January 13, 2004

January 21, 2004

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CHARTER TOWNSHIP OF COMMERCE

REGULAR BOARD OF TRUSTEES MEETING

Tuesday, January 13, 2004

2840 Fisher Avenue

Commerce Township, Michigan 48390

 

 

CALL TO ORDER: Supervisor Thomas Zoner called the meeting to order at 7:00 p.m. and introduced the members of the Board.

 

 

PLEDGE OF ALLEGIANCE TO FLAG

 

ROLL CALL:   Present:              Thomas K. Zoner, Supervisor

                                                        Sandra Abrams, Clerk

                                                        Susan Gross, Treasurer

                                                        Robert J. Long, Trustee

                                                        Cheryl Magalski, Trustee

                                                        Daniel Munro, Trustee

                                                        Rick Sovel, Trustee

 

                           Also Present:     Phillip Adkison, Township Attorney

                                                        Loren Crandell, Giffels-Webster Engineers

                                                        Jay James, Giffels-Webster Engineers

                                                        Christina Michaels, Township Attorney

                                                       

 

APPROVAL OF MINUTES

MOTION by Abrams, supported by Sovel, to approve the Regular Township Board Meeting minutes of December 9, 2003 with a correction to page 8, Other Matters, first sentence change to: “Sale of Property, Fire Station No. 1 and Adjoining Lot” and change the Motion to: “MOTION by Munro, supported by Gross, to approve the Resolution of the Township Board of the Charter Township of Commerce Authorizing Sale of Property, Fire Station No. 1 and adjoining lot to R.R. Josephson, Inc.”

                                                                                                                                                                        MOTION CARRIED UNANIMOUSLY

 

 

COMMUNICATIONS:

Received and filed

 

 

 

 

 

Page 2                                                           Tuesday, January 13, 2004

Regular Township Board Meeting       

 

 

PRESENTATIONS:

Janice Leonhardt

 

MOTION by Gross, supported by Sovel, to approve the Proclamation thanking Janice Leonhardt for her dedication to the Charter Township of Commerce by serving on the Parks & Recreation Committee.

MOTION CARRIED UNANIMOUSLY

 

Jeff O’Donnell, Eagle Scout

 

MOTION by Sovel, supported by Magalski, to approve the Resolution thanking Jeff O’Donnell for his dedication, effort and skills as an Eagle Scout to the Charter Township of Commerce.                      MOTION CARRIED UNANIMOUSLY

 

Firefighters Presentation

Joseph Schornack, Fire Chief presented Life Saving Awards to: Christopher Chase, Mark Gall, Randy Hall, James Liker and James Shemanski

 

 

PETITIONS

Gypsy Moth Spraying Special Assessment District

 

MOTION by Abrams, supported by Gross, to approve the Resolution of the Township Board of the Charter Township of Commerce, Tentatively Declaring it’s Intention to Establish a Special Assessment District to be known as Gypsy Moth 2004.                                                                                                                                    MOTION CARRIED UNANIMOUSLY

 

Special Projects #21 Special Assessment District

Christina Michaels, Township Attorney explained the Assessment

 

MOTION by Gross, supported by Magalski, to approve the Resolution of the Township Board of the Charter Township of Commerce, Tentatively Declaring it’s Intention to Establish a Special Assessment District to be known as Special Projects No. 21.                                                                                                             MOTION CARRIED UNANIMOUSLY

 

 

DIRECTOR REPORTS

Lt. Dennis Davis, Oakland County Sheriff’s Department

Joseph Schornack, Fire Chief

Jeffrey Bowdell, Building-Zoning Director

Constance Guest, Planning Director

Kathleen Pogarch, Assessing

Kelly Knight, Senior Center Director

Jay James, Giffels-Webster Engineers

Page 3                                                           Tuesday, January 13, 2004

Regular Township Board Meeting       

 

 

ITEM 1:1-13 APPROVAL OF AGENDA

MOTION by Abrams, supported by Gross to approve the Agenda with the addition of the add ons.                         MOTION CARRIED UNANIMOUSLY

 

 

ITEM 2:1-13 PUBLIC COMMENTS

Susan Averbauch – Asked for an update on DDA and Walled Lake Public Schools.  Supervisor Thomas Zoner advised her to attend the DDA meeting.

 

 

ITEM 3:1-13 BOARD APPOINTMENTS

A.     Kelly Knight, Parks and Recreation, 4 year term

 

MOTION by Munro, supported by Abrams, to reappoint Kelly Knight to the Parks and Recreation Committee for a four- (4) year term, ending January 13, 2008.

                                                                                                                                                                                    MOTION CARRIED UNANIMOUSLY

 

 

ITEM 4:1-13 PUBLIC HEARINGS

None

 

 

ITEM 5:1-13 CONTRACTS AWARD AND AGREEMENTS

A.     Oakland County NO HAZ 2004 Agreement

(bring back under Other Matters)

 

B.    Oxidation Ditch Agreement

Loren Crandell, Giffels-Webster Engineers, explained the agreement.

 

MOTION by Munro, supported by Sovel, to approve the Oxidation Ditch Agreement (release agreement) and authorize the appropriate signatures.                                                                                                                                                                                                   MOTION CARRIED UNANIMOUSLY

 

 

ITEM 6:1-13 INTRODUCTIONS

 

A.     An Amendment to the Charter Township of Commerce Ordinance No. 55, the Zoning Ordinance, to Rezone a Parcel near the SE Corner of Sleeth & Benstein from R-1A Single Residential to R-1B Single Residential, to be known as Ordinance 55-04-156.

 

David Endreszl, Endreszl & Associates Engineering, Inc. requests this is tabled per his letter dated January 8, 2004.

Page 4                                                           Tuesday, January 13, 2004

Regular Township Board Meeting       

 

 

Amendment to Ordinance No. 55 (continued)

 

MOTION by Abrams, supported by Munro, to table An Amendment to the Charter Township of Commerce Ordinance No. 55, the Zoning Ordinance, to Rezone a Parcel near the SE Corner of Sleeth & Benstein from R-1A Single Residential to R-1B Single Residential, to be known as Ordinance 55-04-156.                                                                                                                                                                                                                         MOTION CARRIED UNANIMOUSLY

 

B.    An Amendment to the Charter Township of Commerce Ordinance No. 55, the Zoning Ordinance, a Text Amendment for a Schedule of Regulations for Commercial & Industrial Building Heights, to be known as Ordinance 55-04-157.

Constance Guest, Planning Director, explained the Amendment.

 

MOTION by Munro, supported by Abrams, to Introduce Charter Township of Commerce an Ordinance to Amend Ordinance No. 55, a Text Amendment for a Schedule of Regulations for Commercial & Industrial Building Heights, to be known as Ordinance 55-04-157 and to give publication in the manner prescribed by law and bring back in February 2004 for Adoption.

MOTION CARRIED UNANIMOUSLY

 

C.    An Amendment to the Charter Township of Commerce Ordinance No 79, the Fee Ordinance, Section 31, Miscellaneous Fees, to Set Forth Additional Fees, to be known as Ordinance 79-04-22.

 

MOTION by Abrams, supported by Magalski, to Introduce An Amendment to Ordinance No. 79, the Charter Township of Commerce Fee Ordinance, to set forth additional fees, to be known as Ordinance 79-04-22 and to give publication in the manner prescribed by law and bring back in February 2004 for Adoption.                                                                                                                                                                                                 MOTION CARRIED UNANIMOUSLY

 

 

ITEM 7:1-13 ADOPTIONS

A.     An Amendment to Ordinance 57, the Charter Township of Commerce Appearance Tickets Ordinance, to be to be known as Ordinance 57-03-4.

Christina Michaels, Township Attorney, explained the Amendment.

 

MOTION by Abrams, supported by Sovel, to Adopt an Amendment to Ordinance 57, the Charter Township of Commerce Appearance Tickets Ordinance, to be known as Ordinance 57-03-4 and to give publication in the manner prescribed by law.                                                                                                                                                   MOTION CARRIED UNANIMOUSLY

 

 

Page 5                                                           Tuesday, January 13, 2004

Regular Township Board Meeting       

 

 

B.    An Amendment to Ordinance 55, the Charter Township of Commerce Zoning Ordinance, to rezone the NE Corner of Carroll Lake and Commerce Roads from B-5 Highway Service to B-2 Community Business, to be to be known as Ordinance 55-03-154.

 

MOTION by Munro, supported by Gross, to Adopt an Amendment to Ordinance 55, the Charter Township of Commerce Zoning Ordinance, to rezone the NE Corner of Carroll Lake and Commerce Roads from B-5 Highway Service to B-2 Community Business, to be to be known as Ordinance 55-03-154 and to give publication in the manner prescribed by law.                                                                                

MOTION CARRIED UNANIMOUSLY

 

C.    An Ordinance to Amend Section 2004 Relating to Parking of Ordinance 55, the Charter Township of Commerce Zoning Ordinance, to be known as Ordinance 55-03-155.

 

MOTION by Abrams, supported by Munro, to Adopt an Ordinance to Amend Section 2004 Relating to Parking of Ordinance 55, the Charter Township of Commerce Zoning Ordinance, to be known as Ordinance 55-03-155 and to give publication in the manner prescribed by law.                                        

MOTION CARRIED UNANIMOUSLY

 

D.    An Amendment to Ordinance No. 79, the Charter Township of Commerce Fee Ordinance, to Amend Section 16 Fire Prevention Code, to add Burning Permit Fees; Section 30 Municipal Civil Infractions, to Add Ordinance 94, Lawn Fertilizer Ordinance Section 8.2; to add Section 33 Lawn Fertilizer Ordinance Fees, to set forth Annual Fees for Commercial-Industrial Fertilizer Applicator’s License, to Ordinance No. 79, to be known as Ordinance 79-03-20.

 

MOTION by Munro, supported by Sovel, to Adopt an Amendment to Ordinance 79, the Charter Township of Commerce Fee Ordinance, to Amend Section 16 Fire Prevention Code, to add Burning Permit Fees; Section 30 Municipal Civil

Infractions, to Add Ordinance 94, Lawn Fertilizer Ordinance Section 8.2; to add Section 33 Lawn Fertilizer Ordinance Fees, to set forth Annual Fees for

Commercial-Industrial Fertilizer Applicator’s License, to Ordinance No. 79, to be known as Ordinance 79-03-20 and to give publication in the manner prescribed by law.                                                                                           MOTION CARRIED UNANIMOUSLY

 

 

 

 

 

Page 6                                                           Tuesday, January 13, 2004

Regular Township Board Meeting       

 

 

E.     An Ordinance to Amend Ordinance No. 79, the Charter Township of Commerce Fee Ordinance; to Amend Section 12, Building Permit Fees; Section 13, Electrical Permit Fees; Section 14, Mechanical Permit Fees; and Section 15, Plumbing Permit Fees; to be known as Ordinance 79-03-21.

 

MOTION by Sovel, supported by Munro, to Adopt an Ordinance to amend Ordinance No. 79, the Charter Township of Commerce Fee Ordinance, Amend Section 12, Building Permit Fees; Section 13, Electrical Permit Fees; Section 14, Mechanical Permit Fees; and Section 15, Plumbing Permit Fees; to be known as Ordinance 79-03-21 and to give publication in the manner prescribed by law.            

MOTION CARRIED UNANIMOUSLY

 

 

ITEM 8:1-13 SITE CONDOMINIUMS AND PLATS

None

 

 

ITEM 9:1-13 CONSENT AGENDA

A.     Waiver of Late Penalty Charges

B.    Resolution Declaring Bond Reimbursement Expectation for Special Projects #21

 

MOTION by Magalski, supported by Gross, to approve the Resolution of the Township Board of the Charter Township of Commerce Approving Consent Agenda.

 

ROLL CALL VOTE

AYES:              Munro, Magalski, Gross, Abrams, Sovel, Long, Zoner

NAYS:                                                           

                                                                                                                                                                        MOTION CARRIED UNANIMOUSLY

 

 

ITEM 10:1-13 PURCHASES

 

A.  Purchase of Surge Suppressor

 

MOTION by Gross, supported by Abrams, to approve the purchase of one (1) 1500VA unit (surge suppressor and smart battery backup for new server) from CDW-G Computer Supply in the amount of $479.69 and to amend the budget accordingly.  Funds to come from the General Fund Fund Balance.                                                                                                                                                                                                       MOTION CARRIED UNANIMOUSLY

 

Page 7                                                           Tuesday, January 13, 2004

Regular Township Board Meeting       

 

 

ITEM 11:1-13 OLD BUSINESS

A.     Township Hall AED (Tabled December 9, 2003)

 

MOTION by Magalski, supported by Munro, to remove Township Hall AED from the table.                                                                  MOTION CARRIED UNANIMOUSLY

 

No action taken

 

B.    Emergency Preparedness

No action taken

 

 

ITEM 12:1-13 NEW BUSINESS

A.     Mt. Royal Bridges Special Assessment District

 

MOTION by Munro, supported by Sovel, to approve the township’s participation in the Mt. Royal Bridges Special Assessment District for parcels owned by the township at the time of the roll.                       MOTION CARRIED UNANIMOUSLY

 

B.     2004 Budget Items

Discussion only

 

C.     Detention Retention Maintenance Ordinance

Phillip Adkison, Township Attorney, reviewed the Ordinance.

 

MOTION by Sovel, supported by Magalski, to direct the Township Attorney to pursue a Detention Retention Maintenance Ordinance. 

                                                                                                                                               

ROLL CALL VOTE

AYES: