Minutes of the Waterford Township Board Meeting, held March 27, 2000 at 7:30 PM in Town Hall Auditorium, 5200 Civic Center Drive, Waterford, Michigan.

PRESENT:
Katherine G. Innes, Supervisor
Betty Fortino, Clerk
Dee A. Minton, Treasurer
Todd T. Birkle, Trustee
Paul Deni, Trustee
Bette O’Shea, Trustee
Jean A. Scott, Trustee

OTHERS PRESENT:
Alfred Beanblossom                                     Debbie Hosfield
Robert Sharrard                                             William Coleman
Larry Mitchell                                            John Lyman
Allan Motzny                                            Keith Wheeler
Phil Allmen

CHARTER TOWNSHIP OF WATERFORD
PROCLAMATION HONORING
EAGLE SCOUT CHRISTOPHER SCOTT SMITH

WHEREAS CHRISTOPHER SCOTT SMITH IS A WATERFORD TOWNSHIP RESIDENT AND A MEMBER OF TROOP 132 OF THE BOY SCOUTS OF AMERICA, AND HAS DISTINGUISHED HIMSELF AMONG HIS PEERS BY ATTAINING THE RANK OFEAGLE SCOUT, AND

WHEREAS CHRISTOPHER HAS ACHIEVED OUTSTANDING ACADEMIC SUCCESS AND IS A MEMBER OF THE NATIONAL HONOR SOCIETY, POSSESSING A GRADE POINT AVERAGE OF 3.90 AND A CLASS RANKING OF 11/305, AND

WHEREAS CHRISTOPHER IS A MEMBER OF THE WATERFORD MOTT HIGHSCHOOL MARCHING BAND, THE JAZZ BAND AND THE SYMPHONY BAND, AND

WHEREAS CHRISTOPHER IS A MEMBER OF THE WATERFORD MOTT HIGH SCHOOL VARSITY SOCCER TEAM AND THE WATERFORD MOTT HIGH SCHOOL VARSITY TENNIS TEAM, AND

WHEREAS CHRISTOPHER HAS DISTINGUISHED HIMSELF AMONG HIS PEERS, RECEIVING A FOUR-YEAR, PRESIDENTIAL SCHOLARSHIP FROM WAYNE STATEUNIVERSITY, AND

WHEREAS CHRISTOPHER HAS DEMONSTRATED HIS ORGANIZATIONAL ABILITIES AND HIS CONCERN FOR COMMUNITY AND FOR THE DISADVANTAGED THROUGH HIS WORK WITH THE PONTIAC CARE HOUSE,

NOW, THEREFORE, BE IT RESOLVED, THAT THE CHARTER TOWNSHIP OF WATERFORD DOES HEREBY RECOGNIZE EAGLE SCOUT CHRISTOPHER SCOTT SMITH ON HIS ACCOMPLISHMENT IN OBTAINING EAGLE SCOUT OF THE BOY SCOUTS OF AMERICA, TROOP 132, AND EXTENDS ITS BEST WISHES, APPRECIATION AND HEARTFELT CONGRATULATIONS TO CHRISTOPHER FROM THE ENTIRE COMMUNITY.

Congratulations were offered to Chris on this fine achievement.

Community Planning and Development Director Robert Vallina gave a presentation on the 2000 Census and what it means to Waterford Township.

The following reports were presented:

Building Dept, February, 2000
Library Dept, February, 2000
Fire Dept, January and February, 2000

Moved by Deni,
Supported by Scott, RESOLVED, to receive the foregoing reports.

Motion carried unanimously.

Rezoning Case #99-11-5 (R1A to R01), Whittier, was on the agenda for Final Adoption. This rezoning was first introduced at the March 13, 2000 meeting. It is a request to rezone from Single Family Residential District to Restricted Office District. The 20,000 sq. ft. lot is currently being used by Catholic Social Services office. The Master Plan calls for office use and the Planning Commission recommended approval.

A letter opposing the rezoning from Mrs. Phyllis Houston was read by Supervisor Innes and Whittier Street residents, including Al Houston, Carl Smith and Bob McGrath, spoke against the rezoning.

Moved by Birkle,
Supported by Deni, RESOLVED, to approve Rezoning Case #99-11-5 (R1A to R01), Whittier Street, for Final Adoption, property described as follows:

AYES: Innes, Minton, Birkle, Deni, O’Shea, Scott
NAYS: Fortino .

Motion carried.

Rezoning Case #00-1-2 (R1A to R01), Williams Lake and Pontiac Lake Roads, was on the agenda for Final Adoption. This is a request to rezone from Single Family Residential District to Single Family Attached District. The 3.68 acres of buildable land is intended to be an attached condominium project. The site plan indicates a total of 20 condominium units are proposed in groupings of two and four unit buildings. The Master Plan supports this use and the Planning Commission recommended approval.

Moved by Deni,
Supported by Birkle, RESOLVED, to approve Rezoning Case #00-1-2 (R1A to R01), Williams Lake and Pontiac Lake Roads for Final Adoption, property described as follows:

A parcel of land located in the northwest ¼ of Section 19, T3N, R9E, Waterford Township, Oakland County, Michigan and being more particularly described as follows:

Commencing at the northwest corner of said Section 19: thence south 03 degrees 11 minutes 00 seconds west 214.44 feet, along the west line of said Section 19, to the northeast corner of Section 24, T3N, R8E, White Lake Township; thence south 02 degrees 32 minutes 31 seconds west 917.26 feet along the west line of said Section 19 to the point of beginning; thence south 87 degrees 27 minutes 29 seconds east 354.81 feet; thence south 00 degrees 26 minutes 16 second west 79.97 feet; thence south 00 degrees 21 minutes 22 seconds east 518.12 feet; thence south 89 degrees 28 minutes 57 seconds west 384.46 feet; thence north 02 degrees 32 minutes 31 seconds east 350.00 feet along the west line of said Section 19 and the centerline of Williams Lake Road (66 foot wide statutory right-of-way); thence south 87 degrees 27 minutes 29 seconds east 200.00 feet; thence north 02 degrees 32 minutes 31 seconds east 100.00 feet thence north 87 degrees 27 minutes 29 seconds west 200.00 feet; thence north 02 degrees 32 minutes 31 second east 167.89 feet, along the west line of said Section 19 and the center line of said Williams Lake Road, to the point of beginning. The above-described parcel of land contains 4.690 acres.

Motion carried unanimously.

Bids had been received for the new Police and DPW buildings and referred to O’Brien Construction for recommendation. The bid from the Bell Company was misread at the March 13, 2000 meeting. The correct bid amount was $16,550,000.00

Moved by Fortino,
Supported by O’Shea, RESOLVED, to approve: 1.) Acceptance of the combined bid proposal from the Bell Co. in the amount of $16,550,000.00 and 2.) Acceptance of Alternate No. 1, Delay the Start of the Police Station for no change in cost.

Motion carried unanimously.

O’Brien Construction also recommended awarding of the bid for a diesel exhaust system for the Fire Department, to low bidder Neederman, Inc.

Moved by Deni,
Supported by Minton, RESOLVED, to approve: (1.) Acceptance of the proposal for a diesel exhaust system for the Fire Department from Neederman, Inc. in the amount of $57,992.00 and (2.) Acceptance of Voluntary Alternate No. 1, Auto- Start system, in the amount of $1,400. If this alternate is accepted the Total Contract Cost will be $59,392.00.

Motion carried unanimously.

A Bid Opening was scheduled for a pipeline cleaner and transport trailer for the DPW. The following bid was opened:

Jack Doheny Supplies, Inc.                  $23,000.00

Moved by Fortino ,
Supported by O'Shea , RESOLVED, to refer the bid for a pipeline cleaner and transport trailer to the DPW for review and recommendation.

Motion carried unanimously.

A Bid Opening had been scheduled for paintwork for the DPW. The following bids were opened:

E L Commercial Interiors                         $59,950.00
George Kountoupes Painting Co.        $59,840.00

Moved by Fortino,
Supported by O’Shea, RESOLVED, to refer the foregoing bids for paintwork to the DPW for review and recommendation.

Motion carried unanimously.

A Bid Opening was also scheduled for mechanical repairs of Fire Department vehicles. (rebid) The following bids were opened:

Apollo Fire Equipment                 $ 57.00 per hour
R& R Fire Truck Repair                 $ 54.00 per hour
Spence General Repair                 $ 50.00 per hour

Moved by Fortino,
Supported by O’Shea, RESOLVED, to refer the foregoing bids for mechanical repairs to the Fire Department for review and recommendation.

Motion carried unanimously.

A Bid Opening was also scheduled for a John Deere utility tractor for the Parks & Recreation Department.

The following bids were opened:

Baker Lawn & Leisure                   $15,992.75
D & G Equipment                           $13,525.50
Mid-State Equipment Inc.                   $16,525.25
Nolan’s Outdoor Power                   $16,525.25
Rochester Lawn Equipment          $16,305.15
Thesier Equipment Co.                   $16,276.75
Weingartz Supply Co.                   $16,525.25

Moved by Fortino,
Supported by Scott, RESOLVED, to refer the foregoing bids for a tractor to the Parks & Recreation Department for award to the lowest, qualified bidder.

Motion carried unanimously.

An Eagle Lake resident had requested Board approval for participation in the goose egg replacement program through the Department of Natural Resources. Denise Daniels of Sylvester Street will conduct the replacement. It is understood that Ms. Daniels will attend mandatory training before a permit is issued by the DNR.

Moved by Birkle,
Supported by O’Shea, RESOLVED, to approve the request by Denise Daniels, representing Eagle Lake residents, for participation in the DNR Goose Egg Replacement Program, and direct the Clerk to forward the necessary resolution to the DNR.

Motion carried unanimously.

The Clerk had also received a request for cracker shell use for nuisance geese at Glengarry Park Apartments. The shells are to be discharged behind the buildings on Williamsbury.

Moved by Deni,
Supported by Birkle, RESOLVED, to approve cracker shell use to disperse geese at Glengarry Park Apartments on Williamsbury Drive, Monday through Friday, 8:00 AM through 6:00 PM.

Motion carried unanimously.

The following memo was received from Parks and Recreation Director Richard Cartmill:

One of the items on the agenda for Monday, March 27, 2000 will be approval to apply for a DNR grant to develop a river walk system. This trail system will begin just north of M59 and proceed north approximately 1,000 feet along the west bank of the Clinton River through property owned by Dr. Rapp (Prescription Fitness). At this northerly point, a 6’ X 60’ arched wooden bridge will be constructed and installed to traverse the river to the east bank of the Clinton River. The trail system will then proceed approximately 1,500 feet through property owned by Robert Slade (Slade Custom Homes), joining the bike path on the west side of Crescent Lake Road.

The estimated cost of the project is $120,450.00. The state grant’s minimum requirement for local match is 25%. I will be applying for a local match of 33 1/3%, or $40,150.00. By improving the local match contribution, our chances for grant application approval is greatly enhanced. The monies have been allocated in the Township’s 2000 General Fund Budget – Improvement & Revolving Fund…

Moved by Fortino,
Supported by Scott, RESOLVED to approve the application for a DNR grant by the Parks & Recreation Director for riverwalk trails as requested in foregoing memo.

Motion carried unanimously.

The following memo was received from Cable Coordinator Janet Christian:

Moved by O'Shea,
Supported by Minton, RESOLVED, that upon return of the channel from Comcast, the designated use of community channels be: one channel for public and senior programming, one channel for educational programming, and one channel for municipal programming.

Motion carried unanimously.

The following memo was received from Denise Dodd, IS Director:

Moved by Deni,
Supported by Minton, RESOLVED, to approve Matrix as the Township’s provider for document management and services and to purchase the blanket support and the enclosed modules for a combined total of $36,853.75.

The following resolution was received from Fire Chief Dave Yarber:

(Mutual Aid Agreement between the City of Birmingham, Bloomfield Township, West Bloomfield Township, the City of Ferndale, the City of Madison Heights, the City of Pontiac, the City of Southfield and the Charter Township of Waterford)

WHEREAS, The City of Pontiac and the Township of West Bloomfield share borders with Waterford Township and

WHEREAS, The City of Pontiac and the Township of West Bloomfield currently participate in the Southeast Oakland Fire Protection Agreement commonly known as OAKWAY and

WHEREAS, participation by Waterford Township in the SOUTHEAST OAKLAND FIRE PROTECTION AGREEMENT would enable Waterford Township to also join together and participate with eight (8) additional communities, the cities of Pontiac, Royal Oak, Madison Heights, Ferndale, Birmingham, Southfield, Bloomfield Township and West Bloomfield Township, to provide for mutual protection in cases of conflagration, natural disaster, or other fire and/or rescue emergencies; and

WHEREAS, Federal and State laws require that Waterford Township have the ability to quickly respond in an effective manner to accidents or other incidents involving the discharge of hazardous materials within Waterford Township; and

WHEREAS, participation by Waterford Township in the SOUTHEAST OAKLAND FIRE PROTECTION AGREEMENT would also enable Waterford Township to participate with the other member municipalities in the Hazardous Materials Response Team, commonly referred to as Haz-Mat, which responds to accidents or other incidents involving hazardous materials; and

WHEREAS, participation in the SOUTHEAST OAKLAND FIRE PROTECTION AGREEMENT would also be a cost effective means to provide additional protection to the residents of Waterford Township from the discharge of hazardous materials, and would better enable the Township to protect the public health, safety and welfare, and preserve and protect the natural environment within the Township; and

WHEREAS, for all of the foregoing reasons, it is in the best interest of Waterford Township that it participate in the SOUTHEAST OAKLAND FIRE PROTECTION AGREEMENT.

NOW, THEREFORE, BE IT RESOLVED THAT for the purpose of rendering mutual protection in cases of conflagration, natural disaster, release of hazardous materials incidents, or other declared fire and/or rescue emergencies to the municipalities of the City of Birmingham, the City of Ferndale, the City of Royal Oak, the City of Madison Heights, the City of Pontiac, the City of Southfield, the Charter Township of Bloomfield and the Charter Township of West Bloomfield, The Charter Township of Waterford does hereby enter into a mutual fire protection agreement upon the following terms and conditions:

1. This agreement shall be known as the Southeast Oakland Fire Protection Agreement, also commonly known as OAKWAY agreement, and a copy of the agreement is attached to this resolution as Exhibit 1.
2. For the purpose of the OAKWAY agreement, the words "Fire Chief" shall mean the representative of Waterford Township to the agreement, and shall mean the commanding officer of the Fire Department or person designated to act in that capacity.
3. For purposes of mutual protection, Waterford Township shall:

1. Maintain for response a serviceable fire engine pumper having a rated capacity of not less than 750 g.p.m. and have the ability to at all times pass the underwriter’s test for pumping engines.
2. When responding to a request for assistance, be responsible for the furnishing of one (1) fire engine pumper as described in paragraph (3)(a) and said pumper to be manned by not less than four (4) regular salaried on duty firefighters, one of whom shall be an officer.
3. Have sufficient personnel and equipment remaining to control a routine fire while the equipment and personnel are out of Waterford Township responding to a fire protection request.
4. Be located within the following boundaries:

West: Williams Lake Rd.
East: Dequindre
South: Eight Mile Rd.
North: Andersonville Rd.

5. Maintain public liability, property damage and bodily injury insurance for Waterford Township personnel in legally adequate amounts covering the use of the equipment when responding to and participating in a call for fire protection and firefighting assistance.
4. For the hereinbefore authorized purposes of mutual protection, Waterford Township shall:
1. authorize the Fire Chief, or an employee of the Township Fire Department designated by the Fire Chief, to perform the necessary work to effectuate the provisions enumerated in Article 4 of the OAKWAY Agreement, and to participate and assist in the operation and supervision of OAKWAY to accomplish its stated purposes.
2. authorize the Fire Chief upon the request of an OAKWAY member municipality Fire Chief for assistance to order the personnel, special equipment or apparatus of the Waterford Fire Department into service according to an established schedule without regard to municipal boundary lines.
3. authorize the Fire Chief to direct Waterford Township Fire Department personnel, who shall be under the direction of the Waterford Township fire officer in charge of the unit, to receive commands from the fire chief of the municipality in charge of the particular fire or emergency to which a response has been made.

5. Participation in the OAKWAY agreement shall not impose upon Waterford Township any obligation to keep its personnel and equipment in another municipality for a longer period than is deemed necessary. Waterford Township personnel and equipment may be withdrawn at any time at the discretion of the Waterford Township Fire Chief.
6. Notwithstanding any other circumstances, Waterford Township shall not be required to respond to a request for assistance under the OAKWAY agreement when such request, in the opinion of the Waterford Township Fire Chief, will jeopardize the fire and emergency protection the Fire Department provides within Waterford Township.
7. When Waterford Township requests assistance from another municipality under the OAKWAY agreement, the Fire Chief shall provide a guide from Fire Department personnel who will be familiar with streets, hydrant location and other pertinent information.
8. Waterford Township shall bear all costs for personnel and equipment used by the Waterford Fire Department when responding to requests for assistance in another member municipality, with the exception that all chemicals used shall be paid for by the municipality requesting assistance. In such cases, the Waterford Township Fire Department shall present to the municipality requesting assistance a statement of charges for all chemicals used in providing assistance to that municipality.
9. If as a result of mutual aid rendered under the OAKWAY agreement, equipment or apparatus of a municipality responding to a request for assistance is damaged so as to prevent further normal fire protection for the citizens of a member municipality, the Fire Chief of Waterford Township is authorized to continue and/or supplement fire protection for such municipality for a period of thirty (30) days. The Fire Chief of Waterford Township shall not continue this protection for more than six (6) months without approval from the Township Board.
10. Waterford Township understands that member municipalities participating in OAKWAY may make mutual aid agreements with other municipalities not currently a party to the OAKWAY agreement; provided, however, that should participation in such agreements, in the judgment of the fire chiefs, indicate that a participating municipality may not be able to fully comply with the requirements of the OAKWAY agreement, procedures as a set forth in Paragraph 14 of the OAKWAY agreement may be instituted.
11. Waterford Township understands that membership in OAKWAY is contingent upon the unanimous approval of all member municipality fire chiefs; and that if such membership is rejected by the fire chiefs that Waterford Township may make direct application to each of the governing bodies of the member municipalities in which case membership shall be contingent upon the unanimous approval of all such governing bodies.
12. Waterford Township further understands that continued membership in OAKWAY, upon acceptance as a municipal member, shall be based on the ability of Waterford Township to qualify as a member municipality as defined in Paragraph 14 of the OAKWAY agreement.
13. Waterford Township agrees that if, in the future, it desires to withdraw from membership in OAKWAY that it shall give thirty (30) days written notice to each participating municipality before withdrawing its services as provided in the OAKWAY agreement.
14. Membership of the Charter Township of Waterford in OAKWAY shall not become effective until unanimous approval has been received from the governing bodies of all the current member municipalities.

Moved by Fortino,
Supported by O'Shea, RESOLVED, to approve the foregoing resolution for OAKWAYS Agreement.

Motion carried unanimously.

 Moved by Deni,
Supported by Birkle, RESOLVED, to adjourn into Executive Session to discuss . Kuza v. CTW at 8:40 p.m. Roll call was taken.

Motion carried unanimously.