HomeMy WebLinkAboutInterlocal Agreements - 2015.07.29 - 6716
Memorandum
To: Pat Davis, Oakland County Corporation Counsel
CC: Deanna Fett-Hylla, Corporation Counsel, Oakland County
From: Heather Kadulski – Clerk/Register of Deeds – Elections Division
Date: 8/11/2015
Re: MR #15183
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.
August 11, 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 July 29, 2015, the Board of Commissioners for Oakland County entered into an agreement per MR #15183 – Sheriff’s
Office – Contract Amendment #3 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 Barbara Pallotta, Clerk, Charter Township of Independence
Enclosures
Memorandum
To: Barbara Pallotta, Clerk, Charter Township of Independence
CC:
From: Heather Kadulski – Oakland County Clerk/Register of Deeds – Elections Division
Date: 8/11/2015
Re: MR #15183
On July 29, 2015 the Oakland County Board of Commissioners adopted Resolution #15183– Sheriff’s Office – Contract Amendment #3 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 May 26, 2015
Page 1 of 7
REGULAR MEETING CHARTER TOWNSHIP OF INDEPENDENCE TOWNSHIP BOARD MINUTES May 26, 2015
A. CALL TO ORDER:
Supervisor Kittle called the meeting to order at 7:02 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
Ronald A. Ritchie, Trustee
Absent: David A. Lohmeier, Trustee Andrea K. Schroeder, Trustee
Others Present: Lt. Dirk Feneley, Oakland County Sheriff’s Department
Mitch Petterson, Interim Fire Chief
There was a quorum present. D. APPROVAL OF AGENDA: Motion #2015-05-096: Trustee Ritchie moved to APPROVE the May 26, 2015 Regular Meeting Agenda as presented. Seconded by Treasurer Brown. VOTE: Yes: All-5; No: None; Absent: Lohmeier; Schroeder. Motion CARRIED 5 to 0. E. CLOSED SESSION: None Scheduled F. BOARD / PUBLIC ANNOUNCEMENTS: None G. PUBLIC COMMENT:
Darwin Moore stated that he is appearing before the Board regarding a wetlands ordinance and the procedures and processes within the ordinance. He believes there has been vindictive selective enforcement action put
upon him and only him. He stated that he has asked the Board and the Supervisor several times as to how to get this item on the agenda and he has been unable to. He doesn’t think this is fair to him, the Board or other
individuals finding themselves in the same situation. He asked what he can do to get this item on the agenda.
Supervisor Kittle informed Mr. Moore that he should go before the Planning Commission first as he has been instructed to do on numerous occasions. This is what the ordinance calls for.
Mr. Moore stated that he is looking for something in writing to guide him because he has been to the Planning
Commission and has been told that this is something to be considered by the Township Board. He cannot find the process that he is supposed to follow. He has been limited to Public Comment only. He stated that
Supervisor Kittle provided a PowerPoint presentation to the Board that contained false and misleading information which is not fair. Mr. Moore summarized his situation that has been going on for four years. He
asked the Board for written permission to put his dock in while the process is being followed.
Regular Meeting Charter Township of Independence Township Board Minutes – FINAL May 26, 2015
Page 2 of 7
H. PUBLIC HEARING: None Scheduled
I. PRESENTATIONS AND REPORTS: None
J. CARRYOVER/POSTPONED AGENDA ITEMS: None
K. CONSENT AGENDA: Motion #2015-05-097: Trustee Ritchie moved to APPROVE the May 12, 2015 Consent Agenda as presented.
Seconded by Trustee Aliaga. VOTE: Yes: All-5; No: None; Absent: Lohmeier; Schroeder. Motion CARRIED 5 to 0.
1. Approval of Board of Trustees Regular Meeting Minutes of May 12, 2015 (Barbara A. Pallotta, Clerk) Motion #2015-05-097-01: Moved to APPROVE the Board of Trustees Regular Meeting Minutes of May 12,
2015 as presented.
2. Approval of Payroll May 22, 2015 and Check Run of May 19, 2015 for a Total Amount of $2,406,833.64 (Barbara A. Pallotta, Clerk)
Motion #2015-05-097-02: Moved to APPROVE the Payroll of May 22, 2015 in the amount of $235,915.14 and
the Check Run of May 19, 2015, in the amount of $2,170,918.50 for a total amount of $2,406,833.64 3. Rescission of Motion #2015-02-042-05 and Adoption of Resolution for the Round Up (Capture) and Hold, and Nest Destruction of Canada Geese – Deer Lake (Barbara A. Pallotta, Clerk) Rescission of Motion #2015-02-042-05
Motion #2015-05-097-03-01: Move to RESCIND Motion #2015-02-042-05 moved by Trustee Ritchie and
seconded by Trustee Aliaga as follows:
WHEREAS, The residents of Deer Lake have had ongoing problems with Canada Geese.
THEREFORE, BE IT RESOLVED, That the Board of Trustees of the Charter Township of Independence hereby GRANTS permission for the round up (capture), hold, and nest destruction of Canada Geese
from Deer Lake during 2015 to and including 2019, since said processing will improve the health, safety, and welfare of Township residents. Adoption of Resolution for the Round-Up (Capture) and Hold, and Nest Destruction of Canada
Geese – Deer Lake
Motion #2015-05-097-03-2: Move to ADOPT the Resolution Granting Permission for the Assistance of the Michigan Department of Natural Resources, in the implementation of the Canada Goose Nest Destruction
Program and Canada Goose Roundup/Removal Program on Deer Lake for five (5) years as presented:
CHARTER TOWNSHIP OF INDEPENDENCE OAKLAND COUNTY, MICHIGAN
RESOLUTION 2015-010
WHEREAS, The Township Board of Trustees of the Charter Township of Independence has received complaints of overpopulation of Canada geese inhabiting the grounds of Deer Lake within the Township;
Regular Meeting Charter Township of Independence Township Board Minutes – FINAL May 26, 2015
Page 3 of 7
WHEREAS, The Township Board has determined that the DNR Canada Goose Nest Destruction Program
and/or Roundup/Removal Program are effective program(s) for the control of site specific problems for our residents;
WHEREAS, The residents clearly understand that any birds removed and relocated during this program
may be killed; and
WHEREAS, The residents, lake associations, businesses, subdivisions, condo associations etc., must apply for a DNR Permit for these program(s), on an annual basis, and must ensure that all lakefront
residents, tenants, employees of this site, have been informed that this program is taking place at their lake/site, and understand if their site is located within more than one government unit, they are responsible
to receive resolutions from each township/city/village, and are responsible for adhering to the requirements under their permit.
NOW, THEREFORE LET IT BE RESOLVED, That the Township Board of Trustees of the Charter
Township of Independence hereby formally requests the assistance of the Michigan DNR on behalf of the requests made in Independence Township by Deer Lake as long as they abide by the DNR permit
requirements, in the implementation of the Canada Goose Nest Destruction Program and/or Roundup/Removal Program, for a 5-year period from 2015 through 2019 and additionally, to advise the
Department that there shall be no cost to the Township of Independence for these programs.
L. ITEMS REMOVED FROM THE CONSENT AGENDA: None
M. REGULAR BUSINESS:
1. Adoption of Proclamation for the Commemoration of Active Duty Military Personnel - Independence Fest Veteran’s Celebration on July 4, 2015 (Ken Elwert, Parks, Recreation & Seniors
Director)
Motion #2015-05-098: Supervisor Kittle moved to ADOPT the proclamation for the Independence Fest
Veteran’s Celebration on July 4, 2015 as follows:
CHARTER TOWNSHIP OF INDEPENDENCE
COMMEMORATION OF ACTIVE DUTY MILITARY PERSONNEL
Independence Fest Veteran’s Celebration on July 4, 2015
A PROCLAMATION
WHEREAS, Today we gather to express our deepest appreciation for those members of our community
who have served with honor, courage and integrity in our nation’s armed forces. These brave men and women have, by their dedication and sacrifice, ensured the safety and security of our great nation. Our nation’s
veterans have willingly accepted the hardships, separations from loved ones, difficult living conditions and often the horrors of war in the defense of their country. We celebrate their service and thank them for
their unselfish contributions. It is altogether fitting and proper that we do so.
WHEREAS, As we honor our veterans today, it is also appropriate that we pay special tribute to the young
men and women from our community who are now serving on active duty in our nation’s military. Even as we speak, soldiers, sailors, airmen, marines and coast guardsmen are on watch on ships, stations and
facilities all around the globe. These active duty men and women are the front line of defense in this dangerous and unstable world. As we express our gratitude today to our veterans who so honorably served us in the past,
let us also keep our active duty service members foremost in our thoughts and prayers.
Regular Meeting Charter Township of Independence Township Board Minutes – FINAL May 26, 2015
Page 4 of 7
NOW, THEREFORE, LET IT BE KNOWN, That the Charter Township of Independence Board of Trustees do
hereby proclaim their heartfelt respect and gratitude to our military veterans and proclaim a special thanks to our active duty military personnel. May God protect you and bring you home safely.
Seconded by Trustee Ritchie. VOTE: Yes: All-5; No: None; Absent: Lohmeier, Schroeder: Motion CARRIED
5 to 0. 2. Confirmation of Appointment and Setting of Salary/Benefits – Fire Chief Position (Patrick J. Kittle, Supervisor)
Supervisor Kittle stated that due to the retirement of Chief Ronk after 37 years of service, the Township began
the recruitment selection process to find a new Fire Chief. He confirmed that nine resumes were received and four were removed for failing to meet the basic job requirements as established by the Township. All three full
time elected officials held face to face interviews with the five candidates in which two of them stood out as exemplary. The two final candidates were assessed by Empco and additional face to face interviews were
held with the current Fire Department Captains, five department directors and the three Township trustees. Human Resources tabulated the interview scores which were audited and confirmed separately by the
Supervisor and Clerk resulting in Mitchell Petterson having an overall higher score even after Empco interview scores were added.
Motion #2015-05-099: Supervisor Kittle moved to CONFIRM the appointment of Mitchell T. Petterson to the
non-union full-time exempt Fire Chief position at an annual gross salary of $82,500.00 SUBJECT to the provisions of the Fair Labor Standards Act (FLSA) with associated benefits outlined in the Non-Union
Employee Policy and Benefit Manual and the following:
• Continued payment of 7% Paramedic Bonus;
• Continued participation in the Municipal Employees’ Retirement System (MERS) Retirement program;
• An annual contribution of $1,500.00 made by the Township into a 457 Deferred Compensation Plan;
• Use of a marked Fire Department vehicle subject to IRS regulations;
• Increase of $2,500.00 after five years of continued service; EFFECTIVE Monday, June 1, 2015.
Seconded by Trustee Aliaga. VOTE: Yes: All-5; No: None; Absent: Lohmeier, Schroeder. Motion CARRIED 5 to 0.
Interim Fire Chief Petterson thanked the Board and his family for the honor. He stated that he is honored to accept the position of Fire Chief.
3. Approval of Additional Deputy Sheriff to Midnight Shift and Budget Amendment (Patrick J. Kittle,
Supervisor)
Supervisor Kittle stated that Independence and Brandon Township have shared the expense of one midnight
officer since 2011. In May 2015, Brandon Township approved the reinstatement of one full time midnight deputy causing Independence Township to be understaffed during the midnight shift. The incremental staff
cost to add the officer and provide the needed backup through 2015 is $32,722.00. Lt. Dirk Feneley confirmed that when the economy was bad, they split a car between Brandon and Independence. They were able to make the situation work with two and a half cars during midnights although
it wasn’t the ideal setup. With Brandon keeping their officer, he is asking to reinstate our officer so they have at least a three car minimum during this demanding midnight shift. He added that Springfield and Brandon will
have two cars on midnights and since Independence has double the population of those two combined, he is suggesting the third car. He provided several scenarios in which the third patrol car would be needed.
Regular Meeting Charter Township of Independence Township Board Minutes – FINAL May 26, 2015
Page 5 of 7
Supervisor Kittle stated that he spoke to Mr. Yaeger and before this amendment, the police fund had $287,000.00 cushion before they hit the 20%. He indicated that they will still be above the intended 20%.
Trustee Ritchie stated that he is in favor of hiring the extra staff and protecting the citizens.
Supervisor Kittle stated that County projections for the Sheriff contract are going to be 2% increase, when they
were expecting 3% increase and the revenue projections are good. He stated that having backup is in the best interest of the residents.
Motion #2015-05-100: Trustee Ritchie moved AMEND the Oakland County Sheriff’s Office 2013-2015 Law
Enforcement Services Agreement with the Charter Township of Independence (Amendment 3) by ADDING one midnight shift deputy sheriff at a cost not to exceed $33,000.00 and APPROVE the following budget
amendment: POLICE FUND INCREASE / (DECREASE) INCREASE Account #207-301-820.000 (Fees to Oakland Co.) $33,000.00
Seconded by Trustee Aliaga. VOTE: Yes: All-5; No: None; Absent: Lohmeier, Schroeder. Motion CARRIED 5
to 0. 4. Approval to Continue Sheriff Liaison Officer Services and Approve Budget Amendment – Clarkston Community Schools (Patrick J. Kittle, Supervisor)
Supervisor Kittle stated that this position used to be subsidized with grant dollars but those dollars have been
unavailable for the past few years and the Township has continued to provide this service to Clarkston Community Schools at no charge to them. According to Deputy Sheriff McCabe, this is one of the few school
districts in the Oakland County jurisdiction that have this arrangement. He stated that the cost for two deputies is $260,000.00 for the year. During the three month summer school break, the officers return to street duty.
The net benefit to the schools is $200,000.00. Due to the recent economic improvements, the Township has proposed a plan to the Schools to assist the Township in offsetting this expense. He stated that when he talked
to Dr. Rock originally about this, he was anticipating the 3% increase in sheriff contract cost and 2-3% in the revenue stream and the fact that the fund balance was starting to decrease. Dr. Rock expressed at the time
that he couldn’t do anything the 2014/2015 fiscal year but would look to provide some type of support during the 2015/2016 fiscal year. Supervisor Kittle suggested 25% of the cost to Dr. Rock. He stated that he held a
meeting recently with Dr. Rock and Mr. Shawn Ryan and they indicated that CCS is still experiencing financial issues and are looking at a million dollar deficit and potentially laying off teachers. He stated that he was
thinking of letting it go another year and then had to consider the increase in officer with the above agenda item. He stated that he contacted Dr. Rock and confirmed that CCS could contribute $30,000.00 without a
decrease in services. He stated that the Township needs to get together with the Schools and provide the data which shows what other school districts are paying for similar services. Supervisor Kittle stated that in Walled
Lake, they have three officers; the schools pay for two and the Township pays for one and similar arrangements can be found throughout Oakland County. He confirmed that they need to meet with the Schools
and determine what the long term plan is and what the amount that can be anticipated is. The Liaison Officers provide tremendous value to the Schools.
Lt. Dirk Feneley confirmed that they have one dedicated Liaison Officer that covers Clarkston High School,
Middle School and Renaissance High. There is another officer that covers all nine of the elementary schools. He stated that the officers are responsible for presentations to classes and that the students come to the
officers with their problems and to talk about what is going on in their neighborhoods. He stated that the Officer also provides support to abused victims through Care House. He stated that it is very important to keep them
in the schools and it allows the students to talk to the officers in a private setting.
Regular Meeting Charter Township of Independence Township Board Minutes – FINAL May 26, 2015
Page 6 of 7
Motion #2015-05-101: Supervisor Kittle moved to ACCEPT payment from Clarkston Community Schools in
the amount of $30,000.00 for full-time Oakland County Sheriff’s liaison officer services during the 2015/2016 school year and APPROVE the following budget amendment:
POLICE FUND INCREASE / (DECREASE)
INCREASE Account #207-000-639.000 (Charges to Clarkston Schools) $30,000.00
Seconded by Trustee Aliaga. VOTE: Yes: All-5; No: None; Absent: Lohmeier Schroeder. Motion CARRIED 5 to 0
Treasurer Brown stated that the Schools have to get back to participating and paying for this service. The
Township is collecting a tax for police services for the residents and the police support for the Schools should come out of the school millage.
Trustee Ritchie stated that the Schools should continue to contribute to this line item every year so they are
aware of the expense and it does not get forgotten.
Supervisor Kittle stated that there is a new Federal Grant program that they will apply for to possibly offset some of the costs and Clarkston Schools has offered support to get the grant application in.
5. Appointment of Member to Boards and Committees – Sashabaw Corridor Improvement Authority
(CIA) (Patrick J. Kittle, Supervisor) Motion #2015-05-102: Trustee Ritchie moved to APPOINT Dr. Bryan M. Cornwall to the Sashabaw Corridor Improvement Authority (CIA) as a business owner member having interest in the district for an unexpired term
scheduled to expire on December 31, 2018. Seconded by Trustee Aliaga. VOTE: Yes: All-5; No: None; Absent: Lohmeier, Schroeder. Motion CARRIED 5 to 0.
6. Appointment of Member to Boards and Committees – Safety Path Advisory Committee (Patrick J. Kittle, Supervisor) Motion #2015-05-103: Trustee Aliaga moved to APPOINT David Henderson as a regular member of the Safety Path Advisory Committee for a 2-year unexpired term scheduled to expire on February 21, 2016.
Seconded by Treasurer Brown. VOTE: Yes: All-5; No: None; Absent: Lohmeier, Schroeder. Motion CARRIED 5 to 0 N. COMMUNICATIONS / FUTURE AGENDA ITEMS / REPORTS: 1. Report: Monthly Actual to Budget Financial Update – April, 2015 (Rick Yaeger, Budget Analyst) 2. Report: Oakland County Sheriff’s Department Monthly Report; April, 2015 3. Reports: Building Department Monthly Reports; March and April, 2015 4. Minutes: Senior Adult Activity Center Advisory Committee; January 15, 2015 and March 11, 2015 5. Communications: Letter of Recognition – Cheryl Culpepper, Certified Public Finance Administrator (Noted and Filed) O. BOARD MEMBER COMMENTS: Treasurer Brown recognized Clerk Pallotta for all of her hard work in making sure that the Township will comply
with the new FOIA laws.
Supervisor Kittle stated that the first coat on the tennis, pickle ball and basketball courts at Clintonwood Park was laid today. He provided updates on the addition to the Senior Center project and stated that they were on
schedule to make the July 4, 2015 grand opening deadline. He thanked the contractors for their hard work.
Trustee Ritchie confirmed that the Senior Center addition is looking good.
Regular Meeting Charter Township of Independence Township Board Minutes – FINAL May 26, 2015
Page 7 of 7
P. ADJOURNMENT:
Motion #2015-05-104:Trustee Ritchie moved to ADJOURN the Charter Township of Independence Board of
Trustees Regular Meeting at 7:34 p.m. on Tuesday, May 26, 2015. Seconded by Treasurer Brown. VOTE: Yes: All-5; No: None; Absent: Lohmeier, Schroeder. Motion CARRIED 5 to 0.
Barbara A. Pallotta, Clerk Patrick J. Kittle, Supervisor