The Charter Township of Waterford, Michigan
Clerk's Office: Betty Fortino (248) 674-6266 Contact Us  

CHARTER TOWNSHIP OF WATERFORD
5200 CIVIC CENTER DRIVE
WATERFORD, MI 48329
FEBRUARY 14, 2005, 6:30 PM
- A G E N D A –

PRAYER:
APPROVE AGENDA -
APPROVE MINUTES -
APPROVE BILL PAYMENT -
ANNOUNCEMENTS:
Township offices will be closed Monday, February 21, 2005 for Presidents’ Day

REPORTS:
1. Library Dept, November & December, 2004
2. Department of Public Works, November & December, 2004
3. Police Dept, January, 2005
4. Treasurer Dept, December, 2004

FIRST INTRODUCTION:
1. Amendment to the Code of Ordinances, Chapter 17, Water and Sewer

NEW BUSINESS:
1.  Special Approval Case #05-01-01, Single Family Cluster Option on portions of 35 Lochaven, 6421 & 6441 Elizabeth Lake Road
2.  Bid Opening, janitorial service contract
3.  Bid Opening, media filter material purchase
4.  Bid Opening, media filter removal and replacement
5.  Approval of updating DPW Engineer title to Superintendent DPW Engineering Services
6.  Approval of SDD/SDM license transfer, 4177 Cass Elizabeth
7.  Approve 2005 Township depositories
8.  Approval of resolution of notice of intent to issue bonds for motor pool purchase
9.  Authorize Clerk to sign contract with Oakland Press for legal publications
10. Approval of appointment to Economic Development Corporation, Paul Deni
11. Consideration of new Class C liquor license, 7622 Highland Road
12. Approval of resolution establishing S.A.D. for paving McDougal Avenue
13. Consider appeal of administrative denial of lot split, 1474 Woodlow
14. Consider appeal of administrative denial of lot split, 6469 Harriet

 

bullet_________________________________
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 February 14, 2005 at 6:30 PM in Town Hall Auditorium, 5200 Civic Center Drive, Waterford, Michigan.

PRESENT:
Carl W. Solden, Supervisor
Betty Fortino, Clerk
Dee Minton, Treasurer
David J. Maloney, Trustee
Stan Moore, Trustee
Bette O’Shea, Trustee
 

ABSENT:
Todd A. Fox, Trustee

OTHERS PRESENT:
John Topolewski             Liz Sorles             Tammy Laughlin             Tom Coburn
Arby Plumy                     Mirela Plluma      Dennis Pittman                Dan McCaw
Maria DeLaPaz             Terry Biederman     Derek Diederich              Dave Papke
Rob Seeterlin                Douglas Young       Brad Bender

Supervisor Carl Solden called the meeting to order at 6:30 PM. Supervisor Solden asked for a moment of silence since no minister was present, and then led the Pledge of Allegiance.

Moved by O’Shea,
Supported by Minton, RESOLVED, to approve the agenda as printed.

Motion carried unanimously.

Moved by Maloney,
Supported by Moore, RESOLVED, to approve the January 24, 2005 minutes and the January 28, 2005 special meeting minutes as printed.

Motion carried unanimously.

 

Moved by Minton,
Supported by O’Shea, RESOLVED, to approve the payment of the bills for February 14, 2005. A list of bills is attached to these minutes.

Motion carried unanimously.

Supervisor Solden announced that Township offices would be closed on Monday, February 21, 2005 in observance of Presidents’ Day.

Supervisor Solden was pleased to announce that Waterford Parks and Recreation's Golden Age Club was awarded the 2005 Community Service Award at Michigan Recreation and Park Association (MRPA) Awards Ceremony on January 12, 2005 in Lansing, MI.

The following reports were presented:
    Library Dept, November & December, 2004
    Department of Public Works, November & December, 2004
    Treasurer Dept, December, 2004
    Police Dept, January, 2005

Moved by O’Shea,
Supported by Moore, RESOLVED, to receive the foregoing reports.

Motion carried unanimously.

Township Attorney Peter Donlin recommended an amendment to the Code of Ordinances, Chapter 17, Water and Sewer. It is presented here for First Introduction.

AMENDMENT TO CODE OF ORDINANCES

It is ordained that Chapter 17, "Water and Sewers", Article V, Division 1 of the Code of Ordinances, be amended, in part, to read as follows:

Sec. 17.326. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Department of Public Works", or DPW means the Department of the Township encompassing the operation of the Water and Sewage Division or Department and the Public Works Division or Department.

"Main and Water Main" means those pipes, other than supply pipes and services pipes, used for conveying or distributing water.

"Premises" means the particular property connected to the system and includes appurtenant land and improvements.

"Service Pipe" means a pipe extending from the property line into premises supplied with water.

"Supply pipe" means a pipe tapped into a main and extending thence to and including the curb cock or valve at the property line.

"Unit" means that measure of potential water consumption equal to the quantity ordinarily consumed by occupants of a residence of a single family of average size. The number of units assigned to any premises or type of premises by the township board is designed to represent the potential water consumption thereof as a multiple of the quantity ordinarily consumed by occupancy of a residence by a single family of average size as determined from time to time by the township board.

"Water department" mean collectively those officials, employees and agents of the township invested by the board with authority over the system.

"Waterford Water Supply System", water system and system mean collectively all plants, work, properties and instrumentalities, as the same shall from time to time exist, which are used or useful in connection with the obtaining of a water supply, the treatment of water, and/or the distribution of water by the Township.

Sec. 17-330. Use of water restricted.

(a) No steam boiler shall be directly connected to the water service pipe. The owner shall provide a tank of sufficient capacity to afford a supply for at least ten (10) hours, into which the service pipe shall discharge.

(b) No person shall take or use water from premises other than his own, or of which he has possession.

(c) Where one (1) ownership of property is occupied by two (2) or more distinct families, or where a business building is occupied by two (2) or more firms or persons, a single charge for water will be made against the owners of the property for the whole, provided, however that a building or buildings under one (1) ownership consisting of several premises may be served by more than one (1) water service and meter upon approval of the DPW. In multiple meter installations, no master meter will be allowed. When more than one (1) meter is served by one (1) water service, all the meters served must operate from a manifold type arrangement. Failure of one (1) unit in a manifold arrangement to pay for water received will result in a discontinuance of water to that meter.

(d) Where a building, originally built as a single building or premises and fitted with one (1) service pipe, but capable of being divided by sale or otherwise, has been or may be hereafter subdivided and each subdivision shall be separately owned, the separate division so made must be connected to the main by separate service pipes no later than thirty (30) days after such division.

Amended (e) In cases where water service has been terminated to a premise by an authorized agent or employee of the DPW, only such DPW personnel shall turn the water back on again. Any unauthorized resumption of water service shall be reversed by DPW personnel, and the cost and expense, in personnel time, equipment use and materials of the DPW shall be a charge upon the property, and collectible as a lien upon the property under the provisions of Sec. 17.349, and under the Cost Recovery Provisions in the Code of Ordinances (Sec. 16-300 to Sec. 16.306).

Ordinance amendment cont’d.

Amended (f) It is a violation of this Ordinance for any interference or obstruction with a curb cock, valve or fixture connected with the system, including but not limited to the placing in, on or about it, building materials, rubbish, soil, shrubbery, flowers or other hindrances to easy and free access thereto.

Sec. 17-332. Water supply cross connection provisions; State regulations adopted.

(a) Title. This Section shall be known and cited as the "Waterford (Charter) Township Water Supply Cross Connection Ordinance."

(b) Purpose. The purpose of this section shall be:

(1) To adopt by reference the water supply cross connection rules of the state department of public health.

(2) To provide for inspection of water supply cross connection within the township.

(3) To provide penalties for any and all violations of this section.

(c) Adoption by reference. The state department of public health water supply cross connection rules, as contained in R325.431 through R325.440 of the Michigan Administrative Code, are hereby adopted by reference. Copies of these water supply cross connection rules shall be maintained on file at the office of the township clerk, and shall be available for public inspection.

Edited (d) Inspection. The Department of Public Works of the township is hereby authorized and directed to cause inspections to be made of all properties served by the public water supply system where cross connections with the public water supply system are deemed possible. The frequency of inspections and re-inspections shall be based on potential health hazards and shall be as established by the Department and approved by the State Department of Public Health.

(e) Right of entry for inspection. Authorized representatives of the DPW shall have the right to enter, at any reasonable time, any property served by a connection to the public water supply system of the township for the purpose of inspecting the piping system or systems thereof to investigate potential cross connections. The owner, lessees or occupants of any property so served shall, on request, furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal to provide such information or the refusal of access to property, when requested, shall be deemed evidence of the presence of cross connections.

Amended (f) Discontinuance of service. The DPW is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. The water service to such property shall not be restored until any cross connection has been eliminated in compliance with the provisions of this section.

The cost and expense to the DPW for investigating, terminating, and/or resuming water service, in personnel time, equipment use and materials shall be a charge upon the property, and collectible as a lien upon the property under the provisions of Sec. 17.349, and under the cost recover provisions in this code (Sec. 16-300 to Sec. 16.306)

(g) Protection from contamination. The potable water supply made available on any property served by the public water supply system of the township shall be protected from possible contamination in accordance with the provisions of this section, the rules of the State Department of Public Health, and the township plumbing code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system shall be labeled in a conspicuous manner as: Water Unsafe for Drinking.

(h) Provisions supplementary. This section shall not be construed to supercede or impair the effectiveness of article VII of chapter 4 of this Code, but shall be interpreted to be supplementary to its provisions.

(i) Penalties. Any persons or customer found guilty of violating any of the provisions of this section, or any written order of the Water Department which is issued in pursuance thereof, shall be punished in section 1-10 of this Code.

Sec. 17-334. Water scarcity regulations.

Amended (a) Whenever the unrestricted use of water from the township water supply system would, in the opinion of the supervisor, or his designate, endanger or be likely to endanger the health or safety of its citizens, the supervisor, or his designate, may declare a water usage emergency and impose such restrictions on the use of water from public and private sources as may be reasonably necessary.

Amended (b) During a period of water usage restriction, the use of water from private wells for purposes other than for drinking and for sanitary purposes is hereby declared to be a matter of public concern, affecting the public health, safety and welfare.

Amended (c) Whenever in the discretion of the supervisor, or his designate, the imposition of lawn sprinkling or surface watering restrictions or bans becomes necessary, and the difficulties of enforcement of such restrictions require it, lawn sprinkling and surface use of water from the township water supply system and private wells may be restricted or prohibited.

(d) Regulations imposed hereunder shall be for the purpose of restricting less essential water uses to the extent deemed necessary to assure an adequate supply for essential domestic and commercial needs and for firefighting.

Edited (e) No declaration as provided in this section shall be effective until twenty-four (24) hours after the publication thereof in a newspaper of general circulation in the township.

(f) Any persons violating any of the provisions of a water restriction regulation shall be subject to the following:

(1) Upon conviction thereof, by subject to the penalties as provided in section 1- 10 of this Code.

(2) Termination of water service to their property by the water department as provided in subsection 17-329(d) and Sec. 13-351.

Added (3) Liable to re-payment to the DPW for the cost and expense to the DPW for investigating and enforcing this section in personnel time, equipment used and materials, and such cost shall be a charge upon the property and collectible as a lien upon the property under the provisions of Sec. 17.349, and shall be a debt to the Township from all responsible persons or entities under the cost recovery provisions in this code (Sec. 16-300 to Sec. 16.306).

Added (g) The Township Board shall have full authority to review and revise any water regulations or declarations issued under this Section.

Sec. 17-335. Fire hydrants.

(a) Fire hydrants are provided for the use of the fire department and DPW of the township or by such persons as may be specifically authorized by the DPW.

Edited (b) No person shall open or cause to be opened any fire hydrant, without first securing a permit to use a fire hydrant, at the DPW office. A deposit in such amount as established by the Director of the DPW from time to time will be required. Such person must report to the DPW when such use is terminated, at which time a hydrant inspection will be made and an inspection charge of such amount as established by the Director from time to time, the cost of the estimated amount of water used, and the cost of repairing the hydrant, if any, shall be deducted from the deposit and the difference (if any) refunded to the depositor. If the deposit is insufficient to cover such costs, the permit holder shall pay the deficit.

(c) The township DPW must approve the type, size of openings, and types of nozzle thread on all hydrants installed on private property serviced by township water.

Amended (d) No person shall in any manner obstruct or prevent free access to, or place or store temporarily, any object, material, snow, debris, vehicle, or structure of any kind within a distance of twenty (20) feet of any hydrant. Any such obstruction when discovered, shall be subject to summary removal at the discretion of the Director. The cost and expenses thereof in personnel time, equipment used and material shall be debt to the DPW from all responsible persons or entitles under the Cost Recovery Provisions of this Code (Sec. 16-300 to Sec. 16.306).

Sec. 17-340. Water meters.

(a) All service connections, except separate fire connections, shall be metered and shall be billed for water at the rate established by the township board. In no case will water be supplied, except for temporary use with water department approval, at other than the established water rate.

Amended (b) The supply pipe and meter, installation charge for which provision is made in subsection 17-329(i) shall include the cost of the water meter (remote or standard) furnished by the DPW and the installation thereof, but such meter shall remain the property of the DPW and will at all times remain under its control. The meter couplings or flanges will be furnished by the DPW.

The Township shall have the option, for premises with metered water at the time of adoption of this provision, to install alternate or auxiliary meter-reading devices on the exterior of the structure enabling the water department staff to remotely read the water meter settings, without cost to the user. In the event the owner or occupant of a premises with existing service cannot or will not provide, or allow the placement of such remotely read equipment at a location on the exterior of the structure which allows for reasonable access and accommodation by DPW staff, then the DPW reserves the right to assess a charge for an alternate installation, with all the extra expense and cost thereof to be collected from the owner under the provisions of Sec. 17-349.

The maintenance of the meter will be the obligation of the DPW provided, that where replacements, repairs or adjustments of the meter are made necessary by acts of misuse, neglect, tampering, or damage, including the exposure to cold or hot water, by the owner or occupant of any premises, the cost and expense to the DPW in personnel time, equipment and materials for inspections, investigation, monitoring and the repairs or replacements shall be a charge against the property, and be collectible as a lien upon the property under the provisions of Sec. 17.349 and shall be a debt to the Township by all responsible persons or entities under the Cost Recovery Provisions (Sec. 16-300 to Sec. 16.306).

(c) All meters shall be set in dry, clean, sanitary places, easily accessible within the house or structure, no less than twelve (12) inches from floor level or more than twenty-four (24) inches from floor level, with a minimum of six (6) inches from any wall, twelve (12) inches from top, for reading purposes, to an immovable object, with an approved valve on both sides of the meter, and where a small leak or the spilling of water will not create a hazard or nuisance.

(d) All services one and one-half-inch and larger shall have a "dresser" type coupling installed on the discharge side of the meter. All services one and one-half-inch and larger shall also have a tee between the meter and outlet valve, to be used for testing the water meter without its removal. The size of the opening of this tee shall be one and one-half inch for one and one-half inch service pipes, two inch for all service pipes up to and including four inch, and three inch for all larger service pipes; the side opening of such tee shall be plugged.

(e) Deleted.

(f) If a meter fails to function or to register, the consumer will be charged at the average quarterly consumption, as shown by the meter when in order. The accuracy of any meter installed in any premises will be tested by the DPW upon request of the customer, who shall pay in advance a fee of such amount as established by the Director of the DPW from time to time to cover the cost of the test. If, on such test, the meter shall be found to register over five (5) percent more water than actually passes through it, another meter will be installed and the testing fee will be refunded to the customer, and the water bill may be adjusted as hereinafter provided.

(g) It is a violation of this ordinance to interfere with or tamper with a water meter in service, including but not limited to breaking or removing any seal on the by pass valves or meter, or to move a water meter from any service connection, or diverting water around or by passing the meter, or any other acts which disable or render the meter inaccurate.

In the event the Township determines a meter to be damaged, or not properly functioning, through no fault of the DPW or its agents or employees, the meter will be replaced by the DPW at the expense of the owner or occupant of the premises. The cost and expense thereof shall be a charge against the property, and a lien thereon, collectible under Sec. 17.349, and shall be a debt to the Township by all responsible persons or entities under the Cost Recovery Provisions of this Code (Sec. 16-300 to Sec. 16.306).

Sec. 17-341. Inspection and inspectors.

(a) DPW agents and employees whose duty is to enter upon private premises to make inspection and examination of the pipes, fixtures or attachments used in connection with the water supply will be provided with a badge or such other credentials to identifying them as authorized agents of the DPW. No such person shall be entitled to enter upon any private premises unless he/she carries and exhibits such badge or credentials. It is a violation of this code for unauthorized persons to pose as agents or employees of the DPW in an attempt to gain entry to any premise.

(b) Any agent or employee of the DPW shall, upon the presentation of the badge or other credentials provided for in subsection (a) above, have free access at all reasonable hours to any premises supplied with water for the purpose of making any inspection thereof, including the examination of the entire water supply and plumbing system upon such premises. No person shall refuse to admit any authorized inspector, for any such purpose. In case any authorized employee refused admittance to any premise, or being admitted shall be hindered or prevented in making such examination, the supervisor, or his designate, may order water service terminated from such premises, after giving twenty-four (24) hours’ notice to the owner or occupant of such premises.

Sec. 17-347. Method of payment.

(a) Owners or occupants of existing structures requiring water service, upon being directly connected to water mains, shall pay a capital equalization charge computed upon the basis of meter size, in such amounts as established by resolution of the township board. If the owner elects to pay such charge in full, full payment shall be made prior to issuance of the permit.

bulletAmended (1) The owner may elect to defer the payment of such charge over forty (40 quarterly installments and in that event shall pay the required down payment prior to the issuance of the permit. The principal balance shall be payable in thirty-nine (39) quarterly installments plus interest on the unpaid balance at six and five-tenths (6.5) percent compounded annually in accordance with the schedule as adopted by the township board.

In order to qualify for the deferral and installment payment method, the titleholder, and land contract vendee, if any, shall execute an installment payment agreement and lien form on the premises which shall be recorded with the Register of Deeds.

(2) Any owner electing the deferred payment plan may, at any regular payment date, prepay additional principal payments in numerical order without interest as indicated on the applicable payment schedule. The complete principal balance may be paid at any time with accumulated monthly interest from the last payment date.

bullet(b) Premises upon which residential or other water-using buildings or structures are hereafter constructed, upon being directly connected to water mains, shall pay prior to issuance of the permit a capital equalization charge in accordance with the fee schedule as adopted by resolution of the township board.
bullet(c) Premises connected to water mains hereafter financed by land developers or property owners by special assessment or otherwise shall pay, prior to issuance of the permit, a capital equalization charge in accordance with the fee schedule as adopted by the resolution of the township board.

Sec. 17-348. Bills; quarterly; delinquent; penalties.

Amended Rates and charges shall be billed and collected at least quarterly, as determined by resolution of the township board. Failure to receive a bill shall not excuse failure to pay the bill when due. Bills shall be due and payable, without discount, at such time as the township board will determine, but not more than thirty (30) days after rendered, and such due date shall be indicated on the face of each bill. If any bill is not paid when due, a penalty of five (5) percent shall be added thereto. If a bill is not paid within thirty (30) days after due date, a shutoff notice may be sent to the premises by certified mail, or by posting on the structure and if the bill is not paid within the time states in the notice (which shall not be more than an additional thirty (30 days) then all water service to the premises may be discontinued.

Before water service is restored, an additional fee and penalty shall be chargeable to the property to reimburse the DPW for costs and expenses in personnel time, equipment used and materials, as determined by the DPW Director, or his designate. Such additional fees and costs shall be payable before service is restored.

Sec. 17-349. Delinquent charges for services, cost recovery; lien on premises;collected on taxes.

Amended Pursuant to MCL 123.162, all charges for services, fees, cost reimbursement provisions and penalties, as provided for in this chapter shall be the obligation of the owner of the premises served, and shall be subject to a lien on the premises as set forth herein. Any charges which, on August fifteenth of each year, have been delinquent for ninety (90) days or more shall be transferred to the next township tax roll against the premises served, plus a surcharge of ten (10) percent to cover certain administrative expenses of the township, which sums shall be collected and such lien enforced in the same manner provided in respect to township taxes assessed on such roll under the General Property Tax Law.

Sec. 17-350. Emergency termination of service.

Amended (a) In the event the DPW determines that, for reasons of system malfunction or other disruption to a portion of the water system, it is necessary to shut off water service to any users of the system to make repairs, or finalize construction, the Director of the DPW, or his designate, shall endeavor to furnish prompt and timely notice to all affected users. The Department shall attempt to minimize the loss of service necessitated by such events.

Edited (b) Whenever notice is required to be given hereunder, the same may be given, either by personal service of a notice in writing to the person to be notified; or by sending an employee of the DPW to the premises with a written or printed notice, which shall be served on the person to be notified or in case it is impossible to make such service at that time, the same may be posted in some conspicuous place on the premises; or by enclosing a copy thereof in an envelope with postage prepaid, plainly addressed to the person to be notified, at the post office or residence address of such person, as the same appears on the books of the township, and depositing the same in any United States Post Office; such notice so given shall be conclusively deemed to have been given at the time of such depositing.

(c) Any person violating any of the provisions of this division, upon conviction thereof, shall be punished as provided in section 1-10 of this Code.

Sec. 17-351. Termination of service; by-pass or tampering with meter.

New In addition to the powers granted to the Director of the DPW in this chapter, the Director is empowered to impose additional requirements and conditions, including termination of service, to persons who have repeatedly deliberately by-passed or interfered with the function of the water meter in order to defraud the township of payment for water.

In such cases where, on more than one occasion within the previous three (3) years, inspections of the water-metering facilities and apparatuses of a premise convincingly demonstrates that the owner or occupant has deliberately by-passed or interfered with the proper function of the meter, the Director of the DPW may do one or more of the following:

(a) Confiscate the meter and replace it at the owner’s expense.

(b) Install a data-logger on the meter, at the owner’s expense.

(c) Require regular, frequent and/or unannounced inspections of the meter and by-pass valves.

(d) Back-charge the premises on the basis of average usage for the period of time the metered usage was abnormally low.

(e) Terminate water service to the premises upon 14 days written notice by first class mail and posting on the property.

In the event any owner or occupancy is aggrieved by a termination of service under this section, such person(s) may apply to the township clerk, in writing, stating the reasons and grounds therefore, for a hearing before the township board. The board shall set a date for a hearing at a regularly scheduled meeting to determine if water service should be resumed, and under what circumstances. The board shall request a report and recommendation from the Director, or his designate of the DPW, prior to the hearing. Any action of the Board shall be by vote in open session. Thereafter, the Director, or his designate of the DPW shall resume all authority over the administration of water service to the property.

Moved by O’Shea,
Supported by Maloney, RESOLVED, to approve the foregoing amendment to the Code of Ordinances, Chapter 17, Water and Sewer, for First Introduction, publish it in the newspaper, and place it on the next agenda for Final Adoption.

Motion carried unanimously.

Planner II Mark Kellenberger presented the following memo regarding Special Approval Case #05-01-01:

On January 25, 2005, the Planning Commission granted Special Approval to the above referenced case (minutes attached). The applicant has requested the Single Family Clustering Option under Section 2304 of the Zoning Ordinance. This Section of the Ordinance requires that the Planning Commission review and forward a recommendation to the Township Board. The project then proceeds to the Township Board for consideration. If the request is approved the project then completes the site plan review process with the Planning Commission.

The applicant in this case is Milgrom Development, L.L.C. and the subject property is located behind the southeast corner of Elizabeth Lake Road and Lochaven Road (as depicted in the applicant’s presentation packet). The proposed development involves the construction of 31 single family houses on 9.38 acres (total acreage) of excess property currently held by three single family houses located at 6421 Elizabeth Lake Road, 6441 Elizabeth Lake Road, and 35 Lochaven.

The Single Family Clustering Option allows a reduction in setbacks and the ability to creatively assemble units in exchange for the dedication of at least 15% of the horizontal development area. Overall staff is comfortable with the plan, the fact that it is under density and offers some amenities to compliment the 15% open space are the two most attractive aspects of the proposal. Staff also appreciates the design of the entryway signage.

The Planning Commission, in considering the applicant’s proposal, felt that the design of the proposed open spaces and the amenities offered outweighed the benefits received by the applicant and therefore, unanimously recommended, with stipulations, the approval of the applicant’s proposal to the Township Board. The applicant has provided architectural renderings for your review, addressed the stipulated items, and has provided the proposed master deed and by-laws for the development. One issue that has been raised on the applicant’s revised plans is that proposed screen wall is indicated as 8 ft. tall when the Ordinance allows only 6 ft. tall fencing. This shall be revised during site plan review.

Staff recommends that the Township Board grant Special Approval in Case 05-01-01, with the stipulation that the applicant revise the plans to reflect a 6 ft. tall wall rather than the proposed 8 ft. tall wall. As usual, I will be in attendance at the meeting if there are any questions.

Moved by Fortino,
Supported by O’Shea, RESOLVED, to approve Special Approval Case #05-01-01, Single Family Cluster Option on portions of 35 Lochaven, 6421 & 6441 Elizabeth Lake Road as recommended by the Planning Commission including staff recommendations.

Motion carried unanimously.

A Bid Opening had been scheduled for janitorial service. The following bids were opened:

    Audra Maintenance                             $246,000 per year
    City Service Maintenance                    $327,600
    Giant Janitorial Service                        $480,600
    Hi-Tec Building Services                      $445,140
    Jani-King of Michigan                          $491,842
    Kristel Cleaning, Inc.                           $355,152
    Sunset Maintenance                           $445,500
    U.S. Servico, Inc.                                $537,960
 

Moved by Fortino,
Supported by O’Shea, RESOLVED, to refer the foregoing bids received for janitorial services to Purchasing Agent Mike Shaw and Facilities and Operations Supervisor Dave Papke for award to the lowest, qualified bidder with a report back to the Board.

Motion carried unanimously.

A Bid Opening had also been scheduled for media filter material purchase. The following bids were opened:

American Water Works Service Co. $ 34,205
Layne-Northern                                     $ 30,855
Unifilt Corp.                                          $ 26,422
Spartan Filtration                                  $ 26,053

Moved by Fortino,
Supported by O’Shea, RESOLVED, to refer the foregoing bids received for media filter purchase to DPW Director Terry Biederman for award to the lowest, qualified bidder with a report back to the Board.

Motion carried unanimously.

A Bid Opening was also scheduled for media filter removal and replacement. The following bids were opened:

    American Water Works Service Co.         $ 54,394
    Layne-Northern                                       $ 46,510
    Perr Less Midwest, Inc.                           $ 67,615

Moved by Fortino,
Supported by Minton, RESOLVED, to refer the foregoing bids received for media filter removal and replacement to DPW Director Terry Biederman for award to the lowest, qualified bidder with a report back to the Board.

Motion carried unanimously.

The following was received from DPW Director Biederman:

bulletThe DPW Engineer position title was established in 1998 and has retained the original position description since. During the last seven (7) years, the position has evolved greatly and now includes several supervisory components and activities not identified in the original description. In order to accurately reflect the expanded duties and requirements of the position, it became necessary to update the position description. Please see the attached updated position description for your reference.
bulletOnce the position description update was completed, it became apparent that the title also needed to be updated to reflect the position. The updated title of Superintendent of DPW Engineering Services was developed and is being submitted for Board approval at this time.
bulletPlease note that this is an updated position title only and in no way affects the current pay structure of the position. In addition, Supervisor Solden and Rob Seeterlin have concurred with this recommendation.
bulletThank you for your consideration of this recommendation. Please contact me should you have any questions.

Moved by O’Shea,
Supported by Maloney, RESOLVED, to approve updating DPW Engineer title to Superintendent DPW Engineering Services as requested.

Motion carried unanimously.

The Clerk had received a request for a transfer of SDD and SDM licenses, located at 4177 Cass Elizabeth. All requirements had been met.

Moved by Fortino,
Supported by O’Shea, RESOLVED, to approve the request from Grapes & Hops Market, Inc. to transfer ownership of 2004 SDD and SDM licensed business located at 4177 Cass Elizabeth Lake Road, Waterford, MI 48328, Waterford Township, Oakland County, from Salah Meram

Motion carried unanimously.

Treasurer Minton presented the following:

In compliance with Section 211.43b of the General Property Tax Act of Michigan, I am respectfully requesting your approval, by resolution, of the 2005 depositories for Township monies:

National City Bank Grand Rapids
Bank One Detroit
Huntington Bank Troy
Standard Federal Bank Troy
Comerica Bank Detroit
Bank of Bloomfield Hills Bloomfield Hills
TCF Bank Ann Arbor
T & C Credit Union Waterford
Fifth Third Bank Grand Rapids
Citizens Bank Flint
Republic Bank Farmington Hills
Clarkston State Bank Waterford
Flagstar Bank Troy
Salomon Smith Barney Southfield
North Oakland Community Bank Rochester Hills
Oxford Bank Oxford
Oakland County Credit Union Waterford
Sterling Bank & Trust Southfield

Moved by Fortino,
Supported by O’Shea, RESOLVED, to approve the foregoing Township depositories for 2005.

Motion carried unanimously.

Fiscal and Human Resource Director Rob Seeterlin explained that we will be issuing bonds for the motor pool purchase. At the suggestion of Township bond attorney Paul Wyzgoski, and with the concurrence of Treasurer Minton, Minton will negotiate a rate with a local bank to replace the old method of sending out a request for proposals. This will keep the cost down by eliminating the agent fees and the Township and bank will have more flexibility in how the loan is structured. The following resolution was presented and must be published:

NOTICE OF INTENT TO ISSUE BONDS
BY THE CHARTER TOWNSHIP OF WATERFORD, MICHIGAN
FOR MOTOR POOL PURCHASE

NOTICE IS HEREBY GIVEN, that the Charter Township of Waterford, Michigan, intends to issue limited tax general obligation bonds in the aggregate principal amount of not to exceed $220,000 for the purpose of defraying all or part of the cost of acquiring vehicles for use by the township parks and recreation department and the township department of public works.

The bonds will bear interest from their date at a rate or rates not exceeding 8% per annum.

The bonds will be issued under and pursuant to the provisions of Act No. 34, Public Acts of Michigan, 2001, as amended, and the full faith and credit of the Charter Township of Waterford will be pledged to pay the principal of and interest on the bonds as the same shall become due. The Charter Township of Waterford will be obligated, as a first budget obligation, to advance moneys from its general funds or to levy ad valorem taxes on all taxable property within its corporate boundaries to pay the principal of and interest on the bonds as the same shall become due; provided, however, that the amount of taxes necessary to pay the principal and interest on the bonds, together with the taxes levied for the same year, shall not exceed the limit authorized by law.

RIGHT TO PETITION FOR REFERENDUM

This notice is given, by order of the Township Board of the Charter Township of Waterford, to and for the benefit of the electors of the Charter Township of Waterford in order to inform them of their right to petition for a referendum upon the question of the issuance of the aforesaid bonds. The bonds will be issued, without submitting such a question to a vote of the electors, unless within 45 days after the date of publication of this notice a petition requesting a referendum upon such question, signed by not less than 10% or 15,000 of the registered electors residing within the Charter Township of Waterford, whichever is the lesser, shall have been filed with the undersigned Township Clerk. In the event that such a petition is filed, the bonds will not be issued unless and until the issuance thereof shall have been approved by the vote of a majority of the electors of the Charter Township of Waterford qualified to vote and voting thereon at a general or special election.

FURTHER INFORMATION

Further information relative to the issuance of said bonds, the purpose of the bonds and the subject matter of this notice may be secured at the office of the Township Clerk of the Charter Township of Waterford, 5200 Civic Center Drive, Waterford, Michigan 48329.

This notice is given pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended.

The Township hereby declares its official intent to issue its limited tax general obligation bonds in the aggregate principal amount of not to exceed $220,000 (the "Bonds") to finance all or part of the cost of acquiring vehicles for use by the township parks and recreation department and the township department of public works (the "Project"). The Township hereby declares that it reasonably expects to seek reimbursement for its advances to the Project as anticipated by this resolution.

The Township Treasurer is hereby authorized to negotiate the terms of the sale of the Bonds with a purchaser of the Bonds and to present such terms to this Township Board for approval at a future meeting.

All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded.

Moved by Maloney,
Supported by Fortino, RESOLVED, to approve the foregoing Resolution of Intent to Issue Bonds for the motor pool purchase, and direct the Clerk to publish the notice in the Oakland Press.

Motion carried unanimously.

The following memo was presented by Clerk Betty Fortino:

In the past, we have solicited bids from all local newspapers in our area for publishing. At one time, a weekly newspaper was awarded the contract. In 1997, I advised the Board that a true cost analysis proved little savings, due to the time constraints of publishing. If an item must be published in the daily newspaper to meet time requirements and the daily newspaper is not contracted, we must pay the standard rate, which is usually ten or more times the cost.

Although a daily newspaper is not legally required, citizens assume we must publish in the Oakland Press and it is much more widely read. They have maintained a reasonable rate of increase over the years (as below):

1997 $3.75 per square inch
1998 $4.10 "
2001 $4.52 "

The new rate offered is $4.84 per square inch. I recommend we renew the Oakland Press contract as the Township’s official newspaper of record for the next three years. Thank you for your consideration.

Moved by Minton,
Supported by O’Shea, RESOLVED, to concur with the Clerk’s recommendation to renew the three year contract with the Oakland Press.

Motion carried unanimously.

Supervisor Solden had recommended Paul Deni be appointed to the Economic Development Corporation.

Moved by Minton,
Supported by Fortino, RESOLVED, to appoint Paul Deni to the Economic Development Corporation, term ending March 24, 2009.

Motion carried unanimously.

The Clerk had received a request and application for a new Class C liquor license at 7622 Highland Road. Community Planning and Development recommended denial.

Moved by Fortino,
Supported by Minton, RESOLVED, to deny the request for a new Class C liquor license at 7622 Highland Road, El Patio Restaurant, as recommended by staff.

Motion carried unanimously.

The following memo was presented by Building and Engineering Director Doug Bradley regarding a paving S.A.D. for McDougal Avenue:

Several years ago residents of McDougal Avenue approached the Township about establishing a Special Assessment District for the purpose of paving the road. These residents were advised that the right-of-way for McDougal Avenue is under the jurisdiction of the Road Commission for Oakland County (RCOC) and therefore any Special Assessment District would need to be coordinated through the RCOC. The residents contacted the RCOC and began the process to establish this Special Assessment District. The RCOC has prepared a conceptual design and cost estimate for the project and has met with the residents to explain the project and advise them of the cost. Subsequent to these meetings the residents submitted a petition, signed by all ten of the owners of the residential properties abutting the road, to the RCOC requesting that the Special Assessment District be established.

The RCOC utilizes Public Act 246 of 1931 to establish Special Assessment Districts for road paving projects initiated by the owners of abutting properties. The provisions of Sec. 1 of this Act require that the owners of more than 51% of the linear frontage of the properties abutting the proposed project sign a petition requesting the project. RCOC policy is to only accept signatures of persons who have clear title to the property for which they are signing; the signatures on the petition must match the signatures on the deed for the property. McDougal Avenue is unique in that one entire side of the road abuts a single parcel (Lot 11 of the Gaylord Beach Subdivision) which has been deeded to the use of the Lot owners within the Subdivision. It has also been discovered, through title searches performed by the RCOC, that the resident of Lot 6, 733 McDougal, does not have clear title to the property. Because of these anomalies, it is impossible for the lot owners to produce a petition acceptable to the RCOC containing signatures of more than 51% of the owners of the abutting properties and therefore the RCOC is unable to continue with the project even though all of the affected property owners have signed the petition.

On the advice of the RCOC, the property owners are now seeking the assistance of the Township in establishing a Special Assessment District for the purpose of paving McDougal Avenue. Under the provisions of Sec. 1a, Act 246 of 1931, the Township Board may, by resolution, "make application to the board of county road commissioners for the improvement of a county road or portion thereof located within the township. The resolution when received and accepted by the county road commissioners shall confer the same authority to cause the improvement to be made and benefits assessed as if a petition were filed in accordance with the provisions of section 1." The residents are requesting that the Township Board pass a resolution, as provided for in Sec. 1a of Act 246 of 1931, authorizing the RCOC to proceed with establishing a Special Assessment District for the purpose of paving McDougal Avenue.

When considering this request the Board should be aware that:

bulletThe proposed project will be administered solely by the RCOC.
bulletThe RCOC has already conducted informational meetings with the affected residents.
bulletThe RCOC has advised the residents of the total projected cost for the proposed project.
bulletThe residents of all ten of the privately owned residential properties that will make up the proposed Special Assessment District have signed a petition to authorize the project.
bulletThe total cost of the proposed project will be bourn by the affected property owners. Waterford Township will not incur any direct costs in association with this proposed project.

Attached for your reference is a letter from a property owner requesting the Township’s assistance as well as copies of the petition the property owners filed with the RCOC and correspondence from the RCOC.

In anticipation that the Township Board will view this request favorably I have prepared the following resolution authorizing the RCOC to proceed with establishing a Special Assessment District in accordance with the provisions of Public Act 246 of 1931 for the purpose of paving McDougal Avenue. If you have any questions or need additional information please do not hesitate to contact me at (248) 674-6231.

RESOLUTION AUTHORIZING

THE ROAD COMMISSION FOR OAKLAND COUNTY TO ESTABLISH A SPECIAL ASSESSMENT DISTRICT FOR THE PURPOSE OF PAVING McDOUGAL AVENUE

bulletWHEREAS McDougal Avenue (platted as Mack Avenue and Lake Avenue) is an existing road right-of-way located in the Gaylord Beach Subdivision, Section 28, T.3N., R.9E., Waterford Township, Oakland County, Michigan; and
bulletWHEREAS the right-of-way of McDougal Avenue has been dedicated to the use of the public and is under the jurisdiction of the Road Commission for Oakland County; and
bulletWHEREAS the owners of all the residential properties abutting McDougal Avenue have signed and submitted to the Road Commission for Oakland County a petition to establish a Special Assessment District in accordance with the provisions of Public Act 246 of 1931 for the purpose of paving the street; and
bulletWHEREAS the Road Commission for Oakland County has prepared a conceptual design and cost estimate for the project; and
bulletWHEREAS the Road Commission for Oakland County has advised all of the affected property owners of the probable cost for the proposed project; and
bulletWHEREAS the owners of the residential properties abutting McDougal are willing to bear the entire cost of the proposed project; and
bulletWHEREAS in excess of fifty percent of the frontage of McDougal Avenue abuts Lot 11 of the Gaylord Beach Subdivision and said Lot 11 is not in private ownership but is instead deeded to the use of the remaining lot owners within the subdivision; and
bulletWHEREAS the Road Commission for Oakland County has determined that the petition submitted by the residents is insufficient to establish a Special Assessment District under the provisions of Sec. 1, Act 246 of 1931, because the petition does not contain the signatures of more than 51% of the owners of the properties abutting the proposed project; and
bulletWHEREAS the property owners have requested that Waterford Township assist them in their desire to establish a Special Assessment District in accordance with the provisions of Public Act 249 of 1931; and
bulletWHEREAS the Waterford Township Board of Trustees has determined that, the paving of McDougal Avenue is in the best interest of the property owners abutting McDougal Avenue.
bulletNOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Charter Township of Waterford, in accordance with the provisions of Sec. 1a, Public Act 246 of 1931, hereby authorizes the Board of County Road Commissioners of the County of Oakland, Michigan to establish a Special Assessment District for the purpose of paving McDougal Avenue (platted as Mack Avenue and Lake Avenue) located in the Gaylord Beach Subdivision, T.3N., R.9E., Waterford Township, Oakland County, Michigan.

Moved by Fortino,
Supported by Maloney, RESOLVED, to approve the foregoing resolution establishing a Special Assessment District for paving McDougal Avenue.

Motion carried unanimously.

The following was received from Community Planning Supervisor Larry Lockwood regarding the

Appeal of administrative denial of lot split for 1474 Woodlow Street:

This office has reviewed the above referenced lot split application and would offer the following comments:

The attached survey prepared by Thomas M. Smith P.S. shows three lots owned in common. These lots, 186 and 187, were originally platted as 50 ft. in width. Lot 188 was platted as 47.5 ft. in width. Individually they are all considered nonconforming lots considering our current ordinance requirements.

As you will note on the survey, the applicant is proposing to remove or demolish the existing home and detached garage on the property and combine and split the total parcel in order to create 2 more conforming parcels for the purpose of constructing 2 new homes. This would result in proposed Parcel "A" having an average lot width of 75 ft. and proposed Parcel "B" having an average lot width of 73.225 ft. This proposal would then meet the minimum requirement of 70 ft. in average width for any newly created parcels in this, the R-1A, Single Family Residential District.

However, the proposed parcels would not meet the minimum lot area requirements of 9800 sq. ft. for this residential district. Proposed Parcel "A" is shown have approximately 9356.25 sq. ft. and proposed Parcel "B" is shown to have approximately 9139.5 sq. ft.

Based on the requirements outlined in our Subdivision Control Ordinance (please attached Engineering Dept. Memo from Rob Merinsky), the administrative review committee cannot grant administrative approval for this application. As Mr. Merinsky has pointed out, even though this proposal would result in a more conforming situation than the present configuration, the applicant’s petition does not the minimum lot area requirements.

If however, the Township Board finds merit in this request, by granting approval of this administrative denial would not guarantee the buildabilty of the new parcels but would allow the applicant to proceed on to determine whether or not the new parcels fit with the character of the neighborhood and to ultimately seek approval from the Zoning Board of Appeals as nonconforming lots of record.

The following draft motion of approval is provided for your consideration:

Draft Motion of Approval: To grant the appeal of the administrative denial of the proposed lot split for 1474 Woodlow conditioned upon the applicant obtaining a lot evaluation from the Township Building Department in order to determine if the proposal is in keeping with the character of the neighborhood and then if necessary proceeding onto the Zoning Board of Appeals to seek and receive any required variances necessary to obtain the associated building permits.

Moved by Maloney,
S
upported by Minton, RESOLVED, To grant the appeal of the administrative denial of the proposed lot split for 1474 Woodlow conditioned upon the applicant obtaining a lot evaluation from the Township Building Department in order to determine if the proposal is in keeping with the character of the neighborhood and then if necessary proceeding onto the Zoning Board of Appeals to seek and receive any required variances necessary to obtain the associated building permits.

Motion carried unanimously.

The following was also received from Mr. Lockwood:

This office has reviewed the referenced lot split application and would offer the following comments:

The attached survey prepared by Dekeyser Surveying shows 2 lots as part of this request. As stated in Mr. Merinsky’s memo (see attached) anyone having ownership interest in the subject property must sign the lot split application. The applicant has been informed of this requirement and it is anticipated that this will be cleared up prior to Monday’s meeting.

These lots, 60 and 61 of the Lake Williams Gardens Subdivision were originally platted and orientated north and south fronting on Harriet Street. These 2 lots were platted having 60 ft. of road frontage each and average widths of approximately 55 ft. each. The current ordinance requirement for any newly created lot in this zoning district is 65 ft.

As you can see, these lots together create a corner parcel of land that the applicant now wishes to combine and then re-divide into 2 parcels with resultant Parcel "A" fronting on Hedge Avenue. The existing house on proposed Parcel "B" is shown to remain. The applicant is requesting this split due to the fact that the existing home shown primarily on lot 60 encroaches slightly onto lot 61. Any request to split lot 61 along the existing common lot line would further reduce the average lot width of 61. The applicant’s request as shown on the attached survey would exceed minimum lot width requirements for this district.

The property and surrounding area is currently zoned R-1B, Single Family Residential District. This district requires a minimum lot area of 9100 sq. ft. As proposed, Parcel "B" is shown to have 11,961.6 sq. ft. well in excess of the minimum square footage. While Parcel "A" is shown to have 8,417.8 sq. ft. The lot split is proposed this way due to the orientation of the existing house and the requirement that a 35 ft. rear yard setback be maintained from this home to the proposed split line.

Attached, please note that the individual lot records for each existing lot show that lot 60 was platted with an overall lot area of approximately 9,871 sq. ft. and lot 61 was platted with an overall lot area of approximately 10,554 sq. ft.

Considering all the above information, the administrative review committee must recommend denial of this request due to the fact that the proposal does not meet minimum lot area requirements for proposed Parcel "A" as outlined under the Township’s Platted Lot Split Ordinance.

If however, the Township Board finds merit in this request, granting approval of this administrative denial would not guarantee the buildability of the new parcels but would allow the applicant to proceed on to determine whether or not the new parcels fit with character of the neighborhood and to ultimately seek approval from the Zoning Board of Appeals as nonconforming lots of record.

Moved by Maloney,
Supported by O’Shea, RESOLVED, To grant the appeal of the administrative denial of the proposed lot split for 6469 Harriet Street, conditioned upon the applicant obtaining a lot evaluation from the Township Building Department in order to determine if the proposal is in keeping with the character of the neighborhood and then if necessary proceeding onto the Zoning Board of Appeals to seek and receive any required variances necessary to obtain the associated building permits.

Motion carried unanimously.

Moved by Maloney,
Supported by Moore, RESOLVED, to adjourn the meeting at 7:17 PM.

Motion carried unanimously.

___________________________
Betty Fortino, Clerk

 

___________________________
Carl W. Solden, Supervisor