May 18, 2004

 

CHARTER TOWNSHIP OF COMMERCE

REGULAR BOARD OF TRUSTEES MEETING

Tuesday, May 11, 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 (arrived at 7:07 p.m.)

                                                        Cheryl Magalski, Trustee

                                                        Daniel Munro, Trustee

                                                        Rick Sovel, Trustee

 

                           Also Present:     Phillip Adkison, Township Attorney

                                                        Jay James, Giffels-Webster Engineers

                                                        Christina Michaels, Township Attorney

                                                       

APPROVAL OF MINUTES

MOTION by Abrams, supported by Magalski, to approve the Regular Township Board Meeting minutes of April 13, 2004 with a correction to page 1 Under the Roll Call Vote - remove “Sovel” from “Absent” and add “Sovel;” under “Ayes” and remove the words “excused” in the Approval of Minutes, the Special Board Meeting minutes of April 15, 2004 with a correction to page 1, Approval of Minutes, first sentence remove the word “Excused” and the Quarterly Discussion Meeting minutes of April 27, 2004 as written.                       

                              MOTION CARRIED UNANIMOUSLY

 

Abrams announced that the Clerks Office would be open on Township Board Meeting nights until 7:30 p.m. to allow for voter’s registration and applications for absentee ballot.

 

 

COMMUNICATIONS:

Received and filed

 

PRESENTATIONS:

McKenna & Associates Proposal

Page 2                                                           Tuesday, May 11, 2004

Regular Township Board Meeting       

 

 

PETITIONS

Central West Water Special Assessment District

Jay James, Giffels-Webster Engineers explained the project.

 

MOTION by Gross, supported by Abrams to approve the Resolution of the Township Board of the Charter Township of Commerce, Tentatively Declaring its Intention to Establish a Special Assessment District to be Known as Central West Water Main Special Assessment District.

 

ROLL CALL VOTE

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

NAYS:                                                           

MOTION CARRIED UNANIMOUSLY

 

Greenlawn-Commerce Gravity Sewer Special Assessment District

Jay James, Giffels-Webster Engineers explained the project.

 

MOTION by Gross, supported by Abrams to approve the Resolution of the Township Board of the Charter Township of Commerce, Tentatively Declaring its Intention to Establish a Special Assessment District to be Known as Greenlawn-Commerce Gravity Sewer Special Assessment District.

 

ROLL CALL VOTE

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

NAYS:                                                           

MOTION CARRIED UNANIMOUSLY

 

Central West Water main Capital Charges Special Assessment District

 

MOTION by Abrams, supported by Sovel, to approve the Resolution of the Township Board of the Charter Township of Commerce, Tentatively Declaring its Intention to Establish a Special Assessment District to be Known as Central West Water main Capital Charges Special Assessment District.

 

ROLL CALL VOTE

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

NAYS:                                                           

MOTION CARRIED UNANIMOUSLY

 

 

 

 

 

Page 3                                                           Tuesday, May 11, 2004

Regular Township Board Meeting       

 

DIRECTOR REPORTS

Lt. Dennis Davis, Oakland County Sheriff’s Department

Todd Martin, Fire Marshall

Joseph Schornack, Fire Chief

Jeffrey Bowdell, Building-Zoning Director

Constance Guest, Planning Director

Kathleen Pogarch, Assessing

Kelly Knight, Senior Center Director

Giffels-Webster Engineering Report

 

 

ITEM 1:5-11 APPROVAL OF AGENDA

MOTION by Abrams, supported by Gross, to approve the Agenda.

                                                                        MOTION CARRIED UNANIMOUSLY

 

ITEM 2:5-11 PUBLIC COMMENTS

None

 

 

ITEM 3:5-11 BOARD APPOINTMENTS

A.     Michelle Holmes, Re-Appointment to Parks and Recreation Committee for a 4-Year Term

 

MOTION by Abrams, supported by Magalski, to re-appoint Michelle Holmes to the Parks and Recreation Committee for a 4-Year Term, ending May 11, 2008.                                                                                                                                                                        MOTION CARRIED UNANIMOUSLY

 

B.    Appointment of Theodore Kress to Parks and Recreation Committee for a 1-Year Term

 

MOTION by Magalski, supported by Abrams, to table appointment of Theodore Kress to the Parks and Recreation Committee for a 1-Year Term.                                                                                                                                                                                                                                                                         MOTION CARRIED UNANIMOUSLY

 

C.    Appointment of Mary Ston to Parks and Recreation Committee for a 1-Year Term

 

MOTION by Abrams, supported by Gross, to appoint Mary Ston to the Parks and Recreation Committee for a 1-Year Term, ending May 11, 2005.                                                                                                                                                                                                                                                                                MOTION CARRIED UNANIMOUSLY

 

Page 4                                                           Tuesday, May 11, 2004

Regular Township Board Meeting       

 

 

ITEM 4:5-11 PUBLIC HEARINGS

A.     Lower Mt. Royal Dredging Special Assessment District Roll Resolution

Jay James, Giffels-Webster Engineers explained the project.

 

Supervisor Thomas Zoner opened the Public Hearing.

 

Mike Nichols, Lots 4, 5, 6, 7, & 8, no objections.

 

Supervisor Thomas Zoner closed the Public Hearing.

 

MOTION by Gross, supported by Magalski, to approve the Resolution Confirming Revised Special Assessment Roll for the Special Assessment District Designated Lower Mount Royal West Dredging Special Assessment District.

 

ROLL CALL VOTE

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

NAYS:                                                           

MOTION CARRIED UNANIMOUSLY

 

                                                                       

ITEM 5:5-11 CONTRACTS AWARDS AND AGREEMENTS

A.     McKenna Agreement for Professional and Technical Planning Advisory Services

 

MOTION by Munro, supported by Sovel, to direct the Township Supervisor to enter into an agreement and obtain the appropriate signatures for professional and technical planning advisory services with McKenna Associates Inc., subject to the approval of the Township Attorney.

                              MOTION CARRIED UNANIMOUSLY

 

B.     Republic Services Refuse Contract

Kevin Kindall was present.

 

MOTION by Sovel, supported by Abrams, to approve the Contract for Residential Refuse, Yard Waste & Recycling Removal Charter Township of Commerce and Republic Services of Michigan Hauling. L.L.C.

                              MOTION CARRIED UNANIMOUSLY

 

C.    Villa Palena Off Site Sewer Agreement – Tabled April 13, 2004

Jay James, Giffels-Webster Engineers explained the agreement.

 

MOTION by Abrams, supported by Magalski, to remove Villa Palena Off Site Sewer Agreement from the table.                              MOTION CARRIED UNANIMOUSLY

 

Page 5                                                           Tuesday, May 11, 2004

Regular Township Board Meeting       

 

 

ITEM 5:5-11 CONTRACTS AWARDS AND AGREEMENTS

 

Villa Palena (continued)

MOTION by Munro, supported by Magalski, to approve the Villa Palena Off-Site Sanitary Sewer Improvement Agreement and authorize the appropriate signatures.                                                                              MOTION CARRIED UNANIMOUSLY

 

D.    Construction License and Lease Agreement

 

MOTION by Zoner, supported by Sovel, to approve the Construction License and Lease Agreement between the County of Oakland (Department of Information Technology) and the Charter Township of Commerce.                                                                         

 

ROLL CALL VOTE

AYES:                             Munro, Gross, Abrams, Zoner, Sovel

NAYS:                                              Magalski, Long

MOTION CARRIED

 

 

ITEM 6:5-11 INTRODUCTIONS

A.     An Amendment to the Charter Township of Commerce Zoning Ordinance No. 55, to Rezone the SW Corner of Bogie Lake Road and Cooley lake Road from Single Family Residential to Multiple Family Residential, to be known as Ordinance 55-04-163.

Constance Guest, Planning Director reviewed the request.

 

MOTION by Munro, supported by Gross, to approve Z 04-02 an Amendment to the Charter Township of Commerce Zoning Ordinance No. 55, to rezone the SW Corner of Bogie Lake Road and Cooley Lake Road from Single Family Residential to Multiple Family Residential, to be known as Ordinance 55-04-163 and to give publication in the manner prescribed by law and bring back for Adoption at the next regular Township Board Meeting.

 

ROLL CALL VOTE

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

NAYS:                                                 Sovel, Long

MOTION CARRIED

 

B.    An Amendment to the Charter Township of Commerce Fee Ordinance No. 79, to Amend Section 20, Zoning Ordinance, to Set Forth Fees and Costs for Planned Unit Development Review, and Section 23.1 A, Water Charges, to Set Forth New Water Supply Fees and Related Charges, to be known as Ordinance 79-04-25.

 

Page 6                                                           Tuesday, May 11, 2004

Regular Township Board Meeting       

 

 

ITEM 6:5-11 INTRODUCTIONS

 

Fee Ordinance (continued)

MOTION by Munro, supported by Abrams, to Introduce An Amendment to the Charter Township of Commerce Fee Ordinance No. 79, to Amend Section 20, Zoning Ordinance, to Set Forth Fees and Costs for Planned Unit Development Review, and Section 23.1 A, Water Charges, to Set Forth New Water Supply Fees and Related Charges, to be known as Ordinance 79-04-25 and to give publication in the manner prescribed by law and bring back for Adoption at the next regular Township Board Meeting.

MOTION CARRIED UNANIMOUSLY

 

 

ITEM 7:5-11 ADOPTIONS

A.     An Amendment to the Charter Township of Commerce Ordinance No. 79, the Fee Ordinance, to Amend Section 15, the Plumbing Permit Fees, to be known as Ordinance 79-04-24

 

MOTION by Sovel, supported by Abrams, to Adopt Charter Township of Commerce a Ordinance to amend Ordinance No. 79, Fee Ordinance, to be known as Ordinance 79-04-24 and to give publication in the manner prescribed by law.                                                     MOTION CARRIED UNANIMOUSLY

 

 

ITEM 8:5-11 SITE CONDOMINIUMS AND PLATS

A.     Final Plat Approval – Fox Glenn Subdivision #3

Constance Guest, Planning Director reviewed the request.

 

MOTION by Munro, supported by Gross, to approve PR 00-33-01, Final Preliminary Plat – Fox Glenn Subdivision, Section 33, to be located at Sidwell No.: 17-33-206-001, 17-33-101-013, 014, 015 & 016.

 

Discussion – The Road Commission for Oakland County stated the road name was a duplicate and could not be used.  The petitioner submitted to the Road Commission a new name but their Board does not meet until May 13, 2004.  Dennis Park said the Road Commission has to sign and date approval for a road name before the township signs and dates their approval. 

 

Munro and Gross rescinded the Motion and Support.

 

 

 

 

Page 7                                                           Tuesday, May 11, 2004

Regular Township Board Meeting       

 

 

ITEM 8:5-11 SITE CONDOMINIUMS AND PLATS

Fox Glenn Subdivision #3 (continued)

 

MOTION by Abrams, supported by Munro that it is the Township’s intent to approve PR 00-33-01, Final Preliminary Plat – Fox Glenn Subdivision, Section 33, to be located at Sidwell No.: 17-33-206-001, 17-33-101-013, 014, 015 & 016, subsequent to the approval of the Road Commission for Oakland County for a road name change, if feasible by law.

 

ROLL CALL VOTE

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

NAYS:                                                       Sovel

                                                                                                                                                                                    MOTION CARRIED

                                                                                                                       

 

ITEM 9:5-11 CONSENT AGENDA

A.     Open Door Banner

B.    Fire Department Banner

C.    Edgewood Country Club Fire Works

D.    Wolverine Lake