BY PHIL CUSTODIO
Clarkston News Editor
City residents in need of building inspection services will be served out of Springfield Township under an interim outsourcing contract.
City Council approved the two-month interim agreement for building administration and inspection consulting services with Code Enforcement Services, a division of Carlisle Wortman Associates, its regular planning consultant.
The $2,000-per-month contract was approved on a trial basis to replace Jennifer Miller, former code enforcement officer who left on June 23, said City Manager Jonathan Smith.
“If it works well, we could stay with it,” Smith said.
Springfield Township outsources its code enforcement services with the Carlisle Wortman company, as does Rose Township, Smith said.
“It’s a proven process. It’s worked well in the other municipalities and I think it will work well for us too,” he said.
Code Enforcement Services, represented by Craig Strong and Richard K. Carlisle, will provide building code administration and building inspection services; receive and process building, sign, electric, plumbing, mechanical, and other permit applications; assist with collection fees; distribute approved building plans to trade inspectors; review applications; process open permits; receive and respond to any Freedom of Information Act requests, state complaints, or similar matters under supervision of the city clerk.
Outsourcing makes no difference in regards to FOIA, the city manager said.
According to the interim agreement, “all documents or other materials prepared by the consultant under this agreement shall be considered the property of the client (the city).”
The contractual provisions support the proposition these records are subject to FOIA and are the city’s records open to public inspection, said Robin Luce Herrmann, Michigan Press Association attorney and FOIA expert.
“The law in Michigan is that a public body cannot ‘contract away’ their FOIA responsibilities,” Herrmann said. “The true test will be when the FOIA requests are made and responded to.”
City Council mistakenly voted on June 26 to approve two contracts – the $2,000/month agreement with Code Enforcement Division and a $785/month retainer contracting with Craig Strong.
The city only needed to approve one of them, Smith said.
“There was a misunderstanding on the two contracts – it should have been one or the other,” Smith said. “I apologize for the confusion.”
City Council voted at its July 10 meeting to rescind the $785/month contract.
The approved contract also includes insurance, as well as fees for attendance of any scheduled planning commission, city council, and board of appeals meetings as requested by the city – $95/hour for principal; $85/hour for building official; $40/hour for clerical. Meetings during regular business hours are covered by the retainer.