REGULAR BOARD OF TRUSTEES MEETING
CALL TO ORDER: Supervisor Thomas Zoner called the meeting to order at
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
MOTION by Abrams, supported by Gross, to
approve the Regular Township Board Meeting minutes of January 13, 2004 with a
correction to page 6, Purchase of Surge Suppressor, change “sewer” to “server”,
the Special Board Meeting minutes of January 15, 2004 and the Special Board
Meeting minutes of January 21, 2004 with a correction to page 1, prior to
adjournment, add: “Request for Proposal for Planning Consultant.”
MOTION CARRIED UNANIMOUSLY
Received
and filed
Department of Environmental Quality
Award
Ms. Maria Fingas,
Department of Environmental Quality presented the Township with the Department
of Environmental Quality Award.
PETITIONS
MOTION by Gross,
supported by Abrams, 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 Mt. Royal Polvadera/Creedmore Bridge Special Assessment District.
MOTION CARRIED UNANIMOUSLY
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
ITEM 1:2-10
APPROVAL OF AGENDA
MOTION by Magalski, supported by Abrams, to approve the Agenda. MOTION CARRIED UNANIMOUSLY
ITEM 2:2-10
PUBLIC COMMENTS
Susan Averbauch
A. Timothy Wichert, Parks and
Recreation, 1-year Term Ending
MOTION by Gross, supported by Abrams, to appoint Timothy Wichert to the Parks and Recreation Committee for a one-
(1) year term, ending
ITEM 4:2-10
PUBLIC HEARINGS
A. Gypsy Moth 2004 Special Assessment District Establishment
Resolution
Supervisor Thomas Zoner opened the
Public Hearing
Joseph Deinek
Barbara Weisbrod 1822 Portlock with
objections to being assessed when there are no trees in her yard.
Julie Nickels 1583 Vanstone questioned
the cost.
Jim Starnes questioned what properties
were exempt from spraying.
Joan Claiborne 2160 Sunnybrook in
support
Scott Blackburn 5365 Inverrary in support and questioned how the success of the
program is determined.
Chris Hill 8497 Edgewood Park Drive
with general questions and suggests this as a good school or troop project.
Phil Dibenski
Paul Colonick,
Clark Circle Condos, believes the spray may not reach some breading grounds
such as birdbaths, logs, etc.
Supervisor Thomas Zoner closed the
Public Hearing
Letters of opposition were received
from:
Marianne Drescosky
Robert Vargo
Arlene Wrask
Danny Callahan
Gypsy Moth
(Public Hearing continued)
Joseph Deinek
John and Sarah Kanowski
Anthony Jordan 4180 E. Commerce Road
Letter of support was received from
Mary and Joe Hill 4238 Benstein
MOTION by Abrams,
supported by Gross, to approve the Resolution of the Township Board of the
Charter Township of Commerce Determining to Undertake an Improvement Project
and to Establish and Maintain a Special Assessment District to Pay Costs
Associated Therewith and Approving the Plans and Estimates of Costs Therefor, to be known as Gypsy Moth 2004 Special Assessment
District. MOTION
CARRIED UNANIMOUSLY
B. Mimosa Estates Sanitary Sewer Special Assessment District
Establishment Resolution
Supervisor Thomas Zoner opened
the Public Hearing
Richard Walker 3240 Mimosa, asked when
water would be installed. Jay James, Giffels-Webster Engineers addressed Mr. Walker’s question.
Supervisor Thomas Zoner closed the
Public Hearing
MOTION by Munro,
supported by Gross, to approve the Resolution of the Township Board of the
Charter Township of Commerce Determining to Undertake an Improvement Project
and to Establish and Maintain a Special Assessment District to Pay Costs
Associated Therewith and Approving the Plans and Estimates of Costs Therefor, to be known as Mimosa Estates Sanitary Sewer
Special Assessment District. MOTION CARRIED UNANIMOUSLY
C. Special Projects No. 21 Special Assessment District
Establishment Resolution
Supervisor Thomas Zoner opened
the Public Hearing
No one present had any objections or
comments
Supervisor Thomas Zoner closed the
Public Hearing
MOTION by Sovel,
supported by Gross, to approve the Resolution of the Township Board of the
Charter Township of Commerce Determining to Undertake an Improvement Project
and to Establish and Maintain a Special Assessment District to Pay Costs
Associated Therewith and Approving the Plans and Estimates of Costs Therefor, to be known as Special Projects No. 21 MOTION
CARRIED UNANIMOUSLY
ITEM 5:2-10
CONTRACTS AWARDS AND AGREEMENTS
A. Mimosa Estates Sanitary Sewer Connection Special Assessment
District Addition to Grinder Pump Installation Contracts
Jay James, Giffels-Webster
Engineers explained the Agreement.
MOTION by Sovel, supported by Munro, to approve a change order for
the Mimosa Estates Sanitary Sewer Connection Special Assessment District
Addition to Grinder Pump. MOTION CARRIED UNANIMOUSLY
MOTION by Long,
supported by Magalski, to remove 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 from the table. MOTION CARRIED UNANIMOUSLY
Constance Guest, Planning Director
explained the Amendment.
MOTION by Sovel,
supported by Gross, to deny Introduction of 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.
Discussion - Bill Brownfield was
present. He stated that the properties
immediately to the east are 12,000 sq. ft. lots and the properties immediately
to the south are 12,250 sq. ft. lots.
The maximum square footage of the proposed lots would be larger than
12,000 sq. ft. Mr. Brownfield asked that
the Township Board approve this as an Introduction and then send back to the
Planning Commission with a revision to possibly include a deed restriction.
David Endreszl,
Endreszl & Associates Engineering, Inc. was
present.
ROLL CALL VOTE
AYES: Munro, Magalski, Gross, Abrams, Sovel, Long, Zoner
NAYS:
MOTION CARRIED UNANIMOUSLY
Daniel
Munro explained the Planning Commission’s recommendations.
MOTION by Munro,
supported by Magalski, to Introduce
an Amendment to the Charter Township of Commerce Ordinance No. 55, to Amend
Article XX, Section 2011 to be known as Ordinance 55-04-158 and to give
publication in the manner prescribed by law and bring back in March 2004 for
Adoption. MOTION CARRIED UNANIMOUSLY
C. An Amendment to the Charter Township of Commerce Ordinance
No 55, the Zoning Ordinance, to Amend Articles IV, V, VII, and XX, to Revise
Locations and Requirements of Child Care Organizations, to be known as
Ordinance 55-04-159.
Daniel
Munro explained the Planning Commission’s findings.
MOTION by Munro,
supported by Magalski, to Introduce an Amendment to
the Charter Township of Commerce Ordinance No. 55, the Zoning Ordinance, to
amend Articles IV, V, VII and XX to be known as Ordinance 55-04-159 and to give
publication in the manner prescribed by law and bring back in March 2004 for
Adoption. MOTION CARRIED UNANIMOUSLY
D. An Amendment to the Charter Township of Commerce Ordinance
No 55, the Zoning Ordinance, to Rezone the Southeast Corner of M-5 and Maple
Roads, to be known as Ordinance 55-04-160.
MOTION by Munro,
supported by Abrams, to Introduce an Amendment to the
Charter Township of Commerce Ordinance No. 55, the Zoning Ordinance, to Rezone
the Southeast corner of M-5 and Maple Roads, to be known as Ordinance 55-04-160
and to give publication in the manner prescribed by law and bring back in March
2004 for Adoption.
MOTION CARRIED UNANIMOUSLY
E. An Amendment to the Charter Township of Commerce Ordinance
No 55, the Zoning Ordinance, to Rezone the Southwest Corner of M-5 and Maple
Roads, to be known as Ordinance 55-04-161.
MOTION by Munro,
supported by Magalski, to Introduce
an Amendment to the Charter Township of Commerce Ordinance No. 55, the Zoning
Ordinance, to Rezone the Southwest corner of M-5 and Maple Roads, to be known
as
Ordinance
55-04-161 (Motion continued)
Ordinance
55-04-161 and to give publication in the manner prescribed by law and bring
back in March 2004 for Adoption.
MOTION CARRIED UNANIMOUSLY
F. An Amendment to the Charter Township of Commerce Ordinance No 79, the Fee Ordinance, to Amend Sections 12, 13, 14 and 15, to Set Forth Revised Fees, to be known as Ordinance 79-04-23.