HomeMy WebLinkAboutInterlocal Agreements - 2018.02.21 - 6977
March 21, 2018
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 February 21, 2018 the Board of Commissioners for Oakland County entered into an agreement per MR #18045 –
Sheriff’s Office – Fire Dispatch Service Agreement with the Village of Holly, April 1, 2018 – March 31, 2021.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the Village of Holly, 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, CERA
Director of Elections
Cc: Pat Davis, Corporation Counsel, Oakland County Donna Dyer, Corporation Counsel, Oakland County
Dale Cunningham, Business Manager, Oakland County Sheriff’s Office Jerry Walker, Manager, Village of Holly
Enclosures
1
VILLAGE OF HOLLY
VILLAGE COUNCIL MEETING
January 23, 2018
The regularly scheduled meeting of the Village Council of the Village of Holly was called to order by President Perkins at 7:00 P.M. in the Karl Richter Center Auditorium located at 300 East Street, Holly, Michigan.
Council Members Present
Dave Cruickshank
Ryan Shiel Chris Rankin
Bob Allsop
Suzanne L. Heiple
Excused/Absent
Jim Perkins
Debra Musgrave
Staff Present
Jerry Walker
Rachel Orzechowski Brian Klaassen
Steve McGee
Mike Story
Katy Hughes
Michael Gildner
Others Present
See attached
Manager Walker announced that President Perkins
and President Pro-temp Musgrave were absent. CM 2018-006 Motion by Heiple, second by Allsop to elect Councilor
Cruickshank to chair tonight’s meeting.
Motion carried by a voice vote of all ayes and
no nays.
Councilor Cruickshank called the meeting to order
at 7:02 PM.
Assistant Orzechowski called the roll.
President Perkins and President Pro-temp
Musgrave were absent.
CM 2018-007 Motion by Shiel, second by
Heiple to excuse President Perkins and
President Pro-Temp Musgrave from tonight’s
meeting.
Motion carried by a voice vote of all ayes and no nays.
CONSENT AGENDA
1. Agenda Approval
2. Consideration of the Approval of the
Council Meeting Minutes of January 9,
2018.
3. Consideration of the Approval of the
Charter & Ordinance Meeting Minutes of
January 9, 2018. 4. Consideration of the Approval of Warrant
2018-002 in the amount of $80,912.93
5. Consideration of Acceptance of the
Resignation of Monica McAlister from the
Parks Commission and Approval of
Signing a Thank You Letter.
Village of Holly Council January 23, 2018
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CHANGES TO AGENDA:
CM 2018-008 Motion by Rankin,
second by Shiel to approve the consent agenda
as amended. Roll call vote was as follows:
Voting for: Heiple, Shiel, Rankin, Allsop,
Cruickshank
Voting against: Absent: Perkins, Musgrave Motion carried.
PUBLIC COMMENT
George Kullis; 601 E Maple, As Holly Township supervisor he attended
Oakland County meeting on the human trafficking
task force. Distributes a handout of human
trafficking, which is in Oakland county and
spilling out around our area. Light Blue ribbons are
being worn to promote awareness. This problem is prevalent in Southeast corner or Oakland County,
yet spilling out into outer areas. This task force is
helps others know what to look for and the signs to
help. There was a young lady there speaking on
her experience.
John Lauve; 200 N Saginaw, Spoke on is offensive 50 years ago in Vietnam and
how it is tamer here. He asked to have Councilors
find out from Village when the broken Smart Bus
will be fixed. On the water bill, it is unfair for
school system to pay same amount as empty lot on
this bond issue. Since they are using more water, they should pay more of the bond expense. The
people in Village are subsidizing the school district
which has a tax base of a much larger area. He
said he was reviewing the bills presented by lawyer
in water case. Noticed that the lawyers were late
filing necessary papers and they charged us for a late fee. And court rules show that you need a
written authorization prior to billing the client.
They violated court rules, and it was around a $100
fine. No one is watching this, and that is why I
asked for information. The old car wash has been
owned by Village for a year, and there is still no
for sale sign on it. Other arrangements should be
arranged, for the sign to be up, like Dawson tire had. Asks for council to show action on this.
Marlo Davidson; 434 Sherwood Ct,
She said recently she heard a concern, a relative
asked about a mailed letter group, perhaps
charitable, a group that is looking for a support of making Holly a sanctuary city. Has anyone heard
about this, is this true, thank you.
OLD BUSINESS
None. NEW BUSINESS
#1. Consideration of the Introduction of
Resolution 2018-002 to Request an Amendment
to the Village Charter.
Councilor Cruickshank reads Resolution 2018-
002, says to summarize, the Charter and Ordinance
Committee, including himself, Councilor Rankin,
and Councilor Heiple, discussed the changing of 2
meeting per month rule to being 12 meetings per
year, or 1 meeting per month. This way we can do the same amount with our business meetings and
save time for simple consent agendas.
Councilor Shiel has concern or question, asked if
this will create a long list of consent agenda items
if once a month meeting. Councilor Cruickshank responded that it will be
simple items such as appoints, meeting minutes,
then we will be able to call a special meeting for
larger items. One 4-hour meeting per month other
than twice per month meetings will allow us to
spend time with at home or with family. Not physically changing now, will have to go on ballot
for voters now. The voters would decide if we are
allowed to choose this.
Village of Holly Council January 23, 2018
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Manager Walker said this action would be to
acknowledge receipt of resolution and will be sent
to attorney for approval.
Councilor Cruickshank said yes, it would go to
attorney to be approved then to state level to have
it put on ballot for our voters to decide.
CM 2018-009 Motion by Rankin,
second by Heiple to approve the Request to Amend Village Charter of Resolution 2018-002.
Roll call vote was as follows:
Voting for: Cruickshank, Heiple, Shiel, Rankin,
Allsop Voting against: Absent: Perkins, Musgrave Motion carried.
#2. Council Action Request to Instruct the
Village Attorney to Amend Ordinance 72.01, Parking During Snow Season.
Councilor Cruickshank reads request to amend
Ordinance 72.01, on 2 or more inches of snow,
believes that downtown district is not affected by this. From 3-7 a.m. parking prohibited through the
winter.
Manger Walker asks for commercial business
district to be included, so that no parking rule will
continue for them.
Councilor Cruickshank said to summarize this
ordinance, it does not help typical residents. When
having streets clear when there are only 8-15 snow
events per season it impedes traffic and blocks
driveways, and causes people pulling to their front and side yards. This year lots of snow, but in
general, this is an appropriate action to have cars
moved when there are 2 or more inches of snow
predicted. This would include a 1-3-inch
prediction by National Weather Service. Parking
would be prohibited until 24 hours after the snow
has ended. This also prevents the DPW from doing
nighttime hours, and saves on overtime. This also lets the residents to park in streets during the dry
weeks and nights.
Councilor Rankin said that Ordinance 702.01B
currently reads that during November 15th through
April 15th of each year vehicles may be parked between the sidewalk and the street, but not during
any other time of year. Asks if we are amending
this ordinance to say that type of parking is only
allowed during the snow emergency and not any
other time of year.
Manager Walker responds that certainly if that’s
what council prefers and if it is the intention of the
Charter and Ordinance Committee; we can prepare
a draft for you to review in that fashion.
Councilor Cruickshank said that it was the intention to replace the Ordinance completely.
Councilor Rankin asks if the in-between sidewalk
and street parking goes away completely then.
Councilor Cruickshank answers that yes, the
sidewalk parking goes away completely.
Councilor Rankin says that the whole point of
replacing ordinance is to minimize damages to
people’s yards during snow season and with
eliminating this type of parking there will be a
learning curb and educational part of that for
residents.
Councilor Cruickshank said he is not sure as to
how long this ordinance has in play, but has known
it for the whole time he has lived here.
Councilor Shiel questions that if Flint or White Lake are calling for 2 inches of snow, then do the
streets need to be cleared.
Village of Holly Council January 23, 2018
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Councilor Cruickshank answers that is it either
location. If White Lake or Flint is expecting 2 or
more inches by the National Weather Service, the
no parking ordinance will go into effect. The
reason being is that we are almost directly in the center of both places.
Councilor Shiel asks if both cities need to be
predicted at 2 inches or more.
Councilor Rankin answers to go with higher one.
Councilor Cruickshank said if both of those cities
go 2 or more inches of snow, the ordinance would be instated.
Manager Walker said if Council directs attorney to
amend, then he will begin the amendment process
and it will come back to you.
CM 2018-010 Motion by Shiel, second by Heiple to refer proposed ordinance
regarding parking during snow season to the
Village Attorney.
Roll call vote was as follows: Voting for: Heiple, Shiel, Rankin, Allsop,
Cruickshank
Voting against:
Absent: Perkins, Musgrave
Motion carried.
#3. Consideration of Resolution 2018-003,
Authorizing the Manager to sign the 2018-2021
agreement with Oakland County for dispatch
Services. Manager Walker said this would be our third
contract with Oakland County to enter into with
their emergency and public works. This contract
would run from April 2018 through March 31st
2021. Contract calls for 3 % raise in first year for police and a little over 4% for fire. Then $272 for
the Sheriff’s Department; to hold our arrest
warrants issued by the courts, for their keeping
them within their computer system, and removal of
them, which is a very important aspect of that job.
So, the total dispatch for year would be
$90,853.80. This is a bit of a drop from prior years,
because we are in transition period with Groveland Township. As you know, we have been fortunate
to be contracted with Groveland for last several
years, for Fire Administration, advanced Life
Support, and Ambulance Service. In exchange for
the Fire Administration fees, we were required to
not only pay the administrative cost for the services of Chief McGee and his command staff, but also
were required to pay their fire dispatch cost. If
memory recalls, the first year we dispatched with
Oakland County it was $114,000 and then
incrementally raised each year. This year we don’t
have that and our cost is going down. Our cost for the new contract would be $90,853.80 for the first
year, then the second year it would go up 3% for
Police. The Police cost is based on the number of
full-time employees that the department has. The
Fire Department dispatch will be raised 4%
because their expense is based on the average runs
of Fire Department. When Police dispatch gives a run, usually it is singular radio transaction or
perhaps two, yet when the Fire Department run
goes out there is every piece of equipment going
out, that why yearly it is higher. This contract runs
3 years, standard contract with no other changes,
and our Police and Fire Chiefs recommend approval.
Councilor Shiel asks both Chiefs on the efficiency
of calls.
Chief McGee said he very happy with it, and when there are little mistakes, we work with them. They
dispatch for 19 Fire Departments. All of us are
dispatched the same. Rochester Hills has around
14,000 calls, where we are fewer than 850in the
Village. We all meet together and devise plans
based on consensus and we follow all procedures. Chief Story said that as for the Police side, all is
fine, response times have not changed. We have
no real issues with them if there is one; it is easily
Village of Holly Council January 23, 2018
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addressed by phone call. There are less and less
issues per year. We are happy with them.
CM 2018-011 Motion by Heiple, second by Rankin to approve Resolution 2018-003, Authorizing the Manager to sign the 2018-
2021 agreement with Oakland County for
dispatch services.
Roll call vote was as follows: Voting for: Shiel, Rankin, Allsop, Cruickshank,
Heiple
Voting against:
Absent: Musgrave, Perkins
Motion carried. #4. Council Action Request to Amend the Special Event Application Process.
Manager Walker said that staff has been studying
street closures in downtown for many different reasons. There was a committee appointed to look
into issue, consisting of Police Chief, Fire Chief,
Director of DPW Brian Klaassen, and Assistant
Village Manager Katy Hughes. After the last
council meeting, based on the request by the
merchants downtown he directed the committee to
look into the special event street closings. The main request from the petition, submitted by
merchants, was a request to have insert or extra
section to event permit added. This addition would
be a required poll by merchants that 51% of
merchants had to agree with that particular closing.
After discussion and analysis, staff recommends that council continue to allow approval of street
closures, allows council to look at each event
separately and evaluate each event. The committee
recommends against instituting 51% voter
approval. There could be issues of favoritism or
popularity contests on certain events. Also, could lead to difficulties with merchants themselves or
this could be a public safety issue. An example is
our Ladies Night Out with 1,200-2,000 people.
Both the Fire and Police Chiefs feel it is issue to
have that many people on the sidewalks, that is
why street closures are recommended. Also,
events with lots of children, such as Hollyween,
where there are 600-1,000 children roaming and crossing streets. We recommend council to
continue to approve special events. We as a staff
know that we can also tighten up in office. Special
events must be filed 60 days in advance, when
events are not in 60 days beforehand we will pull
those events in New Business, we will highlight the safety issues that council should be aware of.
The committee did not consider specific events
when coming up with this process. Our
recommendation
Councilor Cruickshank states that perhaps that any
special event requesting street closure be added to New Business, so we can think about it.
Manager Walker said we can look into them in that
manor if council likes, but most of the time there
are special requirements, such as the Dickens
Festival with its vendors or Ladies Night Out,
which the Police Chief spurs the street closing. Councilor Heiple said that the main consideration
is car show, being every Wednesday and blocking
the street. Perhaps there is a compromise to help
those merchants.
Councilor Allsop said it is hard to not block the streets off with the cars and people there. He has
tried to change times, but that comes and goes so
quick. This show has been going on so long, we
need a bigger town. All the people that come into
town for the car show, they love the shops and
restaurants. It doesn’t take tax dollars to run it and
we do not need the Police, because we have never had major problems. If someone comes in and
needs get into town, I personally let them come in
and all they have to do is ask. Always works with
them, never wants to drive business out for the
people. Prefers to bring business to our town.
Village of Holly Council January 23, 2018
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CM 2018-012 Motion by Rankin,
second by Shiel to Approve staff’s
recommendation for the processing of Special
Event applications.
Motion carried by a voice vote of all ayes and no nays.
#5. Council Action Request to Authorize
Repairs for the Booster Station Pump.
Director Klaassen states the Village uses a booster
pump on E. Holly Road to maintain pressure for
the High School. There are two 2 medium sized
pumps there, then one small and one large pump.
Upon a routine inspection, one of the operators
noticed that all the pumps were running but something was wrong. Then we called out a
vendor to take a look at it, and he said there is a
check valve issue. Then we called another vendor
to do repairs, and he agreed and said issue with
bearings. We solicited 2 bids from Peerless
Midwest and Northern Pump and Well, who are
two of the larger vendors that he would trust to do these jobs. Northern Pump came in at $24,032 and
Peerless Midwest came in at $21,727. This would
be a 3-stage repair, so the pump would maintain
pressure to high school, replace multiple check
valves, and put new bearings. There are some
contingencies for valves to see if they need to be repaired before being replaced. We decided to do
the cost saving and stay with Peerless Midwest.
Councilor Cruickshank said we have done this
before, but not this pump.
Director Klaassen said yes, this pump is 16 or 17 years old, perhaps watermain break caused serge in
system last year.
Councilor Heiple asks where Peerless Midwest and
Northern Pump and Well are located, and are they
local.
Director Klaassen stated that these are large
companies to do the larger repairs, they are able to get parts and have things fixed quickly. Small
contractors can push fixing it back. This job need
at least a 3-man crew. Peerless Midwest is in
Grand Blanc, and Northern Pump and Well main
office is Lansing, but their sales person is out of
Milford.
Manager Walker said for clarification this motion
is to award bid to Peerless Midwest for $21,727
and budget amended to fund balance.
CM 2018-013 Motion by Shiel, second
by Heiple to Authorize repairs for the Booster
Station Pump. Roll call vote was as follows:
Voting for: Allsop, Cruickshank, Heiple, Shiel,
Rankin Voting against: Absent: Musgrave, Perkins Motion carried.
REPORTS: Village Manager
Apologizes for delay in getting into chambers
because of Cub Scout Den getting their public
service or government achievement. It is pleasure
to educate them on roll of government and specifically local government. Many of us to live
and work in community and we do not know how
government works, and maybe we will cultivate
public service workers in the future. Sad to report
that we were notified by our attorneys at Miller
Canfield that the attorneys Smith and Diehl, have filed appeal by litigation that was dismissed by
Circuit Court on the Water funds. The original
case was dismissed based on its merits, which
means it had zero merit. The case used over
$200,000 of money from water and sewer users in
Village system. Also, will use several more thousand dollars as we track it through the court of
appeals, but we are confident it will see the same
result.
Village of Holly Council January 23, 2018
7
Village Attorney
Attorney Gildner said that is has been rather quiet
over holiday, yet picking up in speed rather
quickly. In addition to ordinance asked to review tonight, he was asked to prepare a change to
another ordinance consisting to minors in
possession of alcohol. Since there was a change to
state law, we need to match your ordinance to level
of state law. This ordinance changes the penalties,
cannot possess as minor, but went to misdemeanor to more graduated offenses.
Village Clerk/ Treasurer
Assistant Orzechowski said nothing that is not in
the written report, just all the girls are working hard in the office.
Boards and Commissions
ZBA – Allsop – N/A
DDA – Perkins – N/A
Planning –
Councilor Cruickshank said Planning meets
tomorrow and drawing blank on agenda.
Manager Walker said there is consideration site
plan on plaza next to villagers. Councilor Cruickshank said it will be another
mirror strip mall.
KRCC –
Councilor Heiple has read directors report, and
very detailed, nothing to add to that.
HAYA and HDC -
Councilor Shiel said that Haya has not met, but the
HDC met and discussed budget and awards for
beautification.
Parks –
Councilor Rankin said that Parks will be meeting
in two weeks.
COUNCIL COMMENTS
Councilor Cruickshank said he is sad to hear about
lawsuit that is continuing on, and this expense on
the whole village. Councilor Allsop asked the name of person suing
Village.
Manager Walker responded that it is Ms. Heidi
Gumbleton, who is represented by attorneys Dale
Smith and Pete Diehl.
Councilor Cruickshank said he forgot to mention
this in budget session, but he wants to have our
website updated.
Councilor Shiel says he agrees, and a few things
are saying page not found items.
Cruickshank said we are lacking compared to other municipalities. It is on my wish list to have it
updated.
Councilor Allsop asks when is the meeting for
school projects?
Councilor Cruickshank said it is 1st week in February.
Manager Walker stated it is a meeting for KRCC,
and a sub-committee of that group, consisting of
Cruickshank, Heiple, Musgrave, meets with school
administration on February 1st. Then there will be
another follow up meeting.
Councilor Cruickshank said the second meeting will be February 12th at 7 p.m. when we are
meeting with Mr. Nuss and Mr. Walker to mend
bridges.
Councilor Cruickshank says he gives well wishes
to Mr. Perkins and his family emergency. Then he asks if we ask DDA to put up old car wash for sale.
Manager Walker said yes, but it is not listed for
sale because we are working with officials for
Oakland County right now. We are using CDBG
funds for demolition and there are specific red tape
rules to follow. There is a good reason to not put it up for sale at this time.
Village of Holly Council January 23, 2018
8
PUBLIC COMMENT
John Lauve; 200 N Saginaw,
This weekend there is a tour of Historic District to
look at boundaries for inclusion and exclusion of the Historic district. Gave out 2 or 3 names to add
to district. Asks if we are going to have townhall,
the state of village.
Councilor Cruickshank said the it will be the State
of the Holly Community. Manager Walker said that it is the State of the
Holly community address and is on February 15th
at 7 p.m. The event is being organized and
invitations were proofed today to send out shortly.
Will be in meeting room at KRCC.
George Kullis; 601 E Maple, Yes, the Holly state of community is February 15th
at 7 p.m. This event includes Village of Holly,
Holly Township, and Holly Area Schools. We will
discuss things going on in Holly, will have High
School band to feature entertainment. We will be
sending out invitations soon. The HDC is having tour for commission on Sunday from 1-3 p.m.
Special thanks to Holly Woodlands for bus and
driver, since our Smart Bus is in repair.
Closed Session VOTE and motion- CM 2018-014 Motion by Rankin,
second by Shiel to Enter into Closed Session to
Consider the Purchase or Lease of Real
Property
Roll call vote was as follows:
Voting for: Cruickshank, Heiple, Shiel, Rankin,
Allsop
Voting against:
Absent: Perkins, Musgrave Motion carried.
ADJOURNMENT:
With nothing further to discuss, Councilor
Cruickshank adjourned the meeting at 7:57 PM.
Jim Perkins, Village President
Rachel Orzechowski, Assistant