CHARTER TOWNSHIP OF COMMERCE

REGULAR BOARD OF TRUSTEES MEETING

Tuesday, April 12, 2005

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

                                                        Debra Kirkwood, Trustee

                                                        Robert Long, Trustee

                                                        Daniel Munro, Trustee

                                                        Rick Sovel, Trustee

 

                        Absent:                  None

                                                       

                           Also Present:     Phillip Adkison, Township Attorney

Jay James, Giffels-Webster Engineers

Christina Michaels, Township Attorney

                                                       

APPROVAL OF MINUTES

MOTION by Abrams, supported by Gross, to approve the Special Township Board Meeting Minutes of March 2, 2005, the Regular Township Board Meeting Minutes of March 8, 2005, and the Special Township Board Meeting Minutes of March 22, 2005.

                                                MOTION CARRIED UNANIMOUSLY

 

COMMUNICATIONS:

Received and filed

 

PRESENTATIONS:

None

 

DIRECTOR REPORTS:

 

Joseph Schornack, Fire Chief

Todd Martin, Fire Marshall

Lt. Dennis Davis, Oakland County Sheriff’s Department

Kathleen Bartoluzzi, Interim Planning Director

Jeffrey Bowdell, Building-Zoning Director

 

 

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Regular Township Board Meeting       

 

Kathleen Pogarch, Assessing Director

Kelly Knight, Senior and Community Services Director

Eric Seuss, Library Director

Jay James, Giffels-Webster Engineering Report

 

Verbal Reports given to the Township Board by Department Directors

 

ITEM 1:4-12 APPROVAL OF AGENDA

MOTION by Abrams, supported by Gross, to approve the Agenda with the following additions:      

Additional Item added to Executive Session by Thomas K. Zoner, Supervisor.                      

                                                                                    MOTION CARRIED UNANIMOUSLY

 

ITEM 2:4-12 PUBLIC COMMENTS

 

Mike Blackwell, 1460 Carpenter Court, spoke regarding the paving of that residential street.  Phillip Adkison, attorney, will research road improvement and road maintenance as it pertains to Carpenter Court.

 

Glen Short, 5140 Driftwood Drive, informed the audience of Clean Water Committee Meetings scheduled at the Richardson Senior Center on April 28, 2005 and on May 25, 2005.  Both meetings will begin at 7:00 p.m. with guest speakers present.

 

Susan Averbuch, 9005 Campbell Creek Drive, addressed the Board regarding motorized scooters with noise and safety issues.

 

Robert Haworth, addressed the Board regarding the mold study and a business plan presented at the Parks and Recreation meeting on April 5, 2005.  A report written by Robert Donahue was submitted for Board review.

 

Hannah Donigan, 630 W. Commerce Rd, represented the COMPAC group and stated their position on the preservation of Byers Homestead.

 

Janice Leonhardt, 7601 Honeysuckle West Bloomfield, addressed the Board regarding a business plan for Byers and bids for restoration and renovation of the Byers property.

 

Cindy Sawyer, 220 Foxbury, spoke in support of a professional business plan for Byers Homestead.

 

Resident at 330 Glengary, addressed the Board regarding the installation of a fence at the Hickory Glen Park Hawkes Football Field.

 

Dan Newell, Novi, MI, presented the Board with pictures of the Byers residence.

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Ellen Smith, 215 Foxbury, spoke to the Board regarding the value of the Byers property to the community.

 

Robert Haworth, presented a State of Michigan Historical Society letter to the Board regarding the Byers Homestead property.

 

ITEM 3:4-12 BOARD APPOINTMENTS

None

 

ITEM 4:4-12 PUBLIC HEARINGS

None

 

ITEM 5:4-12 CONTRACTS AWARDS AND AGREEMENTS

A.     Aquatic Plant Management Service Contract 

 

MOTION by Munro, supported by Gross, to approve the Aquatic Plant Management Service Contract for Lower Straits Lake/Reed Lake/Fox Lake.                                                                                                                                     MOTION CARRIED UNANIMOUSLY

 

B.     Timber Trace off Site Sewer

 

MOTION by Munro, supported by Kirkwood, to award the Contract Award for Timber Trace Off-Site Low Pressure Sanitary Sewer to C & E Construction in the amount of $50,028.00.                                                                                                                                                                                                                                                                                                            MOTION CARRIED UNANIMOUSLY

 

ITEM 6:4-12 INTRODUCTIONS

A.  An Amendment to Ordinance No. 55, the Charter Township of Commerce Zoning Ordinance, Zoning Text Amendment in Section 1500, Light Industrial-Principal Uses Permitted, to be known as Ordinance No. 55-05-171.

 

MOTION by Munro, supported by Abrams, to Introduce An Amendment to Ordinance No. 55, the Charter Township of Commerce Zoning Ordinance, Zoning Text Amendment in Section 1500, Light Industrial-Principal Uses Permitted, to be known as Ordinance No. 55-05-171 and publish and post in the manner prescribed by law and bring back for Adoption at the next regular scheduled Township Board of Trustees Meeting.

MOTION CARRIED UNANIMOUSLY

 

ITEM 7:4-12 ADOPTIONS

None

 

ITEM 8:4-12 SITE CONDOMINIUMS AND PLATS

None

 

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ITEM 9:4-12 CONSENT AGENDA

 

A.     Resolution for 5 Year DNR Permit Submitted by Commerce Lake Associations.

B.    Banner Permit for St. Mary’s Annual Summer Fair

C.    Banner Permit for Open Door Permit

D.    Fireworks Permit for Edgewood Country Club

E.  Historic District Resolution

 

Sandra Abrams, Clerk, informed the Board that the Fire Chief will inspect the Fireworks site for Edgewood County Club and make a recommendation prior to the issuance of a permit for the event.

 

Items A and E removed from the Consent Agenda by Robert Long, Trustee.

Item B removed by Susan Gross, Treasurer

No Action Taken on “Item B.”

MOTION by Munro, supported by Kirkwood, to approve the Resolution of the Township Board of the Charter Township of Commerce approving Consent Agenda, Items C and D.

 

Item A:  Discussion regarding the wording used on the annual Canada Goose Round-Up Application provided by the State of Michigan DNR Wildlife Division.

MOTION by Long, supported by Munro, to approve that Commerce Lake Association can apply for a Goose Round-Up.

ROLL CALL VOTE:

AYES:  Long, Munro, Sovel, Kirkwood, Abrams, Gross

NAYS:  Zoner

ABSENT:  None                                                                                           MOTION CARRIED

 

Item E:  Discussion regarding the content of the Resolution for the Establishment of a Historic District in the Charter Township of Commerce.  Kathleen Bartoluzzi explained the Resolution indicating that it authorizes an extension of one year from April 24, 2005 to take all action for the establishment of the District.

MOTION by Munro, supported by Gross, to extend the time for one year

regarding the establishment of a Historic District under the local Historic Districts Act.

 

ITEM 10:4-12 PURCHASES

None

 

ITEM 11:4-12 OLD BUSINESS

A.     Richardson Senior Center Policies – Tabled 4-12-05

 

B.    Community Center Appointments – Tabled 4-12-05

 

C.    Emergency Preparedness – No Action Taken 4-12-05

 

 

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D.    Soave Centers Consent Judgment – Case Dismissed – Item removed from Agenda.   

 

E.     Tuomikoski Second Amended Consent Judgment – Tabled 4-12-05

 

F.     Fire Department Purchase Gas Line, Back-up Generator – Agenda Items removed by Joseph Schornack, Fire Chief

 

G.    Extend water main to Township Hall

MOTION by Gross, supported by Zoner, to participate in extending a Water Main to the Township Hall at 2840 Fisher Ave. funds to come from Central West Water Capitol Charges Special Assessment District not to exceed $61,000.00 and authorizing Jay James, Engineer to survey Fisher Ave. for interest in establishing a Special Assessment District which could reduce the costs and the amount taken from the Fund.

Discussion followed regarding the necessity and costs associated with this improvement.

ROLL CALL VOTE:

AYES:  Gross, Zoner, Abrams, Munro

NAYS:  Long, Sovel, Kirkwood

ABSENT:  None                                                                                           MOTION CARRIED

 

H.    Site Inspection / Microbial Testing

MOTION by Munro, supported by Sovel, to obtain additional bids for mold testing at the Byers residence indicating the same Microbial Sampling criteria as provided in the Sanit-Air and ECS proposal. 

                                                                                    MOTION CARRIED UNANIMOUSLY

 

ITEM 12:4-12 NEW BUSINESS

 

A.     McLeod USA Metro Act Permit

Phillip Adkison, Attorney, recommends that the Township Board take No Action on the McLeodUSA Telecommunications Services, Inc. in their attempt to obtain a permit

authorizing access to and Ongoing Use of Public Right-of-Way in the Township citing that they have failed to provide the necessary insurance certificate document.

 

B.    Curfew Ordinance Discussion

 

MOTION by Munro, supported by Gross, to Introduce the Curfew Ordinance Amendment, to be known as Ordinance No. 25-05-2 and publish and post in the manner prescribed by law and bring back for Adoption at the next regularly scheduled Township Board Meeting.

 

MOTION CARRIED UNANIMOUSLY

C.  Cost Recovery for DUIL for Discussion

 

MOTION by Munro, supported by Gross, to Introduce the Emergency Services Cost Recovery Ordinance, to be known as Ordinance No. 98-05-0 and publish and post in the

 

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manner prescribed by law and bring back for Adoption at the next regularly scheduled Township Board Meeting.

 

Discussion:  Rick Sovel, Trustee, recommends that the Attorney review the Loitering Ordinance for the May 10, 2005 Township Board Meeting.  

                                                                                    MOTION CARRIED UNANIMOUSLY

 

C.    Bond Award Resolution

Susan L. Gross, Treasurer, explained the Bond Award Resolution regarding rates and the actual sale of the bonds.

MOTION by Gross, supported by Abrams, to approve the Resolution for the Bond proposal for the purchase of the Township’s $5,305,000.00 Special Assessment (LTGO) Bonds, Series 2005-A.

ROLL CALL VOTE:

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

NAYS:  None

ABSENT:  None                                                       MOTION CARRIED UNANIMOUSLY

 

D.    Request to participate in Benstein Road sewer

Jay James, Engineer, spoke to the Board explaining the area that would include a portion of Commerce Township as well as Wolverine Village residents.  The Township would then charge lateral benefit to the residents that choose to hook up to the system. 

 

MOTION by Gross, supported by Abrams, to participate in extending a sanitary sewer along Benstein Road with Commerce Township’s portion of the cost not to exceed $48,000.00 in coordination with the Village of Wolverine Lake.  Funds to come from the Township Sewer Fund. 

                                                                                    MOTION CARRIED UNANIMOUSLY

 

E.     Job Descriptions

Deputy Supervisor position was discussed regarding the minimum qualifications and the fact that this is an “at will” employee appointed by the Supervisor. 

 

MOTION by Sovel, supported by Long, to approve the job description of the Deputy Supervisor.

 

ROLL CALL VOTE:

AYES:  Sovel, Long, Munro, Kirkwood, Abrams, Zoner

NAYS:  Gross

ABSENT:  None                                                                                           MOTION CARRIED

 

Director of Senior, Parks and Recreational Services

MOTION by Long, supported by Kirkwood, to approve the job description of the Director of Senior, Parks and Recreational Services

 

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MOTION CARRIED UNANIMOUSLY

 

F.     Library Proposal – Wynn Berry

Wynn Berry, Downtown Development Authority Director, gave a progress report regarding the finances for the Township Library and Township Hall.  No Action Taken.

 

G.