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The Charter Township of Waterford, Michigan | ||||||
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CHARTER TOWNSHIP OF WATERFORD - A G E N D A – PRAYER: Rev. Eric King of Spirit Life Temple ANNOUNCEMENTS: Thursday, October 21, 2004 at 5:30 PM Chairperson (only) class will be held Thursday, October 28, 2004 REPORTS: FIRST INTRODUCTION: OLD BUSINESS: NEW BUSINESS:
Betty Fortino, Clerk IN CONFORMANCE WITH THE AMERICANS WITH DISABILITIES ACT, LARGE-PRINT AGENDAS AND MINUTES ARE AVAILABLE UPON REQUEST. BARRIER-FREE PARKING AND ACCESS ARE ALSO AVAILABLE AT TOWN HALL. MINUTES ARE AVAILABLE UPON REQUEST AT THE CLERK’S DEPARTMENT, AND ON THE TOWNSHIP’S WEB SITE. Minutes of the Waterford Township Board Meeting, held October 13, 2004 at 6:30 PM in Town Hall Auditorium, 5200 Civic Center Drive, Waterford, Michigan. PRESENT: OTHERS PRESENT: Supervisor Carl Solden called the meeting to order at 6:30 PM. Rev. Eric King of Spirit Life Temple said a prayer on behalf of the Board and Supervisor Solden then led the Pledge of Allegiance. Moved by Deni, Motion carried unanimously. Moved by O’Shea, Motion carried unanimously. Moved by O'Shea, Motion carried unanimously. Supervisor Solden made the following announcements: Thursday, October 21, 2004 at 5:30 PM Wednesday, October 27, at 5:30 PM 2004 Chairperson (only) class will be held Thursday, October 28, 2004 The following reports were presented: 2. Police Dept, September, 2004 3. Community Planning & Development, August and September, 2004 Moved by O’Shea, Motion carried unanimously. Rezoning Case #04-08-02 (R1A to CUL), Cooley Lk Rd was on the agenda for First Introduction Both the Planning Commission and Staff support this request for C-UL Union Lake Business District as the property with the proposed zoning complies with the Master Plan. Moved by Fox, Motion carried unanimously. Rezoning Case #04-08-03 (R1A to RA1), Drayton Plains Nature Center was on the agenda for First Introduction. The parcel is currently zoned residential and the Township is pursuing the rezoning to RA-1, Public Recreation to reflect its past and current use, comply with the Township's Master Plan goals for this property, as well as to complete one of the actions required to receive the Michigan Department of Environmental Quality grant the Township applied for and was awarded to preserve and protect the Nature Center property. Moved by O'Shea, Motion carried unanimously. At the September 13, 2004 Board meeting a Public Hearing of the EDC Case No. 04-01 was approved for the October 13, 2004 Board meeting. The following memo was received from Planner Mark Kellenberger: Since your last meeting the Waterford Township Economic Development Corporation approved the project plan and passed a resolution recommending approval of the project plan by the Township Board. Attached are the signed project plan and the resolution approving the project plan and the issuance of the bonds. Supervisor Solden opened the public hearing at 6:43 P.M. Mark Kellenberger and Judge Hempstead explained the program and plans for expansion. Supervisor Solden opened the public hearing at 6:47 P.M. Moved by Fortino, Motion carried unanimously. The following Amendment to the Code of Ordinances was approved for First Introduction on the September 27, 2004 Board meeting and was on the agenda for Final Adoption. AMENDMENT TO CODE OF ORDINANCES It is ordained that Chapter 11, "Offenses", Article IX "Offenses involving Minors", Division 1, be amended, in part, to read as follows: Sec. 11-384 Minors in Possession of Alcohol; Deferral, probation and treatment; chemical tests; penalties (1) A person less than twenty-one (21) years of age shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this section. For purposes of this section, a person under the age of twenty-one (21) is deemed a "minor". A minor who violates this subsection is guilty of a misdemeanor punishable by the fines and sanctions set forth in this section. (a) For the first violation of this Ordinance, and where the defendant has no previous violations of MCL 436.1703, the defendant may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as provided in the Public Health Code, MCL 333.6107, and may be ordered to perform community service and to undergo substance abuse screening and assessment, at defendant’s own expense. (b) For a violation of this section following a prior conviction hereof or juvenile or other court adjudication for a violation of MCL 436.1703, section 33b(1) of former 1933 (Ex Sess) PA 8, or another ordinance substantially corresponding to this section of section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 30 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the Court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $200.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as provided in the public health code, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at defendant’s own expense. (c) For a violation of this section following 2 or more prior convictions hereof or juvenile or other court adjudications for a violation of MCL 436.1703, section 33b(1) of former 1933 (Ex Sess) PA 8, or another ordinance substantially corresponding to this section or section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 60 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the Court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $500.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as provided in the public health code, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at defendant’s own expense (2) A person who furnished fraudulent identification to a minor who uses such fraudulent identification to purchase alcoholic liquor is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both. (3) In case of a plea or determination of guilt under section (1)(A), the Defendant shall be afforded the first offender status as provided in MCL 436.1703(3) and (4). (4) A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may require the person to submit to a preliminary chemical breath analysis. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content. A minor who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.00. (5) This section does not prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by the Liquor Control Commission, or by an agent of the commission, if the alcoholic liquor is not possessed for his or her personal consumption. (6) The consumption of alcoholic liquor by a minor who is enrolled in a course offered by an accredited postsecondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this section if the purpose of the consumption is solely educational and is a requirement of the course. (7) The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this Ordinance. (8) Section (1) does not apply to a minor who participates in an undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the person’s employer and with the prior approval of the Township prosecutor’s office as part of an employer-sponsored internal enforcement action. (9) In a criminal prosecution for the violation of section (1) concerning a minor having any bodily alcohol content, it is an affirmative defense that the minor consumed the alcoholic liquor in a venue or location where that consumption is legal. (10) As used in this section, "any bodily alcohol content" means either of the following: (a) An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (b) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony, Moved by O’Shea, Motion carried unanimously. A bid opening for window cleaning from DPW was on the agenda. The following bids were received: Azzura
Cleaning Co.
$6,145.00 Moved by Fortino, Motion carried unanimously. Approval of new SDM license for 269 N. Telegraph Rd, May Department Store was on the agenda. Moved by Deni, Motion carried unanimously. The following memo was received from Parks & Recreation Director Tom Newcombe: Please put "Approval of SMART FY 05 application" on the agenda. As you know, we receive $68,746 in municipal credits from SMART, which helps fund the Senior's Transportation program and pay for transportation in the Playground camps & Senior Day Trips in the Recreation Dept. The application requires approval from the Township Board and we must attach a copy of the minutes to the application. Moved by Fortino, Motion carried unanimously. Request for a Class C liquor license transfer, 4769 Dixie, was on the agenda. Moved by O'Shea, Motion carried unanimously. An appeal of a Lot Split denial, 4468 Meigs Road was on the agenda for consideration: Moved by Maloney, AYES: Deni, Maloney Motion failed. An appeal of Lot Split denial, 110 Hospital Road, was on the agenda for consideration. Moved by Deni, AYES: Solden, Fortino, Deni, Fox, Maloney Motion carried. Moved by O'Shea, Motion carried unanimously. Moved by Deni, Motion carried unanimously.
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