October 4, 2005- Special Meeting

October 18, 2005- Special Meeting

October 25, 2005- Special Meeting

 

CHARTER TOWNSHIP OF COMMERCE

REGULAR BOARD OF TRUSTEES MEETING

Tuesday, October 11, 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 (arrived at 7:05 p.m.)

                                                        Rick Sovel, Trustee

 

                           Also Present:     Loren Crandell, 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 September 8, 2005 and the Regular Township Board Meeting minutes of September 13, 2005, as written.

                                                                                                                                                                                    MOTION CARRIED UNANIMOUSLY

 

PRESENTATIONS:

None

 

COMMUNICATIONS:

Received and filed

 

DIRECTOR REPORTS:

Joseph Schornack, Fire Chief

Jeffrey Bowdell, Building-Zoning Director

Kathleen Bartoluzzi, Planning Director

Kathleen Pogarch, Assessing Director (excused)

Eric Seuss, Library Director

Kelly Knight, Deputy Supervisor

Emily Dubey, Richardson Senior Center Interim Director

Giffels-Webster Engineering Report

Lt. Dennis Davis, Oakland County Sheriff’s Department

 

Page 2                                                                       Tuesday, October 11, 2005

Regular Township Board Meeting       

 

ITEM 1:10-11 APPROVAL OF AGENDA

MOTION by Abrams, supported by Gross, to approve the Agenda, with the following additions:      Under New Business add “New water hook up with Wolverine Village” and under Old Business add “Garbage and gas surcharge proposal.”                                                                                                                                         MOTION CARRIED UNANIMOUSLY

 

ITEM 2:10-11 PUBLIC COMMENTS

Mark Shoemaker 4862 Birkdale Drive was present to discuss a five-year-old problem with street flooding in Birkdale Pointe Subdivision.  There has been a tremendous amount of damage due to flooding problems. 

 

Richard Price 2159 Applebrook Drive was present to also discuss street flooding in Birkdale Pointe and erosion problems with the retaining wall.

 

David Livermore 4910 Knollcrest Ct. was present to advise the Township of problems with the detention pond in Birkdale Pointe.

 

Lorraine Bock 1780 Fenwick Drive was present to request the help of the Township regarding street flooding and questioned why the Township allowed further development if they knew problems existed.

 

Edmund Yee 4882 Birkdale Drive was present to advise the Board of flooding problems in the subdivision.  The retaining wall is a hazard to the children in the neighborhood.  The detention pond always has water retention.   

 

Howard Fisher 5012 Knollcrest Court stated the sidewalk has sunk approximately 2”.

 

Paul Stavros 4930 Knollcrest Court stated he has had his house for sale for two years and no one is interested in purchasing it because of the hazard of the detention pond.

 

A booklet dated October 11, 2005 prepared by Birkdale Pointe Subdivision regarding resident concerns was passed out to Board members.

 

Jeff Bowdell stated that he dealt with soil erosion issues arising from a complaint that he received. 

 

MOTION by Munro, supported by Sovel, to immediately stop all building inspections, issuance of any temporary or permanent certificate of occupancy and all work in Birkdale subdivision.

MOTION CARRIED UNANIMOUSLY

 

Page 3                                                                       Tuesday, October 11, 2005

Regular Township Board Meeting       

 

 

ITEM 2:10-11 PUBLIC COMMENTS (continued)

Randell Yankey of the Spinal Column Newspaper asked if any of the board members saw the retaining wall that was constructed on the site plan.

 

Earl Whitlock 1825 Union Lake Road was present to discuss the widening of Cooley Lake Road and the addition of sidewalks.   He heard that Union Lake Road will be widened and he is in support of this improvement.  He would like the Township to request sidewalks in the preliminary engineering stage of the road improvement.

 

 

ITEM 3:10-11 BOARD APPOINTMENTS

A.  Thomas Jones, Planning Commission – 3 Year Reappointment

 

MOTION by Abrams, supported by Munro, to re-appoint Thomas Jones to the Planning Commission for a three-year term to expire on October 11, 2008.

                                                                        MOTION CARRIED UNANIMOUSLY

 

           

ITEM 4:10-11 CONTRACTS AWARDS AND AGREEMENTS

A.     Cemetery Maintenance, Sexton and Bookkeeping Services

 

MOTION by Gross, supported by Abrams, to approve the Contract for Cemetery Maintenance Sexton and Bookkeeping Services.

MOTION CARRIED UNANIMOUSLY

 

B.     Snowplowing Contract – Township Properties and Lower Mt. Royal Subdivision

 

MOTION by Munro, supported by Sovel, to approve the Snowplowing Contract for Township properties and Lower Mt. Royal Subdivision with Your Way for unlimited season in an amount not to exceed $14,000.00.

 

ROLL CALL VOTE:

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

NAYS:            Gross

                                                                        MOTION CARRIED

 

C.     Township Auditors

 

MOTION by Abrams, supported by Gross, to adopt the Agreement dated September 12, 2005 between Layton & Richardson and the Charter Township of Commerce in an amount not to exceed $19,750.00.                                                                                                                             MOTION CARRIED UNANIMOUSLY

 

Page 4                                                                       Tuesday, October 11, 2005

Regular Township Board Meeting       

 

 

ITEM 5:10-11 ADOPTIONS

A.     An Amendment to Ordinance 55, the Charter Township of Commerce Zoning Ordinance, to Rezone 2255 Pontiac Trail from R-1D Single Family Residential to B-1 Local Business, to be known as Ordinance No. 55-05-177

 

MOTION by Munro, supported by Gross, to Adopt An Amendment to Ordinance 55, the Charter Township of Commerce Zoning Ordinance, to Rezone 2255 Pontiac Trail from R-1D Single Family Residential to B-1 Local Business, to be known as Ordinance No. 55-05-177 and post according to law.

  MOTION CARRIED UNANIMOUSLY

 

 

ITEM 6:10-11 SITE CONDOMINIUMS AND PLATS

A.     Whispering Ridge Estates – Final Site Plan Approval

 

Kathleen Bartoluzzi, Planning Director gave a review.

 

MOTION by Munro, supported by Abrams, to approve SP 04-21-18 Whispering Ridge Estates Final Site Plan subject to final approval by the Township Attorney.                                                                                                                             MOTION CARRIED UNANIMOUSLY

 

 

ITEM 7:10-11 PURCHASES

A.     Transport Unit – Fire Department

 

Joseph Schornack, Fire Chief recommends the low bidder Wheeled Coach in the amount of $105,817.00.

 

MOTION by Munro, supported by Abrams, to approve the recommendation of the Fire Chief to purchase one (1) 2006 E450 Ambulance and two (2) Stryker MX Pro R3 Cot, RH IV Pole & end 02 Holder from Wheeled Coach at a cost not to exceed $105,817.00.                                MOTION CARRIED UNANIMOUSLY

 

 

ITEM 8:10-11 OLD BUSINESS

A.     Other Matters – Personnel for Vacant Township Positions – Tabled 9-13-05

This will remain on the table.

 

 

 

 

Page 5                                                                       Tuesday, October 11, 2005

Regular Township Board Meeting       

 

 

ITEM 8:10-11 OLD BUSINESS (continued)

 

B.    Garbage and gas surcharge proposal

 

MOTION by Abrams, supported by Sovel, to negotiate the existing contract for a garbage surcharge with Republic for the year 2006.  Republic requested the surcharge because of rising gasoline prices.  Republic shall pay for Township Attorney fees associated with the addendum.                                                                                                                                                                                                                                                                                           MOTION CARRIED UNANIMOUSLY

 

 

ITEM 9:10-11 NEW BUSINESS

A.     Halloween Hours

 

MOTION by Long, supported by Abrams, to approve the 2005 Halloween Hours from 6:00 p.m. to 8:00 p.m. on Monday October 31, 2005.

                                                                                                                                                                                    MOTION CARRIED UNANIMOUSLY

 

B.    Budget Discussion

No action

 

C.    New water hook up with Wolverine Village

The Wolverine Party Store on Glengary Road is presently out of water. 

 

Supervisor Thomas Zoner will pursue this matter and bring it back to the Township Board.

 

 

ITEM 11:10-11 ORDERS

 

MOTION by Abrams, supported by Gross, to approve the Orders as presented.

                                                                        MOTION CARRIED UNANIMOUSLY

 

 

ITEM 12:10-11 OTHER MATTERS TO COME BEFORE THE BOARD

Trustee Munro – Shoppes of Commerce has been tabled 3-4 times regarding changes made in the landscaping and parking space requirements.  They were allowed to open for business without approval of the site plan.  Jeff Bowdell stated they came into the Township for a permit to open 4 months prior to the parking space issue.  Trustee Munro feels that the Certificate of Occupancy should be held up.

 

Trustee Munro – Has some Issues with site plans being held up based on architectural design of buildings.  Citizens Bank was tabled because of the

Page 6                                                                       Tuesday, October 11, 2005

Regular Township Board Meeting       

 

 

ITEM 12:10-11 OTHER MATTERS (continued)

signature architectural design of the building.  There should be some type of directions from the Township Board in regards to the Form Based Code.

 

Kathleen Bartoluzzi, Planning Director stated that the architectural design guidelines of the Township were reviewed in respect to Citizens Bank.

 

Recess:        9:00 p.m.

Reconvene:  9:08 p.m.

 

Jeffrey Bowdell discussed the need for a sanitary sewer lead to service the old Athenian Bar, now the “Draft” located on Benstein Road.  Pursuant to a previous agreement with the Township, the owner of the New Draft Bar is to pay for all costs associated with the installation of the 6” Sanitary Sewer.  The MDEQ has held up this until plans for the treatment plant expansion are completed and approved.  Mr. Bowdell asked the Board to fund the cost of the temporary lead that will be installed inside of the six inch sewer to temporary service the Draft Bar until such time that the final approval is received for aforementioned Sanitary Sewer extension.  The cost of the temporary sewer lead will not exceed 5,500.00 which would come from the Water and Sewer fund.

 

MOTION by Gross, supported by Munro, to authorize $5,550.00 out of the Sewer Fund for the sanitary sewer.                        MOTION CARRIED UNANIMOUSLY

 

 

ITEM 10:10:11 EXECUTIVE SESSION

A.     Purchase of Property

The Board did not go into Executive Session

 

 

ITEM 13:10-11 ADJOURNMENT

 

MOTION by Gross, supported by Abrams, to adjourn the meeting at 9:43 p.m.

                                                                        MOTION CARRIED UNANIMOUSLY

 

 

______________________________

Sandra Abrams, CMC

Clerk, Charter Township of Commerce