HomeMy WebLinkAboutResolutions - 2008.11.06 - 9576October 23, 2008
MISCELLANEOUS RESOLUTION # 08-23-2
BY: PUBLIC SERVICES COMMITTEE, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND
PREPAREDNESS - OUTDOOR WARNING SYSTEM EXPANSION —
TOWNSHIPS OF ADDISON, OAKLAND, ORION AND OXFORD
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous
Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of
the costs in purchasing sirens to be utilized within the Oakland County Outdoor
Warning System: and
WHEREAS the County share of the costs will remain at twenty-five
percent as has been the policy previously established by the Board of Commissioners
by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with
the County being responsible for the maintenance and electrical costs for the sirens
purchased; and
WHEREAS the Townships of Addison, Oakland, Orion and Oxford, have
executed the attached Interlocal Agreement; and
4
WHEREAS the Townships of Addison, Oakland, Orion and Oxford have agreed
to pay seventy-five percent of the total estimated cost of one siren; and
WHEREAS, consistent with the attached standard agreement, the Townships of
Addison, Oakland, Orion and Oxford agrees that Oakland County will retain ownership of
the siren and will be responsible for the maintenance and the electrical costs for said
siren purchased under this agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorize the contract with the Townships of Addison, Oakland, Orion
and Oxford for the purchase of one outdoor warning siren.
BE IT FURTHER RESOLVED that the expenditure of this appropriation is
contingent upon the execution of the attached written agreement between the County
and the Townships of Addison, Oakland, Orion and Oxford.
CHAIRPERSON, on behalf of the Public Services Committee, I movelhe
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
Resolution #08232 October 23, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR. #08232) November 6, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS — OUTDOOR
WARNING SYSTEM EXPANSION — TOWNSHIPS OF ADDISON, OAKLAND, ORION AND OXFORD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The resolution recognizes that the Townships of Addison, Oakland, Orion and Oxford
have issued a purchase agreement for the purchase of one (1) warning siren and have
requested to become part of the County's centrally activated tornado warning system.
2. The total cost of the siren is $23,000.
3. The Townships of Addison, Oakland, Orion and Oxford have agreed to pay $17,250,
seventy-five percent (75%) of the estimated cost of the siren.
4, The County of Oakland will pay twenty-five percent (25%) of the estimated cost of $5,750.
5. Consistent with past agreements, the County will retain ownership and be responsible for
the maintenance and electrical costs for the siren.
6. Funds are available in the FY 2009 Emergency Response and Preparedness budget to
cover cost.
7. No budget amendments are recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greinnel and Crawford absent.
Resolution #08232 November 6, 2008
Moved by Clark supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Burns, Clark, Coleman, Coulter, Crawford, Douglas. Gershenson, Gingen, Gosselin,
Greimel, Jacobsen, Kowall, Long, Middleton. Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND) .///1/6 I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foreg ing resolu ion is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
November 6, 2008, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 6th day of November, 2008.
gat
Ruth Johnson, County Clerk
SEVERE WEATHER WARNING SYSTEM INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
THE TOWNSHIPS OF ADDISON, OAKLAND, ORION AND OXFORD
This Interlocal Agreement ("the Agreement") is made between Oakland County,
a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac,
Michigan 48341 ("County"), and the Townships ("Municipalities") of:
Addison, 1440 Rochester Road, Leonard, Michigan 48367
Oakland, 4393 Collins Road, Rochester, Michigan 48306
Orion, 2525 Joslyn Road, Lake Orion, Michigan 48360
Oxford, 300 Dunlap Road, Box 3, Oxford, Michigan 48371
In this Agreement, the County and the Municipalities may also be referred to
individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967,
1967 PA 7, MCL 124.501 et seq., the County and the Municipalities enter into
this Agreement for the purpose of adding the Municipalities to the County's
outdoor warning system.
In consideration of the mutual promises, obligations, representations, and
assurances in this Agreement, the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plural, within or without quotation
marks, or possessive or non-possessive, shall be defined, read, and
interpreted as follows.
1.1. Claim means any alleged loss, claim, complaint, demand for relief or
damages, cause of action, proceeding, judgment, deficiency, liability,
penalty, fine, litigation, costs, and/or expenses, including, but not limited
to, reimbursement for reasonable attorney fees, witness fees, court costs,
investigation expenses, litigation expenses, and amounts paid in
settlement, which are imposed on, incurred by, or asserted against the
County, its employees or agents, whether such Claim is brought in law or
equity, tort, contract, or otherwise.
1.2.County means Oakland County, a Municipal and Constitutional
Corporation including, but not limited to, any and all of its departments,
divisions, the County Board of Commissioners, elected and appointed
officials, directors, board members, council members, commissioners,
authorities, committees, employees, agents, subcontractors, volunteers,
and/or any such persons' successors.
1.3. Municipalities means the Townships of Addison, Oakland, Orion and
Oxford, Constitutional Corporations including, but not limited to, their
Councils, any and all of their departments, divisions, elected and
appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents,
subcontractors, volunteers, and/or any such persons' successors,
2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions
contained in this Agreement, and applicable changes in law, the County shall
provide the following:
2.1.1nstall one (1) siren within a Municipality at the location designated by the
Municipalities.
2.2_ Provide for maintenance of the siren.
2.3. Provide for electrical costs of the siren.
3. MUNICIPALITIES'S RESPONSIBILITIES. Subject to the terms and
conditions contained in this Agreement, and applicable changes in law, the
Municipalities shall provide the following:
3.1 Pay four-thousand, three-hundred, twelve dollars and fifty cents
($4,312.50) per Municipality for the installation of the siren ($17,250 total).
Payment is to be made within thirty (30) days after installation of the siren.
3.2 Provide operational status reporting during the first Saturday of the month
siren test (March through November) if requested.
3.3 Bear all costs associated with any siren relocation.
3.4 Municipalities acknowledge that the County will retain ownership of the
siren.
3.5 To the maximum extent provided by law, if there is any amount past due
under this Agreement, the County has the right to set-off that amount from
any amount due to the Municipalities from the County, including, but not
limited to distributions from the Delinquent Tax Revolving Fund,
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. The Agreement and any amendments hereto shall be effective when
executed by both Parties with resolutions passed by the governing bodies
of each Party, and when the Agreement is filed with the Clerk of each
County where the Parties are located. The Agreement shall be filed with
the Secretary of State of the State of Michigan pursuant to MCL 124,510.
4.2. This Agreement shall remain in effect until cancelled or terminated by
either Party pursuant to Section 6.
5. ASSURANCES.
5.1. Each Party shall be responsible for its own acts and the acts of its
employees, agents, and subcontractors, the costs associated with those
acts, and the defense of those acts.
6. TERMINATION OR CANCELLATION OF AGREEMENT.
6.1. Any Party may terminate or cancel this Agreement for any reason upon
thirty (30) days notice before the effective date of termination or
cancellation. The effective date for termination or cancellation shall be
clearly stated in the notice.
6.2.The Parties shall not be obligated to pay a cancellation or termination fee,
if this Agreement is cancelled or terminated as provided herein.
7. SUSPENSION OF SERVICES. Upon notice to the Municipalities, the County
may immediately suspend this Agreement or the Municipalities's participation
in the outdoor warning system, if the Municipalities have failed to reasonably
comply, within the County's discretion, with federal, state, or local law, or any
requirements contained in this Agreement. The right to suspend services is in
addition to the right to terminate or cancel this Agreement contained in
Section 6. The County shall incur no penalty, expense, or liability if services
are suspended under this Section.
8. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of
the Parties, this Agreement does not and is not intended to create any
obligation, duty, promise, contractual right or benefit, right to indemnification,
right to subrogation, and/or any other right, in favor of any other person or
Municipalities.
9. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state,
and local statutes, ordinances, regulations, administrative rules, and
requirements applicable to its activities performed under this Agreement,
including, but not limited to, the policies, procedures, rules and regulations
attached as Exhibits to this Agreement, and properly promulgated
amendments to those Exhibits.
10. DISCRIMINATION. The Parties shall not discriminate against their
employees, agents, applicants for employment, or another persons or entities
with respect to hire, tenure, terms, conditions, and privileges of employment,
or any matter directly or indirectly related to employment in violation of any
federal, state or local law.
11. PERMITS AND LICENSES, Each Party shall be responsible for obtaining
and maintaining, throughout the term of this Agreement, all licenses, permits,
certificates, and governmental authorizations for its employees and/or agents
necessary to perform all its obligations under this Agreement. Upon request,
a Party shall furnish copies of any permit, license, certificate or governmental
authorization to the requesting Party.
12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended
to impair, divest, delegate, or contravene any constitutional, statutory, and/or
other legal right, privilege, power, obligation, duty, or immunity of the Parties.
13. FORCE MAJEURE. Each Party shall be excused from any obligations under
this Agreement during the time and to the extent that a Party is prevented
from performing due to causes beyond such Party's control, including, but not
limited to, an act of God, war, acts of government (other than the Parties'),
fire, strike, labor disputes, civil disturbances, reduction of power source, or
any other circumstances beyond the reasonable control of the affected Party.
Reasonable notice shall be given to the affected Party of any such event.
14. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement
without the prior written consent of the other Party. A delegation, subcontract
and/or assignment made without the prior written consent of the other Party is
void.
15. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this Agreement shall
constitute a waiver of those rights with regard to any existing or subsequent
breach of this Agreement. No waiver of any term, condition, or provision of
this Agreement, whether by conduct or otherwise, in one or more instances,
shall be deemed or construed as a continuing waiver of any term, condition,
or provision of this Agreement. No waiver by either Party shall subsequently
effect its right to require strict performance of this Agreement.
16. SEVERABILITY. If a court of competent jurisdiction finds a term, or
condition, of this Agreement to be illegal or invalid, then the term, or condition,
shall be deemed severed from this Agreement. All other terms, conditions,
and provisions of this Agreement shall remain in full force.
17. CAPTIONS. The section and subsection numbers, captions, and any index
to such sections and subsections contained in this Agreement are intended
for the convenience of the reader and are not intended to have any
substantive meaning.
18. NOTICES. Notices given under this Agreement shall be in writing and shall
be personally delivered, sent by express delivery service, certified mail, or
first class U.S. mail postage prepaid, and addressed to the department listed
below. Notice will be deemed given on the date when one of the following
first occur: (1) the date of actual receipt; (2) the next business day when
notice is sent express delivery service or personal delivery; or (3) three days
after mailing first class or certified U.S. mail.
18.1. If Notice is sent to the County, it shall be addressed and sent to:
Oakland County Emergency Response and Preparedness, 1200 N.
Telegraph, County Service Center, Pontiac, MI 48341 and Chairperson
of the Oakland County Board of Commissioners, 1200 North Telegraph,
Building 12 East, Pontiac, Michigan 48341.
18.2 if Notice is sent to the Municipalities, it shall be addressed to: The Chief
Elected Official of the Municipalities at the addresses listed on the first
page of this Agreement.
18.3 Any Party may change the address and/or individual to which Notice
is sent by notifying the other Party in writing of the change.
19. GOVERNING LAW/CONSENT TO JURISDICTION. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan.
Except as otherwise required by law or court rule, any action brought to
enforce, interpret, or decide any Claim arising under or related to this
Agreement shall be brought in the Sixth Judicial Circuit Court of the State of
Michigan, the Fifth District Court of the State of Michigan, or the United States
District Court for the Eastern District of Michigan, Southern Division, as
dictated by the applicable jurisdiction of the court.
Authorized Agent of 'rion Township
Aut 117 ized Agent of 0 ownship
‘aeeee-ee--,71 -(
Authorized Agent of Oxfcird Township
00 _Are.
Chairperson, Oakland County E
Commissioners
Date ard of
20. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, recissions, waivers, or releases to this Agreement must be in
writing and agreed to by both Parties. Unless otherwise agreed, the
modification, amendment, recission, waiver, or release shall be signed by the
same persons who signed the Agreement or other persons as authorized by
the Parties governing body.
21. ENTIRE AGREEMENT. This Agreement represents the entire Agreement
and understanding between the Parties. This Agreement supercedes all
other oral or written Agreements between the Parties including previous siren
purchase agreements. The language of this Agreement shall be construed as
a whole according to its fair meaning, and not construed strictly for or against
any Party.
The Parties have taken all actions and secured all approvals necessary to
authorize and complete this Agreement. The persons signing this Agreement on
behalf of each Party have legal authority to sign this Agreement and bind the
Parties to the terms and conditions contained herein.
Authorized A§ent bf Addison Township ' Date
Date
"-A9---408
Date
Date
5;110t& iolv,31or
CHARTER TOWNSHIP OF OAKLAND BOARD OF TRUSTEES
July 22, 2008
The July 22, 2008, meeting of the Charter Township of Oakland Board of Trustees was
called to order at 7:00 p.m, in the Township Hall.
PRESENT: Joan Fogler, Supervisor
Lisa Platz, Clerk
Sharon Creps, Treasurer
Amy Boltz, Trustee (arrived 7:09 p.m.)
James Derian, Trustee (arrived 7:14 p.m.)
Marc Edwards, Trustee
Kathrine Thomas, Trustee
James Creech, Manager
Steven Joppich, Attorney
ABSENT: None
A quorum was present.
PLEDGE OF ALLEGIANCE
Supervisor Fogler led the Board, staff and those present in the Pledge of Allegiance.
APPROVAL OF MINUTES
MOVED BY THOMAS, SECONDED BY CREPS, to approve the minutes of the
July 8, 2008, meeting as presented.
MOTION CARRIED (absent: Boltz, Derian),
AMENDMENTS TO AND APPROVAL OF AGENDA
Manager Creech pointed out that the Board will be considering Resolution 08-11 (not 08-
10),
MOVED BY EDWARDS, SECONDED BY THOMAS, to approve the agenda as
presented with the correction that the Board will be considering Resolution 08-11
(not 08-10).
MOTION CARRIED (absent: Boltz, Derian).
40
CHARTER TOWNSHIP OF OAKLAND BOARD OF TRUSTEES
July 22, 2008
CITIZENS
There was no one present who wished to comment on an item not on this evening's
agenda.
RESOLUTION NO. 08-14: AWARD OF OAKLAND TOWNSHIP BONDS.
SERIES 2008
Bond counsel Terry Donnelly was present. He congratulated the Township on receiving
a bond rating of AAA (up from AA+), which enables the Township to sell the bonds
without purchasing insurance. Manager Creech noted that Oakland Township is the only
township in Michigan that currently has attained this rating, which is the highest rating
possible.
Mr. Donnelly continued that the bids for the $4.1 million in bonds to be sold to generate
revenue for Parks and Recreation Commission property purchases and park development
were due this afternoon. Five bids were received; the lowest bid is from Fifth/Third
Securities, at a 3.67564% interest rate. Mr. Donnelly and the Township's financial
consultant rere present at the bid opening, and they both recommend the sale to the low
bidder.
The closing date for the sale of the bonds is August 5 th, and proceeds from the sale will
be available at that time.
MOVED BY EDWARDS, SECONDED BY CREPS, to adopt Resolution
No. 08-11, a resolution for the award of Oakland Township Bonds, Series 2008.
MOTION CARRIED (absent: Boltz, Derian).
A copy of this resolution is attached as a part of these minutes.
SEVERE WEATHER SIRENS
Fire Chief Benoit was present. He explained that he and Supervisor Fogler have been
working with some of the Township's neighboring communities to determine how best to
provide improved coverage with the early weather warning system (Le., tornado sirens).
They are proposing that Oakland Township contribute to the purchase and installation of
two additional sirens. The Township would then need to enter into a cooperative
agreement with the other communities and Oakland County.
The first siren is proposed to be located in Orion Township near the intersection of Kern
Road and Orion Road. This will provide better coverage for the west part of Oakland
Township and the Paint Creek Trailways. Oakland Township's cost would be $8,625.00,
and the interlocal agreement would be with Orion Township and Oakland County.
(Trustee Boltz arrived at this point, 7:09 p.m.)
41
CHARTER TOWNSHIP OF OAKLAND BOARD OF TRUSTEES
July 22, 2008
The second siren is proposed to be located in Addison Township near the intersection of
Barr Road and Indian Lake Road. This will provide better coverage for the northwest
corner of Oakland Township. Oakland Township's cost would be $4,312.50, and the
interlocal agreement would be with Orion Township, Oxford Township, Addition
Township and Oakland County.
MOVED BY EDWARDS, SECONDED BY THOMAS, to contribute towards the
purchase and installation of two early weather warning sirens to be placed as
proposed this evening, and to authorize the Supervisor to enter into the interlocal
agreements.
MOTION CARRIED (absent: Derian).
FIRE DEPARTMENT MEDICAL TRAINING EOUIPMENT
Fire Chief Benoit was present. He is proposing that the Township purchase an advanced
patient simulator, a vitals control unit, and a 12 lead simulator. This equipment will
allow the Fire Department staff to maintain and improve their response skills, This
purchase was anticipated and provided for in this year's budget.
(Trustee Derian arrived at this point, 7:14 p.m.)
Trustee Boltz asked if it would be possible to rent this equipment from another
community. Fire Chief Benoit responded that he looked into this, but the equipment is
not readily available, and this purchase is the more cost effective option.
MOVED BY CREPS, SECONDED BY BOLTZ, to purchase an advanced patient
simulator, a vitals control unit, and a 12 lead simulator for Fire Department
medical training, in the total amount of $8,757.47, as recommended.
MOTION CARRIED UNANIMOUSLY.
Chief Benoit noted that Oakland Township's paramedics were recently recognized for
being the best responders in Oakland County,
CIDER MILL VENDOR
Supervisor Fogler recalled that the Board recently authorized Manager Creech to
negotiate with Mr. Steinheiser regarding the lease of the cider mill aspect of the Paint
Creek Cider Mill.
Manager Creech reported that he met with Mr. Steinheiser. The proposed lease covers
the period of September 1, 2008, through November 30, 2008, and contemplates that the
tenant may also sell pastries and coffee in the mornings during that period. Rent shall be
$1,500 per month.
42
CHARTER TOWNSHIP OF OAKLAND BOARD OF TRUSTEES
July 22, 2008
The Township and tenant may revisit this matter upon the expiration of the lease.
The Board was pleased with this proposal.
MOVED BY DERIAN, SECONDED BY PLATZ, to accept the lease for the
rental of the cider mill aspect of the Paint Creek Cider Mill as proposed.
MOTION CARRIED UNANIMOUSLY.
TOWNSHIP MANAGER'S REPORTS
Township Engineering Consultant
Manager Creech stated that Township Engineer Michael Kalinowski's firm has joined
with the firm of Professional Engineering Associates ("PEA"). Mr. Kalinowski and Mr.
Hocking will still provide engineering services to Oakland Township, and the Township
will now also enjoy the resources available through PEA.
Bonding
Manager Creech will prepare a press release regarding this matter.
Paint Creek Cider Mill
This project is progressing well, and the skylights and elevator have recently been
installed.
Detroit Water and Sewerage Department
Manager Creech shared a map showing the route of the water line as it would be
extended through Oakland Township, as well as some ancillary water/sewer-related
projects that will be done in the Township.
ATTORNEY'S REPORT
Storinwater Permit
Attorney Joppich recalled that at the last meeting the Board had adopted a resolution
authoring the Township's legal counsel to initiate legal action to contest the proposed
Wastewater Discharge General Permits for Municipal Separate Storm Sewer Systems
before the Michigan State Office of Administrative Hearings. He has done this.
However, he said the Michigan Department of Environmental Quality ("MDEQ") has
recently taken the position that a municipality must still file an application, even if it
chooses to contest the new permit, The Township will now have to file an application in
a timely manner.
43
CHARTER TOWNSHIP OF OAKLAND BOARD OF TRUSTEES
July 22, 2008
TRUSTEE BOLTZ'S REPORT
"Greening" of the Township
Manager Creech said he reviewed the proposed amended Zoning Ordinance, No. 16.
There are some definitions that refer to wind or solar power mechanisms, and he and the
consultants are reviewing provisions and restrictions for such items. He continued that
the current ordinance requires that a franchise be granted by the Township for generation
of electricity for public use, so such mechanisms would only be allowed for private
residences and would be covered by the Building Code, He anticipates the Township
will include something additional provisions in the new Zoning Ordinance,
Trustee Boltz commented that it is still important for the Township to consider the
aesthetics of devices like this. She said it would be good to learn what other
municipalities are doing to regulate such devices so that Oakland Township can be
proactive.
TRUSTEE EDWARDS'S REPORT
Safety Paths and Trails Committee
Trustee Edwards reported that the Safety Paths and Trails Committee met today with a
representative from the Road Commission for Oakland County, The Committee is
trying to identify and understand the issues that they need to consider, and determine
priorities.
CLERK PLATZ'S REPORT
Primary Election
Clerk Platz cautioned voters that they must limit their votes to one or the other party, or
their ballot will not be able to be considered.
TRUSTEE THOMAS'S REPORT
Paint Creek Trailways Commission
Trustee Thomas reported that the Trailways Commission is looking into acquiring
property to the south, beyond the Rochester Hills Public Library.
44
CHARTER TOWNSHIP OF OAKLAND BOARD OF TRUSTEES
July 22, 2008
APPROVAL OF INVOICES
The Board reviewed the list of invoices.
MOVED BY DERIAN, SECONDED BY BOLTZ, to approve payment of the
invoices as presented.
MOTION CARRIED UNANIMOUSLY.
A copy of the list of invoices is attached as a part of these minutes.
ADJOURNMENT
There being no further business before the Board, the meeting was adjourned at
7:35 p.m.
Respectfully submitted, Approved,
•
'0-&46k,
Ingrid R. R. Kliffel Lisa M. Platz
Recording Secretary Clerk
45
,
CHARTER TOWNSHIP OF ORION BOARD OF-TRUSTEES
MINUTES, REGULAR MEETING, WEDNESDAY, JULY 30, 2008
8. CONSENT AGENDA
C. TORNADO SIREN INTERLOCAL AGREEMENT. Authorized the Supervisor to
sign, on behalf of Orion Township, the Severe Weather Warning System Interlocal
Agreement between Oakland County and the Townships of Addison. Oakland_ Orion ,
and Oxford, as presented, for the purchase and installation of a new tornado siren in the
area of Indian Lake Road and Barr Road, to be jointly funded by Orion ($4,312.50)
Oakland, Oxford, and Addison Townships and Oakland County, contingent upon a
satisfactory review of the Agreement by Township legal counsel.
Moved by Gibb, seconded by Young, to approve the Consent Agenda as amended.
AYES: Porter, Garlicki, Bastian, Steimel, Young, Gibb Dywasuk. NAYS: None.
MOTION CARRIED: 7 — 0.
Certification: I, Jill D. Bastian, duly elected Clerk of the Charter Township of Orion, do
hereby certify that the foregoing is a true copy of the minutes of a regular meeting of the
Charter Td-whip of Orion Board of Trustees, held Wednesday, July 30, 2008.
z
1D. Bastian, Clerk
_ haver Township of Orion
Date: g 05.a
'
Board of Trustees May 19, 2008
DEPARTIVIENT REPORTS:
Department reports are available at the Township offices.
AGENDA:
MOTION by Trustee Sutphin; supported by Trustee Sypitkowski to approve the agenda as written.
Ayes 7 Nays 0
Motion Carried.
ORDER OF BUSINESS:
1. CONSENT AGENDA
a. Minutes: April 21,2008
b. Bills as paid for April, 2008,
c. Fireworks: Wedding display on July 3, 2008 (Addison Oaks)
MOTION by Trustee Brakefield; supported by Trustee Sutphin to approve the Consent Agenda as
written.
Ayes 7 Nays 0
Motion carried.
2. PUBLIC HEARING: SPECIAL ASSESSMENT DISTRICT / TU VAN TRAIL
Supervisor Koski said the purpose of the first Public Hearing and resolution is to allow the Township
Board to hear objections to creating a special assessment district, the sufficiency of the petition and
the necessity of the improvement. The second hearing will be in June for confirmation of the roll.
Appearance and/or written objections must be filed before the end of the public hearing on the
special assessment, from property owners or parties of interest in the benefiting property, in order to
appeal the assessment to the Michigan Tax Tribunal. There are 15 parcels and 11 signatures. Proper
notice of the hearing has been published in the Oxford Leader on May 7 th and May 14th and has
been mailed by first class mail to each property owner within the proposed assessment district.
Public Hearing Opened (7:38)
No one in the audience from Tu Van Trail
Public Hearing Closed (7:39)
MOTION by Clerk Bennett; supported by Treasurer Alberty to approve resolution for Tu Van Trail.
On a roll call vote:
Ayes 7 Nays 0
Motion carried.
Board of Trustees May 19, 2008 3
3. AMER! SCAN IMAGING SERVICES
Clerk Bennett said originally Kevin was going to obtain additional information before he gave final
bid. Minutes on Demand bid is firm at $1,200.00.
MOTION by Trustee Brakefield; supported by Trustee VonDrak to accept bid from Kevin Serbenski
AmeriScan for minutes on demand from 101.103.883.002 for $1,200.00,
On a roll call vote:
Ayes 7 Nays 0
Motion carried.
4, EXPENDITURE: BIDS ON CEMETERY
A. Fence Bid
Supervisor Koski said he is seeking permission to get bids on fence.
MOTION by Trustee Brakefield; supported by Trustee Sypitkowski to authorize Administration to seek
bids for cemetery fence.
Ayes 7 Nays 0
Motion carried.
B. Tractor
Supervisor Koski talked to Art Bumy and he has been supplying his own tractor.
Clerk Bennett said this was not in budget so they need to watch cemetery budget in future. Cost is
$8,250.00.
MOTION by Trustee Brakefield; supported by Treasurer Alberty to authorize purchase not to exceed
$8,400.00 from account 101-276-931-000.
On a roll call vote:
Ayes 7 Nays 0
Motion Carried.
5. HEALTH INSURANCE — MEDICAL PLAN OPTIONS FOR 2008
Treasurer Alberty said now in Community Blue # 10, agent recommended Community Blue #14 —
higher deductibles but does away with split. Looked at health reimbursement but would have to fund
it up front. He suggests staying with Plan #10 because of on going negotiations with Fire
Department.
Robert Davis said the Union said they would send some attractive health plans but haven't received
anything yet. Increase temporarily paid by employees and Board will make adjustments after
situation is resolved.
Clerk Bennett can we change to #14 and is this for full amount of increase?
TI-IM IS A CERTIFI#O COPY
LIcorpLiistraSior.1 HIP cLEP
Nays 0
Board of Trustees May 19, 2008 4
Robert Davis said to stay with what you have and look at reimbursing co-pay.
MOTION by Trustee Brakefield; supported by Trustee Sypitkowski to stay with Community Blue 31] 0,
with employees picking up 20% and can re-visit retroactively.
Treasurer Alberty said it doesn't mean we won't go back and reimburse that.
Robert Davis said we can sign up with employees making payment and can reimburse it later.
On a roll call vote:
Ayes 7 Nays 0
Motion carried,
6. C.D.B.G COOPERATIVE AGREEMENT 2009 — 2011 / RESOLUTION
MOTION by Trustee Brakefield; supported by Treasurer Alberty to adopt resolution.
On a roll call vote:
Ayes 7 Nays 0
Motion carried.
7. ICNEBLER EXCAVATING; CEMETERY OPERATIONS FEE MODIFICATION
Supervisor Koski said this is a request for a fee modification.
Clerk Bennett said this is for two things: current contract to increase $35.00 for opening and closing
and to authorize the Clerk to change fees to $460 with $385 going to Knebler.
MOTION by Trustee Braketield; supported by Trustee Sutphin to accept increase in Knebler contract
and Township fees,
On a roll call vote:
Ayes
Motion Carried.
7 Nays
8. SIREN PROPOSAL: INDIAN LAKE AND BARR ROADS
Supervisor Koski said the siren is to be located at the corner of four Townships' and County is
asking each pay 25% of $16,000.00.
MOTION by Supervisor Koski; supported by Trustee Brakefield to approve 25% from
101,103.883.104.882
On a roll call vote:
Ayes 7
Motion Carried.
Board of Trustees May 19, 2008 5
9. FIRE BOARD BY-LAWS
Supervisor Koski said attorneys have reviewed.
Robert Davis said page 3 after Township Board the following should be added, "review, discussion
and potential approval".
MOTION by Treasurer Alberty; supported by Trustee Brakefield to adopt Addison Township Fire Board
By-Laws as corrected.
Ayes 7 Nays 0
Motion carried.
10. INSPECTION OF CMS AND CONSENT JUDGMENT WITH BOND RELEASE
Robert Davis said all notices in place, CMS has completed their work. Ann Purdy has put proposal
together and concern was insurance.
Supervisor Koski sent an email to MMRMA Friday, hasn't received response in writing —
representative has indicated over the phone that indemnity is covered.
Robert Davis said if Ann's doing work and CMS makes a claim it would be covered under
Township's indemnity insurance.
MOTION by Treasurer Alberty; supported by Trustee Sutphin to allow Supervisor to execute contract
with Ann Purdy subject to policy indemnity.
Motion withdrawn.
Clerk Bennett said original contract was approved.
Treasurer Alberty said we only have so long after CMS has notified us that they are done.
Robert Davis said Consent Judgment called for certain things to be done — main thing for Ann is to
go out and make sure things are done. Consent Judgment said what would be in place. We need
someone to say things have been done. If there's a problem, asked to fix under bond, if not refund
bond. Contract reflects Consent Judgment and Ms. Purdy will review site and refer back to contract.
MOTION by Trustee Sypitkowski; supported by Trustee Sutphin to accept proposal from Pathfinder
Geological, Inc. subject to attorney verification of contract which accommodates this contract and
indemnity insurance verified.
On a roll call vote:
Ayes 7 Nays 0
Motion Carried.
SUPERVISOR'S REPORT
Supervisor Koski gave Schoensheck's report on the office complex roof
'rhe Police Sergeant asked about putting candy machine in office hall by pop machine.
6 Board of Trustee's May 19, 2008
Chief Spencer brought in Mutual Aid contract. Will get copy to Board for review.
TRUSTEE REPORTS
Trustee Brakefield said he received a letter from a concerned resident regarding Fire Department.
Chief Spencer said emergency 91 1 phone was working at both stations but audio wasn't coming back.
Phones on Centrex system and it referred it back to Township address that has been corrected.
Discussion on station duty 24/7. How often they can go home and work outside of station.
LEGAL COUNSEL REPORT
None
COMMUNICATIONS
Letter referenced by Trustee Brakefield.
PUBLIC FORUM:
Pauline Blanka, Trustee from Leonard and PAT Counsel, said the date of the PAT meeting is after this
meeting.
Trustee Brakefield said we requested action item in June to join or not. Four items from last meeting
plus proof that equestrian trail will go in.
Bob Godkin thought Ed was dealing with DNR.
Pauline Blanka talked to DNR and found out they were waiting for us to clear trail — that has been done.
Lynn Boehmer asked if Township will pay for plants if garden club plants them.
Clerk Bennett told her to submit bill to Board for approval.
MOTION by Trustee Sypitkowski; supported by Treasurer Alberty to adjourn.
Meeting adjourned at 8:55 pm.
Respectfully submitted,
Cheri Pozzi Pauline Bennett
Recording Secretary Clerk
107,22/7468 01: 42 2486288139 7OWNSHIP OF OXFORD PAGE 02/a4
179
CHARTER TOWNSHIP OF OXFORD BOARD OF TRUSTEES REGULAR MEETING,
WEDNESDAY, JULY 9, 2008
A Regular Meeting of the Charter Township of Oxford Board of Trustees held Wednesday, July 9,
2008 at the Oxford Veterans Memorial Civic Center.
Members Present: Behnke, Sanderson, Diann, Ferrari, Kniffen, Bellairs, Fitehena
Members Absent: None
Also PreSellt: Recording Secretary McCullough, Engineer Sharpe, Fire Chief LeRoy, Assistant Fire
Chief Scholz, Administrative Assistant Payne, Planning Commissioner Kum-Alla, Oxford Schools
Superintendent Dr. Ski 1.1 ing, Parks End Recreation Director Davis, Joe Kosik, Jr:-JFK. Investment
Co., C.J. Carnacchio-Oxford Leader, and approximately ten citizens.
Supervisor Dunn called the meeting to order at 7:30 p.m.
APPROVAL OF THE AGENDA
Supervisor Dunn requested that agenda item no. ha. Renaming of a Private Drive, Plexus Drive
under New Business be postponed until the August 13, 2008 meeting.
Treasurer Ferrari moved, Trustee Behnke seconded to approve the July 9, 2008 agenda as
amended above.
Ayes: 7 Nays: 0 Absent: 0 Motion Carded
PUBLIC CQMMENT ON ITEMS NOT ON THE AGENDA
None,
APPROVAL OF CONSENT AGENDA
Treasurer Ferrari moved, Trustee Kniffen seconded to approve the Consent Agenda with the
removal of the Consultant Bills.
Ayes: Dunn, Kniffen, Bellairs, Fitchcna, Ferrari
Nays: Sanderson, Behnke
Absent: None
Motion Carried
PRADTI\TC, Ar ADOPTION OF PROPOSED ORDINANCE NO, I05a005: AN
fIR rgNANC.F. AMF.ND ORD1NANCR NO. I 0511 WATER SUPPLY OI:LDTNANCE TO
Egaii2L_Arvi
Treasurer 11-errari moved, Trustee K.niffen seconded to approve the Second Reading and Adopt
Ordinance N4. 1053.005, effective thirty (30) days from the date of publication -
Ayes: Behnke, Sanderson, Ferrari, Fitchena, Bellairs„ Kniffen, Dunn
Nays: None
Absent: None
Motion Carried.
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13/22/?0158 01:42 2486288139 TOWNSHIP OF OXFORD PAGE 03/04
181
CHARTER TOWNSHIP OF OXFORD BOARD OF TRUSTEES REGULAR MEETING,
WEDNESDAY, JULY 9, 2008
Treasurer Ferrari moved, Clerk Sanderson seconded to include the changes as referenced in the
inemorand.um from Tovvuship Attorney .Kaye dated 07-09-08 arid correct any typographical errors
as needed,
Ayes: Ferrari, Fitchena, Dunn
Nays: Behnke, Bel lairs, Kniffen, Sanderson
Absent: None
Motion failed,
FIRE DEPARTMENT
RETIREMENT OF ,IORN .Fl. LEROY, FIRE CHIEF
Treasurer Ferrari. moved, Trustee Kniffen seconded to honor the requk:st of Fire Chief John .H.
LeRoy to retire as of October 31, 2008 and directed Supervisor Dunn to draft a Resolution
honoring Chief LeRoy's years of service to the Oxford Fire Department and Oxford Police
Department.
Ayes: 7 Nays: 0 Absent: 0 Motion Carried
Trustee Fitohena moved, Tiustee Behnke seconded to consider the request of Fire Chief LeRoy to
enter into negotiationa with Assistant Fire Chief Peter Scholz regardin..g his appointment as Fire •
Chief.
Ayes: Fitchena, Bellairs, Kniffen, Ferrari, Sanderson, Behnke
Nays: Dunn
Absent: None
Motion Carried
Treasurer Ferrari moved, Trustee Kniffen seconded to direct Supervisor Dunn to negotiate a contract
for Fire Chief with Assistant Fire Chief Peter Scholz to be effective November 1., 2008.
Ayes: 6 Nays: 1 Absent: 0 Motion Carried.
TORNADO SIREN AT INTERSECTION OF I3A.RR ROAD _AND INDIAN LAKE ROAD
Treasurer Ferrari moved, Trustee 1(6f -fen seconded to participate with Orion Township, Addison
Township and Oakland Township to fund the placement of a tornado siren at the intersection. of Barr
Road and Indian Lake Road, at a cost to Oxford Township of approximately $4,125.00 with the funds
to come from the General Fund.
Ayes: Fitchena, Beilairs, Kniffen, Ferrari, Dunn, Sanderson, Behnke
Nays: None
Absent: None
Motion Carried.
PROPOSED RESOLUTION IN OPPOSITION TO NATIONAL EMS STANDARDS
Treasurer Ferrari moved, Trustee Fitchcna seconded to adopt the following resolution:
WHEREAS, National EMS Education Standards are proposed to replace the current
National Highway Transportation and Safety Administration Standard curricula at all
licensure Levels; and
1V22.1 .VOUU 01:42 2466288139 TOWNSHIP OF OXFORD PAGE d4/N
183
CHARTER TOWNSHIP OF OXFORD BOARD OF ',1:RUSTEES REGULAR MEETING,
WEDNESDAY, AMY 9, 200S
Trustee Kniffen moved, Trustee Fitchena seconded to direct Supervisor Dunn to instruct the
Ordinance Review Sub Committee to revisit the Sign Ordinance and make the necessary changes
regarding this matter.
Ayes: 7 Nays: 0 Absent: 0 Motion Carried,
ITEMS REMOVED FROM THE—CONSELLAGE
CONSULTANT BILLS
Treasurer Ferrari moved, Clerk Sanderson seconded to approve the Consultani:13illg as presented
Ayes: Fitchena, Dunn, Sanderson, Behnke
Nays: Bellairs, Knitter), Ferrari
Absent: None
Motion Carried
BOARD OF TRUSTEE COMMENTS
Trustee Fitehena congratulated Susan McCullough and her husband for saving a drowning boy.
ADJOURNMENT
Trustee Ferrari moved, Trustee Behnke seconded to adjourn at 9:05 pm.
,„ Ayes .. 7 Nays: 0 Absent 0 Motion Carried.
William Dunn, Supervisor Clara J. Sand
Date Approved
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