYRE TO ADJOURN THE ZONING BOARD OF APPEALS AND RESUME THE CITY COUNCIL MEETING AT 8:45 P.M. MOTION CARRIED 6-0 REGULAR BUSINESS 1- PLANNING COMMISSION APPOINTMENT Mayor Beach stated that Commissioner Bradbury submitted his resignation from the City Planning Commission. Mayor Beach recommended appointing DuAnne Sonneville to serve on the City Planning Commission to fulfill this term. Mayor Pro Tem McIntyre recommended presenting proclamation to Mr. Bradbury for all of his services to the City. A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY MAYOR PRO TEM MCINTYRE TO APPROVE THE RECOMMENDATION OF MAYOR BEACH TO APPOINT DUANNE SONNEVILLE TO SERVE ON THE CITY PLANNING COMMISSION. MOTION CARRIED 6-0 A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED BY COUNCILMEMBER HOFFMAN TO PRESENT A PROCLAMATION TO DAVID BRADBURY. MOTION CARRIED 6-0 2- PROPOSED FY2015-16 BUDGET Director of City Services McCallum stated that the proposed budget is based upon maintaining the current millage rate of 7.86; 7.56 mills for operating and .30 mills for the library. The direction from the Finance Committee based upon discussion at the March 16th Council meeting was to keep the millage rate the same as last year or lower it, keep the fund balance at 20% and to address the needs of the administrators and the other issues such as roads and motor pool. Director of City Services McCallum indicated that the proposed budget meets the Finance Committee criteria including funding for most of the administrators' needs by reducing spending for roads, $240,000 total for local roads, but $40,000 to $50,000 of that will be dedicated to crack sealing, leaving less than $200,000 for road improvements. It also further reduces the Capital Improvement Fund Balance and funding for retiree health care reverts to "pay as you go" which results in a significant expense spike in the FY2016-17 budget. The proposal adequately funds operating expenses and purchases in the Motor Pool Fund with the exception of saving for a new DPW truck. It was originally proposed to save $50,000 each year for three years April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 7 to fund that purchase, but the amount was reduced in 2015-16 to help meet the Finance Committee criteria. Councilmember Kosmensky mentioned that the proposed budget met main requirements by keeping the same millage of 7.86 and keeping the fund balance at 20%. Councilmember Kosmensky thanked Treasurer Green and Mr. Boerger and their hard work to establish the budget. Councilmember Kosmensky supports the proposed budget. Councilmember Finkelstein agrees with Councilmember Kosmensky and also supports the proposed budget. Mayor Beach stated that some of the current Council members were also past Mayors and did a great job to maintain a good budget for the City. A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY COUNCILMEMBER KOSMENSKY TO SET THE PROPOSED FY2015-16 BUDGET FOR A PUBLIC HEARING AT THE MAY 18, 2015 REGULAR COUNCIL MEETING. MOTION CARRIED 6-0 3- PART-TIME POLICE OFFICERS PAY & UNIFORM ALLOWANCE Chief George asked for Council approval on a one dollar raise for part time officers, which will bring their hourly rate to $23.00. This will keep them just slightly below the starting pay for a full time officer. Chief George is also requesting $250.00 clothing and cleaning allowance per year for a part time officer who works 8 to 16 hours per week and $500 for part time officers that work between 17 and 32 hours per week. Chief George asked for this request to be effective on July 1, 2015. Councilmember Finkelstein asked if this request is included in the FY2015-16. Director of City Services McCallum replied yes, the request amounts are included in the FY2015-16 budget. A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY COUNCILMEMBER FINKELSTEIN TO APPROVE THE ONE DOLLAR RAISE FOR PART TIME OFFICERS, WHICH WILL BRING THEIR HOURLY TOTAL TO $23.00 AND TO APPROVE THE $250.00 CLOTHING AND CLEANING ALLOWANCE PER YEAR FOR A PART TIME OFFICER WHO WORKS 8 TO 16 HOURS PER WEEK AND $500 FOR PART TIME OFFICERS THAT WORK BETWEEN 17 AND 32 HOURS PER WEEK, WHICH WILL BE EFFECTIVE ON JULY 1, 2015. MOTION CARRIED 6-0 April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 8 4- SHERIFF’S DEPARTMENT CONTRACT FOR ST. MARY’S FAIR & OTHER EVENTS. Director of City Service McCallum seeking Council approval of the contract between the City of Orchard Lake Village and Oakland County Sheriff’s Department to provide deputy services for the Orchard Lake St. Mary’s Fair and other events as necessary. Director of City Services McCallum mentioned that the contract has been reviewed by the City Attorney Salhaney and Chief George. A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED BY COUNCILMEMBER KOSMENSKY TO APPROVE THE OAKLAND COUNTY SHERIFF’S CONTRACT. MOTION CARRIED 6-0 5- FIRST READING, DESIGN GUIDELINES REGULATIONS ORDINANCE AMENDMENTS Director of City Services McCallum indicated that at the November 4, 2014 regular Planning Commission meeting the issue of the color of the window and door frames at the new Walgreen's was discussed. After discussing this matter with the City Planner, it was determined that the current Design Guidelines for commercial buildings is not specifically addressed in the current Ordinance and the Commission felt that language should be added to regulate such color. The window and door frames at the Walgreens are polished aluminum and the commission felt that they should be a dark tone. Director of City Services McCallum mentioned that the City Planning Commission amended Section 17.05 (6) & (8) of the Zoning Ordinance that regulates the designs of commercial buildings to require window and door framing to be a dark tone. Director of City Services stated that Planning Commission recommend City Council to approve the Ordinance amendment to Section 17.05 (6) & (8) of the Zoning Ordinance. Councilmember Kosmensky asked if the Ordinance should also regulate paint and bricks colors. Director of City Services McCallum stated that the current ordinance also regulate brick colors. Mayor Beach asked Director of City Services McCallum for a hard copy of the current design Guidelines to be distributed to City Council. A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY COUNCILMEMBER FINKELSTEIN TO APPROVE THE FIRST READING OF THE DESIGN GUIDELINES REGULATIONS ORDINANCE AMENDMENTS. MOTION CARRIED 6-0 April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 9 6- SECOND READING AND ADOPTION OF FENCE REGULATIONS ORDINANCE. A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY COUNCILMEMBER HOFFMAN TO APPROVE AND ADOPT THE SECOND READING OF THE OF FENCE REGULATIONS ORDINANCE. MOTION CARRIED 6-0 7- KEEGO HARBOR PARADE PERMIT A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY COUNCILMEMBER HOFFMAN TO APPROVE THE KEEGO HARBOR PARADE PERMIT. MOTION CARRIED 6-0 8- UNDERGROUND FUEL STORAGE TANK (UST) MONITORING SYSTEM PURCHASE REQUEST Director of City Services McCallum indicated that the current underground fuel storage tank monitoring system for the regular gasoline fuel and diesel fuel tanks is twenty (20) year old. Last year, the system needed some repairs, it was costly and the parts were hard to get. This system is required per the Michigan Department of Licensing and Regulatory Affairs- Storage Tank Division, for automatic leak detection and overall monitoring of the tanks. Director of City Services McCallum stated that Oscar W. Larson Co. who provides all of the City's services for these tanks including the City's Class A operator license, has provided an estimate for a new up to date system for $ 8,552. Several calls were made to other companies that provide this type of monitoring systems, but have not heard back from either company. Mayor Beach mentioned that she was in gasoline business herself; Oscar W. Larson is a good company to work with. Councilmember Talpos asked if the cost of a new monitoring system is included in the current budget. Director of City Services McCallum indicated that the cost for a new monitoring system is budgeted in the FY2014-15 budget. A MOTION WAS OFFERED COUNCILMEMBER KOSMENSKY AND SECONDED BY COUNCILMEMBER FINKELSTEIN TO APPROVE THE PURCHASE OF A NEW UNDERGROUND FUEL STORAGE TANK MONITORING SYSTEM IN THE AMOUNT $8,552 FROM OSCAR W. LARSON COMPANY. MOTION CARRIED 6-0 April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 10 9- TIRE CHANGER PURCHASE REQUEST-DEPARTMENT OF PUBLIC WORKS Director of City Services McCallum is seeking Council Approval for the purchase of a new automatic tire changer for the Department of Public Works (DPW) garage. The current automatic tire changer that was purchased approximately 9 years ago has a broken part that the manufacture no longer carries due to the age of the machine. The DPW staff uses this tire changer for servicing the City's patrol cars with new tires or repairing tires where it is necessary to remove it from the rim. Director of City Services McCallum viewed several of these machines on line and found a tire changer that will meet of the DPW's needs relative to tire replacement and the cost of this automatic tire changer for $1,299.00. Director of City Services McCallum indicated that if this expenditure is approved, then it would be expensed out of the Motor Pool Fund. A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY MAYOR PRO TEM MCINTYRE TO APPROVE THE PURCHASE OF THE NEW AUTOMATIC TIRE CHANGER FOR THE DPW IN THE AMOUNT OF $1,299. MOTION CARRIED 6-0 10- WEST NILE REIMBURSEMENT RESOLUTION Director of City Services McCallum indicated that the City will be providing larvacide treatment of all City catch basins to prevent mosquito larvae from developing into breeding, biting adult mosquitoes to reduce the West Nile Virus risk. This year the City purchased an all-natural product for treatment of the catch basins. Director of City Services McCallum recommended City Council to approve and adopt the resolution in order to receive the reimbursement for this expense. A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED BY COUNCILMEMBER HOFFMAN TO APPROVE AND ADOPT THE WEST NILE REIMBURSEMENT RESOLUTION. MOTION CARRIED 6-0 11- ICMA-RETIREMENT HEALTH SAVING (RHS) PLAN AMENDMENT Director of City Services McCallum indicated that the proposed amendment to the Retirement Health Saving Plan is to incorporate changes per the Defense of Marriage Act (DOMA) that took place in 2013. Although the City's provider has been operating in accordance with the changes to DOMA since 2013, the City needs to formally amend their RHS plan to reflect recognition of marriages between same sex spouses. April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 11 Councilmember Kosmensky does not support the proposed amendment. A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED BY MAYOR BEACH TO ADOPT THE RESOLUTION OF THE AMENDMENT PLAN TO THE RETIREMENT HEALTH SAVING. MOTION CARRIED 5-1, Councilmember Kosmensky opposite 12- DECLARATION OF THE MONTH OF MAY 2015 AS MENTAL HEALTH MONTH Director of City Services McCallum stated that Oakland County Community Mental Health Authority requesting the City of Orchard Lake Village to join in a community driven collaboration declaring May of 2015 as Mental Health Month. Director of City Services McCallum indicated that if City Council wishes to be part of this collaboration, then City Council action approving the declaration by Oakland County Community Mental Health Authority is in order. A MOTION WAS OFFERED BY COUNCILMEMBER FINKELSTEIN AND SECONDED BY COUNCILMEMBER KOSMENSKY TO APPROVE THE DECLARATION OF THE MONTH OF MAY 2015 AS MENTAL HEALTH MONTH. MOTION CARRIED 6-0 13- CITY COUNCIL E-MAIL DISCUSSION Councilmember Finkelstein suggested creating City emails for council members and indicated that Council should be using City emails to communicate with residents and not use personal emails. Mayor Pro Tem McIntyre asked if this will violate Open Meeting Act. Attorney Salhaney commented that creating City emails will not violate Open Meeting Act but using group chat for an example will be in violation of this act. Mr. Yauk suggested the City to publish a policy or guidelines regarding email usages. Mr. Boerger supports the idea of creating new City emails. A MOTION WAS OFFERED BY MAYOR PRO TEM MCINTYRE AND SECONDED BY COUNCILMEMBER TALPOS TO CREATE CITY EMAILS FOR COUNCIL MEMBERS. MOTION CARRIED 6-0 April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 12 14- APPROVAL OF ST. FRANCIS FOUNDATION GRANT APPLICATION Director of City Services McCallum mentioned that information has not been obtained yet and suggest tabling the approval for the next regular City council meeting. A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY COUNCILMEMBER FINKELSTEIN TO TABLE THE APPROVAL OF ST. FRANCIS FOUNDATION GRANT APPLICATION. MOTION CARRIED 6-0 15- BUSINESS LICENSE APPROVALS-GENERAL BUSINESS City Clerk McClellan recommended council to approve the general business licenses for the following businesses; Little Caesars 3260 Orchard Lake Rd Vadim Liberman Ice Cream Truck Pontic Yacht Club 3270 Wards Pointe New Kameo Cleaners 4210 Orchard Lake Rd Tony’s Deli 3258 Orchard Lake Rd Dr. Farnaz Abhari 4085 Pontiac Trail Bloomfield Orchard Storage 4230 Orchard Lake Rd United Good Housekeeper 4161 Orchard Lake Rd Romana’s Carry-Out 4139 Orchard Lake Rd Sweet Dreams 4153 Orchard Lake Rd Starbucks Coffee 4200 Orchard Lake Rd Symmetry Property Mgmt. 4198 Orchard Lake Td The Salvation Army 3232 Orchard Lake Rd OL Auto Repair 4093 Orchard Lake Rd Target Sport 3240 Orchard Lake Rd Love 68 Nails 4145 Orchard Lake Rd OL Footcare Specialists 3206 Orchard Lake Rd Mandy Rose Studio 4147 Orchard Lake Rd Orchard Fuels Inc 4100 Orchard Lake Rd Sprint Spectrum 3535 Indian Trail Puff Hookah 4127 Orchard Lake Rd Sushi Samurai 4143 Orchard Lake Rd Lube Tech 4220 Orchard Lake Rd Village Palace 4170 Orchard Lake Rd Dollar Tree 3236 Orchard Lake Rd Walgreens 4105 Orchard Lake Rd A MOTION WAS OFFERED BY COUNCILMEMBER KOSMENSKY AND SECONDED BY COUNCILMEMBER FINKELSTEIN TO APPROVE THE GENERAL BUSINESS LICENSES FOR THE BUSINESSES LISTED ABOVE. MOTION CARRIED 6-0 April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 13 16- METRO ACT RIGHT OF WAY PERMIT Attorney Salhaney indicated that he had reviewed the five year Metro Act Right of Way Permit Extension for Michigan Bell Telephone Company d/b/a AT&T and has determined that it complies both technical and legally mandates of the Metropolitan Extension Telecommunications Rights-of- Way Oversight Act. Attorney Salhaney mentioned that the City should have a good reasons if wishes to deny the permit extension. He also mentioned that AT&T pays the City per Lineal foot for using the Right of Way. Director of City Services McCallum stated that the fund is itemized in the budget. Attorney Salhaney recommended City Council to approve the Metro Act Right of Way resolution. A MOTION WAS OFFERED BY COUNCILMEMBER HOFFMAN AND SECONDED BY MAYOR PRO TEM MCINTYRE TO APPROVE THE RESOLUTION OF THE METRO ACT RIGHT OF WAY FIVE YEARS PERMIT EXTENSION FOR MICHIGAN BELL, DBA AT&T. MOTION CARRIED 6-0 COUNCIL REPORT City Council thanked Director of City Services McCallum for the new Council Chairs. ADJOURNMENT THERE BEING NO FURTHER BUSINESS, COUNCILMEMBER KOSMENSKY MOVED TO ADJOURN THE MEETING AT 8:55 P.M. AND COUNCILMEMBER HOFFMAN SECONDED THE MOTION. MOTION CARRIED 6-0 Jackie Beach Rhonda McClellan Mayor City Clerk NY 5/8/2015 April 20, 2015 Regular City Council & Zoning Board of Appeals Meeting Minutes Page 14 Memorandum 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: 6/18/2015 Re: MR #15108 Enclosed is a copy of Contract for Auxiliary Sheriff’s Deputy Services for the City of Orchard Lake Village May 1, 2015 – December 31, 2015. They have been sent to the Office of the Great Seal. If you have any questions, please call 248-858-9454. June 18, 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: On May 6, 2015 the Board of Commissioners for Oakland County entered into an agreement per MR #15108 – Sheriff’s Office – Contract for Auxiliary Deputy Services in the City of Orchard Lake 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 City of Orchard Lake Village 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 Dale Cunningham, Oakland County Sheriff’s Office, Business Manager Rhonda McClellan, Clerk, City of Orchard Lake Village Enclosures Memorandum To: Rhonda McClellan, Clerk, City of Orchard Lake Village CC: From: Ida Herron – Oakland County Clerk/Register of Deeds – Elections Division Date: 6/18/2015 Re: MR #15108 On May 6, 2015 the Oakland County Board of Commissioners adopted Resolution #15108 – Sheriff’s Office – Contract for Auxiliary Deputy Services in the City of Orchard Lake 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.