LP Council Packet - 01 03 2012

8/3/2019 LP Council Packet - 01 03 2012

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AGENDA

COUNCIL MEETING

JOHN A. ALOISI COUNCIL CHAMBERS

TUESDAY, JANUARY 3, 2012

I. MEETING CALLED TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

IV. ROLL CALL

V. MAYORS REMARKS

VI. APPROVAL OF MINUTES:

1. Regular Meeting held 12-19-11

2. Special Meeting held 12-19-11

VII. APPOINTMENTS: Public Safety Commission

VIII. OPEN BIDS: Police Vehicles

1. Refer above Bids

IX. ACCOUNTS & CLAIMS PAYABLE

X. NEW BUSINESS:

1. Amend Chapter 1450/Flood Damage Prevention

2. Amend Energy Office Community Alliance3. Electronic Transfer/Municipal Employment Retirement System

4. Schedule Special Meeting/Interview City Manager Applicants

XI. CITIZENS COMMUNICATIONS

XII. ORAL REPORTS OF THE MAYOR AND COUNCIL

XIII. CITY MANAGERS REPORT

XIV. ADJOURN

PATRICIA KRAUSE, MAYOR DONNA BREEDING, CITY CLERK

ALL PAPERWORK IS DUE THE MONDAY PRIOR TO THE COUNCIL MEETING


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PROPOSED RESOLUTION

LINCOLN PARK CITY COUNCIL

DATE: 1-3-2012

MOVED: Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, Mayor Krause

SUPPORTED: Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, Mayor Krause

PLEDGE OF ALLEGIANCE TO THE FLAG.

INVOCATION by Pastor Patrick Bossio of CHRIST Family Fellowship

Church

ROLL CALL

MAYORS REMARKS

____________________________________________________________________________________

YES: Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, Mayor Krause

NO: Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, Mayor Krause

ABSTAINED: Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, Mayor Krause


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PROPOSED RESOLUTION


DATE: 1-03-2012



RESOLVED, that the minutes of the Regular Meeting held under the dateof December 19, 2011 be approved as recorded.

BE IT FURTHER RESOLVED, that the minutes of the Special Meeting heldunder the date of December 19, 2011 be approved as recorded.

(Note: Closed meeting re: Labor Negotiations held 12-19-11 at 7:04 pm

& Closed Meeting re: Pending Litigation held 12-19-11 at 9:41 pm)

____________________________________________________________________________________


NO: Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, Mayor KrauseABSTAINED: Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, Mayor Krause


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Lincoln Park, Michigan

December 19, 2011

SPECIAL MEETING

The meeting was called to order at 7:00 p.m., Mayor Patricia Krause presiding

PRESENT: Councilpersons Tracy Bush, Mario DiSanto, Joseph Kaiser, Mark Kandes, Suzanne

Moreno and Thomas Murphy

ALSO PRESENT: Labor Attorney Howard Shiffman, Acting City Manager Lisa Griggs and

City Clerk Donna Breeding

RESOLUTION 2011-287 Recess for Closed Meeting

By Councilman DiSanto, supported by Councilwoman Moreno

RESOLVED, that the Mayor and City Council recess this Special Meeting to meet in ClosedSession to discuss labor negotiations at 7:04 p.m.

Motion unanimously carried.

Adjourn

Lincoln Park, Michigan

December 19, 2011

REGULAR MEETING

The meeting was called to order at 7:30 p.m., Mayor Patricia Krause presiding

Pledge of Allegiance to the Flag

Invocation by Pastor Gary Schippling of Blessed Hope Church

PRESENT: Councilpersons Tracy Bush, Mario DiSanto, Joseph Kaiser, Mark Kandes,

Suzanne Moreno and Thomas Murphy

ALSO PRESENT: Acting City Manager Lisa Griggs, Attorney Ed Plato and City Clerk

Donna Breeding

Mayors Remarks

RESOLUTION 2011-288 Minutes

By Councilman Kandes, supported by Councilwoman Moreno

RESOLVED, that the minutes of the Regular Meeting held under the date of December 5, 2011be approved as recorded.


(NOTE: Closed Mtg. held 12-5-11 immediately following the Council Meeting re: CityManager recruitment search resumes)

RESOLUTION 2011-289 Minutes/Study Session

By Councilwoman Bush, supported by Councilwoman Moreno


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RESOLVED, that the minutes of the Study Session held under the date of 12-12-11 at 7:30 p.m.regarding Duties & Responsibilities of the City Manager be approved as recorded.


RESOLUTION 2011-290 Appt/Historical Commission

By Councilman DiSanto, supported by Councilwoman Bush

RESOLVED, that James Goodell, of 942 Progress be appointed to the Historical Commission.Term to expire 5/30/15.


RESOLUTION 2011-291 Appt/Historical Commission

By Councilman DiSanto, supported by Councilman Kandes

RESOLVED, that Joseph Turinsky of 507 Lincoln is hereby appointed to a one year term as amember of the Historical Commission, to fill the unexpired term of Margaret Flynn. Said termto expire May 30, 2013.


CONTINUED DECEMBER 19, 2011

PRESENTATION: Holiday Lights Award Winners: 2044 Austin, 937 New York, 1073 Pagel,LP Community Credit Union-1808 Emmons and Fort St. Denistry 4009 Fort St.

RESOLUTION 2011-292 Accounts & Claims Payable


RESOLVED, that the Accounts & Claim Payable as presented by the Finance Director to theMayor & Council be approved as follows:

Warrant Report: $2,151,982.92


RESOLUTION 2011-293 National Flood Insurance Program

By Councilman Kandes, supported by Councilwoman MorenoWHEREAS, the City of Lincoln Park, Michigan in Wayne County currently participates in theFederal Emergency Management Agencys (FEMAs) National Flood Insurance Program (NFIP)by complying with the programs applicable statutory and regulatory requirements for thepurposes of significantly reducing flood hazards to persons, reducing

property damage, and reducing public expenditures, and providing for the availability of floodinsurance and federal funds or loans within its community, and

WHEREAS, the NFIP requires that floodplain management regulations must be present andenforced in participating communities, and utilize the following definitions which also apply forthe purposes of this resolution:

1. Flood or Flooding means:

a. A general and temporary condition of partial or complete inundation of normallydry land areas from: 1) the overflow of inland or tidal waters, 2) the unusual and

rapid accumulation or runoff of surface waters from any source, 3) mudflows, and

b. The collapse or subsidence of land along the shore of a lake or other body of water

as a result of erosion or undermining caused by waves or currents of water

exceeding anticipated cyclical levels or suddenly caused by an unusually high

water level in a natural body of water, accompanied by a severe storm, or by an

unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by

some similarly unusual and unforeseeable event which results in flooding, as

defined in paragraph (a)(1) of this definition.


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2. Flood Hazard Boundary Map (FHBM) means an official map of a community, as may

have been issued by the FEMA, where the boundaries of the flood, mudslide

(i.e., mudflow) related erosion areas having special hazards have been designated as

Zone A, M, and/or E.

3. Floodplain means any land area susceptible to being inundated by water from any

source (see definition of flooding).

4. Floodplain management means the operation of an overall program of corrective and

preventive measures for reducing flood damage, including but not limited to

emergency preparedness plans, flood control works, and floodplain management

regulations.

5. Floodplain management regulations means zoning ordinances, subdivision

regulations, building codes, health regulations, special purpose ordinance (such as a

floodplain ordinance, grading ordinance and erosion control ordinance), and other

applications of police power that provide standards for the purpose of flood damage

prevention and reduction.

6. Structure means a walled and roofed building that is principally above ground, gas or

liquid storage facility, as well as a mobile home or manufactured unit.

WHEREAS, the Stille-Derossett-Hale Single State Construction Code Act, Act No. 230 of the

Public Acts of 1972, as amended (construction code act), along with its authorization of the stateconstruction code composed of the Michigan Residential Code and the Michigan Building Code[and its Appendices (specifically Appendix G)] contains floodplain development andmanagement regulations that comply with the FEMA NFIP minimum floodplain managementcriteria for flood prone areas, as detailed in Title 44 of the Code of Federal Regulations (44CFR), Section 60.3, and

WHEREAS, by the action dates of this document or an existing historical ordinance adoptionaction dated October 10, 1982, the community affirms/accepted the responsibility to administer,apply, and enforce the provisions of the construction code act and the state construction code,specifically the Michigan Residential Code and the Michigan Building Code, to all constructionwithin its community boundaries, and

NOW THEREFORE, to maintain eligibility and continued participation in the NFIP,1. The community directs its construction code act designated enforcing agency,

Building Superintendent, to administer, apply, and enforce the floodplain

management regulations as contained in the state construction code (including

Appendix G) and to be consistent with those regulations by:

a. Obtaining, reviewing and reasonably utilizing flood elevation data available from

federal, state or other sources pending receipt of data from the FEMA to identify

the flood hazard area and areas with potential flooding.

b. Ensuring that all permits necessary for development in floodplain areas have been

issued, including a floodplain permit, approval, or letter of no authority from the

Michigan Department of Environmental Quality under the floodplain regulatory

provisions of Part 31, Water Resources Protection, of the Natural Resources andEnvironmental Protection Act, 1994 PA 451, as amended.

c. Reviewing all permit applications to determine whether the proposed building sites

will be reasonably safe from flooding. Where it is determined that a proposed

building will be located in a flood hazard area or special flood hazard area, the

construction code act enforcing agent shall implement the following applicable

codes according to their terms:

1. Floodplain management regulation portions and referenced codes and

standards of the current Michigan Residential Code.

2. Floodplain management regulation portions and referenced codes and


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standards of the current Michigan Building Code.

3. Appendix G of the current Michigan Building Code.

d. Reviewing all proposed subdivisions to determine whether such proposals are

reasonably safe from flooding and to ensure compliance with all applicable

floodplain management regulations.

e. Assisting in the delineation of flood hazard areas; providing information

concerning uses and occupancy of the floodplain or flood-related erosion areas,

maintaining floodproofing and lowest floor construction records, cooperating with

other officials, agencies, and persons for floodplain management.

f. Advising FEMA of any changes in community boundaries, including appropriate

maps.

g. Maintaining records of new structures and substantially improved structures

concerning any certificates of floodproofing, lowest floor elevation, basements,

floodproofing, and elevations to which structures have been floodproofed.

2. The community assures the Federal Insurance Administrator (Administrator) that it

intends to review, on an ongoing basis, all amended and revised FHBMs and Flood

Insurance Rate Maps (FIRMs) and related supporting data and revisions thereof and

revisions of 44 CFR, Part 60, Criteria for Land Management and Use, and to make

such revisions in its floodplain management regulations as may be necessary tocontinue to participate in the program.

3. The community further assures the Administrator that it will adopt the current

effective FEMA Flood Insurance Study (FIS), FHBMs, and/or the FIRMS by

reference within its Floodplain Management Map Adoption Ordinance or similarly

binding ordinance documentation.


RESOLUTION 2011-294 Proposed Ord. Amend./Chap. 1450

By Councilman Kandes, supported by Councilwoman Bush

RESOLVED, that AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY

OF LINCOLN PARK BY REPEALING SECTIONS .06 and.17 OF CHAPTER 1450 ANDREPLACING IT WITH A NEW SECTIONS .06 and.17 OF CHAPTER 1450 ENTITLED 06AREAS OF SPECIAL FLOOD HAZARD AND .17 FLOODWAYS, be given its first andsecond reading by TITLE ONLY.

THE CITY OF LINCOLN PARK ORDAINS:That the Codified Ordinances be amended by repealing and replacing Chapter 1450 .06 and .17Motion unanimously carried.

RESOLUTION 2011-295 Set Public Hearing/CDBG Budget

By Councilman DiSanto, supported by Councilwoman Moreno

RESOLVED, that a Public CDBG Budget Hearing is hereby scheduled for Tuesday, February

21, 2012, starting at 6:30 pm to be held in the John A. Aloisi City Council Chambers of CityHall. The public is invited to attend and give testimony as to how the upcoming fiscal yearCDBG budget should be allocated and a notice shall be placed in the official newspaper for theCity and posted in City owned buildings.BE IT FURTHER RESOLVED, that Donald Cook, Director of Community Development is authorizedand directed to prepare the Annual Action Plan and Environmental Review Record and submit same toHUD for review and approval.Motion unanimously carried.

RESOLUTION 2011-296 Job Description/City Manager


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WHEREAS, the Mayor and Council determined the need to revisit the Job Description for theappointed position of City Manager, and

WHEREAS, a Study Session was held on December 12, 2011 to discuss and determine whatchanges if needed would be recommended, andWHEREAS, after careful consideration duties previously listed were clarified and or expandedupon.THEREFORE BE IT RESOLVED, that the Mayor and Council hereby approve the newlyrevised City Manager Job Description effective immediately.Motion unanimously carried.

RESOLUTION 2011-297 Set Clsd. Mtg/City Manager ResumesBy Councilwoman Moreno, supported by Councilwoman BushRESOLVED, that a Closed Meeting of the Mayor and Council be held at 6:30 p.m. on Monday,January 9, 2012, to be held in the Conference Room of City Hall to discuss the City Managerrecruitment resumes. MML Representative Bob Hamilton to be in attendance.Motion unanimously carried.

RESOLUTION 2011-298 Bus Driver Service Agreement

By Councilman Kandes, supported by Councilwoman MorenoRESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute theProfessional Service Agreement with the Downriver Community Conference for the provision ofa Senior Bus Driver.Motion unanimously carried.

RESOLUTION 2011-299 Appr Tentative Agree/TPOAM Field Unit

By Councilwoman Bush, supported by Councilwoman MorenoRESOLVED, that the tentative agreement between the City of Lincoln Park and the TPOAMField Unit be approved.Motion unanimously carried.

RESOLUTION 2011-300 Approve Tentative Agree/GELC Unit

By Councilwoman Bush, supported by Councilwoman MorenoRESOLVED, that the tentative agreement between the City of Lincoln Park and the GELC Unitbe approved.Motion unanimously carried.

RESOLUTION 2011-301 Approve Tentative Agree/TPOAM ClericalBy Councilman Murphy, supported by Councilwoman BushRESOLVED, that the tentative agreement between the City of Lincoln Park and the TPOAMClerical Unit be approved.


RESOLUTION 2011-302 Publicly Funded Health Insurance Contr.

By Council President Murphy, supported by Councilman KaiserWHEREAS, PA 152, was recently passed by the State Legislature;WHEREAS, Communities are given essentially three options for complying with therequirements of the Bill, depending on the impact of the Bill on the employees of each publicemployer and the policy decision each community believes is appropriate for it;WHEREAS, those three options are as follows:


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1) Apply the Hard Cap (capped dollar amount each government employer may paytowards an employees healthcare costs);

2) Adopt by majority vote the 80% / 20% cost-sharing model;3) Opt out of the cost-sharing model as set forth in the bill and revisit it prior to the

next year.WHEREAS, the City has determined to Opt-Out, and revisit the issue later because of thehealthcare concessions already made by its employees;NOW, THEREFORE BE IT RESOLVED, that the City of Lincoln Park has elected to comply

with the requirements of the Publicly Funded Health Insurance Contribution Act by adopting theOpt-Out model as set forth in PA 152.Motion unanimously carried.

RESOLUTION 2011-303 Wade Trim InvoicesBy Councilman DiSanto, supported by Council President MurphyRESOLVED, that any further invoices received by Wade Trim will be submitted to the Mayorand Council prior to any disbursement of funds. All invoices must include detailed descriptionof work involved; not limited to hours, personnel, and description of tasks.Motion carried.NO: Councilwoman Moreno

RESOLUTION 2011-304 Set Clsd. Mtg/Cathay House vs. LP

By Councilman DiSanto, supported by Councilwoman BushRESOLVED, that the Mayor and Council hereby schedule a Closed Meeting to discuss apending lawsuit entitled Cathay House, Inc. vs. LP Case #11-012879-NZ to be held in theCouncil conference room immediately following this regular meeting.FURTHER BE IT RESOLVED, that the Department of Public Services Director Bob Bartok,Attorney Ed Plato and Acting City Manager Lisa Griggs be in attendance.Motion unanimously carried.

CITIZENS COMMUNICATIONS

ORAL REPORTS OF THE MAYOR AND COUNCIL

CITY MANAGERS REPORT

There being no further business before the Mayor & Council, the meeting adjourned at 9:40p.m., to reconvene in Closed Session regarding pending litigation - Cathay House vs. City ofLincoln Park.

PATRICIA KRAUSE, MAYOR DONNA BREEDING, CITY CLERK


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Mayoral Appointment

1. Appoint Larry Kelsey to the Public Safety Commission. Term toexpire 1/1/17.


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AGENDA STATEMENT

TO: Mayor & City Council

FROM: Julie Sadlowski City Management Coordinator

SUBJECT: Open & Refer Bids Used Vehicles

DATE: January 3, 2012

CC: City Clerk

PURPOSE: Open bid proposals received for Used Vehicles and refer said bid proposals to thePolice Department for tabulation and recommendation.

FISCAL IMPACT: None at this stage of the bid process.

POLICY CHANGES: None

BACKGROUND: The Police Department is seeking vehicles for special operations. Requestfor Bids was posted on the MITN system.

ATTACHMENTS: Proposed resolution & Bidders List


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PROPOSED RESOLUTION


DATE: January 3, 2012



RESOLVED, that the City Clerk be authorized to open bid proposalsreceived marked USED VEHICLES

RESOLVED, that the bid proposals received marked USED VEHICLESbe referred to the Police Department for tabulation and recommendation.

____________________________________________________________________________________





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AGENDA STATEMENT

TO: Mayor and Council

FROM: Dennis J. Chegash, P.E., Manager of Engineering and Building

SUBJECT: Text Amendments to the Flood Damage Prevention Ordinance, Chapters1450.06, & 1450.17

DATE: December 9, 2011

CC: Lisa Griggs, Interim City Manager

Donna Breeding, City Clerk

Ed Zelenak, City Attorney

Amy Higgins, Assistant City Attorney

PURPOSE: To amend the Flood Damage Prevention Ordinance allowing for theadoption of revised Flood Insurance Rate Maps (FIRM) and a FloodInsurance Study (FIS) as required by the Federal Emergency ManagementAgency (FEMA).

FISCAL IMPACT: None

POLICY CHANGES: None

BACKGROUND: A correspondence was received by the Mayor of Lincoln Park in August2011 requiring the City of Lincoln Park to update its Flood Damage

Prevention Ordinance to fully conform with current Federal standards andto adopt a new FIS and digital FIRM maps. Lincoln Park was given untilFebruary 2, 2012 to adopt these revisions to maintain its active status as aparticipant in the National Flood Insurance Program (NFIP).

Attachments: Revised Flood Damage Prevention Ordinance Sections 1450.06 &

1450.17;

Resolution


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PROPOSED RESOLUTION


Date:

MOVED: COUNCILPERSONS Bush, DiSanto , Kaiser, Kandes, Moreno, Murphy, Mayor Krause

SUPPORT: COUNCILPERSONS Bush, DiSanto , Kaiser, Kandes, Moreno, Murphy, Mayor Krause

****************************************************************

RESOLVED, that AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE

CITY OF LINCOLN PARK BY REPEALING SECTIONS .06 and.17 OF CHAPTER 1450

AND REPLACING IT WITH A NEW SECTIONS .06 and.17 OF CHAPTER 1450

ENTITLED .06 AREAS OF SPECIAL FLOOD HAZARD AND .17 FLOODWAYS, be

given its Third and Final reading and be ADOPTED.

THE CITY OF LINCOLN PARK ORDAINS:

That the Codified Ordinances be amended by repealing and replacing Chapter 1450 .06 and .17as follows: CHAPTER 1450 FLOOD DAMAGE PREVENTION

Section 1450.06 Areas of special flood hazard

The areas of special flood hazard have been identified by the Federal Emergency ManagementAgency in a scientific and engineering report entitled Flood Insurance Study for the City ofLincoln Park, dated February 2, 2012. This study with accompanying Flood Insurance RateMaps and Flood Boundary-Floodway Maps, panel #s 260234, 0264, 0268, 0402, and 0406, arehereby adopted by reference and declared to be a part of this chapter. Such study is on file in theoffice of the Superintendent of the Building Department.

Section 1450.17 Floodways

Located within areas of special flood hazard established in Section 1450.06 are areas designed asfloodways. Since the floodway is an extremely hazardous area due to the velocity of flood waterswhich carry debris, potential projectiles and erosion potential, the following provisions apply:

(a) Encroachments, including fill, new construction, substantial improvements and otherdevelopment within the adopted regulatory floodway, are prohibited, unless it has beendemonstrated through hydrologic and hydraulic analyses performed in accord withstandard engineering practice that the proposed encroachment would not result in anyincrease in flood levels within the community during the occurrence of the base flooddischarge.

(b) If subsection (a) hereof is satisfied, all new construction and substantial improvementsshall comply with all applicable flood hazard reduction provisions of Sections 1450.15and 1450.16

********************************************************************

YES: Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, Mayor Krause.

NO: Bush, DiSanto, Kaiser, Kandes Moreno , Murphy, Mayor Krause.ABSTAINED: Bush, DiSanto, Kaiser , Kandes , Moreno, Murphy, Mayor Krause


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AGENDA STATEMENT

TO: Mayor and Council

FROM: Acting City Manager, Lisa Griggs

SUBJECT: Amendment to Regional Energy Alliance Interlocal Government Agreement

DATE: December 28, 2011

CC: City Clerk

PURPOSE:

To amend the original Interlocal Agreement that was passed on June 20, 2011. The original agreement was enteredinto between Lincoln Park, Roseville, Lathrup Village, South Lyon, and the County of Washtenaw. The City ofSouthgate and the City of Sterling Heights have now also entered into the same agreement and this requires the Cityof Lincoln Park to amend the original agreement. This agreement allows communities additional opportunities forenergy efficiency project funding and enjoy environmental and economic benefits of such projects. The amendmentto this agreement allows additional communities to enter the Alliance without having to amend each time this occurswhich the original agreement did not have language for.

FISCAL IMPACT:

The opportunity for increased revenue opportunities exist for the community of LP and the new Alliance willidentify, seek and administer energy related programs that all members may participate in. There is no fiscalcommitment or obligation of the city.

BACKGROUND:

With our Michigan Suburban Alliance (MESA) partners a sub-organizational unit named the Regional EnergyOffice (REO) was formed to seek specific energy related grants of federal and state funding as well as variousfoundations and civic or environmental groups. The success in Lincoln Park alone was in obtaining over $225,000 ingrant funds for energy efficient lighting.

With the history of success and clear commitments for future growth and development, the MSA board and the REOboard determined that it was appropriate to expand as a separate unit that would expand beyond the metro suburbsand allow participation of all the various types of units of government.

ATTACHMENTS: Copy of Original Resolution passed on June 20, 2011

Copy of New Interlocal Agreement

Proposed Resolution


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PROPOSED RESOLUTION


DATE:

MOVED: COUNCILPERSONS Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, MayorKrause

SUPPORTED:COUNCILPERSONS Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, Mayor Krause

Whereas, various Cities and Counties of Michigan wish to serve their communities by offeringadditional opportunities for energy efficiency project funding and enjoy the environmental andeconomic benefits of such projects; and

Whereas, the Urban Cooperation Act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512,provides for the creation of an interlocal alliance to jointly exercise the powers, privilege,authority that the local governmental units share in common and each might exercise separately.

Whereas, the Property Assessed Clean Energy Act, P.A. 270 of 2010, MCL 460.931 to 460.949,authorizes local units of government to join with other local units of government, or with anyperson, to adopt property assessed clean energy programs and to create districts to promote theuse of renewable energy systems and energy efficient improvements by owners of real property,and providing for the financing of same through voluntary property assessments and permittingthe issuance of governmental bonds or notes to that end; and

Whereas, City of Lincoln Park is created as a municipal corporation and is authorized to enterinto an interlocal agreement under both PA 7 of 1967 and PA 270 of 2010.

Whereas, the original agreement did not provide language to allow for the addition of newcommunities without amending the agreement; the language in the new agreement allows for theaddition of new communities to be added to the agreement without amending the agreement eachtime a community is added.

Therefore, this would be a procedural improvement to the original agreement; and

Now, therefore be it resolved, that the City of Lincoln Park amends the Interlocal Agreementgovernmental entity referred to as the Southeast Michigan Regional Energy Office CommunityAlliance

Be it further resolved, that the Mayor and City Clerk are authorized to execute the Agreementon behalf of the City of Lincoln Park.





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INTERLOCAL AGREEMENT

BETWEEN THE

CITY OF ROSEVILLE

AND THE

CITY OF LATHRUP VILLAGE

AND THE

CITY OF LINCOLN PARK

AND THE

CITY OF SOUTH LYON

AND THE

CITY OF ROSEVILLE

AND THE

CITY OF SOUTHGATE

AND THE

CITY OF STERLING HEIGHTS

AND THE

COUNTY OF WASHTENAW


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This Agreement is entered into under Section 5 of Article 3 and Section 28 of Article 7 ofthe Michigan Constitution of 1963 and the Urban Cooperation Act of 1967, 1967 (Ex Sess) PA7, MCL 124.501 to 124.512 and the Property Assessed Clean Energy Act of 2010, [What abouta reference to Public ActPA 270 of 2010, MCL 460.931 et. seq.], between the CITY OFROSEVILLE, the CITY OF LATHRUP VILLAGE, the CITY OF LINCOLN PARK, the CITYOF ROSEVILLE, the CITY OF SOUTHGATE, the CITY OF SOUTH LYON, the CITY OFSTERLING HEIGHTS and the COUNTY OF WASHTENAW, for the purpose of establishingand creating the SOUTHEAST MICHIGAN REGIONAL ENERGY OFFICE COMMUNITY

ALLIANCE, a separate legal entity and public body corporate and politic to administer andexecute the purposes and objectives of this Agreement.

RECITALS

A. The local government entities wish to serve their communities by offering additionalopportunities for energy efficiency project funding and thus enjoy the environmental andeconomic benefits of such projects.

B. A property assessed clean energy program in each local government would be lessefficient and more expensive than a single program administered cooperatively by a

number of local governments providing services to all local governments.

C. The Urban Cooperation Act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512,provides for the creation of an interlocal alliance to jointly exercise the powers, privilege,authority that the local governmental units share in common and each might exerciseseparately.

D. The Property Assessed Clean Energy Act, P.A. 270 of 2010, MCL 460.931 to 460.949,authorizes local units of government to join with other local units of government, or withany person, to adopt property assessed clean energy programs and to create districts to promote the use of renewable energy systems and energy efficient improvements byowners of real property, and providing for the financing of same through voluntary

property assessments and permitting the issuance of governmental bonds or notes to thatend.

The City of Roseville is created as a municipal corporation and is authorized to enter into aninterlocal agreement under both PA 7 of 1967 and PA 270 of 2010.

The City Council of the City of Roseville approves of the action to enter into this InterlocalAgreement, and prior to such approval the City of Roseville held a public hearing ofwhich notice was provided pursuant to the Open Meetings Act, 267 PA 1976, MCL15.261 to 15.275.

E. The City of Lathrup Village is created as a municipal corporation and is authorized toenter into an interlocal agreement under both PA 7 of 1967 and PA 270 of 2010.

F. The City Council of the City of Lathrup Village approves of the action to enter into thisInterlocal Agreement, and prior to such approval the City of Lathrup Village held apublic hearing of which notice was provided pursuant to the Open Meetings Act, 267 PA1976, MCL 15.261 to 15.275.

G. The City of Lincoln Park is created as a municipal corporation and is authorized to enterinto an interlocal agreement under both PA 7 of 1967 and PA 270 of 2010.


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H. The City Council of the City of Lincoln Park approves of the action to enter into thisInterlocal Agreement, and prior to such approval the City of Lincoln Park held a publichearing of which notice was provided pursuant to the Open Meetings Act, 267 PA 1976,MCL 15.261 to 15.275.

I. The City of Roseville is created as a municipal corporation and is authorized to enter intoan interlocal agreement under both PA 7 of 1967 and PA 270 of 2010.

J. The City Council of the City of Roseville approves of the action to enter into thisInterlocal Agreement, and prior to such approval the City of Roseville held a publichearing of which notice was provided pursuant to the Open Meetings Act, 267 PA 1976,MCL 15.261 to 15.275.

The City of South Lyon is created as a municipal corporation and is authorized to enter into aninterlocal agreement under both PA 7 of 1967 and PA 270 of 2010.

The City Council of the City of South Lyon approves of the action to enter into this InterlocalAgreement, and prior to such approval the City of South Lyon held a public hearing ofwhich notice was provided pursuant to the Open Meetings Act, 267 PA 1976, MCL15.261 to 15.275.

K. The City of Southgate is created as a municipal corporation and is authorized to enter intoan interlocal agreement under both PA 7 of 1967 and PA 270 of 2010.

L. The City Council of the City of Southgate approves of the action to enter into thisInterlocal Agreement, and prior to such approval the City of Southgate held a publichearing of which notice was provided pursuant to the Open Meetings Act, 267 PA 1976,MCL 15.261 to 15.275.

M. The City of Sterling Heights is created as a municipal corporation and is authorized toenter into an interlocal agreement under both PA 7 of 1967 and PA 270 of 2010.

N. The City Council of the City of Sterling Heights approves of the action to enter into thisInterlocal Agreement and prior to such approval the City of Sterling Heights held a publichearing of which notice was provided pursuant to the Open Meetings Act, 267 PA 1976,MCL 15.261 to 15.275.

O. The County of Washtenaw is created as a municipal corporation [Is a county a municipalcorporation?] and is authorized to enter into an interlocal agreement under both PA 7 of1967 and PA 270 of 2010.

P. The Board of Commissioners of the County of Washtenaw approves of the action to enterinto this Interlocal Agreement and prior to such approval the County of Washtenaw helda public hearing of which notice was provided pursuant to the Open Meetings Act, 267PA 1976, MCL 15.261 to 15.275.

Accordingly, the City of Roseville, the City of Lathrup Village, the City of Lincoln Park,the City of South Lyon, the City of Roseville, the City of Southgate, the City of Sterling Heightsand the County of Washtenaw agree to the following:


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DEFINITION

As used in this Agreement:

Section 1.01 Act 7 means the Urban Cooperation Act of 1967, 1967 (Ex Sess) PA 7,MCL 124.501 to 124.512, as amended from time to time.

Section 1.02 Agreement means this Interlocal agreement between the named LocalGovernment Units [and any additional Local Governmental Units subsequently approved forentrance into the Community Alliance as provided in Section 4.05 and Article VII of thisAgreement].

Section 1.03 Budget Act means the Uniform Budgeting and Accounting Act, 1968PA 2, MCL 141.421 to 141.440a, as amended from time to time.

Section 1.04 Community Alliance means the Southeast Michigan Regional EnergyOffice Community Alliance, the public body corporate formed by the Parties to this Agreement.

Section 1.05 Effective Date means the date upon which all of the following are firstsatisfied, as provided under Section 10 of Act 7:

(a) The Agreement is approved by the Governor.

(b) The Agreement is filed with the County Clerk for the County of Oakland,Michigan.

(c) The Agreement is filed with the County Clerk for the County ofWashtenaw, Michigan.

(d) The Agreement is filed with the County Clerk for the County of Macomb,

Michigan.

(e) The Agreement is filed with the County Clerk for the County of Wayne,Michigan.

(f) The Agreement is filed with the Secretary of State.

Section 1.06 Fiscal Year means the fiscal year of the Community Alliance, whichshall begin on October 1 of each year and end on the following September 30.

Section 1.07 FOIA means the Freedom of Information Act, 1976 PA 442, MCL15.231 to 15.246, as amended from time to time.

Section 1.08 Local Governmental Unit means a county, city, village, township, orcharter township.

Section 1.09 OMA means the Open Meetings Act, 1976 PA 267, MCL 15.261 to15.275, as amended from time to time.

Section 1.10 Party or Parties means either individually or collective asapplicable, the City of Roseville, the City of Lathrup Village, the City of Lincoln Park, the Cityof Roseville, the City of Southgate Lyon, the City of Sterling Heights or the County of


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Washtenaw as each is a signatory to this Agreement and any additional Local GovernmentalUnits approved for entrance to the Community Alliance as provided in Section 4.05 and ArticleVII of this Agreement.

Section 1.11 Person means an individual, authority, limited liability company,partnership, firm, corporation, organization, association, joint venture, trust, governmental entity,Public Agency, or other legal entity.

Section 1.12 Public Agency means, as defined in part in Act 7, a politicalsubdivision of this state or of another state of the United States or of Canada, including, but notlimited to, a state government, a county, city, village, township, charter township, school district,single or multipurpose special district, or single or multipurpose public authority, a provincialgovernment, metropolitan government, borough, or other political subdivision of Canada, anagency of the United States government, or a similar entity of any other states of the UnitedStates and of Canada.

Section 1.13 State means the State of Michigan.

PURPOSESection 2.01 Purpose. The purpose of this Agreement is to create and empower theCommunity Alliance to jointly exercise the powers, duties, functions and responsibilities whichthe Parties to this Agreement share in common related to the promotion of renewable energy andenergy efficiency in Southeast Michigan.

CREATION OF COMMUNITY ALLIANCESection 3.01 Creation and Legal Status of the Community Alliance. The

Community Alliance is established as a separate legal entity and public body corporate politic to be known as the Southeast Michigan Regional Energy Office Community Alliance for the

purposes of acting as an authority pursuant to Act 7 and administering and executing thisAgreement.

Section 3.02 Principal Office. The principal office of the Community Alliance is at22757 Woodward Avenue, Suite 250. Ferndale, MI 48220.

Section 3.03 Title to Community Alliance Assets. Except as otherwise provided inthis Agreement, the Community Alliance shall have exclusive title to all of its property and noParty shall have an ownership interest in Community Alliance property.

Section 3.04 Tax-exempt Status. The Parties intend the activities of the CommunityAlliance to be governmental functions carried out by an instrumentality or political subdivisionof government as described in Section 115 of Internal Revenue Code of 1986, 26 USC 115, orany corresponding provisions of any future tax code. The Parties also intend the activities of theCommunity Alliance to be governmental functions carried out by a political subdivision of thisState, exempt to the extent provided under Michigan law from taxation by this State, including,but not limited to, the Michigan business tax under the Michigan Business Tax Act, 2007 PA 36,MCL 208.1101 to 208.1601, and property taxes under General Property Tax Act, 1893 PA 206,MCL 211.1 to 211.157 or corresponding provisions of future State tax laws.

Section 3.05 Compliance with Law. The Community Alliance shall comply with allfederal and State laws, rules, regulations, and orders applicable to this Agreement.


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Section 3.06 Relationship of Parties. The Parties agree that no Party shall beresponsible, in whole or in part, for the acts of the employees, agents, and servants of any otherParty, whether acting separately or in conjunction with the implementation of this Agreement.The Parties shall only be bound and obligated under this Agreement as expressly agreed to byeach Party. No Party may obligate any other Party.

Section 3.07 No Third-Party Beneficiaries. Except as otherwise specificallyprovided, this Agreement does not create in any Person, other than a Party, and is not intended to

create by implication or otherwise, any direct or indirect benefit, obligation, duty, promise, rightto be indemnified (such as contractually, legally, equitably, or by implication), right to besubrogated to any Partys rights under this Agreement, and/or any other right or benefit.

COMMUNITY ALLIANCE BOARDSection 4.01 Community Alliance Board Composition. The Community Alliance

shall be governed by the Community Alliance Board, a board of directors that shall take officewithin thirty (30) calendar days of the Effective Date. Elected officials and other public officersare eligible to serve as members of the Community Alliance Board to the extent permitted underMichigan law. The Community Alliance Board shall consist of one representative individual

appointed by each Party to this Agreement.

Section 4.02 Term of Office. The members of the Community Alliance Board shallserve for a term of two (2) years.

Section 4.03 Meetings. The Community Alliance Board shall conduct its first meetingno later than forty-five (45) calendar days after the Effective Date, provided that a quorum of theCommunity Alliance Board has been appointed. The Community Alliance Board shall meet atleast annually and hold such other meetings at the place, date, and time as the CommunityAlliance Board shall determine. All meetings of the Community Alliance Board shall complywith the OMA. Public notice of the time, date, and place of the meetings shall be given in the

manner required by the OMA.

Section 4.04 Quorum and Voting. Forty percent (40%) of the Community AllianceBoard shall be required to constitute a quorum for the transaction of business. The CommunityAlliance Board shall act by a majority vote of the Board members appointed and serving [ormembers present?] [Do you want 51% of the quorum to be able to prevail - i.e. 51% x 40% x 7?]at a meeting at which a quorum is present, except that no action shall be taken if the majorityvoting in favor of an action represents less than a third of the Community Alliance Board. Aquorum shall be necessary for the transaction of business by the Community Alliance Board.Presence in person for both quorum and voting at a meeting may include telephonic or electroniccommunication by which such member of the Community Alliance Board can hear and be heard by the members of the Community Alliance Board and any members of the public at themeeting.

Section 4.05 Community Alliance Board Responsibilities. The Community AllianceBoard shall do all of the following by a majority vote of its members appointed and serving

(a) Consistent with this Agreement and Act 7, adopt amendments to thisAgreement as deemed necessary by the Community Alliance Board.


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(b) Adopt bylaws, rules, and procedures governing the Community AllianceBoard and its actions and meetings. Initial bylaws shall be adopted withinsix (6) months of the first meeting of the Community Alliance Board.

(c) Elect officers. Initial officers shall be elected within thirty days (30) of thefirst meeting of the Community Alliance Board.

(d) Approve policies to implement day-to-day operation of the Community

Alliance; including polices governing any staff of the CommunityAlliance.

(e) Provide for a system of accounts to conform to a uniform system required by law, and review and approve the Community Alliances budget toassure that the budgets are approved and administered in accordance withthe Budget Act.

(f) Provide for an annual audit in accordance with the Budget Act.

(g) Adopt personnel policies and procedures.

(h) Adopt policies and procedures for contracting and procurement.

(i) Adopt an investment policy in accordance with 1943 PA 20, MCL 129.91to 129.96, as amended from time to time, and establish bankingarrangements for the Community Alliance.

(j) Approve by a vote of at least two-thirds of the entire Community AllianceBoard the entrance of a new Party to the Agreement creating theCommunity Alliance, if and when the Community Alliance Boarddetermines it is advisable to add a Party to the Agreement.

(k) Override by vote a decision of the Community Alliance ExecutiveCommittee.

(l) Take such other actions and steps as shall be necessary or advisable toaccomplish the purposes of this Agreement.

Section 4.06 Fiduciary Duty. The members of the Community Alliance Board areunder a fiduciary duty to conduct the activities and affairs of the Community Alliance in the bestinterests of the Community Alliance, including the safekeeping and use of all CommunityAlliance monies and assets. The members of the Community Alliance Board shall discharge theirduties in good faith, with the care an ordinarily prudent individual in a like position wouldexercise under similar circumstances.

Section 4.07 Officers of the Board.

(a) CEO. The Community Alliance Board may select and retain a ChiefExecutive Officer (CEO). The Executive Committee shall beresponsible for making a recommendation to the Board regarding who theCEO shall be, and for providing oversight of the CEO. The CEO shalladminister the Community Alliance in accordance with the operating budget adopted by the Community Alliance Board, general policyguidelines established by the Community Alliance Board and the


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Community Alliance Executive Committee, other applicablegovernmental procedures and policies, and this Agreement. The CEO shallbe responsible for the day-to-day operations of the Community Alliance,the control, management, and oversight of the Community Alliancesfunctions, and supervision of all Community Alliance employees. Allterms and conditions of the CEOs length of service shall be specified in awritten contract between the CEO and the Community Alliance.

(b) Other Officers. The Community Alliance Board shall elect a President,Secretary and Treasurer of the Board, and other such officers as the Boarddeems appropriate. A person can hold more than one officer position,except that the President and Treasurer shall not be the same person .[Consider deleting the President and Treasurer should not be oneperson.]

Section 4.08 Compensation. The members of the Community Alliance Board shallreceive no compensation for the performance of their duties. A Community Alliance Boardmember may engage in private or public employment, or in a profession or business, except tothe extent prohibited by law. The Community Alliance may reimburse members of the

Community Alliance Board for actual and necessary expenses incurred in the discharge of theirofficial duties as provided by the Community Alliance Board.

Section 4.09 Ethics and Conflicts of Interest. The Community Alliance Board mayadopt ethics policies governing the conduct of Community Alliance Board and the CommunityAlliance Executive Committee members, officers, appointees, and employees. State statutes, tothe extent relevant, will govern ethical issues. Specifically, those officers, appointees, andemployees of the Community Alliance who may be deemed to be public servants for thepurposes of 1968 PA 317, MCL 15.321 to 15.330, as amended from time to time, shall follow allconflict of interest requirements imposed by that statute and any other applicable law. TheCommunity Alliance Board shall require that any member of the Community Alliance Boardwith a direct or indirect interest in any matter before the Community Alliance Board disclose themembers interest to the governing body before the Board takes any action on the matter.

COMMUNITY ALLIANCE EXECUTIVE COMMITTEESection 5.01 Community Alliance Executive Committee. The Community Alliance

Board shall create a Community Alliance Executive Committee. The Executive Committee shall be comprised of a representative from each of the WARM Training Center and the MichiganSuburbs Alliance, as well as the President of the Board and any two other individuals appointed by the Community Alliance Board. The Chief Executive Officer shall serve as an ex-officio(non-voting) member of the Executive Committee. The Community Alliance Board may from

time to time approve the addition of other ex-officio (non-voting) members of the ExecutiveCommittee that do not affect quorum determinations.

Section 5.02 Representatives of Affiliated Organizations. The Michigan MunicipalLeague, and other organizations by request of the Executive Committee, may designate arepresentative to attend meetings of the Executive Committee. Such representatives shall not bemembers of the Executive Committee.

Section 5.03 Term of Office. The members of the Community Alliance ExecutiveCommittee shall serve on the Executive Committee for a term of two (2) years.


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Section 5.04 Quorum and Voting. A majority of the Community Alliance ExecutiveCommittee shall be required to constitute a quorum for the transaction of business, except that noquorum shall be deemed to exist unless either the President of the Board or one appointee of theCommunity Alliance Board is present. Presence in person for both quorum and voting at ameeting may include telephonic or electronic communication by which such member of theCommunity Alliance Executive Committee can hear and be heard by the members of theCommunity Alliance Executive Committee and any members of the public at the meeting.

Section 5.05 Meetings. The Community Alliance Executive Committee shall act by amajority vote of the votings members present [of the Executive Committee as appointed andserving (or quorum of the Executive Committee)?] at a meeting at which a quorum is present,except that no majority shall be deemed to exist unless either the President or an appointee of theCommunity Alliance Board shall have voted in favor of the action. All meetings of theCommunity Alliance Board shall comply with the OMA. Public notice of the time, date, andplace of the meetings shall be given in the manner required by the OMA.

Section 5.06 Community Alliance Executive Committee Responsibilities. TheCommunity Alliance Executive Committee shall have all the powers enumerated in Article VIexcept for those powers specifically reserved for the Community Alliance Board in Article IV.

Section 5.07 Fiduciary Duty. The members of the Community Alliance ExecutiveCommittee are under a fiduciary duty to conduct the activities and affairs of the CommunityAlliance in the best interests of the Community Alliance, including the safekeeping and use of allCommunity Alliance monies and assets. The members of the Community Alliance Board shalldischarge their duties in good faith, with the care an ordinarily prudent individual in a likeposition would exercise under similar circumstances.

Section 5.08 Compensation. The members of the Community Alliance ExecutiveCommittee shall receive no compensation for the performance of their duties. A CommunityAlliance Executive Committee member may engage in private or public employment, or in a profession or business, except to the extent prohibited by law. The Community Alliance mayreimburse members of the Community Alliance Executive Committee for actual and necessaryexpenses incurred in the discharge of their official duties as provided by the Community AllianceExecutive Committee.

Section 5.09 Conflicts of Interest. The Community Alliance Executive Committeeshall require that any member of the Community Alliance Executive Committee with a direct orindirect interest in any matter before the Community Alliance Executive Committee disclose themembers interest to the governing body before the Executive Committee takes any action on thematter.

GENERAL POWERS OF COMMUNITY ALLIANCESection 6.01 Powers Granted Under Act 7. In carrying out its purposes, the

Community Alliance may perform, or perform with any Person, as applicable, any power,privilege or authority that the Parties share in common and that each might exercise separately tothe fullest extent permitted under by Act 7. The Community Alliance shall not have the power to bind a Party, unless otherwise agreed to by the Party. The enumeration of a power in thisAgreement shall not be construed as a limitation upon the powers of the Community Alliance ora Party, and is in addition to any powers authorized by law. Among other things, the CommunityAlliance may:


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(a) Make or enter into contracts, including, but not limited to, contracts forinsurance, legal or accounting services.

(b) Employ agencies or employees.

(c) Acquire, construct, manage, maintain, or operate buildings, works orimprovements.

(d) Acquire, own, hold, operate, maintain, lease, or sell real or personalproperty and dispose of, divide, or distribute any property, including, butnot limited to, equipment and office space.

(e) Incur debts, liabilities, or obligations that, except as expressly authorizedby the Parties, do not constitute the debts, liabilities, or obligations of anyof the Parties to the extent authorized under Act 7, or other applicable law.

(f) Cooperate with a Public Agency, an agency or instrumentality of thePublic Agency, or another legal or administrative entity created by thePublic Agency under Act 7.

(g) Make loans from proceeds of gifts, grants, assistance funds, or bequests.

(h) Form other entities necessary to further the purposes of the Agreement.

(i) Sue and be sued in the name of the Community Alliance.

Section 6.02 Additional Powers Granted Under Act 7. The Community Allianceshall also have the powers to:

(a) Employ, appoint, engage, compensate, transfer, or discharge necessarypersonnel, subject to any provisions of applicable civil service and merit

systems and Act 7.

(b) Fix and collect charges, rates, rents, fares, fees, loan repayments, loaninterest rates, or charges on loans.

(c) Promulgate necessary rules and regulations and provide for theirenforcement by or with the assistance of the Parties to accomplish thepurposes of this Agreement.

(d) Accept gifts, grants, assistance funds, or bequests and use the same for thepurposes of this Agreement. The Community Alliance may apply for andaccept grants, loans, or contributions from any source authorized by law.

The Community Alliance may do anything within its power in accordancewith applicable law to secure the grants, loans, or other contributions.

(e) Respond for any liabilities that might be incurred through performance ofthis agreement and insure against any such liability.

(f) Adjudicate disputes or disagreements, the effects of the failure of a Partyto pay its share of costs and expenses, and the rights of the other Party nsuch cases.


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(g) Engage auditors to perform independent audits of the financial statementsand other activities of the Community Alliance.

(h) Invest surplus funds or proceeds of grants, gifts, or bequests and adopt aninvestment policy in connection with the funds or proceeds

(i) Employ legal, financial, and technical experts, other officers, agents, oremployees, and accept voluntary provision of such services and function

from donor individuals and entities.

(j) Study, develop, and prepare the reports or plans that the CommunityAlliance considers necessary to further the purposes of this Agreement andmonitor and evaluate performance under this Agreement.

(k) Purchase and maintain insurance to protect against losses incurred orrealized by the Community Alliance in the discharge of its functions.

(l) Purchase and maintain insurance to protect members of the CommunityAlliance Board or officers or employees of the Community Alliance frompersonal loss or accountability from liability asserted by any Person for

any acts or omissions of the Community Alliance.

(m) Secure surety bonds for officers, employees, or contractors of theCommunity Alliance designated by the Community Alliance to directlyhandle and process state, federal, and other funds received by theCommunity Alliance.

Section 6.03 Additional Powers Granted Under PA 270 of 2010. The CommunityAlliance shall also have any and all powers granted to units of local government s under theProperty Assessed Clean Energy Act, PA 270 of 2010, as amended from time to time.

Section 6.04 Bonds or Notes. The Community Alliance shall not issue any type ofbond in its own name except as authorized by Act 7. The Community Alliance shall not possessthe power to in any way indebt a Party. Bonds or notes issued by the Community Alliance arethe debt of the Community Alliance and not of the Parties. Bonds or notes issued by theCommunity Alliance are for an essential public and governmental purpose. Pursuant to Section507 (7) of Act 7 bonds or notes are exempt from all taxes by the State or any politicalsubdivision of the State. Bonds or notes issued by the Community Alliance are subject to therevised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, as amended, and PA270 of 2010, as amended from time to time.

Section 6.05 Tax Limitation. Pursuant to Section 7(3) of Act 7, the Community

Alliance shall not levy any type of tax or special assessment. This shall not prohibit any memberof the Community Alliance from executing its powers as a member of the Community Allianceunder the Property Assessed Clean Energy Act, P.A. 270 of 2010, MCL 460.931 to 460.949, asamended from time to time.

Section 6.06 Limitation on Political Activities. The Community Alliance shall notspend any public funds on political activities. This section is not intended to prohibit theCommunity Alliance from engaging in activities authorized under the Michigan CampaignFinance Act, 1976 PA 388, MCL 169.201 to 169.282, as amended from time to time.


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Section 6.07 No Waiver of Governmental Immunity. The Parties agree that noprovision of the Agreement is intended, nor shall it be construed, as a waiver by any Party of anygovernmental immunity provided under Act 7 or other law.

Section 6.08 Non-Discrimination. The Community Alliance shall comply with allapplicable laws prohibiting discrimination. The Community Alliance shall not fail to refuse tohire recruit, or promote; demote; discharge; or otherwise discriminate against a person withrespect to employment, compensation, or a term, condition, or privilege of employment because

of religion, race, color, national origin, age, sex, sexual orientation, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the personsability to perform the duties of a particular job or position. The Community Alliance shall notlimit, segregate, or classify an employee or applicant for employment in a way that deprives ortends to deprive the employee or applicant for employment or otherwise adversely affects thestatus of an employee or applicant because of religion, race, color, national, origin, age, sex,sexual orientation, height, weight, martial status, partisan considerations, or a disability orgenetic information that is unrelated to the persons ability to perform the duties of a particular job or position. The Community Alliance shall not provide services in a manner thatdiscriminates against a person with respect to employment, compensation, or a term, condition,or privilege of employment because of religion, race, color, national origin, age, sex, sexual

orientation, height, weight, marital status, partisan consideration, a disability or geneticinformation that is unrelated to the persons ability to receive services from the CommunityAlliance.

ADDITION OF MEMBERSSection 7.01 Petition to Join. Any governmental body with the power to contract

under PA 7 of 1967 and PA 270 of 2010 may petition the Community Alliance Board seeking tojoin. Upon approval of such petition by the Board pursuant to Section 4.05(j) of this Agreement,the applicant shall be admitted if it completes all of the following acts:

(a) holds a public hearing of which notice was provided pursuant to the OpenMeetings Act, 267 PA 1976, MCL 15.261 to 15.275;

(b) receives all required approvals for its admission, including but not limitedto approval of its legislative body to this Agreement; and

(c) pays any dues or other financial contribution required by the Board as acondition of admittance, provided that such dues or financial contributionshall not exceed that which has been paid to date by the members of theCommunity Alliance plus the sum needed to cover the costs related to theadmission of the new member (including but not limited to legalassistance, insurance premium changes, or similar expenses).

Section 7.02 Assimilation. A new member shall have up to 30 days to appoint amember of the Community Alliance Board by delivering notice of same to the CEO and to allmembers of the Board. All actions of the Board, and all determinations of quorum, shall bebased on the existing membership prior to the date of appointment of any new member (i.e., thenumber of board members shall not be deemed to increase) until the seventh day after the date ofthe notice of the appointment to the Board. [Is written Interlocal Agreement amended when newMembers are added possible conflict with Section 10.11?]


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BOOKS, RECORDS, AND FINANCES

Section 8.01 Community Alliance Records. The Community Alliance shall keep andmaintain at the principal office of the Community Alliance, all documents and records of theCommunity Alliance. The records of the Community Alliance, which shall be available to theParties, shall include, but not be limited to, a copy of this Agreement along with anyamendments to the Agreement. The records and documents shall be maintained until thetermination of this Agreement and shall be returned to any successor entity or, if none, to theMichigan Suburbs Alliance, or any successor to the Michigan Suburbs Alliance.

Section 8.02 Financial Statements and Reports. The Community Alliance shallcause to be prepared, at Community Alliance expense, audited financial statements (balancesheet, statement of revenue and expense, statement of cash flows, and changes in fund balance)on an annual basis. Such financial statements shall be prepared in accordance with generallyaccepted accounting principles and accompanied by a written opinion of an independent certifiedaccounting firm. A copy of the annual financial statement and report shall be filed with theMichigan Department of Treasury, or any successor agency, and shall be made available to eachof the Parties.

Section 8.03 Audits. The Community Alliance shall provide for the conduct of auditsin accordance with section 6 to 13 of the Budget Act, as amended from time to time, which shallbe made available at the request of any Party. The Community Alliance Board shall establish adedicated audit committee of the Community Alliance Board for the purpose of overseeing theaccounting and financial reporting processes of the Community Alliance and audits of itsfinancial statements. The Community Alliance shall establish specific duties and obligations ofthe audit committee and standards and qualifications for membership on the audit committee.The Community Alliance may require at least one member to be specifically knowledgeableabout financial reports.

Section 8.04 Freedom of Information Act. The Community Alliance shall be subject

to and comply with the Freedom of Information Act, as amended.

Section 8.05 Uniform Budgeting and Accounting Act. The Community Allianceshall be subject to and comply with the Budget Act, as amended from time to time. The CEOannually shall prepare and the Community Alliance Board shall approve a budget for theCommunity Alliance for each Fiscal Year. Each budget shall be approved by September 1immediately preceding the beginning of the Fiscal Year of the Community Alliance.

Section 8.06 Deposits and Investments. The Community Alliance shall deposit andinvest funds of the Community Alliance, not otherwise employed in carrying out of the purposesof the Community Alliance, in accordance with an investment policy established by theCommunity Alliance Board consistent with laws and regulations regarding investment of publicfunds.

Section 8.07 Disbursements. Disbursements of funds shall be in accordance withguidelines established by the Community Alliance Board.

Section 8.08 Performance Objectives. Each Fiscal Year, the CEO shall prepareobjectives for the Community Alliances performance for review and approval by theCommunity Alliance Board.


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Section 8.09 Annual Reports. Not less than annually, the Community Alliance shallfile with the Parties to this Agreement a report detailing the activities of the CommunityAlliance, and any additional information as requested by such Parties to this Agreement.

DURATION OF AGREEMENTSection 9.01 Duration. This Agreement and the Community Alliance shall commence

on the Effective Date and shall continue in perpetuity until terminated by joint action [Majority

vote, unanimous vote?]of the Parties.

Section 9.02 Withdrawal by Any Party. Any Party may withdraw from thisAgreement upon one (1) month notice in writing to the Community Alliance. However, nowithdrawal by a Party shall relieve such Party of any obligation, grant, or other agreemententered into in such Partys capacity as a Local Governmental Unit with the CommunityAlliance.

Section 9.03 Disposition under Termination. As soon as possible after termination ofthis Agreement, the Community Alliance shall finish its affairs as follows:

(a) All of the Community Alliance debts, liabilities, and obligations to itscreditors and all expenses incurred in connection with the termination ofthe Community Alliance and distribution of its assets shall be paid first.

(b) The remaining assets, if any, shall be distributed to any successor entity,subject to approval by [Mmajority vote, unanimous vote?] ofthe Parties tothis Agreement. In the event that no successor entity exists, the remainingassets shall be distributed to the Parties equally, or as otherwise agreed bythe Parties.

MISCELLANEOUSSection 10.01 Notices. Any and all correspondence or notices required, permitted orprovided for under this Agreement to be delivered to any Party shall be sent to that Party by firstclass mail. All such written notices, including any notice of withdrawal under Article VII, shall be sent to each other Partys signatory to this Agreement, to that signatorys successor. Allcorrespondence shall be considered delivered to a Party as of the date that such notice isdeposited with sufficient postage with the United States Postal Service. Any notice of withdrawalshall be sent via certified mail.

Section 10.02 Voter Referendum to Terminate or Rescind. As provided in Section5a(4) of Act 7, this Agreement may be terminated or rescinded by a referendum of the residents

of a Local Governmental Unit that is a Party to the Agreement not more than forty five (45) daysafter the approval of the Agreement by the governing body of the Local Governmental Unit.

Section 10.03 Entire Agreement. This Agreement sets forth the entire agreementbetween the Parties and supersedes any and all prior agreements or understandings between themin any way related to the subject matter of this Agreement. It is further understood and agreedthat the terms and conditions of this Agreement are contractual and are not a mere recital andthat there are no other agreements, understandings, contracts, or representations between theParties in any way related to the subject matter of this Agreement, except as expressly stated inthis Agreement.


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Section 10.04 Interpretation of Agreement. The Parties intend that this Agreementshall be construed liberally to effectuate the intent and purposes of this Agreement and thelegislative intent and purposes of Act 7. All powers granted to the Community Alliance underthis Agreement and Act 7 shall be broadly interpreted to effectuate the intent and purposes andnot as a limitation of powers.

Section 10.05 Severability of Provisions. If any provision of this Agreement, or itsapplication to any Person, Party, or circumstance, is invalid or unenforceable, the remainder of

this Agreement and the application of that provision to other Persons, Party, or circumstances isnot affected but will be enforced to the extent permitted by law.

Section 10.06 Governing Law. This Agreement is made and entered into in the State ofMichigan and shall in all respects be interpreted, enforced, and governed under the laws of theState of Michigan without regard to the doctrines of conflict of laws. The language of all parts ofthis Agreement shall in all cases be construed as a whole according to its plain and fair meaning,and not construed strictly for or against any Party.

Section 10.07 Captions and Headings. The captions, headings, and titles in thisAgreement are intended for the convenience of the reader and are not intended to have any

substantive meaning or to be interpreted as part of this Agreement.

Section 10.08 Terminology. All terms and words used in this Agreement, regardless ofthe number or gender in which they are used, are deemed to include any other number and anyother gender as the context may require.

Section 10.09 Cross-References. References in this Agreement to any Article includeall sections, subsections, and paragraphs in the Article, unless specifically noted otherwise.References in this Agreement to any Section include all subsections and paragraphs in theSection.

Section 10.10 Jurisdiction and Venue. In the event of any disputes between the Parties

over the meaning, interpretation, or implementation of the terms, covenants, or conditions of thisAgreement, the matter under dispute, unless resolved between the Parties, shall be submitted tothe courts of the State of Michigan. Any and all claims against this State must be brought andmaintained in the Court of Claims in Ingham County notwithstanding Section 6421 of theRevised Judicature Act of 1961, 1961 PA 236, MCL 600.6421, as amended from time to time.

Section 10.11 Amendment. This Agreement may be amended or an alternative form ofthis Agreement adopted only upon written agreement of all Parties . The addition of a memberpursuant to the procedures in Article VII (including addition as a signatory to this Agreement)shall not be deemed to be an amendment of this Agreement subject to this Section 10.11 . [Is awritten amendment needed to incorporate a new Member?]

Section 10.12 Effective Date. This Agreement shall become effective as of theEffective Date.

[Signature Page to Follow]


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Signature Page

Interlocal Agreement

Southeast Michigan Regional Energy Office Community Alliance

This Agreement is executed by the authorized representatives of the Parties as indicatedbelow:

CITY OF LATHRUP VILLAGE

By:

Its:

Date: , 2011

CITY OF ROSEVILLE

By:John Chirkun

Its: Mayor

And

By:Richard M. Steenland

Its: City Clerk

Date: October 25, , 2011

CITY OF LINCOLN PARK

By:

Its:

Date: , 2011

COUNTY OF WASHTENAWITY OF

SOUTH LYON

By:

Its:

Date: , 2011

CITY OF SOUTHGATE

By:

Its:

Date: , 2011

CITY OF STERLING HEIGHTS

By:Richard J. Notte

Its: Mayor

And

By: ________________________________Walter C. Blessed

Its: City Clerk

Date: , 2011


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COUNTY OF WASHTENAW

By:

Its:

Date: , 2011


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PROPOSED RESOLUTION


DATE:

MOVED: COUNCILPERSONS Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, MayorKrause

SUPPORTED: COUNCILPERSONS Bush, DiSanto, Kaiser, Kandes, Moreno, Murphy, MayorKrause

Whereas; pursuant to agreements reached between the City of Lincoln Park (City) and theCollective Bargaining Associations and representative Labor Organizations the transfer ofMunicipal or non-police and fire employee pension benefit administration has been transferredfrom the Local Municipal Employees Retirement System of Lincoln Park to the MunicipalEmployees Retirement System (MERS) and

Whereas; such transfer of employees and retirees of the City of Lincoln Park forms amembership agreement between the City and MERS and requires certain operational resolutionsand standard form resolutions of agreement

Now Be it Resolved that the City of Lincoln Park hereby adopts the following Resolutions aspresented by MERS in content and form:

1. RESOLUTION FOR DIRECTING ELECTRONIC PAYMENT OF INVOICES

_____________________________________________________________________________________________





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PROPOSED RESOLUTION


DATE:



RESOLVED, that a Special Meeting of the Mayor and Council be scheduled forSaturday, January 21, 2012 at __________ for the purpose of conductinginterviews for the vacant position of City Manager.

____________________________________________________________________________________





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PROPOSED RESOLUTION


DATE: 1-03-2012



CITIZENS COMMUNICATIONS (City related matters only.)

ORAL REPORTS OF THE MAYOR AND COUNCIL

CITY MANAGER REPORT

THERE BEING NO FURTHER BUSINESS BEFORE THE MAYOR &

COUNCIL, THE MEETING ADJOURNED AT _____________ P.M.

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Documents

LP Council Packet - 01 03 2012